2013-07-15_Agenda Packet--Dossier de l'ordre du jourr.
City of Saint John
Common Council Meeting
AGENDA
Monday, July 15, 2013
6:00 pm
Council Chamber
Please use Chipman Hill entrance
S'il vous plait utiliser 1'entree Chipman Hill
Si vous avez besoin des services en francais pour une reunion de Conseil communal, veuillez contacter le
bureau du greffier communal au 658 -2862.
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1
Pages
1.
Call to Order - Prayer
2.
Approval of Minutes
2.1 Minutes of June 24, 2013
1 -7
3.
Approval of Agenda
4.
Disclosures of Conflict of Interest
5.
Consent Agenda
5.1 Government Bulk Liquid Fuel Contract - Procurement Agreement
8-12
(Recommendation in Report)
5.2 Merchant Agreement - Chase Paymentech Solutions (Recommendation in
13-19
Report)
5.3 Sponsorship - NB Business Hall of Fame (Recommendation in Report)
20-22
6.
Members Comments
7.
Proclamation
8.
Delegations / Presentations
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8.1 Fundy Region Solid Waste Presentation 23-32
9. Public Hearings
10. Consideration of By -laws
10.1 Third Reading Proposed Municipal Plan By -Law Amendment 220 Glen Road 33-35
10.2 Third Reading Proposed Zoning By -Law Amendment 221 Loch Lomond Road 36-37
10.3 Public Presentation - Commerce Drive, Consumers Drive and Mark Drive 38-42
10.4 Third Reading Zoning By -Law Amendment Re: Keeping of Chickens As A 43-45
Secondary Use
11. Submissions by Council Members
11.1 Placing or Dumping of Fill (Councillors Norton and Lowe) 46-46
11.2 Ambulance NB (Deputy Rinehart) 47-47
12. Business Matters - Municipal Officers
12.1
Engineering Services: Musquash and Golden Grove Road - Water Pumping
48-51
Station Upgrades
12.2
Update Regarding the Zoning Bylaw Review
52-53
12.3
Transportation and Environment Services - Heavy Truck Replacement
54-56
12.4
YMCA Grant Funding Proposal - Provision of Recreation Programs and
57-115
Services at the Forest Glen Community Centre
12.5
YMCA Grant Funding Proposal - Provision of Recreation Programs and
116-175
Services at the Millidgeville Community Centre
12.6
Boys and Girls Club Grant Funding Proposal - Provision of Recreation
176-230
Programs and Services at the South End Community Centre & Unconditional
Grant for the Boys and Girls Club
13. Committee Reports
14. Consideration of Issues Separated from Consent Agenda
15. General Correspondence
15.1 37 Signal Regiment 2 Squadron - Permission to Exercise Freedom of the City 231 -231
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16
17
18
15.2 Saint John Automobile Dealers Association - Traffic Light Situation 232-235
15.3 L. Kincade Letter Re: Advertising Proposal 236-236
15.4 North Star Holdings Ltd. Re: Request for Development Time Extension 237-238
15.5 H. Sauerteig Letter Re: The Saint John Emergency Management Organization 239-257
Advisory Committee
Supplemental Agenda
Committee of the Whole
Adjournment
3
City of Saint John
Common Council Meeting
Monday July 15, 2013
Committee of the Whole
1. Call to Order
Si vous avez besoin des services en frangais pour une r6union de Conseil communal, veuillez
contacter le bureau du greffier communal au 658 -2862.
Each of the following items, either in whole or in part, is able to be discussed in private pursuant
to the provisions of subsection 10.2(4) of the Municipalities Act and Council / Committee will
make a decision(s) in that respect in Open Session:
4:30 p.m. 8t" Floor Boardroom City Hall
1.1 Approval of Minutes 10.2(4)
1.2 Approval of Minutes 10.2(4)
1.3 Financial Matter 10.2(4)(c)
1.4 Financial Matter 10.2(4)(c)
1.5 Employment Matter 10.2(4)0)
1.6 Land Matter 10.2(4)(d)
1.7 Legal Matter 10.2(4)(f)
1.8 Provincial Matter 10.2(4)(e)
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The City of Saint John
Seance du conseil communal
Le lundi 15 juillet 2013
Salle du conseil, 18 h
Comite plenier
1.Ouverture de la seance
Si vous avez besoin des services en frangais pour une r6union de Conseil communal,
veuillez contacter le bureau de la greffiere communale au 658 -2862.
Chacun des points suivants, en totalit6 ou en partie, peut faire Pobjet d'une discussion en
priv6 en vertu des dispositions pr6vues a Particle 10 de la Loi sur les municipalites. Le
conseil /comit6 prendra une ou des d6cisions a cet 6gard au cours de la seance publique
16 h 30 — Salle de conference, 8e etage, hotel de ville
1.1 Approbation du proces- verbal — paragraphe 10.2(4)
1.2 Approbation du proces- verbal — paragraphe 10.2(4)
1.3 Question financiere — alin6a 10.2(4)c)
1.4 Question financiere — alin&a 10.2(4)c)
1.5 Question relative a 1'emploi — alin&a 10.2(4)j)
1.6 Question relative aux biens -fonds — alin&a 10.2(4)d)
1.7 Question juridique — alin&a 10.2(4)/)
1.8 Question provinciale — alin&a 10.2(4)e)
Seance ordinaire
1. Ouverture de la seance, suivie de la priere
2. Approbation du proces- verbal
2.1 Proces- verbal du 24 juin 2013
3. Adoption de Pordre du jour
4. Divulgations de conflits Winterets
5. Questions soumises a 1'approbation du conseil
5.1 Contrat de combustible liquide en vrac conclu avec le gouvernement —
Accord sur les approvisionnements (recommandation figurant au rapport)
5.2 Entente avec les commergants — Chase Paymentech Solutions
(recommandation figurant au rapport)
5.3 Parrainage — Temple de la renomm6e des affaires du Nouveau - Brunswick
(recommandation figurant au rapport)
6. Commentaires pr6sent6s par les membres
7. Proclamation
8. D616gations et presentations
8.1 Presentation de la Commission de gestion de d6chets solides de Fundy
9. Audiences publiques
10. Etude des arret6s municipaux
10.1 Troisieme lecture du projet de modification de 1'arret6 sur le zonage du
plan municipal relativement au 220, chemin Glen
10.2 Troisieme lecture du projet de modification de 1'arret6 sur le zonage
relativement au 221, chemin Loch Lomond
10.3 Presentation publique — promenade Commerce, promenade Consumers et
promenade Mark
10.4 Troisieme lecture du projet de modification de 1'arret6 sur le zonage visant
1'61evage de poulets a titre d'usage secondaire
11. Interventions des membres du conseil
11.1 Placement ou d6chargement de mat6riau de remblayage (conseillers
Norton et Lowe)
11.2 Ambulance NB (mairesse suppl6ante Rinehart)
12. Affaires municipales 6voqu6es par les fonctionnaires municipaux
12.1 Services d'ing6nierie : Musquash et chemin Golden Grove —
Am6liorations au poste de pompage de 1'eau
12.2 Mise a jour sur 1'examen de 1'Arrete de zonage
12.3 Services de transport et d'environnement — Remplacement des camions
lourds
12.4 Proposition de subventions du YMCA — Prestation de programmes et de
services de loisirs au centre communautaire Forest Glen
12.5 Proposition de subventions du YMCA — Prestation de programmes et de
services de loisirs au centre communautaire Millidgeville
12.6 Proposition de subventions du Club gargons et filles — Prestation de
programmes et de services de loisirs au centre communautaire South End
et subvention inconditionnelle du Club gargons et filles
13. Rapports deposes par les comites
14. Etude des sujets ecartes des questions soumises a 1'approbation du conseil
15. Correspondance generale
15.1 2e escadron du 37' Regiment des Transmissions — Permission d'exercer le
Droit de cite
15.2 Saint John Automobile Dealers Association — Situation relative aux feux
de circulation
15.3 Lettre de L. Kincade visant un projet publicitaire
15.4 North Star Holdings Ltd. visant une prorogation de delai pour une
demande d'amenagement
15.5 Lettre de H. Sauerteig visant le Comite consultatif de 1'Organisme de
gestion des services d'urgence de Saint John
16. Ordre du jour supplementaire
17. Comite plenier
18. Levee de la seance
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COMMON COUNCILICONSEIL COMMUNAL
JUNE 24, 20131LE 24 JUIN 2013
COMMON COUNCIL MEETING -- THE CITY OF SAINT JOHN
CITY HALL — JUNE 24, 2013 - 6:00 P.M.
Present:
Mel Norton, Mayor
Deputy Mayor Rinehart and Councillors Farren, Fullerton, Lowe,
MacKenzie, McAlary, Merrithew, Norton, Reardon and
Strowbridge
and -
P. Woods, City Manager; J. Nugent, City Solicitor; C. Graham,
Comptroller; B. Keenan, Engineering Manager; J. Hamilton,
Commissioner of Growth and Community Development Services;
A. Poffenroth, Deputy Commissioner Building and Inspection
Services; J. Fleming, Police Sergeant; K. Clifford, Fire Chief; J.
Taylor, Common Clerk; and J. Beltrandi Chown, Administrative
Assistant.
1. Call To Order -- Prayer
Mayor Norton called the meeting to order and Reverend David Nicholson offered the
opening prayer_
2. Approval of Minutes
3. Approval of Agenda
On motion of Councillor McAlary
Seconded by Councillor Reardon
RESOLVED that the agenda of this meeting be
approved with the addition of items 16.1 Contract No. 2012 -12: - Simpson Drive New
Curb and Sidewaik; 17.2 Committee of the Whole: Greg Yeomans - Vehicle Allowance;
17.3 Committee of the Whole: Outdoor Patio Request — Union Station Lounge City -
Owned Off - Street Right of Way — Sydney Street Parking Lot; and 17.4 Committee of the
Whole: Acting Deputy Common Clerk.
Question being taken, the motion was carried.
4. Disclosures of Conflict of Interest
Deputy Mayor Rinehart and Councillor Farren declared a convict of interest with items
11.2 Conflict of Interest — Lawyer Representing Both the City and CUPE (Councillor
Fullerton); and 17.1 Committee of the Whole: City of Saint John Shared Risk Pension
Plan, 17.1.1 The City of Saint John Shared Risk Plan — Plan Text; and 17.1.2 Funding
Policy as of January 1, 2013.
5. Consent Agenda
5.1 That as recommended by the City Manager in the submitted report M &C 2013-
135: Proposed Municipal Plan Amendment to Correct Mapping Error Commerce
Drive /Consumers Drive Area, Common Council initiate the process for consideration of
an amendment to the Municipal Plan to correct the mapping error with respect to the
additional properties in the Commerce Drive /Consumers Drive area illustrated on the
submitted map, being PID numbers 55149777, 55151310, 55200430, 55200448,
00000004 and 00437772.
5.2 That as recommended by the City Manager in the submitted report M &C 2013 -
136: Proposed Public Hearing Date 2240 Red Head Road, 750 Somerset Street and
1954 Manawagonish Road, Common Council schedule the public hearings for the
rezoning and Section 39 amendment applications of Cobalt Properties (2240 Red Head
Road), Altus Group (750 Somerset Street) and City of Saint John (1954 Manawagonish
Road) for Monday, July 29, 2013 at 6:30 p.m. in the Council Chamber, and refer the
applications to the Planning Advisory Committee for a report and recommendation.
5.3 That as recommended by the City Manager in the submitted report M &C 2013-
132: General Specifications - Policy Revisions (Divisions 2 & 6), Common Council:
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COMMON COUNCIL /CONSEIL COMMUNAL
JUNE 24, 2013/LE 24 JUIN 2013
Adopt the submitted revisions to the current clauses of Division 2 (Instructions to
Tenderers and Tendering Procedures) and Division 6 (General Administration of
Contract) of the City of Saint John General Specifications.
5.4 That the submitted report M &C 2013 -133: 2013 General Specifications Revisions
be received for information.
5.5 That as recommended by the City Manager in the submitted report M &C 2013-
131: Loch Lomond Road (Russell Street to Westmorland Road) — Road Reconstruction,
Common Council authorize Purchasing and Materials Management to issue a Purchase
Order to Saint John Energy in the amount of $159,461.34 to proceed with the work as
outlined in the submitted report.
On motion of Councillor McAlary
Seconded by Councillor Merrithew
RESOLVED that the recommendation set out for
each consent agenda item respectively be adopted.
Question being taken, the motion was carried.
6. Members Comments
Council members commented on various community events.
7. Proclamation
8. Delegations /Presentations
9. Public Hearings
10. Consideration of By -laws
10.1 Stop -Up and Closure of Portion of King William road for Lorneville
Community Centre Signage
On motion of Councillor Farren
Seconded by Councillor McAlary
RESOLVED that as recommended by the City
Manager in the submitted report M & C 2013 -139 Stop -Up and Closure of Portion of
King William Road for Lorneville Community Centre Signage that the City of Saint John
enter into the License Agreement attached to the submitted report M & C 2013 -139 for
$1.00 (One dollar) and further that the Mayor and Common Clerk be authorized to
execute any document(s) necessary to finalize the transaction.
Question being taken, the motion was carried.
On motion of Councillor Farren
Seconded by Councillor McAlary
RESOLVED that the By -law entitled, "By -law
Number M -23, A By -law to Amend a By -law Respecting the Stopping Up and Closing of
Highways in The City of Saint John" with regard to King William Road, be read.
Question being taken, the motion was carried.
The by -law entitled, "By -law Number M -23, A By -law To Amend a By -law Respecting the
Stopping Up and Closing of Highways in The City of Saint John" was read in its entirety.
On motion of Deputy Mayor Rinehart
Seconded by Councillor Farren
RESOLVED that the By -law entitled, "By -law
Number M -23, A By -law To Amend a By -law Respecting the Stopping Up and Closing of
Highways in The City of Saint John" with regards to King William Road, be read a third
time, enacted, and the Corporate Common Seal affixed thereto.
Question being taken, the motion was carried.
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COMMON COUNCILICONSEIL COMMUNAL
JUNE 24, 20131LE 24 JUIN 2013
Read a third time by title, the by -law entitled "By -law Number M -23, A By -law to Amend
a By -law Respecting the Stopping -Up and Closing of Highways in the City of Saint
John."
11. Submissions by Council Members
11.1 Rehabitat Inc. Presentation (Mayor Norton)
On motion of Councillor McAlary
Seconded by Councillor MacKenzie
RESOLVED that the Common Clerk schedule a
time for Rehabitat Inc. representatives to present to Common Council regarding a land
bank opportunity.
Question being taken, the motion was carried.
(Deputy Mayor Rinehart and Councillor Farren withdrew from the meeting.)
11.2 Conflict of Interest - Lawyer Representing Both the City and CUPE
(Councillor Fullerton)
Councillor Fullerton made a motion, which did not receive a seconder, to have a
discussion in open session on the issue of conflict of interest regarding signing of the
Plan Text and Funding Policy for the Shared Risk Pension Plan without a lawyer
representing the City, the Taxpayers, and the retirees providing Council with a legal
opinion before doing so.
(Deputy Mayor Rinehart and Councillor Farren re- entered the meeting)
11.3 Release of Sexual Offenders into the Community (Deputy Mayor Rinehart)
Responding to a question, Mr. Nugent stated that the City does not have control over
where parolees are released, advising that it is a function of the federal government.
On motion of Deputy Mayor Rinehart
Seconded by Councillor Strowbridge
RESOLVED that a request be made immediately to
the appropriate Minister(s) and senior official (s) responsible for data on release and
location of individuals previously convicted for sexual offenses. This data should include
the type and severity of the offense, the sentence given, and any relevant psychiatric
opinion regarding potential for rehabilitation, likelihood to reoffend and assessed danger
to society (the community in which they will reside).
Question being taken, the motion was carried.
On motion of Deputy Mayor Rinehart
Seconded by Councillor Strawbridge
RESOLVED that a request ue made immediately
for a meeting between senior City officials, including those in law enforcement, and the
appropriate Minister(s) and senior official (s) responsible to discuss this issue and work
toward an equitable and respectful resolution that protects the interests and safety of our
community.
Question being taken, the motion was carried.
12. Business Matters - Municipal Officers
12.1 Agreement with NB Power for Back -Up Fire Protection Services at the Point
Lepreau Generating Station
Responding to a question, the Fire Chief stated that a user fee of $70,200 will cover all
of the hours required to respond to an incident at Point Lepreau. He added that once the
Fire Department responds to an incident the other costs outlined in the contract would
apply.
On motion of Councillor McAlary
Seconded by Councillor Merrithew
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COMMON COUNCILICONSEIL COMMUNAL
JUNE 24, 20131LE 24 JUIN 2013
RESOLVED that as recommended by the City
Manager in the submitted report M &C 2013 -137: Agreement with NB Power for Back -Up
Fire Protection Services at the Point Lepreau Generating Station, The City of Saint John
enter into an agreement with the New Brunswick Power Nuclear Corporation to provide
back -up fire protection service at the Point Lepreau Generating Station, on terms and
conditions noted herein; and that the Mayor and Common Clerk be authorized to sign
the submitted agreement.
Question being taken, the motion was carried.
12.2 Enforcement and Resource Issues with a By -Law to Prevent the Feeding of
Deer within the City Limits
On motion of Councillor McAlary
Seconded by Councillor Merrithew
RESOLVED that the submitted report M &C 2013-
138: Enforcement and Resource Issues with a By -Law to Prevent the Feeding of Deer
within the City Limits, be received for information.
Question being taken, the motion was carried.
12.3 Heart and Lung Act - Indexing
On motion of Councillor McAlary
Seconded by Deputy Mayor Rinehart
RESOLVED that as recommended by the City
Manager in the submitted report Heart and Lung Act — Indexing effective January 1,
2013, the annual indexing of the City portion of the benefits provided under the
provisions of An Act Respecting The Saint John Firefighter's Association be calculated
and applied at the same percentage as provided for pensions for the year in question,
under the City of Saint John Shared Risk Plan.
Question being taken, the motion was carried_
12.4 Boardwalk Cafe
On motion of Deputy Mayor Rinehart
Seconded by Councillor Reardon
RESOLVED that as recommended by the City
Manager in the submitted report M &C 2013 -134: Boardwalk Cafe, Common Council
direct the City Manager to negotiate a patio and cafe license for Council's review,
reflecting fair value, and which clearly identifies the protocols for management oversight
and programing around the Boardwalk area, as well as direct the Saint John Waterfront
Development Corporation to collaborate with the Hardman Group to establish the
standards for patio infrastructure and operations.
Question being taken, the motion was carried.
13. Committee Reports
13.1 Saint John Parking Commission: Special Event Request - Five Hole for
Food - Smythe Street Parking Lot
On motion of Councillor McAlary
Seconded by Councillor MacKenzie
RESOLVED that as recommended by the Saint
John Parking Commission in the submitted report Special Event Request - Five Hole for
Food - Smythe Street Parking Lot:
1. The City enter into a License Agreement in the form as attached to the letter from the
Parking Commission to the City Manager dated May 28, 2013 (the "license Agreement)
to grant permission to Five Hole for Food to use a portion of PID number 40147 to hold a
special event on July 7, 2013 upon the terms and conditions stipulated in the License
Agreement; and
2. The Mayor and Common Clerk be authorized to execute the License Agreement.
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COMMON COUNCILICONSEIL COMMUNAL
JUNE 24, 2013/LE 24 JUIN 2013
Question being taken, the motion was carried.
13.2 Saint John Parking Commission: Request to Present
On motion of Councillor McAlary
Seconded by Councillor Merrithew
RESOLVED that the request to present from the
Saint John Parking Commission regarding the amalgamation of the Parking and Transit
Boards be referred to the Clerk for scheduling_
Question being taken, the motion was carried.
14. Consideration of Issues Separated from Consent Agenda
15. General Correspondence
15.1 Turnbull Chapter New Brunswick - Battle of Britain Commemoration
On motion of Councillor McAlary
Seconded by Councillor MacKenzie
RESOLVED that the letter from Harold Wright
regarding the Battle of Britain Commemoration, be received for information.
Question being taken, the motion was carried.
16. Supplemental Agenda
16.1 Contract No. 2012 -12: - Simpson Drive New Curb and Sidewalk
On motion of Councillor Farren
Seconded by Councillor McAlary
RESOLVED that as recommended by the City
Manager in the submitted report M &C 2013 -140: Contract No. 2012 -12: - Simpson Drive
New Curb and Sidewalk, the contract be awarded to the low Tenderer, NRB
Construction Company Limited, at the tendered price of $127,380.95 (including HST) as
calculated based upon estimated quantities, and further that the Mayor and Common
Clerk be authorized to execute the necessary contract documents.
Question being taken, the motion was carried_
(Deputy Mayor Rinehart and Councillor Farren withdrew from the meeting)
17. Committee of the Whole
17.1 Committee of the Whole: City of Saint John Shared Risk Pension Plan
17.1.1 The City of Saint John Shared Risk Plan - Plan Text
17.1.2 Funding Policy as of January 1, 2013
17.1.3 Revised Resolution of Council Re: Plan Text and Funding Policy
17.1.4 Revised Pension Plan Text Blacklined
17.1.5 Revised Pension Plan Text
On motion of Councillor McAlary
Seconded by Councillor Norton
RESOLVED that Common Council adopt "The City
of Saint John Shared Risk Plan" dated as of January 1, 2013, prepared by Goodmans
LLP (including the amendment to section 4.4 delivered by Goodmans on June 24, 2013
as well as the deletion from Section 9 of the NTDs (Note to Draft) which were delivered
by Goodmans on June 18, 2013), as recommended by the Task Force on Protecting
Pensions established by the Province of New Brunswick, and submitted to Common
Council on June 24, 2013; AND FURTHER that the Mayor and Common Clerk be
authorized to execute the said document; and further,
RESOLVED that Common Council adopt "The City
of Saint John Shared Risk Plan, Funding Policy" dated as of January 1, 2013, prepared
by Goodmans LLP as recommended by the Task Force on Protecting Pensions
established by the Province of New Brunswick, and submitted to Common Council on
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COMMON COUNCILICONSEIL COMMUNAL
JUNE 24, 201311-E 24 JUIN 2013
June 24, 2013; AND FURTHER that the Mayor and Common Clerk be authorized to
execute the said document.
Question being taken, the motion was carried.
17.2 Committee of the Whole: Vehicle Allowance
On motion of Councillor McAlary
Seconded by Councillor Merrithew
RESOLVED that as recommended by Committee
of the Whole having met on June 24h, 2013, Common Council authorize an increase of
$150 per month in the vehicle allowance for G. Yeomans.
Question being taken, the motion was carried.
17.3 Committee of the Whole: Outdoor Patio Request — Union Station Lounge City -
Owned Off- Street Right of Way — Sydney Street Parking Lot
On motion of Councillor Farren
Seconded by Councillor Strowbridge
RESOLVED that as recommended by Committee
of the Whole, having met on June 24th, 2013, the City, jointly with the Saint John Parking
Commission, grant a license in favour of Mr. Blake Armstrong, owner of the Union
Station Lounge for the use of a portion of City owned lands (hereinafter the "Lands ")
being approximately 13' by 26' in size and located in the alleyway immediately adjacent
to the property housing the Union Station Lounge, known as civic number 198 Union
Street, upon the following terms and conditions:
1. Use of the Lands must comply with all provisions of the "Standards and
Specifications for the Establishment of Sidewalk Cafes Upon Street Rights of
Way" submitted to Common Council on May 7, 2001, with any adjustments
reflecting the fact that the lands are not part of a street right of way;
2. That the "Patio" layout for the said lands be in accordance with the sketch
attached to the June 19, 2013 correspondence from the Saint John Parking
Commission submitted to Common Council;
AND FURTHER that the Mayor and Common Clerk be authorized to execute the
aforesaid license.
Question being taken, the motion was carried.
17.4 Committee of the Whole: Acting Assistant Common Clerk
On motion of Councillor Farren
Seconded by Councillor Strowbridge
RESOLVED that as recommended by Committee
of the Whole, having met on June 24, 2013, Phil Ouellette be appointed Acting Deputy
Common Clerk during the absence of the Common Clerk by reason of illness, any other
reason, or when the office is vacant, with such appointment to continue until terminated
by resolution of Common Council.
Question being taken, the motion was carried
Referring to agenda item 17.1, the City Solicitor noted that a revised version of the Plan
Text and a revised draft resolution was distributed to Council before the Council meeting
and he asked for confirmation that the correct resolution had been adopted.
(Deputy Mayor Rinehart and Councillor Farren withdrew from the meeting)
On motion of Councillor McAlary
Seconded by Councillor MacKenzie
RESOLVED that Common Council adopt "The City
of Saint John Shared Risk Plan" dated as of January 1, 2013, prepared by Goodmans
LLP (including the amendment to section 4.4 delivered by Goodmans on June 24, 2013
as well as the deletion from Section 9 of the NTDs (Note to Draft) which were delivered
by Goodmans on June 18, 2013), as recommended by the Task Force on Protecting
n.
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COMMON COUNCILICONSEIL COMMUNAL
JUNE 24, 2013/LE 24 JUIN 2013
Pensions established by the Province of New Brunswick, and submitted to Common
Council on June 24, 2013; AND FURTHER that the Mayor and Common Clerk be
authorized to execute the said document; and further
RESOLVED that Common Council adopt
"The City of Saint John Shared Risk Plan, Funding Policy" dated as of January 1, 2013,
prepared by Goodmans LLP as recommended by the Task Force on Protecting
Pensions established by the Province of New Brunswick, and submitted to Common
Council on June 24, 2013; AND FURTHER that the Mayor and Common Clerk be
authorized to execute the said document.
Question being taken, the motion was carried with Councillor Fullerton
voting nay.
18. Adjournment
On motion of Councillor Reardon
Seconded by Councillor Strowbridge
RESOLVED that the Common Council meeting of
June 24, 2013 be adjourned.
Question being taken, the motion was carried.
The Mayor declared the meeting adjourned at 7:00 p.m.
Mayor 1 maire
Common Clerk 1 greffier communal
7
S � --ai - -� �^^ A-n r:1 TO C`I d1 C {`' ; yr C,�
M & C — 2013 -157
9 July 2013
His Worship Mel Norton
and Members of Common Council
Your Worship and Councillors:
SUBJECT: Government Bulk Liquid Fuel Contract —
Procurement Agreement
BACKGROUND:
'A
M
SIN
The City routinely takes advantage of volume purchasing contracts established by the
New Brunswick Provincial Government for various goods by participating in their
agreements. This practice of utilizing the Provincial contracts enables the City to
take advantage of lower pricing through capitalizing on the Province's volume
discounts while ensuring compliance with procurement legislation.
Two such contracts utilized by the City have been for bulk diesel fuel and bulk
heating (furnace) oil. The Province has recently enacted a requirement for
government entities wishing to take part in their contracts to sign a procurement
agreement prior to their tendering processes. This practice has enabled the Province
to establish committed volumes up -front, an incentive which will result in more
favorable pricing from the bidding community. As an example, through securing
product volumes from various organizations (e.g. FacilicorpNB, NB Power, LTNB,
the village of Memramcook, the town of Nackawic, and the Cities of Fredericton,
Moncton, Dieppe and Edmundston) the Province has been able to increase the spend
volume by approximately 32% from the last tendering cycle.
Also new this year is the combining of bulk diesel fuel and bulk heating (furnace) oil
onto one tender (vs. two (2) historically), "Liquid Fuel Bulk Tender #35568 -14 ".
RECOMMENDATION:
It is recommended that the City enter into the Procurement Agreement (Liquid Fuel
Tender #35568 -14) with the Province of New Brunswick generally in the form as
attached to this M & C. No. 2012 -157 for the supply by the Minister of Government
Services of bulk liquid fuel pursuant to the provisions of the Public Purchasing Act,
and, that the Mayor and Common Clerk be authorized to execute the said
Procurement Agreement.
M & C — 2013 -157
PAGE TWO
RECOMMENDATION CONT'D....
Respedfullysnbmitte /d,
Chris Roberts, SCMP, CPPB Gre
Acting Manager Cor.
Materials Management and
\: 4N �-�
kat�ck Woods, CGA
CiTy Manager
Ms, CGA, MBA
of Finance
live Services
PROCUREMENT AGREEMENT
(liquid Fuel Tender #35558 -14)
This Agreement made this _ day of . 2013.
BETWEEN:
HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF NEW BRUNSWICK, as
represented by the MINISTER OF GOVERNMENT SERVICES (the 'Minister)
- and —
(the 'Client")
(each a "Party"; collectively, the "Parties'
RECITALS:
WHEREAS the Minister procures liquid fuel in accordance with the Public Purchasing Act on a
bulk basis to meet the needs of government departments at the best possible price;
AND WHEREAS the Minister may purchase services and supplies on behalf of a government
funded body (the "Body) as defined in the Public Purchasing Act upon the request of the Body;
AND WHEREAS the Client is a Body within the meaning of the Public Purchasing Act;
NOW THEREFORE THIS AGREEMENT WITNESSES that in consideration of the mutual
covenants and agreements herein contained and other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, the Parties covenant and agree as
follows.
1. The Client hereby requests the Minister to procure liquid fuel on its behalf and the Minister
hereby agrees to procure liquid fuel on behalf of the Client in accordance with this
Agreement.
2. This Agreement commences upon the issuance of Liquid Fuel Bulk Tender #35568 -14.
Obligations of Minister
3. The Minister will issue Tender #35568 -14 (tire 'Tender ") to procure liquid fuel on a bulk basis
for a specified period of time to meet the needs of government departments and any Body
who requests the Minister to procure liquid fuel on its behalf, including the Client.
4. The Minister agrees to procure liquid fuel on behalf of the Client based on information
provided by the Client pursuant to paragraphs 7 and 8.
S. The Minister may eater into one or more contracts with the successful vendor(s) of the
Tender (the "Contract(s)l in which case the Minister will manage all such Contract(s).
6. Where the Minister enters into Contracts, the Minister agrees to provide to the Client the
following information:
a) a copy of the Purchase Order for the Tender, and
b) reports on the pricing of liquid fuel under the Contract(s) in a format and frequency
determined by the Minister.
Obligations of the Client
7. The Client agrees to provide to the Minister a list of its locations requiring liquid fuel and the
volume of liquid fuel required by each location during the time period specified in the
10
Tender for which liquid fuel is procured. The Client further agrees that subject to paragraph
number 8 this information constitutes its fuel needs for purposes of the Tender.
8. The Client may change its requirement for (quid fuel (locations and • olume) subject to any
limitations on such changes contained in the Tender or the Contract(s) and provided the
Client gives the Minister a minimum of sixty (60) days written notice of any such change.
9. The Client agrees to be bound by the priang and other applicable terms and conditions of
the Contiact(s) and to be solely responsible to pav to the successful 'vendor(s) of the Tender
arty amount owing for liquid fuel supplied to it by the vendor(s) as per the Contractis).
10. Both Parties ag ee that if the Minister exercises an option to extend the Contract(s) period,
the Client may opt not to be bound by the Contract(s) during the extended period by giving
the Minister three (3, months written notice thereof before the Contract(s) period ends.
11. The Client agrees to notify the Minister of any material issues on the part of the successful
vendors) with fulfilling the Contract(s) and that day -to -day operational issues will be the
sole responsibility of the Client and the successful vendor(s).
12. The Client agrees to indemnify and save harmless the Minister from any claims or damages
arising from this Agreement on behalf of the Client by the Ministei.
Confidentiality
13. Except as may be required for purposes of fulfilling this Agreement, the Tender or the
Contract(s) or permitted by law, the Minister and her employees or agents will not disclose
any confidential information provided to them by the Client for these purposes. The Client
will make known to the Minister what, if any, information so provided is confidential.
Billing and Payment
14. Both Parties agree that billing and payment for liquid fuel supplied to the Client pursuant to
the Contract(s) is the sole responsibility of the successful vendor(s) of the Tender and the
Client,
Termination
15. Where the Client breaches this Agreement, the Minister may terminate the Agreement
within 30 days of the occurrence of the breach it the Client fails to remedy the breach to the
satisfaction of the Minister.
Notices
16. Any notice, demand, or other communication required or permitted to be given under this
Agreement to any Party must be in writing and be personally delivered, sent by registered
mail postage prepaid, or sent by electronic mail or similar method of communication to the
intended recipient as follows:
to the Minister: Attention Denise Chessie, Procurement Specialist
Depai tment of Government Services
P.O. Box 6000
Fredericton, N.B. E3B 5H1
Tel/Tel: 506 - 453 -3319, Email: denise.chessie@gnb.ca
11
to the Client:
General: (Note- The following provisions, 17 -24, do not apply to Government Departments and
Crown Corporations and agencies.)
17. The Parties represent and warrant to each other that they have the requisite authority to
enter into this Agreement.
18. When executed, this Agreement constitutes a legal, valid, and binding obligation of both
Parties and may not be assigned, in whole or in part, by a Party without the prior written
consent of the other Party,
19, This Agreement enures to the benefit of, and is binding on, the Parties and their respective
successors and permitted assigns.
20. The Parties agree that each of them must do or cause to be done all further lawful acts,
deeds and assurances whatsoever for the better performance ofthe teims and conditions of
the Agreement. In the event of any dispute arising from or relating to this Agreement, the
Parties must use best efforts to settle the dispute in a timely manner.
21. This Agreement constitutes the entire agreement between the Parties and expresses the
complete understanding of the Parties with respect to the subject matter and supersedes all
prior proposals, agreements, representations and understandings.
22 This Agreement may be amended in writing from time to time upon written agreement of
the Parties. No amendment will be valid unless executed in this manner.
23. All obligations and covenants regarding confidential information herein contained survive
the termination of this Agreement
24. This Agreement will be governed by the laws of New Brunswick and the federal laws of
Canada.
IN WITNESS WHEREOF the Parties hereto have hereunto affixed their respective corporate
seals, duly attested by their proper signing officers the day and year first above written.
SIGNED, SEALED AND DELIVERED CLIENT
in the presence of
Witness
HER MAJESTY THE QUEEN IN RIGHT
OF THE PROVINCE OF NEW BRUNSWICK
Witness Hon. Sue Stultz
Minister of Government Services
12
5-,2—
The City of saint John
July 8, 2013
His Worship Mayor Mel Norton
And Members of Common Council
Your Worship and Councillors:
SUBJECT: Merchant Agreement — Chase Paymentech Solutions
BACKGROUND
In November of 2008, the City entered into an agreement with Chase
Paymentech Solutions, on behalf of the Bank of Nova Scotia, to process
payment card (Debit, Visa, Master Card and American Express) transactions for
the City of Saint John. The existing Merchant Account currently includes
transactions from the Finance Department, Building Inspection, Parking
Commission and Municipal Operations.
The Parkng Commission will be opening the new Parking Garage located on
Sewell - Carleton Street and would like to be able to process payments through
WPS Parking Systems. This system will include entry and exit terminals which
will require additional merchant agreement locations from Chase Paymentech.
To do, we need to enter into a new agreement with Chase Paymentech. Details
of the Merchant Account can be found in the attached Merchant Agreement
Addendum and Schedule A to Merchant Agreement Assumptions and Fees.
ANALYSIS
This Merchant Application and Agreement was previously reviewed by the Legal
Department and they have indicated that there are no major concerns arising
from their review of the existing agreement.
w
SATNT j Gl z N
P.O. Box 1971 ! C.P. 1971
Saint John, NB Saint john, N. -B.
Canada EA -: i-1 Canada ER 41
www Sai:t-John.ca
Report to Common Council
Merchant Agreement
July 8, 2013
Page 2
FINANCIAL CONSIDERATIONS
Fees for the new Merchant Agreement include an application fee of $100.00 and
a monthly administration fee of $9.95. Additional fees per transaction can be
found in Schedule A. These funds are provided for in the Parking Commission's
Budget.
RECOMMENDATIONS
It is recommended that
1. The City of Saint John enter into a "Merchant Agreement "with Chase
Paymentech Solutions for the processing of payment card transaction
based upon the terms and conditions attached to this report.
2. The Mayor and Common Clerk be authorized to execute the necessary
documents.
Respectfully sub
Gregory%/Yeo0ans, CGA, MBA
CommisprioneV, Finance Department
J. trick Woods, CGA
Cit anager
Attachments
14
MERCHANT AGREEMENT ADDENDUM:
CHASE 0"
ADDITIONAL LOCATION I SERVICES
fayrneritach
MCC: REFERRAL SOURCE/ASSOCIATION NUMBER: REFERRAL NUMBER: SALES REPRESENTATIVE: NT1i TU WELSH
SALES REP ID: 60206 TELEPHONE NUMBER: 9054719757 CORPORATE No.: 17510800030 EXISTING MERCHANT NUMBER: 17510800030
ADDITIONAL LOCATION: El I ADDITIONAL SERVICE: ❑ PREFERRED LANGUAGE: IM ENGLISH Q FRENCH
PAYMENT INSTRUMENT ACCEPTANCE REQUESTED (SELECT ALL THAT APPLY):
19 VISA E MASTERCARD ❑ INTERAC ❑ VISA DEBIT ❑ MAESTRO ❑ MASTERCARD DEBIT 0 AMERICAN EXPRESS: AMERICAN EXPRESS MERCHANT #
EQUIPMENT TYPE: E RENT ❑ PURCHASE ❑ LEASE ❑ REPROGRAM I CURRENCY: o CANADIAN ❑ U.S. CT BOTH CANAnIAN AND U.S.
MERCHANT INFORMATION'
BUSINESS LEGAL NAME
City Saint John
IS YOUR BUSINESS SEASONAL?
of
❑ YES ® NO
MAILING/BILUNG ADDRESS
CITY
PROVINCE
POSTAL CODE
15 Market Square
Saint John
NB
E2L41-1
TELEPHONE NUMBER
FAX NUMBER
GST NUMBER
TOTAL # OF LOCATIONS
5066584033
MERCHANT'DOING BUSINESS AS' NAME
BUSINESS START DATE
HOW LONG AT THIS LOCATION
City of Saint John
LOCATION ADDRESS
CITY
PROVINCE
POSTAL CODE
75 Carleton St.
Saint John
NB
E21-2Z2
TELEPHONE NUMBER
PRIMARY MERCHANT CONTACT
E-MAIL ADDRESS
5066584033
Cindy Blizzard
cind .blizzard safnt ohn.ca
TYPE OF OWNERSHIP: Q SOLE OWNERSHIP ❑ PARTNERSHIP ❑ LLC ❑ PUBLIC CORP ❑ PRIVATE CORP ❑ NON- PROFIT CORP ® GOVERNMENT CORP
TYPE OF BUSINESS: ❑ RETAIL ❑ WHOLESALE ❑ RESTAURANT ❑ LODGING ❑ MAIL ORDER ❑ TELEPHONE ORDER ❑ CONVENIENCE STORE
❑ CONVENIENCE STORE WITH GAS ❑ INTERNET ❑ BUSINESS TO BUSINESS ❑ HOME -BASED E OTHER (SPECIFY) Parking
LIST ALL WESSITE ADDRESSES:
DESCRIBE THE MERCHANDISE SOLD OR SERVICE PROVIDED Parking
DELIVERY METHOD FOR STATEMENT:
DELIVERY METHOD FOR CHARGEBACKS:
IJ MAIL: ❑ ADDRESSIB1LLING ADDRESS ❑ LOCATION ADDRESS
0 MAIL: ❑ ADDRESS/BILLING ADDRESS ❑ LOCATION ADDRESS
E EMAII -- IM& blizzard saln ioln , n
❑ FAX:
SALES DEPOSIT AND
REFUND POLICY
%Annual Credit Card Sales Generated by:
% of customer orders dellvered In:
0 days %
Number o1 days to prepare shipments for delivery to customer 0 days
MaiVTelephone %
1 to 7 days 100%
Internet %
B to 14 days %
MasterCard[ Visa Sales are deposited ® Date of Order ❑ Date of Delivery ❑ Other
Card Swiped 100%
15 to 30 days %
Hand Keyed/Face e Face
More than 30 days %
fI
Has there been a change to your refund policy since initial application? Yes ❑ NDE
Total: %
Total: %
If yes, please explain.
OWNERS AND
OFFICERS'
1. NAME
2. NAME
TITLE Mayor PERCENT OF OWNERSHIP %
TITLE
PERCENT OF OWNERSHIP %
RESIDENCE ADDRESS
RESIDENCE ADDRESS
CITY
PROVINCE
CITY
PROVINCE
POSTAL CODE
HOMETELEPHONE
POSTAL CODE
HOME TELEPHONE
DATE OF BIRTH (mmIdd/year)
SIN # (OPTIONAL)
DATE OF BIRTH (mnrddfyeer)
SIN # (OPTIONAL)
HAVE YOU EVER FILED FOR BANKRUPTCY❑ YES ® NO
HAVE YOU EVER FILED FOR BANKRUPTCY 13 YES 17 NO
CREDIT INFORMATION
CANADIAN DOLLARS ANNUAL
US DOLLARS ANNUAL
VISA CREDIT VOLUME: $5000000
CREDIT AVERAGE TICKET SIZE s 15
VISA CR VOLUME: $
CREDIT AVERAGE TICKET SIZE $
MASTERCARD CREDIT VOLUME: 6250000
MASTERCARD CR VOLUME: $
DEBIT VOLUME $250000
TOTAL CREDIT VOLUME: $
TOTAL DEBIT /CREDIT VOLUME: $1000000
This Addendum supplements, and is hereby incorporated into and made a part of, the merchant agreement between Paymentech and Merchant (the "Merchant
A reement") and Is effective on the earlier of (i) our acceptance hereof (as evidenced by the execution of the Addendum by us) or (ii) your first processl� for
the app (cable additional location or service(s), and shall continue in accordance the terms the Agreement. This
with of Addendum, and the rights and obligations
of the parties hereunder, are expressly made subject to the terms and conditions contained in the Merchant Agreement. Under the terms of this Addendum.
Paymentech will be the sole provider to Merchant of the services necessary to authorize, process and settle all of Merchant's credit and debit transactions as
requested by Merchant in this Addendum and/or at the additional location set forth in this Addendum and in the Schedule A to this Addendum.
MERCHANT LEGAL NAME: City of Saint John ( "Merchant," "you" or "your"): As the person signing below on behalf of
the Merchant, I certify that I am duly authorized to sign this Addendum on behalf of the Merchant.
Individual Signature ( #1 from application) Tide Individual Signature (#2 from application)
Print Name Date Print Name
APPROVED: CHASE PAYMENTECH SOLUTIONS ( "Paymentech ", 'we ", "our", "us ") for itself and on behalf of The Bank of Nova Scotia for the purposes of
Visa acceptance and First Data Loan Company, Canada for the purposes of MasterCard acceptance.
By: Title: Date:
'Personal information Ls collected, used and disclosed as described herein and In accordance with our ap'pAW Privacy Policy (available at w. a v.chasepaymentech.ca orupon request) orothermse as permitted by
Few. TMTnademsrk of Chase Paymentech Solutions, LLC. Chase Paymentech Solutions authortzed user. grade mark of Chase Paymentech Solutions, LLC. Chase Payme ntach Solutions authorized user.
v. D812010
t--
American Express Cart! Agreement
AMEX / JCB CARD ACCEPTANCE AGREEMENT
Sales Representative Nittu Welsh
Preferred Language Qe English Q French
PAYMENT INSTRUMENT Acceptance Requested Q AMEX and JCB
if applicable, enter American Express Merchant Number
Q AMEX Only
CAP #
Business Legal Name City of Saint John
Merchant "Doing Business As" Name City of Saint John
Primary Merchant Contact Cindy Blizzard
Mailing /Billing Address 15 Market Square
City Saint John
Province NB Postal Code E21- 41-1
Telephone #
Fax #
Total # of Locations: 1
Is the location address same as above? Q Yes C7i No (please provide address)
Location Address (No P.O. Box) 75 Carleton Street
City Saint John
Province ON
Postal Code E21- 2Z2
Alternative Contact
I Telephone #
Fax #
Annual Amex/JCB Volume $
=Average Amex Ticket Size $ 15
Discount Rate % 3.5000 1 Transaction Fee $ 0.
Card Not Present % 0 1
Monthly Flat Fee $
Speed Of Pay (! 3 day (, 15 day Q 30 day
Type of ownership: Q Sole Proprietorship ()Partnership 0 LLC Q Public Corp Q Private Corp (-) Non - Profit 0 Government. Corp 0 L.P.
Online Merchant Statement ($0.00) : email address required cindy.blizzard @saintjohn.ca To Paper Statement: ($4.95 / month)
Fees charged by American Express are documented In the Amex Terms.
Paymentech fees are not set or collected by American Express and are separate and apart from fees applied by Amex Bank of Canada for Amex Card Acceptance.
o
Financial Institution Name
I Transit Number I Institution Code I Account Number
I, the undersigned acknowledge and agree information provided under, Amex 1 JCB Card Acceptance Agreement will be submitted to
Amex Bank of Canada ( "Amex ") on behalf of the entity accepting the Card named under business legal entity (the "Entity ") by
Chase Paymentech Solutions. I acknowledge and agree that the Entity desires to accept American Express cards in accordance with the
terms and conditions established by Amex ( "Amex Terms "), which will be provided to the Entity by Amex. Amex and Entity confirm that
upon delivery, the Amex Terms together with this application represent the agreement for Amex card acceptance between the parties. On
behalf of the Entity I will ensure that the Amex Terms are reviewed and agree that they will be binding on the Entity on the earlier of: a) the
receipt of the Amex Terms by the Entity or b) the Entity's use of the American Express merchant number assigned to it. If the Amex
Terms are not received by the Entity, I agree that Amex will be contacted at 1-800 -268 -9877 to request a copy.
By signing below, I authorize Amex to debit from the bank account identified in this application or otherwise provided for any amounts
owing by the Entity to Amex pursuant to the Amex Terms. I also agree to provide Amex with additional information related to this
authorization upon request.
I certify to Amex that the information provided under, Amex / JCB Card Acceptance Agreement is true, complete and accurate. I
authorize Amex to verify the information on this application and consent to the collection, use and disclosure of personal information about
me for the purpose of processing this application to accept American Express Cards. If 1 have provided personal information about other
individuals on this application, I confirm that I have the permission of those individuals to share their personal information to Amex for
these purposes. I consent to the sharing of credit information about me or the Entity with credit reporting agencies or credit bureaus as
well as entities with which the Entity purports to have a financial relationship and to use of third party databases to obtain or verify
information about the Entity and its financial condition.
Date :
Merchant's Authorized Signature:
Print Name:
Title:
16
4nase Naymentecn solutions - 4AU Schedule A to Merchant Agreemenq
City of Saint John Assumptions and Fees
Assumptions
MasterCard / Visa Sales Volume
Average Transaction Size
Chargeback %
Number of Locations
Number of Debit Card Transactions
Foreign Card Volume Estimate
Retum Volume Estimate
Fees
1. Initiation and Service Fees:
Annual Fee
2. Transaction Fees:
Application Fee
Pinpad Encryption Fee
Monthly Admin Fee (per location)
Monthly leased terminal maintenance fee
750,000
.
............................................................. ............................... $15
................................................................. ............................... 0.025%
.............................................................. ............................... 1
................................................................ ...............................
16,667
................................................................ ............................... 2.00%
......- °-- --. 2.00%
................................................................ ...............................
NIA
............................ .. ...............................
$100.00
N/A
9.95
(per terminal
........................................................ ...............................
Internet Product:
Setup Fee (per location)
Monthly Fee (per location)
Transaction Fee
Wireless Product:
Setup Fee (per terminal)
Monthly Wireless Network Fee (per terminal)
Safetech Encryption:
Setup Fee (per terminal)
Transaction Fee
Settled Visa Per Item Fee (Sale + Return)
Settled MasterCard Per Item Fee (Sale + Retum)
Return Transaction Per Item Fee - Visa
N/A
....... . .................................. ......................................... I ......... ... N/A
.......................................................... ...............................
N/A
........................................................... ............................... N/A
................................................................. ............................... N/A
Return Transaction Per Item Fee - MasterCard
... ...............................
MasterCard International Transaction Processing Fee'...
......................................................... ...............................
American Express Per Item (Sale + Return)
............................................................. ...........I...................
........................................................... ...............................
Discover / JCB /Private Label Per Item (Sale + Retum�
Interac Debit Per Item (Sale + Return)
Maestro Debit Per Item (Sale +Return) .............................................. I...........
..... . ............. .....................
Settled Visa Debit and Visa Debit Standard Per Item Fee (Sale + Return) ..........
Interac Online Per Item (Sale + Retum)
Small Ticket Transaction Fee (may vary depending on average ticket size)
Fee for the processing of international transactions as detlned by MasterCard
3.Authori7ation Fees:
Voice Authorization
MasterCard / Visa Authorization
Merchant Signature: X
NIA
N/A
.. ............................... ................. $0.500
WA
40481.18020130619145303
17
Date:
(Month / Day / Year)
4. Gift Lard Fees:
Gift Card Program None
Monthly Plan Fee (per location) N/A
Monthly Gift Card Only Merchant Fee (per location) N/A
Authorization Fee"
Block Activation Fee (per card) _
Setup Fee (per location) NIA
................................................................. ............................. ..
3rd Party Card Data File Fee (per card - Minimum $100 per file) N/A
.............................. ...............................
Web Balance Inquiry Setup Fee (per branded application) N/A
.. ............................ ...............................
Web Balance inquiry Monthly Fee (per branded application) N/A
------------- ------•------.. e.................... ....
'Cards, Packaging d Point- of•purchase marketing materials are available and priced on a per run basis, based on curtest rates. Thaw rates ere shown on the Gift Card Materials Order
Form. You are requlred to purchase your stored value cards from us. You must process all your stored value card transadlons with us for at least 3 years from the effective data of this
Agreement (the Tenn'). ff you terminate this Agreement prior to the expiration of the Term, you agree to pay as liquidated damages an amount equal to the Gift Card fees you paid us the
previous month times the months remaining in the Term. Such amount A be funded, to the extent possible, 8aa04 to the same methods for collecting amounts due under Section 4.5 0
this Agreement.
5. Reporting Options:
Resource Online Monthly Fee NIA
6. Discount Information
MasterCard /Visa Credit Discount Rate On Gross Sales
MasterCard Rate
Visa Rate
MasterCard Assessment Fee (Before July 1st 2013)
MasterCard Assessment Fee (Effective July 1 st 2013)
Visa Assessment Fee
MasterCard Cross Border Assessment Fee`
Visa International Service Fee.
Visa Cross Border Assessment Fee - Multi Currency
Visa Cross Border Assessment Fee - Single Currency (Before October 19 2013)
Visa Cross Border Assessment Fee - Single Currency (Effective October 19 2013)
Non - Qualified Transaction Processing Fee
.................................... ............................... .
Non - Qualified Interchange" Yes
........................................................... .................. .. ...... ..... .
Target Qualification Level - MasterCard Domestic Consurer Electronic Rate
Target Qualification Level - Visa Domestic Consumer Electronic Rate
'Fee assessed for cross. border transactions for non- Canadian Issued MasterCard, Cirrus, or Maestro credit or debit transactions acquired from Canadian merchants and submitted to
MasterCard.
The above credit discount rates are based on the assumption that all transactions will qualify at the Target Qualification Level set out above. For example, tromactons must meet certain
qualification criteria established by Visa and MasterCard for your Target Quallfioaflon Level In order to receive the Merchant Discount Rate. For each transaction not qualifying at tlo Target
Qualification Level, we will charge you both the Merchant Discount Ante and additional fees) calculated as described bob* under the heading `Additional Information About Your Fees'
Visa Debit Discount Rate On Gross Sales
Visa Debit Rate1 N/A
Visa Debit Standard Rate'"'°" NIA
Visa Debit Assessment Fee NM
— Applies to Visa Dabit transactions inserted or tapped at the point -of -sale
" Applies to Visa Debit transactions other than inserted or tapped transactions (including, without limitation, card - not - present or any premium dealt cards)
Interac Debit Discount Rate On Gross Sales
................................... ............................... NIA
..............................
Interac Online Discount Rate On Gross Sales N/A
Pass- Through of Payment Brand Fees (including, without limitation, credit interchange, assessments and
any other Payment Brand fees) jo
Discount Frequency: Monthly
Merchant Signature: X _. Date:
40481.18020130619145303
W
(Month / Day / Year)
7. Monthly Equipment Fees
Equipment Type Quantity
Per Unit
-- ..............................
...............................
N/A
--
N/A
--- — ..............................
N/A
........................... ...............................
...............................
N/A
-
NIA
N/A
N/A
ii Processing Fees:
Minimum Monthly Discount Fee (for each of Visa & MCA
.
10.00
.............................................................
Processing Fee (per chargeback) .................................................................
$10.01
Statement Fee Statement only
...............................
N/A
9. Others:
One time fee
Other monthly fee .................................................................
N/A
Terminal Set -up Fee (per terming! .................................................................
...............................
$25.00
On -site Equipment Installation Fee
...............................
N/A
.......................................
On -site Wireless Consultation Fee {per location) ........................................................
...............................
NIA
Interac Online / Acxsys Testing and Technical Support .............
...........................
N/A
ADDITIONAL INFORMATION ABOUT YOUR FEES
Interchange
A significant amount of the fees that we charge you for processing your credit card transactions represent charges that we must pay to the card issuing banks (or that are
otherwise charged to us by MasterCard and Visa) under MasterCard and Visa (the 'Payment Brands') rules, These charges are often referred to as 'Interchange fees' or simply
'Interchange'. Interchange fees are set by the Payment Brands based upon a series of Interchange levels that they establish and modify from time to time. Thus, the Interchange
fee charged for a given transaction depends on the Interchange level applicable to that transaction; and that Interchange level depends on a number of factors established by the
Payment Brands, such as the type of card presented, specific information contained In the transaction, how and when the transaction is processed, your Industry and other factors.
For a transaction to qualify at any specific Interchange level, the applicable qualification criteria must be met. Note that the Payment Brands may add new Interchange levels and
change the Interchange rates and qualification criteria for existing Interchange levels.
Merchant Discount Rate and Target Qualification Level
Every credit card transaction will be charged the Merchant Discount Rate. Paymentech has set your Merchant Discount Rate based on the assumption that your transactions will
satisfy the criterla established by the Payment Brand rules to most the Target Qualification Level set forth above. The Target Qualification Level is the Interchange level that we
expect to apply to your transactions. It Is determined based on the type of transactions you submit and how they will most likely be processed. However, it Is possible that some
of your transactions will be processed at a higher Interchange level, resulting in higher Interchange fees for your business. This may occur because those 'Non - Qualified
Transactions' do not meet the criteria to qualify at your Target Qualification Level. Such transactions are subject to fees in addition to the Merchant Discount Rate (see 'Non -
Qualified Transactions' below).
Non - Qualified Transactions
Non - Qualified Transactions will be downgraded by the Payment Brand, resulting in higher Interchange fees. For processing such Non - Qualified Transaction, we will charge you:
(a) the Merchant Discount Rate; (b) an additional fee (the 'the Non - Qualifying Amount') equal to the difference between the Interchange fee associated with your Target
Qualification Level and the Interchange fee for the Interchange level at which the Non - Qualified Transaction was actually processed; and to the extent applicable, depending on
the nature of your pricing with us or your program eligibility (c) a Non-Qualified Transaction Processing Fee (which is calculated as a percentage of the amount of the Non -
Qualified Transaction). The combined total of the Non - Qualifying Amount and the Non - Qualified Transaction Processing Fee will appear on your statement.
Merchant Signature: X Date:
4048118020130619145303 (Month / Day J Year)
19
5 , *'i) REPORT TO COMMON O ON COUNCIL
July 9, 2013
His Worship Mayor Mel Norton
and Members of Common Council
Your Worship and Councillors:
Re: Sponsorship — NB Business Hall of Fame
The City of Saint John has received a sponsorship request for the NB Business Hall of
Fame Gala. The gala will be held in Saint John on November 12th, 2013 at the Saint John
Trade & Convention Centre and the event will mark its' 17"' Anniversary! The City of
Saint John has been a Silver Sponsor of this Induction Ceremony in the past in the
amount of $5,000.00.
The NB Business Hall of Fame Gala rotates yearly between Saint John, Fredericton and
Moncton. Each city has been a Silver Sponsor when the event resides in their city.
Aldea Landry, Hans W. Klohn and Mike Wilson will join the ranks of this prestigious
group of business icons. There will be approximately 125 ad placements in all
newspapers throughout the province leading up to the November event where sponsor
logos will be featured.
Funding to support this request is available in the Unspecified Grant envelope
Recommendation
That Common Council approve a Silver Sponsorship in the amount of $5000 for the 17'h
Junior Achievement New Brunswick Business Hall of Fame 2013 Gala.
Respectfully submitted,
trick Woods CGA
Manager
20
a!
The Junior Achievement New Brunswick
Business Hall of Fame Gala is an annual
celebration of the accompl'.shments and
contributions of some of New Brunswick's
most'nilur3ntia'. hosiness leaders. Tc date
the event has raised more than $2 million
for Junior Achievement programs through-
out the province, inspiring and supporting
the next generation of New B, unswick
business titans.
Junior Achievement is an international
not - for - profit organization that brings
together business leaders, educators,
parents and the community to help prepare
youth for their future. Junior Achievement
of Canada remains the nation's largest
developer of business education
programs for students aged 8 to 19.
Junior Achievement New Brunswick
encompasses f.ve regions: JA Frcdericton,
JA Southeastern NB, JA Southwestern
NB, JA Northwestern NB, and JA Chaleur.
Restigouche and Miramichi.
Junior
Achievement
JUNIOR ACHIEVEMENT
• NEW BRUNSWICK
Blip 1'Y uS --iA -L O 7LM1 :
Junioi Achievement New Brunswick
Business Hall of Fame 2013 Gala
November 12, 2013
Saint John Trade and Convention Centre
Pre -event marketing Yecognition
• Lo3o representation on select grin: media
• Lo -,o represcm0on and link on Busincss Hall of F,..me evert
website
• Additioral mentions in event- rela,e6 social media including
Facebook
Customized email tools to promote your company's sponsorship of
evert (email signature, web button)
On -site recognition
• Invitations to VIP reception (4)
• Preferred seating at event (with purchase of table of 10)
• Logo representaJon on event materials
• Additional varuc, and loco recognition of sponsorship during evert
ceremonies
Post -event recognition
• Logo representation in post -event thank you ad
• Recognition in all post -event coverage
For information, contact Connie Woodside:
(506) 455 -6552 f:(506)454-5752 e:jafrednb@nb.aibn.com
21
' • �' .JUNIORF.CHIEVEMENx
4 • • NEW LRUNSWICK
�� .l HU.;IPIrS° HAL'_. OF F:3:E
F.11 111' �� ' �•
► T, I,'�
The Junior Achievement
New Brunswick Business
Hall of Fame is proud to
announce its 2013 laureates:
Aldea Landry, Hans W. Klohn
and Mike Wilson.
On Tuesday, November 1211 their accomplishments
and contributions will be honoured at the Saint John
Trade and Convention Centre.
Celebrate with nearly 800 of New Brunswick's
business leaders as our laureates join their
exceptional peers as members of a New Brunswick
institution 17 years in the making.
Tickets on sale now. Purchase yours today.
Visit www.janbhalloffame.ca
or call 506.455.6552.
0
A
r:
M
The Junior Hchievement New Brunswick
Business Hall of Fame Gala is an annual
celebration io support of Junior Achievement
of New Brunswick. To date the event has
raised more than $2 million for Junior
Achievement programs throughout the
province, inspiring and supporting the next
generation of New Brunswick business titans.
Junior Achievement is an international not -
for -profit organization that brings together
business leaders, educators, parents and the
community 'to help prepare youth for their
future. Junior Achievement of Canada remains
the nation's largest developer of business
education programs for students aged 8 to 19.
Hosted by: P
Prerentin$ partner: H
22
Sweep-takes spansore:
QAMAWATERWAYS-
Fundy Region Solid Waste is requesting a stakeholder group be formed to review the waste diversion
programs. In 2015, both recycling and composting will require a re- investment of funds to continue the
programs in their current existence. We know the public is demanding curbside recycling, but it comes
at a high cost. The stakeholder group will be asked to review a number of different options for handling
garbage, compost and recycling for the region. This presentation to council will cover why the review
needs to take place, the state of current programs and some options for the future.
23
Fundy Region
Solid Waste
Finding a better way.
Diversion Programs
• Recycling &Compost require large
investment by 2015
—Blue bin recycling depots need replacing
— Compost building needs replacement
—Total --$9M investment to continue programs
in current form
25
Review Diversion Programs
• Crane Mountain life expectancy: 2025 extended
to 2048
• Next 15 years —will determine closing date
W
tonnes
10, 000
9,000
8,000
7, 000
6, 000
5, 000
4,000
31000
21000
17000
Recycling Compost
2008 2009 2010
27
2011 2012
Review Diversion Programs
• Public is demanding curbside recycling
• Cost!
• Current programs little improvement
• Review garbage, compost &recycling as
an entire unit
• Look at variety of options /models
MI
Option: Partial Pay as You
Throw
• Fee for arbarin g
• Financial encouragement to recycle &
compost
• Will reduce garbage = savings
• Offset the cost
• Illegal dumping is NOT an issue
29
PAYT - Malden, Mass
• Residents pay $2 /bag
• Allowed 1 bulky item per week —no fee
➢Compliance rate: over 98%
➢Recycling rate up 74%
➢Solid waste tonnage: down 49%
➢$2.5 M in savings
30
Hampton
• Limit on garbage
implemented in 2012
• Black garbage cart
• No illegal dumping
31
1
OL
Proposal
• Regional stakeholder group to study
diversion
• Representatives from each municipality
• Look at variety of models to help pay for
system
• Regional program in scope
• Timeline: decision by June 2014
32
BY -LAW NUMBER C.P. 106 -4
A LAW TO AMEND THE
MUNICIPAL PLAN BY -LAW
ARRETE No C.P. 106 -4
ARRRTE MODIFIANT L'ARRETE
RELATIF AU PLAN MUNICIPAL
Be it enacted by The City of Saint Lors d'une r6union du conseil
John in Common Council convened, as communal, The City of Saint John a 6dict6
follows: ce qui suit :
The Municipal Plan By -law of The
City of Saint John enacted on the 30th day
of January, A.D. 2012 is amended by:
1 Amending Schedule A — City
Structure, by redesignating a parcel of land
with an area of approximately 11 hectares,
located at 220 Glen Road, also identified as
being PID No. 00420386 and a portion of
PID No. 00300855, from Rural Resource
Area (outside of the Primary Development
Area) to Stable Area (within the Primary
Development Area) classification;
2 Amending Schedule B — Future
Land Use, by redesignating the same parcel
of land from Rural Resource (outside of the
Primary Development Area) to Stable
Residential (within the Primary
Development Area) classification
- all as shown on the plans attached hereto
and forming part of this by -law.
IN WITNESS WHEREOF The City of
Saint John has caused the Corporate
Common Seal of the said City to be affixed
to this by -law the * day of *, A.D. 2013
and signed by:
Mayor
L'arret6 concernant le plan
municipal de The City of Saint John
d6cr&6 le 30 janvier 2012 est modifi6 par :
la modification de 1'annexe A —
Structure de la municipalit&, afin de faire
passer la d6signation d'une parcelle de
terrain dune superficie d'environ 11
hectares, situ6e au 220, chemin Glen, et
portant le NID 00420386, et 6tant aussi une
partie du NID 00300855, de secteur de
ressources rurale (hors du principal
secteur de developpement) a secteur stable
(dans le principal secteur de
developpement) ;
2 la modification de 1'annexe B —
Utilisation future des sols, afin de faire
passer la d6signation de la parcelle de
terrain pr6cit6e de secteur de ressources
rurale (hors du principal secteur de
developpement) a secteur residentiel stable
(dans le principal secteur de
developpement);
- toutes les modifications sont indiqu6es sur
les plans ci joints et font partie du pr6sent
arr&&
EN FOI DE QUOI, The City of Saint John
a fait apposer son sceau communal sur le
pr6sent arret6 le 2013, avec les
signatures suivantes :
Common Clerk/Greffier communal
First Reading - July 2, 2013 Premiere lecture
Second Reading - July 2, 2013 Deuxi6me lecture
Third Reading - Troisi6me lecture
33
- le 2 juillet 2013
- le 2 juillet 2013
PLANNING AND DEVELOPMENT/ URBANISME ET DEVELOPPEMENT
❑ ❑❑EE ZI ❑ ❑td❑❑❑❑❑ El El ❑❑❑cd❑❑❑dcL ❑❑❑cdZI ❑ ❑❑❑❑ El El ❑❑❑
Amending Schedule A
Modifiant annexe A
O�
00
00
00
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0
❑�0 �O
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1111❑❑dcd❑ ❑ ❑dL
Rural Resource Area Stable Area
(outside of the Primary Development Area) / (within the Primary Development Area) /
Secteur de ressources rurales Secteur stable
(hors du principal secteur de developpement) (dans le principal secteur de developpement)
11 11❑ =❑ ❑d Hughes Surveys & Consultants Inc. on behalf of 632504 New Brunswick Limited
1111❑❑ =E' 220 chemin Glen Road
❑[IT]ruac[IT] o Portion of /de 00300855 & 00420836
❑ Ell] ❑ III❑ ELI❑ td ❑cA.fU1 aril ❑ ❑III] ❑❑❑cd ❑Cdt❑cLalUjlu June 18 juin, 2013.
❑ ❑ ❑ ❑EII]❑cd❑cd ❑ IX] ❑®i❑ ❑ ❑ELI❑ ❑❑ L11A ❑cd ❑❑❑❑mod
❑ =❑d❑cd 1111 101EHIcd =❑V7❑ELI❑101EHIcU
❑ ❑t ❑❑❑ dtpE =M*
❑ EL1❑ ❑d7 ❑ 1 E11❑❑dL❑17 David Couture 34 11 ❑ELtL ELI❑ ❑v0 ❑ELEcL7 ELI❑❑f' July 8 juiIIet, 2013.
PLANNING AND DEVELOPMENT/ URBANISME ET DEVELOPPEMENT
❑ ❑❑EE ZI ❑❑cd❑❑❑❑❑ El El ❑❑❑cd❑❑❑dcL ❑❑❑cdZI ❑ ❑❑❑❑ El El ❑❑❑
Amending Schedule B
Modifiant annexe B
O�
00
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00
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0
❑�0 �O
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1111❑❑dcd❑ ❑ ❑dL
Rural Resource Stable Residential
(outside of the Primary Development Area) / (within the Primary Development Area) /
Secteur de ressources rurale Secteur residentiel stable
(hors du principal secteur de developpement) (dans le principal secteur de developpement)
11 11❑ =❑ ❑d Hughes Surveys & Consultants Inc. on behalf of 632504 New Brunswick Limited
1111❑❑ =E' 220 chemin Glen Road
❑[IT]ruac[IT] o Portion of /de 00300855 & 00420836
❑ Ell] ❑ III❑ ELI❑ td ❑cA.fU1 aril ❑ ❑III] ❑❑❑cd ❑Cdt❑cLalUjlu June 18 juin, 2013.
❑ ❑ ❑ ❑EII]❑cd❑cd ❑ IX] ❑®i❑ ❑ ❑ELI❑ ❑❑ L11A ❑cd ❑❑❑❑mod
❑ =❑d❑cd 1111 101EHIcd =❑V7 11 ELI❑101EHIcU
❑ ❑t ❑❑❑ dtpE =M*
❑ EL1❑ ❑d7 ❑ 1 E11❑❑dL❑17 David Couture 35 ❑ ❑ELtL ELI❑ ❑v❑ ❑ELEcb ELI❑❑f' July 8 juillet, 2013.
BY -LAW NUMBER C.P. 110 -216
A LAW TO AMEND
THE ZONING BY -LAW
OF THE CITY OF SAINT JOHN
Be it enacted by The City of Saint
John in Common Council convened, as
follows:
The Zoning By -law of The City of
Saint John enacted on the nineteenth day of
December, A.D. 2005, is amended by:
1 Amending Schedule "A ", the
Zoning Map of The City of Saint John, by
re- zoning a parcel of land having an area of
approximately 780 square metres, located
at 221 Loch Lomond Road, also identified
as being RID No. 00319129, from "R -2"
One and Two Family Residential to `B -1"
Local Business
- all as shown on the plan attached hereto
and forming part of this by -law.
IN WITNESS WHEREOF The City of
Saint John has caused the Corporate
Common Seal of the said City to be affixed
to this by -law the * day of *, A.D. 2013
and signed by:
Mayor/Maire
ARRETE No C.P. 110 -216
ARRETE MODIFIANT L'ARRETE
SUR LE ZONAGE DE THE CITY OF
SAINT JOHN
Lors dune reunion du conseil
communal, The City of Saint John a
d6cr&6 ce qui suit :
L'arr&6 sur le zonage de The City
of Saint John, d6cr&6 le dix -neuf (19)
d6cembre 2005, est modifi6 par:
1 La modification de 1'annexe « A» ,
Plan de zonage de The City of Saint John,
permettant de modifier la d6signation pour
une parcelle de terrain d'une superficie
d'environ 780 metres carr6s, situ6e au 221,
chemin Loch Lomond, et portant le NID
00319129, de zone r6sidentielle —
habitations unifamiliales et bifamiliales
R -2 » a zone commerciale locale o B -1 »
- toutes les modifications sont indiqu&es sur
le plan ci joint et font partie du pr6sent
arret6.
EN FOI DE QUOI, The City of Saint John
a fait apposer son sceau communal sur le
pr6sent arr&6 le 2013,
avec les signatures suivantes :
Common Clerk/Greffier communal
First Reading - July 2, 2013 Premiere lecture
Second Reading - July 2, 2013 Deuxi6me lecture
Third Reading - Troisi6me lecture
36
- le 2 juillet 2013
- le 2 juillet 2013
❑❑❑❑ ❑❑\4d \L ❑❑❑❑❑❑❑❑❑❑AL❑❑❑n ❑❑W
❑❑❑❑n ❑ ❑AL ❑AL❑❑❑❑❑❑❑❑❑❑❑❑AL❑NL ❑V ❑❑LE ❑" Li - ❑
REZONING / REZONAGE
„ ❑ ❑❑❑ L\L=❑❑L�T AtV❑❑VL❑❑=N J ❑❑❑ \LAtLiN nALA7❑=Vi❑❑❑V
❑❑maV ❑❑❑❑L\V' ❑ LLAC mnLL\ �❑❑ ❑❑L❑VL❑❑V MLiVi❑niVi❑❑❑
M
CD
boo
cD
N
�
N
r*
ch. Loch Lomond Rd.
FROM / DE TO / A
R -2 B -1
❑ ❑❑V ❑❑V❑ ❑AM❑ nr ❑7M❑117mm ❑❑ETIV ❑7M❑CEi
m❑❑V❑7M❑117MMI ❑1❑m7M11E7❑TM❑ ��❑ m ❑❑�❑ ❑ ❑�[❑❑m�
❑ArTM❑ ��❑
Applicant: 11❑EEIFE111❑V ❑FEI❑m" ❑❑jv1❑❑1]❑A7 ❑7M❑M7❑ ❑
Location: ssr VTI❑❑ EIL❑M7❑❑ ❑❑❑Vt ❑❑❑
PID(s) /NIP(s): oot r zr sz
Considered by P.A.C. /considers par le C.C.U.: m❑❑Vy\Y❑❑j\�ort m
Enacted by Council /Approuve par le Conseil:
Filed in Registry Office /Enregistre le:
By -Law # /Arrete #
Drawn By /Creee Par: ❑ ❑ EV ❑❑ 71 37 Date Drawn /Carte Creee: L=1*\V =Nor t m
BY -LAW NUMBER C.P.106-
A LAW TO AMEND THE
MUNICIPAL PLAN BY -LAW
Be it enacted by The City of Saint
John in Common Council convened, as
follows:
The Municipal Plan By -law of The
City of Saint John enacted on the 30th day
of January, A.D. 2012 is amended by:
1 Amending Schedule A — City
Structure, by redesignating seven parcels of
land having a total area of approximately
4.5 hectares, located at 59 -119 Commerce
Drive, 1 -15 Consumers Drive and 130 -160
Mark Drive, also identified as being PID
Nos. 55149777, 55151336, 55151310,
00437772, 00000004, 55200448 and
55200430, from Stable Area to Regional
Retail Centre classification;
2 Amending Schedule B —, Future
Land Use, by redesignating the same
parcesl of land from Stable Residential to
Regional Retail Centre classification
- all as shown on the plans attached hereto
and forming part of this by -law.
IN WITNESS WHEREOF The City of
Saint John has caused the Corporate
Common Seal of the said City to be affixed
to this by -law the * day of *, A.D. 2013
and signed by:
Mayor
ARRETE No C.P. 106 -
ARRETE MODIFIANT L'ARRETE
R.ELATIF AU PLAN MUNICIPAL
Lors d'une reunion du conseil
communal, The City of Saint John a edicte
ce qui suit :
L'arrete concernant le plan
municipal de The City of Saint John
decr6te le 30 janvier 2012 est modifie par :
1 ]a modification de ]'annexe A —
Structure de la municipalite, afin de faire
passer ]a designation de sept parcelles de
terrain d'une superficie totalc d'environ 4,5
hectares, situee au 59 -119, promenade
Commerce, 1 -15, promenade Consumers et
130 -160, promenade Mark, et portant les
NID 55149777, 55151336, 55151310,
00437772, 00000004, 55200448 et
55200430, de secteur stable a centre
regional de commerce de detail;
2 la modification de ]'annexe B —
Utilisation future des sols, afin de faire
passer la designation des parcelles de
terrain precitees de secteur risidentiel
stable a centre regional de commerce de
detail;
- toutes les modifications sont indiqudes sur
les plans ci joints et font partie du present
arrete.
EN FOI DE QUOI, The City of Saint John
a fait apposer son sccau communal sur le
present arrete le 2013, avec les
signatures suivantes :
Common Clerk/Greffier communal
First Reading -
Premiere lecture
Second Reading
Deuxiemc lecture
Third Reading
Troisieme lecture
BN1
Advertiser Name: Saint John Common Clerk
Advertiser Code: S71206
Size: 4,00 x 14.50 in.
Sales Rep: Doug Thomson
PROPOSED MUNICIPAL PLAN
AMENDMENT
RE: 59.119 COMMERCE DRIK
1 -15 CONSUMERS DRIVEANA
130 -160 MARK DRNE
Public Notice is hereby given
that the Common Council of
The City of Saint John intends to
consider an amendment to the
Municipal Development Plan
which would:
1. Redesignate, on Schedule
A of the Plan, seven parcels
of land having a total area of
approximately 4.5 hectares,
located' t 59 -119 Commerce
Drive, 1 -15 Consumers
Drive and 130 -160 Mark
Drive, also identified as PID
Nos. 55149777, 55151336,
55151310, 00437772,
00000004, 55200448 and
55200430, from Stable Area
to Regional Retail Centre, as
illustrated below;
2. Redesignate, on Schedule B
of the Man, the same parcels of
land, from Stable Residential
to Regional Retail Centre.
A public
presentation
of the
proposed
amendment
will take place
at a regular
meeting of
Common
Council on
Monday,
Lucy 1S,
2ot3- m
an e
Council Chamber, Lobby Level,
City Hall.
REASON FOR CHANGE:
To correct a mapping error
on Schedules A and B of the
Municipal Plan.
written objections to the
proposed amendment may
be made to the Council, in
ore of the undersigned, by
August 14, 2013. Enquiries
may be made at the office of
the Common Clerk or Planning
and Development, City Hall, 15
Market Square, Saint John, N.B.
between the hours of 8:30 a.m.
and 4:30 p.m., Monday through
Friday, indusive, holidays
excepted.
If you require French services for
a Common Council meeting,
please contact the office of the
Common Clerk.
Jonathan Taylor,
Common Clerk
648 -3703
PROJIET DE MODIFICATION DU
PLAN MUNICIPAL
OBJET:59 -119, PROMENADE
COMMERCE, 1 -15,
PROMENADE CONSUMERS ET
130 -160, PROMENADE MARK
Par les presentes, un avis
public est donne par lequel
le conseil communal de The
Cittyy of Saint John a ]'intention
d'etudier la modification du
plan d'amenagement municipal
comme suit:
1. Modifier la designation, 5
I'annexe A du plan, de Sept
parcelles de terrain dune
superficie totale d'environ 4,5
hectares, situees au 59.119,
promenade Commerce, 1 -15,
promenade Consumers et
130 -160, promenade Mark,
et portant les NID 55149777,
55351336,55151310,
00437772, 00000004,
55200448 et 55200430, afro
de les faire passer de secteur
stable a centre regional de
commerce de detail, comme
it est indique ci -dessous.
2. Modifier la
designation,
5 I'annexe B
du plan, des
parcelles de
terrain precitees,
afin de les
faire passer
de secteur
residentlel
stable 5 centre
reglonal de
commerce de
detail.
Line presentation publique du
Projel de modification aura
eu Ion de ca reunion ordinaire
du conseil communal le lundl
15 Julllet 2013 dans la salle
du Conseil, au niveau du hall
d'entree, 5 MOW de ville.
RAISON DE LA
MODIFICATION:
Cordger une erreur de
carto raphie clans les annexes A
et B du plan municipal.
Veuillez faire Part au Conseil par
ecdt de vos objections au projet
de modification au plus tard le
14 soft 2013 3 I'attention du
soussigne. Pour toute demande
de renseignements, veuillez
communiquer avec le bureau
du greffier communal ou le
bureau de t'urbanisme et du
developpement a I'h6tel de ville
au 15, Market Square, Saint
John, N.-B., entre 8 h 30 et 16 h
30 du lundi au vendredi, sauf les
jour ferias.
51 vous avez besoin des services
en franpis pour one reunion
de Conseil Communal, veuillez
contacter le bureau du greffier
communal.
Jonathan Taylor,
greffier communal
648 -3703
Ad Number: A80585
Ad ID: 6532818
Current Date: Jun 21 2013 1
Start Date: 7/2/2013
End Date: 7/2/2013
Color: B/W
Client Approval
W
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Ir
(aussi disponible en frangais)
a JUG! 1162013
Type of Application
Municipal Plan Amendment
❑
Subdivision ��
milar 1 Compatible Use
El Zoning By -law Amendment
El
Variance SA
Temporary Use
❑ Amendment to Section 39 Conditions
❑
Conditional Use ❑
Change 1 Re- establishment of
❑ Zoning Confirmation Letter
❑
Letter for Liquor Licensing
Non - Conforming Use
Contact Information
Name of Applicant "A R WY I N G
Mailing Address of Applicant (with Postal Code) 50 H Qj H V 1 E tig M he
Home Telephone Number
Fax Number -- q 4
Work Telephone Number (0'-i 7 0 2 0
E -mail V t d td f 1 as , Co rn
J J
Name of Property Owner (if different from applicant) ('. i' i Y ()F SA I fA T- ( J C) ON
Mailing Address (with Postal Code) �, 0� �{ 7 i ._S r i I ��(� H h( , E 2 L 40
Property Information
Location ?q G00mo -i�CE DAIUi5 SS/ /331`d
Civic # Street PID
Existing Use of Property \1,&C &t, 4 -r LID Proposed Use of Property J�,L'tZ (p_C iPENEL A (%lt} f
15', ^A-LCZ ?,ECt[aNAL
Existing Plan Designation of Property RL-5 t Q Eld i I AL_ Proposed Plan Designation of Property gEErt } I L CElu9 , r~
Existing Zoning of Property Xige it, 1311 S I KJES S PAS Proposed Zoning of Property L' G( ��
Description of Application
Describe what you propose to do (attach additional pages if necessary).
SUdJccr SiTE , M:Tffo t-TH PART OF "T*f �`C€ MoA E P&2<' B usti�s
R�K DFlt�pM�U�+ ' IJ�tI�J�1�MkITL.Y MNPPCn �� S°fu� f� �S ic{ tCt �
v�1 � �LAt -J S .5 wA S ADOPT-Ii-:0
NOTE: If the applicant is NOT the owner, the Owner's signature or authorization (in writing) to submit this application is
required.
t
Signature of Applicant Signature of Owner L + G - d . J UM IY W,20(3
Date J uAO:E 1 ' _w t 3 Date
For Office Use Only
Reviewed by Date
Development Officer
Information Accompanying Application:
❑ Letter of Intent ❑ Tentative Subdivision Plan ❑ Floor Plans
❑ Site Plan ❑ Building Elevations ❑ Sign Drawings
❑ Fee ❑ Other
cam
P.O. Box 1971 Saint John, NB Canada E21. 41.1 www.saintjohn.ca C.P. 1971 Saint John. N. -B. Canada E2L 41_1
SAINT JOHN
41
SUBJECT SITE: 99 Commerce Drive
Printed: 06/18/13 10:15:22 AM
42
BY -LAW NUMBER C.P. 110 -215 ARRETE No C.P. 110 —215
A LAW TO AMEND ARRETE MODIFIANT L'ARRETE DE
THE ZONING BY -LAW ZONAGE DE THE CITY OF SAINT
OF THE CITY OF SAINT JOHN JOHN
Be it enacted by The City of Saint
John in Common Council convened, as
follows:
The Zoning By -law of The City of
Saint John enacted on the nineteenth day of
December, A.D. 2005, is amended by
adding the following as subsection
810(14):
The City of Saint John, reunie en
conseil communal, edicte :
L'Arrete de zonage de The City of
Saint John, edicte le dix -neuf decembre
2005, est modifie par l'ajout du
paragraphe 810(14) suivant :
(14) Keeping of Chickens as a (14) Elevage de poules a titre d'usage
Secondary Use secondaire
Notwithstanding any other provision of
the Zoning By -law, the keeping of
chickens, as a secondary use to a
residence, shall be permitted in the
"RF ", "RFM ", and all "R" zones
except for "RM" and "MH" zones,
subject to the following conditions:
(a) General Provisions
(i) The number of chickens shall
be limited to a minimum of
two and a maximum of six.
(ii) All chickens must be kept in a
chicken "coop" that contains
an attached outdoor enclosed
area ( "chicken run ").
(iii) A chicken coop shall be
considered as an accessory
building and subject to the
requirements set out in
subsection 830(1).
(iv) A Change of Use permit from
the City's Growth and
Development Services
department shall be required
prior to establishing a chicken
coop on a property.
(v) Notwithstanding the setback
requirements for accessory
buildings in subsection 830(1)
of the City's Zoning By -law,
chicken coops shall be subject
to a minimum side and rear
yard setback of 3 metres, and
shall have a minimum
separation distance of 7.5
metres from any existing
dwelling on an adjacent
property.
(vi) The owner of the chickens
must reside on the parcel
where the chickens are to be
43
Malgre toute autre disposition du
present arrete, 1'e1evage de poules a
titre d'usage secondaire se rapportant a
une residence est permis dans les
zones « RF » et « RFM » et dans toutes
les zones << R)), sauf dans les
zones « RM » et « MH », sous reserve
des conditions suivantes
a) Dispositions generales
(i)
Un minimum de deux poules
et un maximum de six poules
sont permises.
(ii)
Les poules doivent etre
gardees dans un poulailler
assorti d'un enclos exterieur
attenant (<< basse -cour )) ).
(iii)
Un poulailler est repute etre
un batiment accessoire et est
assujetti aux conditions
enoncees au
paragraphe 830(1).
(iv)
Avant d' amenager un
poulailler sur une propriete, it
faut obtenir un permis de
changement d'usage du
service Evolution et
croissance de The City of
Saint John.
(v)
Malgre les exigences relatives
A la marge de retrait des
batiments accessoires prevue
au paragraphe 830(1) du
present arrete, les poulaillers
sont assujettis a des marges de
retrait laterales et arriere
minimales de 3 metres et
doivent etre situes a une
distance minimale de
7,5 metres de toute habitation
existante sur une propriete
attenante.
(vi)
Le proprietaire des poules doit
habiter sur la parcelle o%u les
kept.
(vii) The keeping of male
chickens (roosters) is not
permitted.
(viii) The owner shall keep
chickens for personal use only,
and not sell eggs, manure,
meat, or other products derived
from chickens.
(b) Chicken Coop Structure
(i) The chicken coop must have a
minimum of 0.37 square
metres of coop floor area per
chicken, and at least 0.92
square metres of roofed
chicken run area per chicken.
(ii) A chicken coop shall be
enclosed on all sides and shall
have a roof and door(s).
Access doors must be able to
be shut and locked at night.
Opening windows and vents
must be covered with predator -
and bird - resistant wire of less
than 2.5 centimetre openings.
(iii) The owner shall provide and
maintain in each coop at least
one perch that provides at least
15 centimetres of space per
chicken, and one nest box per
chicken.
(iv) All chicken coops must be
located only in the rear yard
and must fully enclose the
chickens to prevent them from
escaping.
(v) The chicken coop must have a
minimum 30 metre setback
from any existing wells (drilled
or dug).
(c) Sanitary Conditions
(i) The owner shall store manure
within a fully enclosed
structure, and store no more
than 0.1 cubic metres of
manure at a time.
(ii) All stored food for the
domesticated chickens must be
kept either indoors or in a
weather - resistant container
designed to prevent access by
animals.
(iii) The owner shall consult with
the New Brunswick
44
poules sont gard&es.
(vii) Il est defendu d'elever des
coqs.
(viii)
Le proprietaire garde des
poules pour son usage
personnel et ne peut vendre
des oeufs, du furrier, de la
viande ou tout autre produit
provenant de 1'&levage de
poules.
b) Construction du poulailler
(i)
Le poulailler doit avoir une
aire de plancher minimale de
0,37 metre carr& par poule et
etre assorti d'un enclos
couvert d'une superficie
minimale de 0,92 metre carr&
par poule.
(ii)
Le poulailler doit etre clos de
tous les cotes et comporter un
toit et au moins une porte. Les
portes d'acces doivent
pouvoir etre fermees et
verrouill&es pendant la nuit.
Les fenetres ouvrantes et les
events doivent etre recouverts
de grillage a mailles de moins
de 2,5 centimetres, resistant
aux predateurs et aux oiseaux.
(iii)
Le proprietaire est tenu de
fournir et de laisser dans
chaque poulailler au moins un
perchoir dormant au moins
15 centimetres d'espace par
poule, ainsi qu'un pondoir par
poule.
(iv)
Le poulailler doit We situ&
dans la cour arri&re et doit
completement enclore les
poules pour les empecher de
s'&chapper.
(v)
Le poulailler doit avoir une
marge de retrait minimale de
30 metres de tout puits
existant (for& ou creuse).
c) Conditions d'hygiene
(i) Le proprietaire garde 1e
furrier dans une structure
completement fermee et ne
peut garder plus de 0,1 metre
cube de furrier a la fois.
(ii) Les aliments pour les poules
domestiques doivent etre
conserves soit a 1'interieur
soit dans un contenant
resistant aux intemperies
conqu pour en empecher
1'acces par les animaux.
(iii) Le proprietaire consulte le
Department of Health before
having a chicken slaughtered
or euthanized.
(iv) The owner shall dispose of a
chicken by delivering it to an (iv)
abattoir, veterinary clinc or
other facility that has the
ability to dispose of chickens
lawfully.
(v) No live poultry shall at any (v)
time be kept in a cellar or any
part of any dwelling or any
building used for continuous
daily human occupation.
IN WITNESS WHEREOF The City of
Saint John has caused the Corporate
Common Seal of the said City to be affixed
to this by -law the * day of *, A.D. 2013
and signed by:
Mayor /Maire
minist &re de la Sante du
Nouveau - Brunswick avant de
faire abattre ou euthanasier
une poule.
Le propri&taire se d&barrasse
d'une poule en la remettant a
une installation, notamment
un abattoir ou une clinique
vet&rinaire, qui est equip&
pour &liminer des poules
16galement.
Il est interdit de garder une
poule vivante dans une cave
ou dans toute partie d'une
habitation ou d'un batiment
utilise a des fins d'habitation
humaine quotidienne
continue.
EN FOI DE QUOI, The City of Saint John
a fait apposer son sceau communal sur le
present arrete le 2013,
avec les signatures suivantes
Common Clerk/Greffier communal
First Reading - June 3, 2013 Premiere lecture - le 3 juin 2013
Second Reading - June 3, 2013 Deuxi &me lecture - le 3 juin 2013
Third Reading - Troisi &me lecture -
45
� , n
TLC City of Saint John
July 5, 2013
Mayor Mel Norton and
Members of Common Council
Your Worship and Councillors:
Subject: Placing or Dumping of Fill
Background:
The dumping of fill on properties is a common practice and in some instances can result in
damage on abutting lands. Erosion of abutting lands has been reported as a result of change of
landscape due to the placing or dumping of fill. Furthermore, property owners may experience
soil erosion as a result of existing land grade being changed from the placing or dumping of fill
on an adjacent property.
Furthermore, property owners who place or dump fill on their properties may make use of fill
that is the remnants of demolition projects and as a result work of this nature continues for
lengthy periods of time leaving neighbouring properties with aesthetically unpleasant piles of
concrete, rebar and additional miscellaneous demolition debris.
Motion:
Direct the City Manager to report on potential controls respecting the placing or dumping of fill
within the City of Saint John.
Respectfully Submitted,
Greg Norton
Councillor (Ward
City of Saint John
(received via email)
Gerry Lowe
1) Councillor (Ward 3)
City of Saint John
PO.6o.N' 1971 Saint Jahn, NO Char* -0a L2t = 146 wwvvsdIr't : hn.C.J I i:.P '99 i - VA41c4n, N. -I Camla €2L4UI
July 4, 2013
His Worship Mel Norton and
Members of Common Council
Your Worship and Councillors:
Subject: Ambulance NB
Background:
During the presentation by a hired consultant on benchmarking results for emergency services,
in particular Fire, we heard statistics that suggest in many instances Fire are the first on scene at
Medical Assistance calls. Following that presentation I had some questions that I thought
should be directed to Ambulance New Brunswick for information, however, I did not put the
request forward as a formal motion. I wish to rectify that oversight so that a formal request for
information can be sent forward
Motion:
That the following information be requested of Ambulance New Brunswick:
- number of operational ambulances serving Saint John
- coverage by shift
- expected response times
- response times achieved in Saint John over the past 12 month period
- number of times support from either police or fire requested and the reason for that request
- number of times ambulance not first on scene, time difference and call type
- standby location of in service ambulances
Respectfully Submitted,
(Received via email)
Shelley Rinehart
Deputy Mayor
City of Saint John
�r
VU
SAINT JOHN
P.O. Box 1971 Saint John, NB Canada E2L 41-1 1 www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E21- 41-1
47
REPORT TO COMMON COUNCIL
M &C2013 -152
July 8, 2013
His Worship Mayor Mel Norton
and Members of Common Council
Your Worship and Members of Council:
The City of Saint john
SUBJECT: Engineering Services: Musquash and Golden Grove Road — Water Pumping
Station Upgrades
BACKGROUND
The approved 2013 Utility Fund Capital Program - Water Category includes funding to complete
a facility evaluation and preliminary design for the following two facilities:
1. Musquash Pumping Station
2. Golden Grove Road Pumping Station
A Request for Proposal (RFP) was advertised from May 28 to June 20, 2013 to engage an
Engineering firm to carry out the following services for the above noted facilities:
♦ Part A — Site Surveys, Preliminary Investigation and Data Collection
♦ Part B — Preliminary Design, Cost Estimates and Design Report
PURPOSE
The purpose of this report is to make a recommendation for consulting engineering services for
this project.
ANALYSIS
With comprehensive terms of reference document developed by staff, a public call for proposals
was made for consulting engineering services. The Request for Proposal (RFP) closed on June
20, 2013 with responses received from the following six consulting engineering companies:
EN
M &C2013 -152
July 8, 2013
Page 2
• AMEC Americas Limited, Moncton, NB
• CBCL Limited, Saint John, NB
• Crandall Engineering Ltd., Saint John, NB
• Dillon Consulting Limited, Saint John, NB
• GEMTEC Limited, Saint John, NB
• GENIVAR Inc., Saint John, NB
A Review Committee consisting of staff from Materials Management, Saint John Water, and
Transportation & Environment Services was formed to evaluate submissions.
Each member completed an independent review of the submissions and a joint discussion was
held to develop the final ranking of submissions. The Review Committee came to a conclusion
on their recommendation, which follows later in the report.
The evaluation process uses the expertise of a variety of staff from Purchasing, Engineering, and
Operations to ensure a thorough review of the various submissions. Care must be taken to ensure
that the necessary level of effort and expertise is being directed to the various tasks involved in
the work, while still ensuring that costs to be incurred are appropriate and controllable. It is for
these reasons that cost, although very important, cannot be the sole nor most critical deciding
factor in making the selection of a consulting engineering firm.
The Committee was tasked with the role of reviewing each submission against the proposal
evaluation criteria as defined in the proposal call document. These criteria consisted of the
following:
1. Quality and Completeness — Does the proposal address all of the needs raised? Is the
proposal presented in an organized and professional manner?
2. Consultant's Experience — Has the consultant demonstrated a level of expertise with the
requirements of this project?
3. Experience of Employees /Sub- consultants —Has the consultant demonstrated a level of
expertise for the employees of the company and sub consultants listed?
4. Methodology — Does the approach to the project outlined in the proposal address, in a
realistic sense, attainable goals and is it in keeping with the City's expectations for the
project?
5. Value Added — What additional information, technology, process or options has the
consultant included in his proposal? Is there value added to the consultant's response for
this additional information?
6. Cost — Cost will be a factor, however not the only factor to be considered. Is the price
quoted in line with the City's estimate for the work and has it allowed for each aspect of
the project to be adequately addressed?
wt
M &C2013 -152
July 8, 2013
Page 3
After careful, independent consideration of presentation, company experience, personnel and
technical proposal, the Review Committee met to analyze the findings of each member. After
completion of the "technical" evaluation, the financial proposals were opened and addressed.
These had been submitted in separate, sealed envelopes.
After due consideration, the Review Committee selected the submission of CBCL Limited as the
best proposal based on an overall rating of the evaluation criteria - presentation, company
experience, personnel, technical proposal and cost.
The submission from CBCL Limited met all of the requirements of the proposal call, in a manner
acceptable to the committee, with a cost - effective bid for the project.
CBCL's proposal scored the highest overall, offering the best overall solution for the City with a
comprehensive methodology and approach, a project schedule to meet project expectations and
highly experienced and qualified project team members.
FINANCIAL IMPLICATIONS
The proposed cost of work from CBCL Limited to provide engineering design services for this
project is $224,361.50 including HST. An amount of $350,000 is included in the 2013 Utility
Fund Capital Program for engineering design services for these projects.
INPUT FROM OTHER SOURCES:
Materials Management facilitated the RFP process to solicit proposals from Engineering
Consultants for the Musquash and Golden Grove Road — Water Pumping Station Upgrades
project.
The committee was tasked with the role of reviewing each submission against the proposal
evaluation criteria as defined in the proposal call document.
In accordance with the City's policies and procedures, separate assessments of the technical and
financial aspects of the submissions were undertaken by the evaluation committee members.
The above process is in accordance with the City's Procurement Policy and Materials
Management support the recommendation being put forth.
POLICY — ENGAGEMENT OF ENGINEERING CONSULTANTS
The costs incurred by the consultant will be paid in accordance with the terms of the Request For
Proposal at the rates submitted and accepted in the consultants proposal not to exceed the
50
M &C2013 -152
July 8, 2013
Page 4
Recommended Minimum Hourly Rates as contained in The Association of Consulting
Engineering Companies — New Brunswick fee guideline.
RECOMMENDATION
It is recommended that the proposal from CBCL Limited for engineering services for the
Musquash and Golden Grove Road — Water Pumping Station Upgrades project in the amount of
$224,361.50 including HST be accepted and that the Mayor and Common Clerk be authorized to
execute the appropriate documentation in that regard.
Respectfully submitted,
David Russell, P.Eng
Municipal Engineer
Wm. Edwards, P.E
Commissioner
Transportation & Environment
51
Brian Keenan, P.Eng.
Engineering Manager
J. Patrick Woods, CGA
City Manager
REPORT TO COMMON COUNCII-i
M &C- 2013 -144
July 5, 2013
His Worship Mayor Mel Norton and
Members of Common Council
Your Worship and Councillors:
SUBJECT: Update Regarding the Zoning Bylaw Review
BACKGROUND:
Following the adoption of the City's new Municipal Plan, PlanSJ, in January of
2012, Growth & Community Development Services has been drafting updated
standards for the Zoning Bylaw. These updates to the Zoning Bylaw are required
under the Community Planning Act, as the Zoning Bylaw must be in conformity
with a City's Municipal Plan in order to ensure the Plan is being implemented.
City of Saint john
The Zoning Bylaw update is also part of the implementation of the One -Stop-
Shop for Growth & Community Development Services, another initiative
supported by PlanSJ. This initiative is focused on advancing improvements to the
City's development processes and bylaws, to ensure clarity and predictability for
the development industry. Targeted engagement with industry and the community
to review the proposed changes to the Zoning Bylaw will take place this October.
Since the launch of the Zoning Bylaw review, two Community Open Houses have
been held, one in March of 2012 and one in September of 2012, to raise
awareness of this process and build an understanding of why the review is taking
place. Staff are now finalizing the proposed changes to the Zoning Bylaw and
preparing educational pieces to assist in explaining the changes to the industry
and the community this fall.
Over the course of the summer months, staff will organize and schedule the
targeted industry and public event(s). Following this, Common Council, the
Planning Advisory Committee, and the industry and community will be updated
of the finalized dates and events, and will be encouraged to attend.
52
M&C- 2013 -144
July 5, 2013
RECOMMENDATION:
That Common Council receive and file this report.
Respectfully submitted,
�1 n
. atrick Woods, CGA
Manager
SF
-2-
REPORT TO COMMON COUNCIL
M &C2013 -156
July 9, 2013 '
His Worship Mayor Mel Norton The City of saint Mm
and Members of Common Council
Your Worship and Members of Council:
SUBJECT: Transportation and Environment Services - Heavy Truck Replacement
BACKGROUND
Solid Waste Collection units (packers) are required to collect solid waste (refuse and compost)
five days each week. Side loading units are commonly used to maximize collection efficiency on
wider streets and enhancing safety of personnel by not having to continuously cross high traffic
and congested streets to collect from both sides of the street at the same time. Two (2) existing
packers are being replaced with this tender award.
The 43,000 gvwr plow /dump truck is utilized in the winter as a primary salter / sander unit with a
front plow whose sole focus is to apply salt and sand to streets and to make, in most cases, the
first pass into streets that are hilly such that the units with a plow and wing can be able to follow.
These units are utilized in the summer to haul asphalt, aggregate material and illegal dumping.
Two (2) existing 43,000 gvwr plow /dump trucks are being replaced with this tender award.
The 68,000 gvwr plow /dump truck is equipped with a front plow and wing used to push snow
back off of the street and haul snow from snow removal operations in the winter. This unit has a
combination dump body that can spread salt in the winter and haul aggregate only in the
summer. One (1) existing 68,000 gvwr plow /dump truck is being replaced with this tender
award.
The Line Painting truck is utilized for the annual Traffic Line Painting Program to maintain 350
KM of traffic lines including yellow centre lines, white vehicle lane and bike Iane lines.
INPUT FROM OTHER SOURCES — MATERIALS MANAGEMENT
Four (4) separate public tender /request for proposal (RFP) calls were issued as follows:
1) Tender no. 2013- 232009T for the supply of two (2) side - loading sanitation packers was
issued on May 29, 2013 and closed on June 19, 2013 with the following submissions
(excluding HST):
COMPANY NAME
TENDER PRICE PER
EXTENDED PRICE
VEHICLE
Shu -Pak Equipment Inc.
$229,309.00
$458,618.00
Saunders Equipment Ltd.
$231,145.00
$462,290.00
54
Heavy Truck Replacement
Report to Common Council, M & C 2013 -156
INPUT FROM OTHER SOURCES CONT'D...
July 9, 2013
Page 2
2) Tender no. 2013- 2320010T for the supply of two (2) 43,000 gvwr plow /dump trucks was
issued on May 31, 2013 and closed on June 19, 2013 with the following submissions
(excluding HST):
COMPANY NAME
TENDER PRICE
EXTENDED PRICE
$266,958.09
PER VEHICLE
$273,814.04
East Coast International Inc.
$209,740.84
$419,481.68
Applied Pressure Inc.
$215,462.40
$430,924.80
It should be noted that East Coast International Inc. had also submitted a separate tender
with an alternate dump body but that tender was rejected given substantial quality
problems historically experience by the City with that specific product. This decision
was made jointly by the Fleet Management, Materials Management and Transportation
and Environment Services departments.
3) Tender no. 2013- 232011T for the supply of one (1) 68,000 gvwr plow /dump truck was
issued on May 31, 2013 and closed on June 26, 2013 with the following submissions
(excluding HST):
COMPANY NAME
TENDER PRICE
East Coast International Inc.
$266,958.09
Lk2plied Pressure Inc.
$273,814.04
4) RFP no. 2013- 232001P for the supply of one (1) custom line painting truck (cab and
chassis with custom line painting equipment) was issued on May 2, 2013 and closed on
May 23, 2013 with a submission from the following firm:
Linetech Equipment Manufacturing Ltd. — St. Catherines, ON
A review committee, consisting of staff from Materials Management, Fleet Management
and Transportation and Environment Services was formed to evaluate the submission.
The committee was tasked with the role of reviewing the submission against the proposal
evaluation criteria as defined in the proposal call document. The Review Committee
concluded that the submission by Linetech Equipment Manufacturing Ltd. included
aspects and options which were beyond the essential requirements of the City of Saint
John. Staff from Transportation Services and Materials Management negotiated the
removal of these optional elements from the submission. The removal of these non-
essential elements reduced the overall cost of the equipment substantially. Staff are
satisfied that the revised submission of $262,860 represents good value to the City of
Saint John and therefore recommend this acquisition.
Staff of Materials Management, Fleet Management and Transportation and Environment
Services have reviewed each of the tenders and the proposal and have found them to be
complete and formal in every regard. Staff believes that the low tenderers and the sole-
55
Heavy Truck Replacement
Report to Common Council, M & C 2013 -156
July 9, 2013
Page 3
bidder (line painting truck) have the necessary resources and expertise to fulfill the
respective acquisitions, and recommend acceptance of their tenders and the sole proposal.
The above process is in accordance with the City's Procurement Policy and Materials
Management support the recommendations being put forth.
FINANCIAL IMPLICATIONS
If awarded as recommended, the cost to supply of two (2) side - loading sanitation packers will be
$458,618.00 plus HST, the supply of two (2) 43,000 gvwr plow /dump trucks will be $419,481.68
plus HST, the supply of one (1) 68,000 gvwr plow /dump truck will be $266,958.09 plus HST
and the supply of one (1) custom line painting truck will be $262,860.00 plus HST.
This is a planned expenditure for which funds are included in the 2013 Fleet Reserve Fund (as
previously approved at Common Council's Committee of the whole meeting on October 26,
2012 (s12.7)).
RECOMMENDATION
It is recommended that Common Council award the tender for the supply of;
1. Two (2) side - loading sanitation packers to Shu -Pak Equipment Inc. at a price of
$458,618.00 plus HST;
2. Two (2) 43,000 gvwr plow /dump trucks to East Coast International Inc. at a price of
$419,481.68 plus HST;
3. One (1) 68,000 gvwr plow /dump truck to East Coast International Inc. at a price of
$266,958.09 plus HST; and
4. One (1) custom line painting truck to Linetech Equipment Manufacturing Ltd. at a price
of $262,860 plus HST;
and further, that the Mayor and Common Clerk be authorized to execute any necessary contract
documents.
Respectfully submitted,
R. Kevin Rice B. Sc., CET
Deputy Commissioner
Transportation and Environment Services
Wm. Edwards, P. Eng.
Commissioner
Transportation and Environment Services
J atrick Woods, CGAL
Ci Manager
W.
REPORT TO COMMON COUNCIL
M &C 2013 -154
July 15, 2013
His Worship Mayor Norton
And Members of Common Council:
Your Worship and Councillors:
fin
The City of Saint john
SUBJECT: YMCA Grant Funding Proposal — Provision of Recreation Programs and
Services at the Forest Glen Community Centre
BACKGROUND:
The Forest Glen Community Centre (FGCC) is owned by the Province of New Brunswick,
Anglophone South School District. It was directly operated by the City of Saint John as a
Community Centre until the fall of 2006, at which time the City of Saint John entered into an
agreement with the YMCA to provide programs and services.
The YMCA currently has a direct agreement with Anglophone South School District to occupy
this facility for the purpose of providing child care services and recreational programs to the
community. The City of Saint John continues to provide funding in support of the YMCA's
programs and services at the Forest Glen Community Centre.
City staff have been working with the YMCA on the renewal of their agreement and is
recommending the attached service agreement for Common Council's approval (Appendix A).
ANAT,YSTS
City staff met with the YMCA to identify service gaps and requested a proposal be submitted
that include costs for enhancing programming levels to "fill the gaps" in 2012 program levels.
From these meetings, the YMCA revised their proposal to offer enhanced recreation youth
programs that are cost free.
The summary points of the terms of this service agreement are as follows;
1) The agreement shall be for a two year period (January 1, 2013 to December 31, 2014)
with an option to renew, subject to Common Council's approval, for an additional two
years.
2) The agreement will provide an annual increase in funding of 1.5 %.
3) The YMCA shall provide the program and services in a timely, competent manner.
57
4) The YMCA shall hire, train and supervise competent staff and volunteers to carry out the
program and services.
5) The YMCA shall conduct a survey to determine the needs of the community and will
modify programs and services as community needs change.
6) The YMCA shall provide the necessary insurance policy as per the City of Saint John
requirements and will provide the City with a certificate of insurance.
7) The YMCA will offer enhanced free based programming for youth in addition to the
existing fee based programming at the Community Centre.
8) As the Anglophone South School District and the YMCA have entered into a direct
agreement for occupancy and use of the Forest Glen Community Centre, city staff
recommends the proposed grant from the City to the YMCA will remain in force for the
term outlined unless the YMCA and School District direct agreement is terminated.
City staff will continue to work closely with the YMCA in program and service development to
meet the needs of this community. An annual review process with city staff and the YMCA will
occur to ensure the agreement obligations are met.
FINANCIAL IMPLICATIONS
The proposal from the YMCA outlines a level of service for 2013 at a cost of $88,367.00. The
2013 budget approved by Common Council will support the proposed agreement with the
YMCA.
The financial implications for the duration of the agreement are:
2013 - $88,367.00
2014 - $89,692.00
*2015 - $91,037.00
*2016 — $92,402.00
( *optional renewal period)
The above figures are based on a 1.5% annual increase in budget that will require Common
Council's approval for the annual budget process.
W
RECOMMENDATIONS
Staff recommends that the following resolution be adopted by Common Council in order to
approve the execution of the Service Agreement with the appropriate terms and conditions as
follows:
(a) To approve the submitted text of the Service Agreement between The City of
Saint John and the Saint John YM -YWCA Inc., to operate the Forest Glen
Community Centre in order to provide child care services and recreational
programs for a period of two (2) years ending December 31St, 2014, and the
option to renew the said agreement, subject to Common Council's approval, for
an additional two (2) years ending December 31St, 2016, the text of which
accompanies the City Manager and the Deputy Commissioner of Parks & Public
Spaces correspondence in this matter to Common Council, dated July 15, 2013;
and
(b) That the Mayor and Common Clerk be authorized to execute the Service
Agreement.
Respectfully submitted,
Kevin Watson, B.P.E.
Manager, Neighbourhood Improvement & Recreation Programming
Michael Hugenholtz, P. Eng.
Deputy Commissioner, Parks & Public Spaces
J. Patrick Woods, CGA
City Manager
59
THIS SERVICE AGREEMENT (the "Agreement ") made in triplicate this day
of July, 2013 (the "Execution Date ").
BETWEEN:
THE CITY OF SAINT JOHN, having its offices at the City
Hall Building at 15 Market Square, Saint John, New
Brunswick, a body corporate by Royal Charter,
confirmed and amended by Acts of the Legislative
Assembly of the Province of New Brunswick,
hereinafter called the "City"
OF THE FIRST PART
-and-
THE SAINT JOHN YM -YWCA INC., a corporation
incorporated under the laws of the Province of New
Brunswick, having its registered office in Saint John, and
Province of New Brunswick, hereinafter called the "YM-
YWCA"
OF THE SECOND PART
WHEREAS Her Majesty the Queen in Right of the Province of New Brunswick, as
represented by the Minister of Education and Early Childhood Development (the
"Minister "), is the owner of the Forest Hills School located at 15 Glengarry Drive, Saint
John, New Brunswick;
AND WHEREAS the Forest Glen Community Centre forms part of the Forest Hills School
located at 651 Westmorland Road, Saint John, New Brunswick;
AND WHEREAS the YM -YWCA has entered into an agreement with the Anglophone South
School District to occupy the Forest Glen Community Centre for the purposes of providing
child care services and recreational programs to the Saint John community, identified as
such in Schedule 1;
AND WHEREAS the Superintendent of the Anglophone South School District, Zoe Watson,
provided a letter dated April 3rd, 2013 to the City which supports the decision to assign the
operational rights for the Forest Glen Community Centre to the YM -YWCA, identified as
such in Schedule 2;
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AND WHEREAS the YM -YWCA submitted to the City a Proposal dated April 2nd, 2013 for
the provision of the Services at the Forest Glen Community Centre which proposal the City
has accepted;
AND WHEREAS the City desires to enter into this Agreement with the YM -YWCA in order
to operate the Forest Glen Community Centre to provide child care services and
recreational programs to the Saint John community for a period of two (2) years with the
option to renew this Agreement for an additional two (2) years;
AND WHEREAS Common Council on , 2013 resolved that:
(a) [• Enter Resolution]
NOW THEREFORE THIS AGREEMENT WITNESSES that in consideration of the mutual
covenants and agreements hereinafter contained and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties
covenant and agree as follows:
ARTICLE 1
INTERPRETATION AND GENERAL PROVISIONS
1.1 Defined Terms
When used in this Agreement, the following words or expressions have the
following meanings:
a) "Agreement" means this Agreement and all accompanying Schedules;
b) "Anglophone South School District" means the Anglophone school district
for the southern portion of New Brunswick, located at 490 Woodward
Avenue, Saint John, New Brunswick, E2K SN3;
C) "Annual Service Payments" means the annual service payments which the
City is required to pay the YM -YWCA in accordance with section 6.2; and
"Annual Service Payment" has a corresponding meaning;
d) "Applicable Laws" mean all applicable requirements, laws, statutes, codes,
acts, ordinances, orders, decrees, injunctions, by -laws, rules, regulations,
official plans, permits, licences, authorisations, directions, and agreements
with all Governmental Authorities that now or at any time hereafter may be
applicable to either this Agreement or the terms and conditions or any part
of them set out in this Agreement;
e) "Approved" or "Approval" or "Approve" or "Approvals" and similar
expressions means approval or consent in accordance with the procedures
set out in section 1.11 unless otherwise provided herein;
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f) "Business Day" means a day other than a Saturday, Sunday or statutory
holiday under the laws of Canada or the Province of New Brunswick or a civic
holiday proclaimed by the City; and "Business Days" shall have a
corresponding meaning;
g) "Centre" means the Forest Glen Community Centre located at 651
Westmorland Road, Saint John, New Brunswick, and forms part of Parcel
Identifier: 00308932;
h) "Change in Law" means the coming into effect or repeal (without re-
enactment or consolidation) in New Brunswick of any Applicable Laws, or
any amendment or variation of any Applicable Laws, including any judgment
of a relevant court of law, board, arbitrator or administrative tribunal, which
changes binding precedent in New Brunswick in each case after the date of
this Agreement;
i) "Change Request" means a written request prepared by either Party:
i) To revise, alter or modify the Services;
ii) To add new work, services or materials in addition to that provided
for in this Agreement; or
iii) To dispense with, delete, reduce or change the requirements and /or
scope or extent of all or any portion of the Services;
provided, however, that no Change Request shall be implemented unless and
until it has been Approved by the City and the YM -YWCA, each acting
reasonably;
"City" means The City of Saint John, New Brunswick;
k) "City Address" means 15 Market Square, City Hall, Saint John, New
Brunswick, E2L 4L1, Telephone: 506.658.2862, Fax: 506.674.4214;
1) "City Manager" means the city manager of the City appointed by resolution
of Common Council, or his designate;
m) "City Representative" means the city representative designated by the City
Manager or the Commissioner of Growth & Community Development
Services or the manager of Neighbourhood Improvement;
n) "Claims" means any actual or threatened loss, liability, cost, charge, interest,
claim, demand, allegation, action, cause of action, proceeding, suit,
assessment, reassessment, proposed assessment or reassessment, damage,
demand, expense, levy, tax, duty, judgment, award, fine, charge, deficiency,
penalty, court proceeding or hearing cost, amount paid in settlement,
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Encumbrance, and /or tangible and intangible property right (including all
costs and expenses relating to the foregoing, including legal and other
professional adviser and expert fees and expenses), and whether arising by
contract, at common or statute law, in tort (including negligence and strict
liability), in equity, in property or otherwise of any kind or character
howsoever, and howsoever arising; and "Claim" means any one of them;
o) "Commencement of Services" has the meaning ascribed thereto in section
4.1;
p) "Common Clerk" means the common clerk or the assistant common clerk of
the City or the designated person appointed by resolution by Common
Council;
q) "Common Council" means the elected officials of the City;
r) "Conflict of Interest" includes, but is not limited to, any situation or
circumstance where in relation to the performance of their contractual
obligations in this Agreement, the Parties other commitments, relationships
or financial interests:
i) Could or could be seen to exercise an improper influence over the
objective, unbiased and impartial exercise of a Party's independent
judgment; or
ii) Could or could be seen to compromise, impair or be incompatible with
the effective performance of a Party's contractual obligation;
S) "Contract Year" means the period from the Effective Date until the next
December 31, then the period from January 1 to December 31 of the
following year and each subsequent twelve (12) month period thereafter
until the Expiry Date. If the Expiry Date is not on December 31, then the
period of the last Contract Year will be reduced accordingly so that the last
Contract Year shall end on the Expiry Date; and "Contract Years" shall have
a corresponding meaning;
t) "Dispute" means any dispute, controversy, Claim, disagreement or failure to
agree arising out of, in connection with, or relating to the interpretation,
performance or application of the Agreement; and "Disputes" shall have a
corresponding meaning;
u) "Dispute Resolution" has the meaning ascribed thereto in the Dispute
Resolution Procedure;
V) "Dispute Resolution Procedure" means those dispute resolution
procedures ascribed thereto in Schedule 5;
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w) "Effective Date" has the meaning ascribed thereto in subsection 2.1.1;
X) "Employee" means a full -time, part -time, temporary employee and includes
a volunteer person hired by the YM -YWCA in order to provide the Services at
the Centre; and "Employees" shall have a corresponding meaning;
Y) "Encumbrance" means any mortgage, lien, pledge, judgment, execution,
charge, security interest, restriction, claim or encumbrance of any nature
whatsoever, including Claims;
Z) "Expiry Date - 2014" and "Expiry Date - 2016" have the meaning ascribed
thereto in subsection 2.1.3;
aa) "Force Majeure Event" or "Force Majeure" means the occurrence after the
Effective Date of any circumstance, occurrence or event beyond the
reasonable control of either Party to the extent such cannot be prevented or
mitigated by the affected Party, including, without limitation, any of the
following:
i) Civil war, armed conflict, warlike operation or terrorism, acts of
foreign enemies, hostilities, invasion, prisoners riots, rebellion,
military or usurped power;
ii) Nuclear or radioactive contamination of the Centre;
iii) Chemical or biological contamination of the Centre from any event
referred to in item (i) of this definition;
iv) Epidemics or pandemics in New Brunswick, if such epidemics or
pandemics have formally been declared to exist by the World Health
Organization or the Chief Medical Officer of Health of the Province,
which have a direct effect on the Services, or any other services
provided at the Centre; or
V) A Change in Law, which directly causes either Party to be unable to
comply with or perform all or a material part of its obligations under
this Agreement, despite the reasonable efforts of the Party claiming
Force Majeure to prevent its occurrence or mitigate its effects;
provided always that such circumstances, occurrence or event does
not arise by reason of:
A. the negligence or any misconduct of the Party claiming Force
Majeure;
B. any act or omission of the Party claiming Force Majeure in
breach of the provisions of this Agreement; or
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Page 1 -6-
C. the lack or insufficiency of funds or failure to make payment of
monies or provide required security;
bb) "Good Industry Practice" means the exercise by those Persons performing
the Services of that degree of skill, diligence, prudence, operating practice
and foresight which would reasonably and ordinarily be expected from a
Person seeking in good faith to comply with their contractual obligations
under the Agreement who is experienced in carrying out services, programs,
and works comparable in size, scope and complexity to the services and
programs within Canada;
cc) "Governmental Authority" means each national, federal, provincial,
municipal, local or other government, each governmental, regulatory,
administrative, judicial, quasi - judicial or other agency, body, department,
corporation, authority, commission, instrumentality, regulatory body, board,
panel, court, arbitrator or other entity and any successor thereto, exercising
executive, legislative, judicial, quasi - judicial, taxing, regulatory or
administrative powers or functions of or pertaining to government or
judiciary, and each private regulatory entity, self- regulatory organization or
other similar Person having jurisdiction or purporting to have jurisdiction (in
whole or in part), in Canada and in any other relevant jurisdiction, in respect
of the Parties, the Agreement, the Centre (including the operation thereof, or
any part, component or system thereof); and "Governmental Authorities"
has a corresponding meaning;
dd) "HST /GST" means the harmonized sales tax or the tax imposed under Part IX
of the Excise Tax Act or any other federal sales tax, consumption tax, excise
tax, value added tax, business transfer tax or other tax that can reasonably be
regarded as a substitute or replacement for the harmonized sales tax or the
tax imposed under the Excise Tax Act properly exigible in respect of the
Services to be provided by YM -YWCA to the City pursuant to this Agreement;
ee) "Named Insureds" means a Person that is insured by the policy for liabilities
that arise out of the operations and activities of that Person or from the
operations and activities of Persons for whom that named insureds are liable
or responsible;
ff) "Neighbourhood Improvement" means the neighbourhood improvement
support services of the City;
gg) "Notice of Change" has the meaning ascribed thereto in subsection 6.5.1;
hh) "Party" individually means the City or the YM -YWCA; and "Parties" means
the City and the YM -YWCA, respectively;
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ii) "Payment Schedule - 2014" has the meaning ascribed thereto in subsection
6.3.2;
jj) "Payment Schedule - 2015 & 2016" has the meaning ascribed thereto in
subsection 6.3.3;
kk) "Person" means any individual, corporation, firm, partnership, joint venture,
trust, unincorporated organization, commission, board, Governmental
Authority, unincorporated body of persons or association and any other
entity having legal capacity, and the heirs, beneficiaries, executors,
administrators or other legal representatives of a Person in such capacity;
and "Persons" means any one of them;
11) "Principal' means the person who has executive authority of the Forest Hills
School, includes his /her designate;
mm) "Programs" means the administration of any recreational, social or child
care programs based on the needs of the general public, including but not
limited to, after school programs, breakfast and lunch programs, day -care
and summer camps, and senior citizens fitness classes, community seniors
club, teen leadership programs, evening community gym activities, dance
instruction and special community rentals and includes the Recreation and
Program Services Specifications;
nn) "Proposal' means the proposal and all accompanying schedules submitted
by the YM -YWCA dated April 2, 2013, identified as such in Schedule 3;
oo) "Recreation and Program Services Specifications" has the meaning
ascribed thereto in Schedule 4;
pp) "Relevant Conviction" means a conviction under the Criminal Code
(Canada) for which no pardon has been granted;
qq) "Services" mean those services as set out in this Agreement and the Proposal
and any additional services agreed and Approved by the City and the YM-
YWCA, but for greater certainty, also include all Programs;
rr) "Schedules" means the following schedules attached to and forming an
integral part of this Agreement:
Schedule 1 - Letter from the Anglophone South School District dated
April 4, 2013 to the YM -YWCA;
Schedule 2 - Letter from Anglophone South School District dated April 3,
2013 to the City;
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Page 1 -8-
Schedule 3 - Proposal from YM -YWCA dated April 2, 2013;
Schedule 4 - Recreation and Program Services Specifications; and
Schedule 5 - Dispute Resolution Procedure;
ss) "Subcontractor" is a Person or entity, other than the City or the YM -YWCA,
having direct agreement with the City or the YM -YWCA, to perform any part
or parts under this Agreement on behalf of the City or the YM -YWCA; and
"Subcontractors" shall have a corresponding meaning;
tt) "Term" has the meaning ascribed thereto in section 2.1;
uu) "YM -YWCA Address" means 130 Broadview Avenue, Saint John, New
Brunswick, E21, 5C5, Telephone: 506.634.7720, Fax: 506.634.0783; and
vv) "YM -YWCA Representative" means the person designated by the YM-
YWCA.
1.2 No Indemnities from the City
1.2.1 Notwithstanding anything else in this Agreement, any express or implied reference
to the City providing an indemnity or incurring any other form of indebtedness or
contingent liability that would directly or indirectly increase the indebtedness or
contingent liabilities of the City, shall be void and of no legal effect.
1.3 Entire Agreement
1.3.1 This Agreement embodies the entire agreement between the Parties and supersedes
any prior understanding or agreement between the Parties relating to the subject
matter hereof and in existence at the date of execution of this Agreement.
1.3.2 The Parties agree that in entering into this Agreement they have not relied upon any
oral or written agreements, representations, warranties, promises, information, or
understandings, express or implied, not specifically set forth in this Agreement.
1.4 Severability
1.4.1 If any term or condition of this Agreement, or the application thereof to the Parties
or to any Persons or circumstances, is to any extent invalid or unenforceable, the
remainder of this Agreement, and the application of such term or condition to the
Parties, Persons or circumstances other than those to which it is held invalid or
unenforceable, shall not be affected thereby.
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1.5 Priority of Documents
1.5.1 In the event of a conflict or inconsistency between any provisions in this Agreement
and the Schedules, the main body of this Agreement shall govern over the Schedules.
1.6 Conflict with Laws
1.6.1 For greater certainty, in the event of a conflict or inconsistency between any
provisions of this Agreement and any Applicable Laws, the Applicable Laws shall
govern and prevail to the extent of such conflict or inconsistency.
1.7 Headings and Grammatical Variations
1.7.1 The division of this Agreement into articles, sections, subsections and paragraphs
and the insertion of headings are for convenience of reference only, and shall not
affect the construction or interpretation of this Agreement.
1.7.2 In this Agreement, grammatical variations of any defined terms shall, unless the
context otherwise requires, have similar meanings to such defined terms, words
denoting the singular include the plural and vice versa, and words denoting any
gender include all genders.
1.8 Notices
1.8.1 Notices shall be in writing and shall be delivered by courier, personal delivery or
facsimile and shall be addressed to, in the case of service upon the YM -YWCA, the
YM -YWCA Address to the attention of the YM -YWCA Representative or, in the case
of service upon the City, to the City Address to the attention of the Common Clerk.
1.8.2 Notices shall be deemed to have been given in the case of courier, personal delivery
or facsimile, one (1) calendar day after such notice is received by the other Party. In
the event of a courier disruption, notices must be given by personal delivery or by
facsimile. Unless the Parties expressly agree in writing to additional methods of
notice, notices may only be provided by the methods contemplated in this
subsection.
1.9 Governing Law
1.9.1 This Agreement shall be governed by and construed in accordance with the laws of
the Province of New Brunswick and the federal laws of Canada applicable therein.
1.10 Modifications and Amendments
1.10.1 This Agreement may not be modified or amended except by an instrument in
writing signed by the Parties hereto or by their successors or permitted assigns.
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1.11 Approval
1.11.1 Wherever the provisions of this Agreement require or provide for an Approval by a
Party of or to any action, Person or other matter contemplated by this Agreement,
this Agreement shall be deemed to provide that:
1.11.1.1 Such request for Approval shall be in writing and shall:
1.11.1.1.1 contain or be accompanied by any documentation or
information required for such Approval in reasonably
sufficient detail, as determined by the party receiving
the request, acting reasonably;
1.11.1.1.2 clearly set forth the matter or matters in respect of
which such Approval is being sought;
1.11.1.1.3 form the sole subject matter of the correspondence
containing such request for Approval; and,
1.11.1.1.4 clearly state that such Approval is being sought;
1.11.1.2 Such Approval shall be in writing;
1.11.1.3 Such Approval shall not be unreasonably or arbitrarily withheld or
delayed (unless the text hereof expressly states that such Approval
may be unreasonably or arbitrarily withheld or shall be subject to the
sole and /or absolute discretion of any Party); and
1.11.1.4 Any Dispute as to whether or not such Approval has been
unreasonably withheld or delayed shall be referred to Dispute
Resolution.
1.12 Enurement
1.12.1 This Agreement shall extend to, be binding upon and enure to the benefit of the
Parties and their respective successors and permitted assigns.
ARTICLE 2
TERM
2.1 Term
2.1.1 In the event that the YM -YWCA has commenced Services prior to the Execution
Date, then during the period of such Commencement of Services up to the Execution
Date, the YM -YWCA shall be deemed to be subject to all the covenants, conditions
and agreements set out in this Agreement. For greater certainty, the Parties
Page 1 -11-
acknowledge and agree that the YM -YWCA did commence Services for the period
beginning on the 1St day of January, 2013 (the "Effective Date ") up to an including
the Execution Date.
2.1.2 The term of this Agreement shall commence as of the Effective Date until the 31St
day of December, 2014, unless sooner terminated or extended as otherwise
provided in this Agreement.
2.1.3 Subject to subsection 2.1.4, this Agreement shall fully end and expire sixty (60)
calendar days after December 31, 2014 (the "Expire Date - 2014 "), unless renewed
by Common Council prior to March 1, 2015 for an additional two (2) years. In the
event that Common Council renews this Agreement for the Contract Years 2015 and
2016, the renewal Agreement shall fully end and expire at midnight on the 31St day
of December, 2016 (the "Expire Date - 2016 ").
2.1.4 In the event that this Agreement is renewed by Common Council for the Contract
Years 2015 and 2016, the Parties agree that this Agreement shall continue in full
force and effect on the same terms and conditions of this Agreement, except that the
fees for the Services for the Contract Year 2015 shall be those fees quoted in the
Proposal at $91,037.00 (HST /GST included) and the fees for the Services for the
Contract Year 2016 shall be those fees quoted in the Proposal at $92,402.00
(HST /GST included). For greater certainty, should a Dispute arise over the fees for
the Services for the Contract Years 2015 and 2016, the matter shall be referred to
Dispute Resolution.
ARTICLE 3
STATUS OF PARTIES
3.1 Capacity of Parties
3.1.1 The Parties represents and warrants that they have the full right, power and
authority to enter into this Agreement and there is no agreement with any other
Person which would in any way interfere with the rights of the Parties under this
Agreement.
3.2 Authority of Representatives
3.2.1 The Parties represent that their respective representatives have the authority to
legally bind them to the extent permitted by Applicable Laws.
3.3 No Partnership. Agency etc.
3.3.1 The YM -YWCA shall have no power or authority to bind the City, or to assume or
create any obligation or responsibility, express or implied, on behalf of the City. The
YM -YWCA shall not hold itself out as an agent, partner or employee of the City.
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3.3.2 Nothing in this Agreement shall have the effect of creating an employment,
partnership or agency relationship between the City or any of their directors,
officers, agencies, employees, partners, affiliates (or Subcontractors) and the YM-
YWCA.
3.4 Assignment
3.4.1 No Party may assign the whole or any part of this Agreement or any monies due
under it without the prior written Approval of the other Party (which Approval may
be arbitrarily withheld).
3.4.2 The YM -YWCA shall not subcontract any interest in this Agreement without the
prior written Approval of the City (which Approval may be arbitrarily withheld).
Without limitation, every contract entered into by the YM -YWCA with a
Subcontractor relating to the YM- YWCA's rights hereunder shall adopt all of the
terms and conditions of this Agreement as far as applicable to those parts of the
deliverables provided by the Subcontractor.
3.4.3 Nothing contained in this Agreement shall create a contractual relationship between
any Subcontractor or its directors, officers, employees, agents, boards, partners or
affiliates and the City.
3.5 Conflicts of Interest
3.5.1 Notwithstanding and in addition to the foregoing, the Parties shall:
3.5.1.1 Avoid any Conflict of Interest in the performance of their obligations
under this Agreement;
3.5.1.2 Disclose without delay any actual or potential Conflict of Interest that
arises during the performance of their contractual obligations with
either Party, including work done for any other party other than the
City or the YM -YWCA during the course of this Agreement; and
3.5.1.3 Comply with any requirements prescribed by the City or the YM-
YWCA to resolve any Conflict of Interest.
In addition to all other contractual rights or rights available at law or in equity, both
Parties may, in its sole and absolute discretion, immediately terminate this
Agreement upon giving notice to such Party where:
3.5.1.4 Either Party fails to disclose an actual or potential Conflict of Interest;
3.5.1.5 Either Party fails to comply with any requirements prescribed by the
City or the YM -YWCA to resolve a Conflict of Interest;
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3.5.1.6 Either Party's Conflict of Interest cannot be resolved. This paragraph
shall survive any termination or expiry of this Agreement; or
If applicable, a Party shall not, during the course of this Agreement, act for or on
behalf of any Person, entity, or association in relation to a proceeding and /or
transaction to which either Party is a party.
ARTICLE 4
SERVICES BY THE YM -YWCA
4.1 Commencement of Services
4.1.1 The YM -YWCA commenced Services and shall cease Services at the dates and times
as follows:
4.1.1.1 Services commenced on January 1, 2013 at 6:00 a.m. and shall cease
on December 31, 2014 at 11:00 p.m.; and
4.1.1.2 The Services shall be provided at the Centre on a daily basis, between
the hours of 6:00 a.m. to 11:00 p.m., Monday to Sunday, which
schedule can be altered upon the mutual agreement of the YM -YWCA
Representative and the City Representative.
4.1.2 In the event that this Agreement is renewed for an additional two (2) years, the YM-
YWCA shall commence and cease Services at the dates and times as follows:
4.1.2.1 From January 1, 2015 at 6:00 a.m. to December 31, 2016 at midnight;
and
4.1.2.2 The Services shall be provided at the Centre on a daily basis, between
the hours of 6:00 a.m. to 11:00 p.m., Monday to Sunday, which
schedule can be altered upon the mutual agreement of the YM -YWCA
Representative and the City Representative.
4.2 Performance Warranty
4.2.1 The YM -YWCA, hereby represents and warrants that the Services shall be provided
fully and diligently in a professional and competent manner by persons qualified
and skilled in their occupations and furthermore that all Services will be provided in
accordance with:
4.2.1.1 This Agreement;
4.2.1.2 Good Industry Practice;
4.2.1.3 Recreation and Programs Services Specifications; and
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4.2.1.4 Applicable Laws.
4.2.2 If any of the Services, in the reasonable opinion of the City, are inadequately
provided or require corrections, the YM -YWCA shall forthwith make the necessary
rectification or corrections, at its own expense, as specified by the City in a Notice of
Change. In the event the YM -YWCA disputes the City's Notice of Change, it may refer
the matter to Dispute Resolution.
4.3 Responsibilities and Obligations of the YM -YWCA
4.3.1 The YM -YWCA shall perform the Services as set out in this Agreement and the
Proposal. Such Services shall include but are not limited to:
4.3.1.1 Recreational /leisure programs, services and community rental space;
4.3.1.2 A community -based program that includes a before lunch and after -
school program;
4.3.1.3 A nursery school /pre- school programs and youths programming;
4.3.1.4 A blend of free and fee based programming at the Centre designed to
enable the development of social and emotional skills needed for youths
and adults to function within family, community and school
environments;
4.3.1.5 A comprehensive wellness program at the Centre for youths and adults
with transportation provided by the YM -YWCA for outings and special
activities;
4.3.1.6 Through its youth leadership development and asset - building approach a
program that will endeavour to revitalize youth programming at the
Centre; and
4.3.1.7 Subject to section 6.5, any other programs mutually agreed upon by both
Parties.
4.3.2 The YM -YWCA shall perform these Services under the general direction and control
of Neighbourhood Improvement.
4.3.3 The YM -YWCA Representative shall share on a monthly basis with the Principal all
Programs schedules, all special events schedules and activities relating to the
Centre. In addition, the YM -YWCA Representative shall share during the months of
June, July and August, all summer programming with the Principal in order to
arrange scheduling of its summer cleaning and maintenance programs at the Forest
Hills School to ensure adequate cleaning and maintenance.
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4.3.4 The YM -YWCA, at its own expense, shall provide as follows:
4.3.4.1 Pay all costs associated with maintenance of the Centre and day to day
operation thereof, including but not limited to, energy consumption,
custodial staff, service staff and equipment;
4.3.4.2 Not modify the building, including interior and /or exterior elements,
without first having obtained Approval from the Minister. This includes,
but is in no way limited to, the installation of fixed furniture and /or
equipment, wall hangings, and painting. For greater certainty, any
modifications, alterations, maintenance, repairs or rehabilitations need to
be Approved by the Minister.
4.3.4.3 Any modifications, alterations, maintenance, repairs or rehabilitations
not Approved by the Minister will be returned to a state that is acceptable
to the Minister, at the sole expense, of the YM -YWCA;
4.3.4.4 Be responsible for the hiring, training and supervision of any Employee
hired to assist in providing the Services;
4.3.4.5 Ensure that all Employees and Persons who otherwise perform any of the
Services are (i) questioned concerning their Relevant Convictions and (ii)
are required to complete and deliver to the YM -YWCA a criminal records
search form, or to consent to the performance of criminal records
searches by the Saint John Police Force or any other police enforcement
authorities;
4.3.4.6 Not permit the use of alcohol during scheduled activities or otherwise
bringing of alcohol on the premises of the Centre without prior Approval
of the City and /or the Anglophone South School District;
4.3.4.7 Not permit the use of non - prescriptive medication or illicit drugs
anywhere on the premises of the Centre;
4.3.4.8 Provide Employee contacts to respond to alarm, security system phone
calls;
4.3.4.9 Meet with Neighbourhood Improvement monthly to discuss
programming and community needs;
4.3.4.10 Be responsible to provide a written report on any hazardous conditions,
injury, accident or illness related to the Centre as soon as possible to the
City Representative or the Anglophone South School District or any staff
of Neighbourhood Improvement;
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4.3.4.11 Comply with the requirements of the Official Languages Act, S.N.B. 2002,
c. 0 -0.5, or Change in Law;
4.3.4.12 Emergency exits must remain easily accessible and under no
circumstances can they be blocked by tables, chairs, walls, stages, people,
or any other form of equipment or furniture;
4.3.4.13 No unauthorized gas or propane equipment /fixtures may be used inside
the Centre. Any such material used outside of the Centre must adhere to
CSA approval standards;
4.3.4.14 Ensure that the appropriate guidelines for making a decision to report
sexual abuse of children are in place; and
4.3.4.15 Ensure that the Centre remains a non - smoking facility.
ARTICLE 5
SERVICES BY THE CITY
5.1 Responsibilities and Obligations of the CitX
5.1.1 The City, at its own expense, through its Neighbourhood Improvement, shall provide
as follows:
5.1.1.1 A City Representative during each Contract Year of the Terms; and
5.1.1.2 Limited free advertising with the Leisure Guide and /or City Web Page.
ARTICLE 6
PAYMENT MECHANISM
6.1 Harmonized Sales Tax and Goods and Services Tax
6.1.1 The YM -YWCA covenants and agrees that it will pay when due the full amount of
HST /GST properly exigible in respect of the fees for the Services to be provided by
YM -YWCA to the City pursuant to this Agreement.
6.2 Annual Service Payments
6.2.1 Commencing on the Effective Date, and continuing for each Contract Year until the
Expiry Date, the City shall pay to the YM -YWCA in the manner set out herein the sum
of:
6.2.1.1 The fees for the Services in respect of such Contract Year in
accordance with section 6.3; and
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6.2.1.2 HST /GST on the fees for the Services;
(collectively, for each Contract Year, the "Annual Service Payment').
6.3 Payment of Annual Service Payments
6.3.1 Commencing on the Effective Date to December 31, 2013, the Annual Service
Payment shall be payable on the 1St day of July, 2013 in the amount of $88,367.00,
inclusive of HST /GST.
6.3.2 The Annual Service Payment for the Contract Year 2014 payable by the City to the
YM -YWCA shall be $89,692.00, inclusive of HST /GST, and shall be payable in
accordance with the following payment schedule (the "Payment Schedule -
2014"):
2014 January 1, 2014 $44,846.00
2014 July 1, 2014 $44,846.00
6.3.3 In the event that Common Council renews this Agreement for the Contract Years
2015 and 2016, the Annual Service Payments payable by the City to the YM -YWCA
shall be $91,037.00 and $92,402.00, respectively, all inclusive of HST /GST, and shall
be payable in accordance with the following payment schedule (the "Payment
Schedule - 2015 & 2016 "):
2015 January 1, 2015 [$45,518.50
2015 July 1, 2015 [$45,518.50
2016 January 1, 2016 [$46,201.00
2016 July 1, 2016 F$46,201.00
6.3.4 There shall be no other charges payable by the City under this Agreement to the YM-
YWCA other than the aforementioned Annual Service Payments noted in
subsections 6.3.1, 6.3.2 and 6.3.3 unless such other fees for the Services are first
Approved by the City.
6.3.5 The City will endeavour to pay invoices when due to the YM -YWCA, but shall not be
required to pay interest on any late payments.
6.4 Change Requests
6.4.1 The City or the YM -YWCA may, without invalidating this Agreement, at any time
during the Term, submit a Change Request to the other Party. Either Party shall
approve all reasonable Change Requests by the other Party in accordance with the
terms and conditions of this Agreement.
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6.4.2 If either Party is unable to Approve a Change Request, it shall promptly notify the
other Party and provide reasons setting out why it cannot approve such Change
Request. In no event shall any such Change Request be deemed to have been
Approved and its terms and conditions incorporated into this Agreement until the
other Party has signified its acceptance of the Change Request in writing.
6.5 Notice of Change
6.5.1 The City shall promptly notify the YM -YWCA in writing if the City considers that any
notice, direction, requirement, request, correspondence, or other fact, event, or
circumstance comprises, requires, or results in a change to the cost of the fees for
the Services, and except with respect to insurances obtained and maintained by the
YM -YWCA with respect to the Centre or YM -YWCA operations, shall seek
instructions as to whether to proceed to implement such change which will impact
the fees for the Services (the "Notice of Change ").
6.6 Pricing for Changes
6.6.1 Where a Party's Change Request includes an increase or decrease in the scope of the
previously contemplated cost of the fees for the Services, the YM -YWCA shall set out,
in a Notice of Change, the proposed costs for the contemplated changes. The costs
for and in respect of such changes shall be agreed to between the Parties, acting
reasonably, within a reasonable period of time and in no event shall any such
Change Request, other than a Notice of Change with respect to insurances obtained
and maintained by the YM -YWCA for the Centre or YM -YWCA operations, be deemed
to have been Approved and its terms and conditions incorporated into this
Agreement until each Party has signified its acceptance of the Change Request in
writing.
6.6.2 The Parties acknowledge that any Change Request must be approved by (i) Common
Council or (ii) the City Manager and the YM -YWCA Representative where the costs
of such Change Request have been budgeted and approved by Common Council for
each such Contract Year.
ARTICLE 7
INSURANCE AND INDEMNITY
7.1 YM -YWCA Liability Insurance
7.1.1 The YM -YWCA shall obtain and maintain, or shall cause other Persons performing
operations and activities under this Agreement on behalf of the YM -YWCA, to obtain
and maintain, at all times during the Term of the Agreement or any extension of
prolongation thereof, the following insurance:
7.1.1.1 Commercial general liability insurance against claims for bodily injury
(including death), property damage, including loss of use of property
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without physical damage, and personal injury. This insurance shall cover
injury, loss or damage arising out of all operations and activities under
this Agreement by the YM -YWCA or any other Persons, or any other work
or services under this Agreement on behalf of the YM -YWCA. This
insurance shall be written on an occurrence basis and shall provide
coverage for premises, operations, broad form property damage,
contractual liability, employer's liability and non -owned automobile
insurance and shall include cross liability and severability of interests
provisions with respect to insureds under the policy or policies. The
policy or policies shall include the City, as an additional insured with
respect to liabilities arising out of the operations and activities on behalf
of the YM -YWCA under this Agreement. This insurance may be organized
as any combination of primary, umbrella and /or excess liability insurance
and shall be subject to a limit of not less than five million dollars
($5,000,000.00) any one accident or occurrence subject to a general
aggregate limit of not less than five million dollars ($5,000,000.00) any
one annual period; and
7.1.1.2 Automobile liability insurance covering owned, leased or operated
licensed motor vehicles used in connection with the operations and
activities of the YM -YWCA or any other Persons performing Services, or
any other work or services under this Agreement on behalf of the YM-
YWCA. This insurance may be organized as any combination of primary,
umbrella and excess liability insurance policies and shall be subject to a
limit not less than five million dollars ($5,000,000.00) combined single
limit for injury, death or property damage resulting from each accident.
7.1.2 The commercial general liability insurance obtained and maintained by the YM-
YWCA as set out in paragraph 7.1.1.1 shall be written in the names of the YM -YWCA
and the City and in the names of their respective directors, officers, employees,
servants and agents. The YM -YWCA may, at its sole and unfettered discretion, elect
to have this insurance cover, as Named Insureds, any of its Subcontractors or any
other Person performing Services, or any other work or services under this
Agreement on behalf of the YM -YWCA or may elect to have any such Subcontractor
or Person obtain and maintain its own insurances with the characteristics
described in subsection 7.1.1 above.
7.1.3 The YM -YWCA shall duly and punctually pay, or shall cause its Subcontractors or
other Persons to duly and punctually pay, all premiums and other sums of money
payable for maintaining any such insurance as set out in subsection 7.1.1 and upon
request from the City will produce or cause to produce evidence of such payment
within fifteen (15) Business Days after receipt of any such request from the City.
7.1.4 The YM -YWCA shall, upon request from the City, deliver to the City, or its authorized
representative insurance certificates confirming the types and amounts of coverage
described in subsection 7.1.1 in effect at that time, the inception dates and
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expiration dates of each policy. Evidence of renewal of such insurance, in the form of
insurance certificate or certificates, shall be delivered to the City within thirty (30)
calendar days after receipt of any such request from the City.
7.1.5 The insurance policies placed or caused to be placed by the YM -YWCA pursuant to
this section 7.1 shall operate as primary insurance with respect to the operations
and activities of the YM -YWCA or any other Persons performing Services, or any
other work or services under this Agreement on behalf of the YM -YWCA.
7.1.6 Each of the policies of insurance provided pursuant to this section 7.1 shall contain a
provision to the effect that the insurer will not cancel the policy prior to its
expiration, (with the exception of cancellation for non - payment of premium or
premium adjustment, for which fifteen (15) calendar days' notice shall be provided)
except after thirty (3 0) calendar days' prior written notice to the City.
7.1.7 The YM -YWCA shall advise the City of any cancellation, material deviation from the
requirements set out in this section 7.1 or lapse of any policies of insurance
required to be provided by the YM -YWCA. If the YM -YWCA fails to effect and keep
such insurance in force, or should such insurance be in an amount less than the
amount required by this section 7.1, the City may, upon written notice to the YM-
YWCA, without assuming any obligation, effect such insurance at the expense of the
YM -YWCA. All outlays by the City shall be payable by the YM -YWCA to the City
within thirty (30) calendar days after request from the City without prejudice to any
other rights and recourses of the City. No such insurance taken out by the City shall
relieve the YM -YWCA of its obligations to insure under this section 7.1.
7.1.8 If the YM -YWCA fails to effect, or to cause other Persons to effect, and to keep the
insurance required pursuant to this section 7.1 in force and if any similar insurance
maintained by the City or any of its Subcontractors shall then be called into
contribution notwithstanding subsection 7.1.5 above and, as a consequence, the
City's or its Subcontractor's cost of effecting such insurance increases, any such
additional cost shall be payable by the YM -YWCA to the City, not later than thirty
(30) calendar days after production by the City to the YM -YWCA of reasonable proof
of such additional cost, without prejudice to any other right of the City with respect
to the YM -YWCA failure to maintain insurance pursuant to this section 7.1.
7.1.9 If applicable, the YM -YWCA shall maintain and in full force and effect during the
Term of this Agreement, coverage from WorkSafeNB and provide evidence of this
coverage to the City upon request.
7.2 Indemnification
7.2.1 Subject to subsection 7.2.2 hereof, but notwithstanding any other clauses herein, the
YM -YWCA shall indemnify and save harmless the City from all Claims, or other
proceedings by whomsoever claimed, made, brought or prosecuted in any manner
and whether in respect of property owned by others or in respect of damage
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sustained by others based upon or arising out of or in connection with the
performance of this Agreement or anything done or purported to be done in any
manner hereunder, but only to the extent that such Claims, or other proceedings are
attributable to and caused by the YM- YWCA's negligence, errors or omissions.
7.2.2 In no event shall the YM -YWCA be obligated to indemnify the City in any manner
whatsoever in respect of any Claims, or other proceedings caused by the negligence
of the City, or any Person for whom the City is responsible.
ARTICLE 8
TERMINATION AND DEFAULT
8.1 Termination for Default
8.1.1 The City may immediately terminate this Agreement upon giving notice to the YM-
YWCA where:
8.1.1.1 The YM -YWCA makes an assignment for the benefit of its creditors, is
declared bankrupt or commits an act of bankruptcy, becomes insolvent,
makes a proposal or otherwise takes advantage of provisions for relief
under the Bankruptcy and Insolvency Act (Canada) or similar legislation in
any jurisdiction, or any other type of insolvency proceedings being
commenced by or against the Consultant under the Bankruptcy and
Insolvency Act (Canada) or similar legislation;
8.1.1.2 The YM -YWCA breaches any material provision of this Agreement;
8.1.1.3 In the City's reasonable opinion, the YM -YWCA, prior to or after executing
this Agreement, makes a material misrepresentation or omission or
provides materially inaccurate information to the City;
8.1.1.4 The YM -YWCA undergoes a change of control which, in the reasonable
opinion of the City, adversely affects the YM- YWCA's ability to satisfy
some or all of its obligations under this Agreement;
8.1.1.5 The YM -YWCA subcontracts any provisions or parts or all of the Services
or assigns this Agreement without first obtaining the Approval of the City;
8.1.1.6 In the City's reasonable opinion, the YM- YWCA's acts or omissions
constitute a substantial breach of YM- YWCA's obligations under this
Agreement; or
8.1.1.7 The YM -YWCA fails to perform any other obligation under this Agreement
and such failure to perform continues for ten (10) calendar days
following the YM- YWCA's receipt of written notice from the City.
Page 1 -22-
The above rights of termination are in addition to all other rights of termination
available at law, or events of termination by operation of law.
8.2 Termination on Notice
8.2.1 The City reserves the right to terminate this Agreement, without cause, upon thirty
(30) calendar days' prior written notice to the YM -YWCA.
8.3 Obligations on Termination
8.3.1 The YM -YWCA shall, following the giving of a notice of termination by the City
hereunder or upon expiry of the Term, in addition to its other obligations under this
Agreement and at law:
8.3.1.1 Provide the City with a report detailing:
8.3.1.1.1 any information requested by Neighbourhood
Improvement pertaining to the provisions and
performance of this Agreement;
8.3.1.1.2 execute such documentation as may be required by the
City to give effect to the termination of this Agreement;
and
8.3.1.1.3 comply with any other instructions provided by
Neighbourhood Improvement or Common Council.
8.4 Payment upon Termination
8.4.1 Without limiting the generality of Article 8, the YM -YWCA shall indemnify the City
for, and hold the City harmless against, all additional costs, charges and expenses
incurred by the City as a consequence of the breach by the YM -YWCA of its
obligations hereunder, including without limitation, all costs incurred by the City in
connection with the operation and maintenance of the Centre.
8.5 Termination of Agreement between School District and YM -YWCA
8.5.1 In the event that agreement between the Anglophone South School District and the
YM -YWCA, as outlined in Schedule 1 is terminated, this Agreement shall terminate
automatically. Upon such termination, the YM -YWCA shall immediately reimburse
the City any unexpended portion of the Annual Service Payment paid by the City to
the YM -YWCA. The obligation of the YM -YWCA to reimburse the City set forth in this
subsection 8.5.1 shall remain in full force and effect until fully discharged by the YM-
YWCA.
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8.6 Rights and Remedies
8.6.1 The express rights of termination in this Agreement are in addition to and shall in
no way limit any rights or remedies of the City under this Agreement or Applicable
Laws or otherwise, at law or in equity.
ARTICLE 9
DISPUTE RESOLUTION
9.1 Dispute Resolution Procedure
9.1.1 The Parties shall attempt to negotiate all Disputes in good faith.
9.1.2 In the event the Parties are unable through good faith negotiations to mutually
resolve any Dispute, controversy or claim arising out of, in connection with, or in
relation to the interpretation, performance or breach of this Agreement, such
Dispute, controversy or claim shall be referred to Dispute Resolution in accordance
with Schedule S.
ARTICLE 10
YM -YWCA COVENANTS
10.1 Covenants
10.1.1 The YM -YWCA further covenants with the City as set out in this Article 10.
10.2 Notice by YM -YWCA
10.2.1 The YM -YWCA shall promptly notify the City Representative of any accident, defect,
damage or deficiency which occurs or exists in any part of the Centre which comes
to the attention of the YM -YWCA, as soon as possible.
10.3 Use
10.3.1 The YM -YWCA shall continuously use the whole of the Centre for purposes of
providing the Services.
10.4 Compliance with Laws
10.4.1 The YM -YWCA shall use and occupy and shall cause the Centre to be used and
occupied in compliance with all Applicable Laws and in a safe, careful and proper
manner.
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10.5 Nuisance, Interference. Waste, Overloading
10.5.1 The YM -YWCA shall not cause or allow any act or thing which constitutes a nuisance
or which is offensive to the City.
10.5.2 The YM -YWCA shall keep the Centre free of debris and other items that might attract
rodents or vermin and free of anything of a dangerous, noxious or offensive nature
or which could create a fire, environmental, health or other hazard or undue
vibration, heat or noise.
10.5.3 The YM -YWCA shall not cause or allow any overloading of the floors of the Centre or
the bringing into any part of the Centre of any articles or fixtures that by reason of
their weight, use or size might damage or endanger the structure or any of the
Centre.
ARTICLE 11
MISCELLANEOUS PROVISIONS
11.1 Strict Performance
11.1.1 The failure of the City to seek redress for any violation of or to insist upon the strict
performance of any of the terms, covenants or conditions of this Agreement, shall
not prevent a subsequent act, which would have originally constituted a violation,
from having all of the force and effect of an original violation.
11.2 Remedies Cumulative
11.2.1 No reference to or exercise of any specific right or remedy by the City shall prejudice
or preclude the City from exercising or invoking any other remedy, whether allowed
under this Agreement or generally at law or in equity, and the express provisions of
this Agreement as to certain rights and remedies are not to be interpreted as
excluding any other or additional rights and remedies available to the City generally
at law or in equity.
11.3 Survival of Obligations
11.3.1 All of the obligations, representations and warranties of the YM -YWCA accruing
hereunder during the existence of this Agreement or any renewal or extension
thereof shall survive the termination or expiration of the Term.
11.4 Force Majeure Event
11.4.1 Neither the City nor the YM -YWCA shall be responsible for any Force Majeure Event
or by any other cause which is unavoidable or beyond its reasonable control. The
Party whose performance of this Agreement is or may reasonably be expected to be
affected by a Force Majeure Event shall promptly notify the other Party of the
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existence of such circumstances and shall use its best efforts to resume and
complete performance. Whenever a Party is reasonably certain that such a Force
Majeure Event is likely to occur, it shall notify and consult with the other Party as
soon as practicable. All time periods for the performance of obligations hereunder
shall be extended by a period corresponding to the time period of any delay caused
by the occurrence of a Force Majeure Event. This provision shall not excuse the City
from payment of the fees for the Services and other amounts payable hereunder.
11.5 No Waiver
11.5.1 No omission or delay by any Party in exercising any right, power or privilege
hereunder shall operate as a waiver thereof, nor shall any single or partial exercise
of such right, power or privilege preclude any other or further exercise thereof or of
any other right, power or privilege. The rights and remedies herein provided are
cumulative with and not exclusive of any rights or remedies provided by Applicable
Law.
11.6 Registration
11.6.1 The YM -YWCA agrees that it shall not register this Agreement or any notice or
reference in respect of this Agreement against title.
11.7 Counterparts
11.7.1 This Agreement may be executed in any number of counterparts. Either Party may
send a copy of its executed counterpart to the other Party hereto by facsimile
transmission or by electronic mail instead of delivering a signed original copy of
such counterpart. Each executed counterpart (including each copy sent by facsimile
transmission or electronic mail) shall be deemed to be an original and all such
executed counterparts taken together shall constitute one and the same agreement,
and notwithstanding the date of execution shall be deemed to bear the same date as
written above on this Agreement.
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IN WITNESS WHEREOF the City of Saint John has hereto fixed in its corporate seal
and caused these presents to be executed by its duly authorized officers in the manner
prescribed by the Municipalities Act, R.S.N.B. 1973, c. M -22, and amendments thereto, and
the YM -YWCA has caused these presents to be executed by its President and Chief
Executive Officer as of the day and year first written above.
SIGNED, SEALED & DELIVERED
in the presence of:
85
THE CITY OF SAINT JOHN
Mel K. Norton, Mayor
Jonathan A. Taylor,
Common Clerk
Common Council Resolution:
[0], 2013.
THE SAINT JOHN YM -YWCA INC.
Shilo Boucher, C.A.
President and Chief Executive Officer
Page 1 -27-
PROVINCE OF NEW BRUNSWICK
COUNTY OF SAINT JOHN
I, SHILO BOUCHER, C.A., of the Town of Grand Bay - Westfield and Province of New
Brunswick, MAKE OATH AND SAY:
1. THAT I am the President and Chief Executive Officer ( "CEO ") of the Saint John
YM -YWCA Inc., and am authorized to make this affidavit and have personal
knowledge of the matters hereinafter deposed to.
2. THAT the seal affixed to the foregoing agreement and purporting to be the
corporate seal of THE SAINT JOHN YM -YWCA INC., is the corporate seal of the said
THE SAINT JOHN YM -YWCA INC., a party named in the foregoing instrument and it
was affixed by the officer authorized to so affix the seal.
3. THAT the signature " Shilo Boucher" subscribed to the said instrument is my
signature and as President and CEO I am duly authorized to execute the said
instrument.
4. THAT the said document was executed as aforesaid at the City of Saint John
in the Province of New Brunswick on the day of July, 2013.
SWORN TO before me at
Saint John, in the County of
Saint John and Province
of New Brunswick
the day of July
2013.
Commissioner of Oaths,
Shilo Boucher, C.A.
President and CEO
:.
Service Agreement
SCHEDULE 1
Schedule 1
LETTER FROM THE ANGLOPHONE SOUTH SCHOOL DISTRICT
DATED APRIL 4, 2013 TO YM -YWCA
87
Service Agreement
SCHEDULE 2
Schedule 2
LETTER FROM THE ANGLOPHONE SOUTH SCHOOL DISTRICT
DATED APRIL 3, 2013 TO THE CITY
Service Agreement
SCHEDULE 3
PROPOSAL FROM YM —YWCA
DATED APRIL 2, 2013
Wo
Schedule 3
Service Agreement
SCHEDULE 4
Schedule 4
RECREACTION AND PROGRAM SERVICES SPECIFICATIONS
4
Page 1 -2-
1. INTRODUCTION
These Recreation and Program Services Specifications describe the Services that the YM-
YWCA shall provide at the Centre, as well as the minimum level of service delivery and the
standards to which the Services shall be delivered.
1.1 GENERAL
The YM -YWCA shall provide the following services to the following standards:
Program Services and Standards
Centre Hours of Operation
Description:
(52 week period)
The normal hours of operations of the Centre for Programs shall
be as follows:
a) Fall/ Winter/ Spring Operations:
- Monday to Friday, from 7:00 a.m. until 9:00 p.m.
- Saturday, from 9:00 a.m. until 3:00 p.m. (based on
community interest)
b) Summer Operations
- Monday to Friday, from 7:30 a.m. until 5:30 p.m.
The hours of operations in a) and b) above may be extended
based on room and facility rentals, partner supported
programming and special events.
General Description
a) The YM -YWCA shall provide Programs which are
recreational, cultural, health related and educational in
nature.
b) The YM -YWCA shall provide Programs at the Centre for all
ages, to be grouped as follows:
0 0 -5 years
0 6 -12 years
0 13 -17 years
0 18 -21 years
o Adults
o Seniors
Free Programs (core
Description:
programs)
a) The YM -YWCA shall offer night programs and weekend
programs for youth aged 5 to 17 years of age during the
Page 1 -3-
school year (fall / winter / spring season: 32 weeks).
Fee Based Programs
Description:
a) The YM -YWCA shall offer preschool and afterschool
programs.
b) The YM -YWCA shall provide summer day camps programs
for a minimum of 8 weeks during the summer months
(June - August). The YM -YWCA shall provide an integrated
day camp program at the Centre throughout the same
period.
c) The YM -YWCA shall provide community use of the Centre
through room and facility rentals without interfering with
free programs described above.
d) The YM -YWCA shall keep all revenues generated by the
rental of the Centre and use same towards the operation
of the Centre.
Other
Description:
a) There shall be a community stakeholder task force whose
function is to provide neighbourhood input into the
programs offered at the Centre.
b) The YM -YWCA shall work with other partners and
organizations to offer programs at the Centre.
c) The YM -YWCA shall leverage financial resources to
increase the scope of the services offered at the Centre.
d) The City shall appoint a City Representative to support the
Centre.
e) The YM -YWCA shall provide the City with access to the
Centre at no charge for emergency response shelter
services, community meetings and other activities which
the City may want to hold at the Centre from time to time.
Measurement Standards
Description:
a) The staff /youth participant ratio shall be 1:15 or in
accordance with child development standards as
prescribed by the Social Development division of the
Province of New Brunswick if applicable).
Page 1 -4-
b) A staff person or qualified adult volunteer shall be
assigned to each activity room.
c) A registration and waiver liability form shall be completed
by all youth participating in the Centre's programming
and signed by their parent /guardian.
d) The YM -YWCA shall provide quantitative and qualitative
evaluations for programs and services and record total
daily attendance for overall Centre usage as well as
specific program attendance. All such reports shall be
submitted to the City Representative on a regular basis.
e) The YM -YWCA shall conduct an annual evaluation on the
yearly overall operation of the Centre and the City's
Representative shall take part in the evaluation process.
f) The YM -YWCA shall conduct annual and seasonal
evaluations of permanent and part -time staff respectively.
g) The YM -YWCA shall hire only persons having a recognized
early childhood education diploma or post- secondary
degree in a related field such as recreation, social work or
the equivalent as full time employees. The YM -YWCA will
hire leaders, instructors and supervisors having training
or experience compatible with the Programs for which
they are responsible.
h) The YM -YWCA shall train staff to the standards of High
Five, CS4L Model, National Coaching Certification, YMCA
Healthy Child Development Training or the equivalent.
i) The YM -YWCA shall adopt and follow the standards,
principles and practises of Youth SJ standards once these
standards are adopted by the City.
j) The YM -YWCA shall have in place and adhere to an
emergency accident plan to properly deal with injuries
which may occur as a result of someone participating in
the Centre's programming. In this respect, the YM -YWCA
shall maintain a records management system for incident
reporting, and make same available to the City upon
request.
"?
Service Agreement
SCHEDULE 5
DISPUTE RESOLUTION PROCEDURE
A. Referral to Senior Management
Schedule 5
1. All Disputes arising out of, or in connection with, this Agreement, or in respect of
any legal relationship associated with or derived from this Agreement shall within
two (2) Business Days be referred for resolution to the City Manager and the YM-
YWCA Representative.
2. If the City Manager and the YM -YWCA Representative are not able to resolve the
Dispute referred to them under this section A within seven (7) Business Days
following such referral, the matter shall be referred for resolution by way of
mediation upon the willingness of the Parties.
B. Mediation
3. Despite an agreement to mediate, a Party may apply to a court of competent
jurisdiction or other competent authority for interim measures of protection at any
time.
4. If the Parties resolve to mediate the Dispute referred to them under subsection B.3,
the Parties shall invoke the following mediation process:
a) Either Party shall immediately declare an impasse and provide written notice
to the other Party within seven (7) Business Days thereof (or such other
period as the Parties mutually prescribe) declaring that such party wishes to
proceed to mediation and setting out in reasonable detail the issue(s) to be
resolved, the proposed time and a list of at least three (3) and not more than
five (5) proposed mediators. Each of the proposed mediators shall be an
individual:
(i) with at least ten (10) years' experience working in an executive
capacity or representing clients in the area of public disputes and /or
the related field of the Dispute, and
4
Page 1 -2-
(ii) unless otherwise agreed by the Parties, with no prior connection,
affiliation or other formal relationship with either Party.
a) Upon receipt of such notice, the notified Party shall have two (2) Business
Days to select one (1) of the proposed mediators as the mediator, failing
which the Party providing notice shall select one (1) of its proposed
mediators as the mediator. Within seven (7) Business Days following
selection of the mediator the matter shall be heard by the mediator.
b) The mediator shall be entitled to establish his or her own practices and
procedures. The Parties shall co- operate fully with the mediator and shall
present its case to the mediator orally and /or in writing within (10) Business
Days following the mediator's appointment. The mediation shall not be in the
nature of arbitration as contemplated by the Arbitration Act (1992), New
Brunswick, and the mediator's decision shall not be binding upon the Parties
but shall be considered as a bona fide attempt by the mediator to judiciously
resolve the Dispute. The decision of the mediator shall be rendered in a
written report, not to exceed two (2) pages in length, delivered to the Parties
within (10) Business Days following the last of such presentations. The fees
of the mediator shall be shared equally by the Parties.
S. The mediation shall be terminated:
a) By the execution of a settlement agreement by the Parties; or
b) By a written declaration of one of the Party that the mediation is terminated;
or
C) By a written declaration by the mediator that further efforts at mediation
would not be useful.
6. The place of mediation shall be the City of Saint John and Province of New
Brunswick.
C. Arbitration
7. In the event that either Party is unwilling to mediate the Dispute or that the Dispute
between the Parties remain unresolved after mediation has been attempted in good
faith, then either the City or the YM -YWCA, upon written notice to the other Party,
may refer the Dispute for determination to a Board of Arbitration consisting of three
(3) persons, one (1) chosen by and on behalf of the City, one (1) chosen by and on
behalf of the YM -YWCA and the third chosen by these two arbitrators. Each of the
proposed arbitrators shall be an individual with at least ten (10) years' experience
working in an executive capacity or representing clients in the area of public
disputes and /or the related field of the Dispute.
Page 1 -3-
8. In case of failure of the two arbitrators appointed by the Parties hereto to agree
upon a third arbitrator, such third arbitrator shall be appointed by a Judge of the
Court of Queen's Bench of New Brunswick.
9. No one shall be appointed or act as arbitrator who is in any way interested,
financially or otherwise, in the conduct of the work or in the business or other
affairs of either Party.
10. Notwithstanding the provisions of the Arbitration Act (1992), New Brunswick, the
Board of Arbitration, upon such terms and conditions as are deemed by it to be
appropriate, may allow a Party to amend or supplement its claim, defence or reply
at any time prior to the date at which the Parties have been notified of the
arbitration hearing date, unless the Board of Arbitration considers the delay in
amending or supplementing such statements to be prejudicial to a Party. The Board
of Arbitration will not permit a Party to amend or supplement its claim, defence or
reply once the arbitration hearing has been scheduled.
11. The Board of Arbitration may encourage settlement of the Dispute and, with the
written agreement of the Parties, may order that mediation, conciliation or other
procedures be used by the Parties at any time during the arbitration proceedings to
encourage settlement.
12. If, during the arbitration proceedings, the Parties settle the Dispute, the Board of
Arbitration shall, upon receiving confirmation of the settlement or determining that
there is settlement, terminate the proceedings and, if requested by the Parties,
record the settlement in the form of an arbitration award on agreed terms.
13. Subject to subsection C.14, any determination made by the Board of Arbitration
shall be final and binding upon the Parties and the cost of such determination shall
be apportioned as the Board of Arbitration may decide.
14. Any Party may appeal an arbitration decision to The Court of Queen's Bench of New
Brunswick: (i) on a question of law; or (ii) on a question of fact; or (iii) on a question
of mixed fact and law.
15. The place of arbitration shall be the City of Saint John and Province of New
Brunswick and the provisions of the Arbitration Act (1992), New Brunswick, shall
apply to the arbitration.
ANGLOPHONE SOUTH
Forest Glen Community Center
c/o Forest Hills School
15 Glengarry Drive
Saint John, NB
E2J 2X9
Attention: Shilo Boucher — YM -YWCA of Saint John
Dear Ms. Boucher:
Re: Renewal of Agreement dated September 1, 2010 between the Anglophone South School
District (formerly School District 8) and the YM -YWCA of Saint John with respect to space
being used in the Forest Glen Community Centre
The agreement has a term expiring on August 31, 2013. The parties to the Agreement hereby
renew the term of the Agreement which shall continue until December 31, 2016. All other terms
of the Agreement shall remain the same and be in full force and effect.
If this letter is acceptable to you, please indicate by signing below on both copies and returning
one fully signed cop, to the attention of the undersigned.
Yours truly,
t atson
ntendent
011
Per: / ! l Per-
Shi of Boucher Z ' Watson
YM -YWCA Saint John g lophone South. School District
9 PHONE: (506) 658 - 530097. FAX: (506) 658 -5399
ANGLOPHONE SOUTH
S C H O, O L DISTRICT Office of the Superintendent
490 Woodward Avenue
Saint John, New Brunswick
E2K 5N3
April 3, 2013
Mr. Kevin Watson
Recreation Manager
City of Saint John
P.O. Box 1971
Saint John, NB E2L 4L1
Dear Mr. Watson:
This will confirm that the Anglophone South School District would support a decision of the
Saint John Common Council to develop an agreement with the YMCA to operate the Forest
Glen Community Center located at Forest Hills School.
Sincerely,
6 poWatson
erintendent
Lbw
cc: Jeff Hanson, Director of Finance and Administration
Melissa Savoie, Principal — Forest Hills School
. PHONE: (506) 658 -5309$ . FAX: (506) 658 -5399
Q
FOREST GLEN COMMUNITY CENTRE
PROPOSAL FOR PARTNERSHIP
Building healthy communities April 2, 2013
2r J
i °.
Private & Confidential
April 2, 2013
Leisure Services
City of Saint John
Attention: Kevin Watson
Dear Kevin,
Saint John YMCA -YWCA
130 Broadview Ave.
Saint John NB E2L 5C5
Tel: (506) 634 -7720
Fax: (506) 634 -0783
www.saintjohnY.com
Please find enclosed the proposal for financial support for the Saint John YMCA -YWCA to
operate the Forest Glen Community Centre for the next 4 years.
On behalf of the Saint John YMCA -YWCA, we would like to thank the City of Saint John
for their support in the past and we look forward to a continuing this successful partnership.
The assistance we have received has enabled the Saint John Y to develop and increase
programming opportunities in these areas based on the needs of the community and to
continue serving members in a greater capacity. We truly have been able to build a stronger
community with your support. This is evident by the success of our kids and the praise of
the parents.
We trust that we have included all the information required to properly assess our current
and future direction, however, should you require additional information or clarification,
please do not hesitate to contact us.
Yours very truly,
Shilo Boucher, CA
President & CEO
irere
Adrienne Boudreau
Vice President, Wellness, Camping &
Community Centres
Table of Contents
ExecutiveSummary ........................................................................ ..............................1
OurMission ............................................................... ............................... 2
OurVision ................................................................. ............................... 2
OurVal ues ................................................................. ............................... 2
Uniquenessof the Y ....................................................... ............................... 3
ForestGlen Community Centre .................................................... ..............................4
Appendix A — Board of Directors .................................................. ..............................6
AppendixB — Financials ................................................................. ..............................7
AppendixC — Programs Offered ................................................... ..............................8
AppendixD — Y Story .................................................................... .............................10
Appendix E - Renewal of Agreement ........................... .............................11
101
lv
Executive Summary
Background
The Saint John YMCA -YWCA has been serving the Saint John community for the past 158 years.
Throughout each generation, the Saint John Y has changed to reflect and respond to the needs in the
community. One of these changes is the growth and development of Saint John Y services and
programs delivered throughout the region including after school care in local schools, operating four
community centres and expanding our community outreach programs. These changes allows the Saint
John Y to extend its programs to all locations allowing families to find true value in being a member of
the YMCA and become healthy active citizens.
It is a place where both youth and adults become physically active, meet new people and learn new
skills. The Saint John YMCA -YWCA is open to all and stands by its mission and core values. The
Saint John Y is building healthy communities.
The Present
The Saint John Y today...
• Over 12,000 men, women and children participate in Y programs. Over 30% of members
are children and youth.
• Approximately 1 in 5 Y members is financially assisted, ensuring that the Y is open to
everyone.
• 13 licensed child care and after school centres are available to provide care for preschoolers
and school aged children while parents are at work
• More than 2,700 children gain values and skills through the summer day camp and
residential camping programs.
• Youth programming provides adolescents with a safe, fun experience while instilling
community values.
• Employment and Settlement Services provide training and support so unemployed
individuals can acquire job skills and find work; new immigrants can learn English and
begin to feel part of our community. Adults can learn computer skills and young
entrepreneurs get the support they need to start a new business.
• Over 450 volunteers provide more than 6,200 hours of service at the Y and 600 donors
support the work of the Y in our annual fundraising campaign, Strong Kids.
i
102
lv
The Future
Although the Saint John Y is doing great things in the community, it is felt that we can reach out to even
more children, youth, teens, adults and families once a new facility is built. A new facility along with
growth at all of our centres is the key priority of the Board of Directors of the Saint John Y (See
Appendix A). The new Saint John Y, located on Churchill Boulevard, will be completed by 2014 and
will have a Wellness Centre for children and adults. The facility will have a special focus on families
and will house a recreational aquatic component, a multi -use gymnasium, a fitness centre, 2 community
rooms, locker rooms, a child care centre, instructional rooms and an outdoor play area. This physically
accessible facility will serve men, women and children of all abilities. The facility will be a focal point
for north end residents and a gathering place for families from the surrounding communities. This
facility will complement our programs and services already offered in communities such as
Millidgeville, Forest Hills, Martinon and Quispamsis.
We believe providing programs close to home is essential to the success of our community, which is
why we are requesting a grant of $88,367 to operate the Forest Glenn Community Centre. We would
like to secure this annual operating grant for a 4 year term with a 1.5% cost of living increase to ensure
we are able to offer the same level of service and the outcomes we are seeing continue to occur well into
the future for this centre. (See Appendix B for Financials)
Our Mission
The Saint John Y is a charity, open to all, dedicated to providing programs and services to help
individuals, families and communities grow and develop in spirit, mind and body.
Our Vision
The Saint John Y is a leader in community collaboration and partnership dedicated to the well -being of
individuals, families and their communities
Our Values
Respect Enrichment Accessibility Caring Honesty
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lv
Uniqueness of the Y
The purpose of Y membership is to involve individuals and families of all backgrounds and abilities in
the Y so that they can grow healthier in spirit, mind and body, and develop a sense of responsibility to
each other and the global community. This is accomplished by providing members with opportunities
to participate, volunteer and donate in a Y values based environment. The themes of belonging,
serving, leading and renewing are fundamental to the nature and core of a Y.
A Y Membership is unique because the purpose of the organization is charitable and this is reflected in
the values of the programs. The Y centers on serving individuals and families of all ages from all walks
of life, backgrounds and abilities. Memberships have an open- access policy, and the Y involves
volunteers at all levels, provides a variety in programming to meet the needs of many, and endeavours
to be a leader in the community through partnerships with both profit and non - profit organizations. The
Y recognizes that physical activity, a sense of belonging and involvement are keys to enhancing all
determinants of health in adults, youth and children.
Being open to all, creating social cohesion and integration, encouraging growth & tolerance, providing
choice, comfort and acceptance to all helps the Y become a model of a horizontal organization that
helps to create a more civil society.
3
104
lv
Forest Glen Community Centre
Meetin! the Communitv Needs
The City of Saint John has supported the Saint John Y since it began operations of the Forest Glen
Community Centre in 2006 through a grant and staff support. We are grateful for our partnership with
the City, the School District and the Forest Hills Community. In September of 2010 the Community
Centre saw a change with School District 8 assuming ownership. With this change the City is no longer
named in our legal contracts, but we feel a partnership is still needed for the community.
The Forest Hills community has been identified as a high priority neighbourhood with many families
close to the centre living below or on the poverty line. As a result, transportation and funding may also
be a factor in children's ability to attend programs. As this shift in the community has occurred the Y
has taken a look at how we can best meet the needs of these families. The grant from the City has
allowed the Y the opportunity to staff the centre each night and create new free programming to give the
children and youth a safe and fun place to grow and belong.
In January of 2012 the Y addressed the issue of transportation by providing a van run to the Reading
and Roxbury Crescent areas as well as the high rise building on Mystery Lake. We have seen as many
as 30 youth use this service to come to the centre on a Tuesday night when the Y has the use of the gym
to participate in activities. Since beginning this service, we have had to run two bus runs on many
evenings and have added Wednesday night transportation service to do to the overwhelming requests.
With the introduction of free programming each night at the centre, numbers have increased. Parents
are comfortable knowing that their children are well cared for in an active and safe environment. Along
with the addition of the van, new programs were also introduced such as mini chefs, creative creations
and mini gym games on Saturdays.
In May of 2012 the centre introduced free parent /child drop in program on Tuesday and Thursday
mornings. This program focused on parent /child interaction, parent education sessions and building
social skills in partnership with Talk With Me and Public Health. We hope to introduce the centre to a
new demographic and address the need in the community of free preschool drop in programs. In July
and August 2012 the Y plans to host a free story and crafts tent on the playground, giving younger
children and their parents (or those children who do not get registered into summer programs) a chance
to participate in organized activities that will break up their day, have them become involved in the
centre and continue with the skills they have learned throughout the school year.
Currently the Y is in discussion with community organizations to introduce a preschool program in Fall
of 2012 that is geared towards kindergarten readiness as tests have shown that many children living on
the east side are not developmentally ready for the transition to school. We are building on our
experience and success of the Early Learning Centre located in the south end, an area similar to Forest
Hills.
4
105
V
In 2011 the Y was able to reach over 2500 participants through new program initiatives, an open to all
policy in our evening and weekend drop in programs and a grant from the City to allow for staffing and
associated costs. In 2011 the Y's Strong Kids campaign assisted families in the Forest Glen area with
over $6000 in subsidies and currently, 90% of our youth programs are offered at no charge to
participants. As we move forward the Y would like to continue this momentum, increase our
preschool, parent /child and adult programming and reach all members of the community. With
continued support from the City of Saint John, together, we can make this happen.
The Proposal
The Saint John Y proposes to continue to offer and enhance free programming at the Forest Glen
Community Centre that will reach all members of the community; young and old alike. We will build
on our success and, with community feedback, offer programs that will have the centre full from lam to
9pm.
We believe the programs being offered are needed in the community and therefore we are asking for
financial support to continue and expand the recreational opportunities in the Forest Hills Community.
The funds provided by the City of Saint John ensure children, youth and families have an opportunity to
participate in programs that will enrich their lives and their community. The Y has a commitment to
build healthy communities. Our continued partnership with the City of Saint John will help the Y with
this commitment. For 2013, we are requesting a grant of $88,367 in anticipation of reaching 3000+
participants. Appendix C demonstrates the impact of your investment for individuals, for families and
for the community. This grant will cover the cost of the rental of facility, cleaning, maintenance, heat,
lights and electricity as well as funds to continue to provide free drop in programs as noted below.
2012
2700 Participants
Free Programming:
• Ball Hockey, Gym Games, Cheerleading
• Girl Power, Just the Guys, Games Room, Mini Chefs
• Parent /Child Preschool Drop In, Story Tent
• Creative Creations, Parent Education Classes, Babysitting Courses
** New **
Enhanced free programming would run with the Y's session structure and similar to the school year
from September to June. Programs would be free for all and geared towards youth ages 6 -17 years of
age and provide them daily with both active and social /cultural activities. Programs would run weekday
evenings, afterschool until 9pm and Saturdays from 9 -3pm. Programming would also consist of
participation in weekly inter centre opportunities within our Y but also in collaboration with the City of
Saint John, Boys and Girls Club and ONE Change Program creating a dynamic program structure and
unified group of the City of Saint John's youth serving organizations.
5
106
ti
Appendix A —Board of Directors
Dean Mullin — Chair
Dr. Shelley Rinehart — 1St Vice Chair /Secretary
Craig Wilson — Treasurer
Alyson Townsend — Past Chair
Christine Comeau
Kevin Condon, CMA FCMA
Christine Fagan
Daniel Hickey
Eric Savioe
Gillian Bouzane
Dora Nisinski
Christina Taylor
Susan Tipper
Alberta Stanton
David Legassick
6
107
kA
Appendix B — Financials
Year
Grant Amount Requested
2013
$88,367
2014
$89,692
2015
$91,037
2016
$929402
The grant for 2013 has allocated for operational expenditures as follows:
2013 Grant
Wages & Benefits
$43,293
Facility Cost /Rent
$26,490
Programming Expense
$14,584
Telephone & Advertising
$2,500
Insurance /Trainings /Fees
$1,500
Total
$88,367
108
Appendix C — Programs Offered
Forest Glen Community Centre
Fee for Service Programs
MORNING CARE (Ages 5 - 12 years)
Monday - Friday ............ ...........................7:00 - 9:00 am
AFTER SCHOOL PROGRAM (Ages 5 - 12 years)
Monday - Friday ........... ...........................2:15 — 6:00 pm
FULL DA YAFTER SCHOOL PROGRAM (Ages 5 - 12 years)
Monday - Friday ....... ...........................7:00 am to 6:00 pm
DAY CAMPS (Ages 5 - 12 years)
We offer March break, summer and Christmas camps. We also offer an Integrated Day
Camp during 10 weeks in the summer for children with special needs who require their
own counselor.
a
109
1
* *New **
Enhanced Free Drop In Programs
3:15- 6:OOpm
3:15- 6:OOpm
3:15- 6:OOpm
3:15- 6:OOpm
ASP Youth
ASP Youth
ASP Youth
ASP Youth
Leadership
Leadership
Leadership
Leadership
(Ages 13 -16)
(Ages 13 -16)
(Ages 13 -16)
(Ages 13 -16)
7:00 — 8:00
7:00 — 8:00
7:30- 9:OOpm
6:00- 7:OOpm
(Ages 9 to 12)
(Ages 9 to 12)
(Ages 12 -15)
Go Girls
6:00 — 7:30
(Ages 12 to 16)
Ball Hockey I
Cheerleading 1
Soccer I
6:00 — 7:00
6:00 — 7:00
6:00 — 7:00
(Ages 5 to 8)
(Ages 5 to 8)
(Ages 5 to 8)
Community Fun Community Fun
Flag Football
Night
Night
Cheerleading II
7:30 -9:00
6:00 —8:00
6:00 —8:00
7:00 — 8:00
(Ages: 13-17)
(Ages 5 to 12)
(Ages 5 to 12)
(Ages 9 to 12)
Soccer II
Ball Hockey II
Just the Guys
Scooter Ball
7:00 — 8:00
7:00 — 8:00
7:30- 9:OOpm
6:00- 7:OOpm
(Ages 9 to 12)
(Ages 9 to 12)
(Ages 12 -15)
(Ages 8 -12)
7:30- 9:OOpm
(Ages 13 -16)
3:15- 6:OOpm
ASP Youth
Leadership
(Ages 13 -16)
Youth Nights
and Dance
6:30 — 8:30
(Ages 5 to 12)
Teen Drop in
7pm -9pm
(Ages 13 -17)
Jiujitsu
10:00 — 12:00
(Ages 5 to 12)
Gym Games I
12:00 — 1:00
(Ages 5 to 8)
Pickle Ball
1:00 — 2:00
(Ages 9 to 12)
J
Mini Chef
2:00 — 3:00
(Ages 5 to 12)
Pickle Ball
2:00 -3:00
(Ages: Family)
Open Games
& Crafts
10:00- 3:OOpm
(Ages: All)
Included: transportation service on Tuesday, Wednesday & Friday
nights.
A
110
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Appendix D — Y Story
To Whom It May Concern;
I wanted to send this letter of thanks with respect of the YMCA bus being permitted to come to Roxbury
Drive and Reading Cres area to pick up children that would otherwise not have an opportunity to attend
Forest Glen Community Center on Tuesdays for Community night.
I have lived in this area for 12 years now, to see these children have the ability to attend has been very heart
warming.
I met Heather Oldfield about a year ago through other volunteer work I have done.
In Dec of 2011 Heather then approached me with respect of the children in this area and asked would they be
interested in attending the programs the YMCA offers. I responded that I am sure they would however alot of
children in this area live below the poverty line and families simply do not have the funds for their children to
attend. Also the fact of safety for the children to go from here to Forest Glen Community center was a issue as
well. Crossing Golden grove road has it challenges for everyone young and old alike.
So Heather took this information to others with the YMCA and soon called me to ask if I would like to
Volunteer to assist children on Tuesday evenings, Heather said she had gotten permission for the YMCA bus
to come and pick children up on Tuesday evenings. (Robert The bus driver is awesome with the children.)
I went to families and asked if they would be interested in allowing their children to attend.
The response to this point has been very encouraging. Without this service these children may otherwise not
have such a wonderful opportunity to have fun. On behalf of the children and families - Thank you!!!!
The activities for these children have made such a positive impact, they are excited each Tuesday to go and
often comment they wish it was more often.
I have seen a positive change with a few of the children that are otherwise very quiet and withdrawn from the
others, they are now participating and smile more often. Parents have shared with me how much fun their
children are having and are so very grateful for the YMCA to have given this opportunity for their children to
have safe place to go to have fun. And they are sleeping better- lol
I find all the staff that work at Forest Glen Community center wonderful, Each of them make time for all the
children, listen and interact with all. Some of these children that do attend have some issues so Tuesday night
is like an outlet for them.
I feel it a priviledge to have the opportunity to volunteer each Tuesday and watch their faces light up, and
have fun if only for a couple hours they are having the chance to be children. Certainly hope this opportunity
continues for this area and watch it grow to become even more successful.
The entire Staff deserve a KUDOS for all they do.
To whom ever is responsible for making this possible for our area a sincere Thank you.
Please know that every child that does attend would otherwise not have this opportunity.
Thank you
Sincerely,
Kimberly Williams
10
111
l
THE POWER OF EDUCATION
05 June 2012
Forest Glen Community Centre
c/o Forest Hills School
15 Glengarry Drive
Saint John, NB
E2J 279
School District 8 • District Education Council
490 Woodward Avenue • Saint John, NB, E2K 5N3
Tel 506.6585300 • Fax 506.658.5399 • www.district8.nbed.nb.ca
Attention: Shilo Boucher - YM -YWCA of Saint John
Dear Sirs:
RE: Renewal of Agreement dated September 1, 2010, between
School District 8 and the YM -YWCA of Saint John with respect to
space being used in the Forest Glen Community Centre
The agreement has a term expiring on August 31, 2012. The parties to the Agreement
hereby renew the term of the Agreement for an additional one (1) year from the expiry
date and shall continue until August 31, 2013. All other terms of the Agreement shall
remain the same and he in full force and effect.
If this letter is acceptable to you, please indicate by signing below on the both copies
and returning one fully signed copy, to the attention of the undersigned.
Yours truly,
Chris Toole
Director,
Finance and Administrative Services
Per: 4�
Shilo Boucher
YM -YWCA Saint John
112
Per: L�--
Christopher Toole
School District 8
Schedule 4
Recreation and Program Services Specifications
1. INTRODUCTION
These Recreation and Program Services Specifications describe the Services that the YMCA shall provide
at the Forest Glen Community Centre (FGCC), as well as the minimum level of service delivery and the
standards to which the Services shall be delivered.
1.1 GENERAL
The YMCA shall provide the following services to the following standards:
Program Services and Standards — Forest Glen Community Centre (FGCC)
113
Community Centre Hours of
Description:
Operation (52 week period)
The normal hours of operations of the Centre for Programs shall be as
follows:
a) Fall / Winter / Spring Operations:
- Monday to Friday, from 7:OOam until 9:OOpm
- Saturday, from 9:OOam until 3:OOpm (based on community
interest)
b) Summer Operations
- Monday to Friday, from 7:30am until 5:30pm
The hours of operations in a) and b) above may be extended based on
room and facility rentals, partner supported programming and special
events.
General Description
a) The YMCA shall provide Programs which are recreational,
cultural, health related and educational in nature.
b) The YMCA shall provide programs at FGCC for all ages, to be
grouped as follows:
0 0 -5 years
0 6 -12 years
0 13 -17 years
0 18 -21 years
o Adults
o Seniors
Free Programs (core
Description:
programs)
c) The YMCA shall offer night programs and weekend programs for
youth aged 5 to 17 years of age during the school year (fall /
winter / spring season: 32 weeks).
Fee Based Programs
Description:
a) The YMCA shall offer preschool and afterschool programs.
b) The YMCA shall provide summer day camps programs for a
minimum of 8 weeks during the summer months (June —August).
The YMCA shall provide an integrated day camp program at the
Forest Glen Community Centre throughout the same period.
c) The YMCA shall provide community use of the Forest Glen
Community Centre through room and facility rentals without
113
Schedule 4
Recreation and Program Services Specifications
114
interfering with free programs described above.
d) The YMCA shall keep all revenues generated by the rental of the
Community Centre and use same towards the operation of the
Centre.
Other
Description:
a) There shall be a Community Stakeholder Task Force whose
function is to provide neighbourhood input into the programs
offered at the Centre.
b) The YMCA shall work with other partners and organizations to
offer programs at the centre.
c) The YMCA shall leverage financial resources to increase the scope
of the Services offered at the Centre.
d) The City of Saint John shall appoint a staff liaison to support the
Centre.
e) The YMCA shall provide the City with access to the centre at no
charge for Emergency Response Shelter Services, Community
Meetings and other activities which the City may want to hold at
the Centre from time to time.
Measurement Standards
Description:
a) The staff /youth participant ratio shall be 1: 15 or in accordance
with child development standards as prescribed by the Social
Development division of the Province of New Brunswick (if
applicable).
b) A staff person or qualified adult volunteer shall be assigned to
each activity room.
c) A registration and waiver liability form shall be completed by all
youth participating in the Centre's programming and signed by
their parent /guardian.
d) The YMCA shall provide quantitative and qualitative evaluations
for programs and services and record total daily attendance for
overall centre usage as well as specific program attendance. All
such reports shall be submitted to the City liaison on a regular
basis.
e) The YMCA shall conduct an annual evaluation on the yearly
overall operation of the Centre and the City's Liaison(s) shall take
part in the evaluation process.
f) The YMCA shall conduct annual and seasonal evaluations of
permanent and part -time staff respectively.
g) The YMCA shall hire only persons having a recognized early
childhood education diploma or post- secondary degree in a
related field such as recreation, social work or the equivalent as
full time employees. The YMCA will hire leaders, instructors and
supervisors having training or experience compatible with the
programs for which they are responsible.
h) The YMCA shall train staff to the standards of High Five, CS41L
Model, National Coaching Certification, YMCA Healthy Child
Development Training or the equivalent.
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Schedule 4
Recreation and Program Services Specifications
115
i) The YMCA shall adopt and follow the standards, principles and
practises of Youth SJ standards once these standards are adopted
by the City.
j) The YMCA shall have in place and adhere to an Emergency
Accident Plan to properly deal with injuries which may occur as a
result of someone participating in the Centre's programming. In
this respect, the YMCA shall maintain a records management
system for incident reporting, and make same available to the
City upon request.
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Terms of Reference for YOUTH SJ
Mission:
To advocate, collaborate and provide supports and services to the youth (0 to 19 years of age) of greater Saint
John.
Vision:
To speak with one voice to benefit the youth of greater Saint John in matters that affect their lives and strive to
support them in shaping their local community and society as a whole.
Goals and Purpose:
1. To build trust, increase communication & positive working relationships /partnership opportunities
amongst youth serving agencies and other stakeholders within the Saint John community
2. To develop joint responses to complex issues facing children and youth
3. To create opportunities for front line workers /volunteers to share resources and engaged in joint
planning and implementing of youth programming.
4. To advocate for the needs and wellbeing of children and youth within the Greater Saint John
community.
Guiding Principles:
1. Youth bring assets and must not simply be seen as clients, but agents of change
2. The viewpoints of each individual are to be considered and differences of opinion are respected.
3. The mandate and autonomy of each organization is to be respected.
4. YOUTH SJ will encourage input, openness and honesty from all stakeholders
5. YOUTH SJ will proceed with goals and activities, while keeping stakeholders informed and offering a
standing invitation to become involved.
6. In order to overcome concerns of ownership /territory, participants will try to view discussion and
decisions from the perspective of "What's best for youth of Saint John" rather than "What is in the
best interest of my agency ".
Membership:
Membership in the YOUTH SJ consist of the most senior staff from the Saint John YWCA/YMCA, Big
Brothers Big Sisters, The Resource Centre for Youth (TRQ and the Boys and Girls Club. As YOUTH SJ
grows, other youth serving agencies will be invited to participate. In addition, program staff (from the above
mentioned agencies and other youth serving agencies) will participate in seasonal meetings to align, share and
coordinate children_ and youth programming.
D,
November 2011 Page 1
Roles & Responsibilities:
• Promote YOUTH SJ in the broader community. When representing YOUTH SJ at public
events /meetings etc., members must reflect the views, decisions and mandate of the Team and not their
own person views or opinions.
• Provide support to joint projects, events, programs or pilot activities and provide and share resources
as needed.
• Circulate new grant/funding opportunities and when able, coordinate applications for new funding.
• Assist and/or participate in professional and social development opportunities made available.
Rotating Chairs Responsibilities:
1. Create meeting agendas
2. Facilitate meetings
3. Take and distribute minutes
Meetings: There will be a minimum meeting every two months or as required
November 2011 Page 2
The Coalition's 20 Best Practices - An Introduction
What is Youth Saint John?
Youth SJ is a coalition of agencies, not a new service delivery organization. It is a mechanism that will
allow collaboration amongst the region's youth serving agencies. The coalition includes some of the
largest and longest serving youth serving agencies in the region including The Boys and Girls Club, The
Saint John Y, Big Brothers Big Sisters and The Resource Centre for Youth. It is the intent of the coalition
to expand to include other youth serving agencies and groups over time. Our interest lies in ensuring
our region's youth receive the best quality services possible, meaning that as much of every dollar we
manage directly reaches those who need it and those services are provided at the highest possible
quality and with the highest possible impact.
Youth SJ will not be raising money but it will facilitate joint proposals between individual members. We
are working towards a model that will prevent duplication of effort and waste of resources and a means
by which specific services are provided by the agency best suited to deliver the service. We want to see
more cooperation between our agencies to avoid duplication and increase impact.
The partnership will allow all member organizations to leverage the expertise of each other to better
serve youth throughout Greater Saint John and reducing the potential for duplication of service.
Together, YOUTH SJ will speak with one voice to benefit the youth of Greater Saint John in matters that
affect their lives and strive to support them in shaping their local community and society as a whole.
The partnership also hopes that through closer collaboration and cooperation that more resources can
be brought to bear more quickly and more efficiently for the youth of Greater Saint John.
All members of the coalition will remain independent and autonomous; however one of the most
important things we will be establishing is a common understanding of standards of service delivery. The
founding members have agreed to abide by the collectively understood standards in the interest of
equalizing and standardizing the areas covered by our youth serving agencies. The coalition will also
provide a formal structure for member organizations to search out new opportunities for funding and
services for Saint John's youth that, on an individual basis, we may not have previously qualified for. it
will also allow us to monitor for areas of duplication of effort that can be addressed to better serve our
region's youth.
The partnership has already created a terms of reference for operation that will protect the autonomy
of member organizations while laying out a process for collaboration. The first priority of the new
partnership is the development of a widely understood and consistent set of community standards of
care for the region's youth- serving agencies. The intent is to set the bar high for levels of service within
the community. The youth in our region must be assured that the level of service they receive is of the
highest possible quality and our many funders and donors must feel confident that their financial
assistance is reaching the intended audience with the best possible effect. The partnership will be
communicating with the public and other interested parties via a newsletter. YOUTH SJ will be sharing
more exciting news soon as existing projects are strengthened and new ones created to better the
quality of life for our region's youth.
The Coalition's 20 Best Practices: A Program Development Tool Kit
Why We Developed This Kit
The Standards of Care Toolkit was developed by Youth SJ to provide a tool for organizational and program assessment
and improvement. It is a demonstration of member agencies' commitment to ensure that the youth in Greater Saint
John are provided with safe, high quality programs and services regardless of the youth agency or youth group they are
involved with.
The kit provides a list of standards for assessing current services and identifying gaps in the best practices for safe and
successful youth programs. Youth serving agencies can review their organization and programs to see how the best
practices are being incorporated and to help guide the agency in the improvement of current services and the
development of new programs. The idea is that programs incorporating all or many of the best practices should
achieve positive outcomes and better service to youth.
The Standards of Care Toolkit can be used as:
• A resource for program development and assessment
• A guide for designing new programs and services
• A guide for monitoring the administration and delivery of existing programs
• A strategic planning tool
• A guide to information to include in staff and volunteer training
• A benchmark for evaluating program administration, design and delivery
• A reporting template to funders or other stakeholders
• A resource to share with other community organizations
Important Notes about the Kit
The Standards of Care Toolkit is not a how -to guide; it is simply an assessment tool to assist with the
identification of strengths and of areas that may need attention within your organization. It does not provide
direct answers to questions about how to achieve each standard. Using the kit can help you to identify areas
of strength and areas that may need work within your organization. The kit is designed to encourage agencies
to talk about their best practices, share ideas and support each other's efforts to implement the standards of
care. The kit is only the beginning of the standards of care approach and will be reviewed annually and
adjusted as new ideas, practices, tools or guidelines are identified by the Youth SJ agencies. If you need help
to find answers to specific questions, check Section 3 for a list of helpful websites or, better yet, bring your
questions to the next Coalition meeting. All 20 Best Practices were written to be applicable to all Coalition
member agencies. Smaller agencies may address them differently than larger agencies, but it does not change
the basic assumption that following every best practice means better service to youth. A key issue for smaller
agencies, in particular, is to consider ways to link to services and resources when it is not feasible to provide
them in house.
The Coalition's 20 Best Practices: A Program Development Tool Kit
REPORT TO COMMON COUNCIL
M &C 2013 -153
July 15, 2013
His Worship Mayor Norton
And Members of Common Council:
Your Worship and Councillors:
fin
The City of Saint john
SUBJECT: YMCA Grant Funding Proposal — Provision of Recreation Programs and
Services at the Millidgeville Community Centre
BACKGROUND:
The Millidgeville Community Centre (MCC) building forms part of the M. Gerald Teed School
which is owned by the Province of New Brunswick, Anglophone South School District. The
Centre was directly operated by the City of Saint John as a Community Centre from 1993 to
2001. From 2001 to 2004 the Canada Games Aquatic Centre operated the MCC on behalf of the
City of Saint John. In September of 2004 the City of Saint John entered into an agreement with
the YMCA to provide programs and services at the centre which has continued to the present
day.
The City of Saint John, Anglophone South School District and YMCA currently have a tri -party
agreement to occupy and manage this facility for the purpose of providing child care services
and recreational programs to the community. The City of Saint John continues to provide
funding in support of the YMCA's programs and services at the Millidgeville Community
Centre.
City staff have been working with the YMCA and School District on the renewal of this
agreement and is recommending the attached agreement for Common Council's approval
(Appendix A).
ANAT ,VCTC
City staff met with the YMCA to identify service gaps and requested a proposal be submitted
that include costs for enhancing programming levels to "fill the gaps" in the 2012 program
levels. From this consultation the YMCA revised their proposal to offer enhanced recreation
youth programs that are cost free.
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The summary points of the terms of this agreement are as follows;
1) The agreement shall be for a two year period (January 1, 2013 to December 31, 2014)
with an option to renew, subject to Common Council's approval, for an additional two
years.
2) The agreement will provide an annual increase in funding of 1.5 %.
3) The YMCA shall provide the program and services in a timely, competent manner.
4) The YMCA shall hire, train and supervise competent staff and volunteers to carry out the
program and services.
5) The YMCA shall conduct a survey to determine the needs of the community and will
modify programs and services as community needs change.
6) The YMCA shall provide the necessary insurance policy as per the City of Saint John
requirements and will provide the City with a certificate of insurance.
7) The YMCA will offer enhanced free based programming for youth in addition to the
existing fee based programming at the Community Centre.
City staff will continue to work closely with the YMCA in program and service development to
meet the needs of this community. An annual review process with city staff and the YMCA will
occur to ensure the agreement obligations are met.
FINANCIAL IMPLICATIONS
The proposal from the YMCA outlines a level of service for 2013 at a cost of $78,232.00. The
2013 budget approved by Common Council will support the proposed agreement with the
YMCA.
The financial implications for the duration of the agreement are:
2103 - $78,232.00
2014 - $79,405.00
*2015 - $80,596.00
*2016 — $81,804.00
( *optional renewal period)
The above figures are based on a 1.5% annual increase in budget that will require Common
Council's approval for the annual budget process.
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RECOMMENDATIONS
Staff recommends that the following resolution be adopted by Common Council in order to
approve the execution of the Tri -party Agreement with the appropriate terms and conditions as
follows:
(a) To approve the submitted text of the Service Agreement between The City of
Saint John, the Saint John YM -YWCA Inc., and Her Majesty the Queen in Right
of the Province of New Brunswick, as represented by the Minister of Education
and Early Childhood Development, to operate the Millidgeville Community
Centre in order to provide child care services and recreational programs for a
period of two (2) years ending December 31St, 2014, and the option to renew the
said agreement, subject to Common Council's approval, for an additional two
(2) years ending December 31St, 2016, the text of which accompanies the City
Manager and the Deputy Commissioner of Parks & Public Spaces correspondence
in this matter to Common Council, dated July 15, 2013; and
(b) That the Mayor and Common Clerk be authorized to execute the Service
Agreement.
Respectfully submitted,
Kevin Watson, B.P.E.
Manager, Neighbourhood Improvement & Recreation Programming
MOZVI�WOIF
Michael Hugenholtz, P. Eng.
Deputy Commissioner, Parks & Public Spaces
J. Patrick Woods, CGA
City Manager
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THIS SERVICE AGREEMENT (the "Agreement ") made in triplicate this day
of July, 2013 (the "Execution Date ").
BETWEEN:
THE CITY OF SAINT JOHN, having its offices at the City
Hall Building at 15 Market Square, Saint John, New
Brunswick, a body corporate by Royal Charter,
confirmed and amended by Acts of the Legislative
Assembly of the Province of New Brunswick,
hereinafter called the "City"
OF THE FIRST PART
-and-
THE SAINT JOHN YM -YWCA INC., a corporation
incorporated under the laws of the Province of New
Brunswick, having its registered office in Saint John, and
Province of New Brunswick, hereinafter called the "YM-
YWCA"
OF THE SECOND PART
- and -
HER MAJESTY THE QUEEN IN RIGHT OF THE
PROVINCE OF NEW BRUNSWICK, as represented by
the Minister of Education and Early Childhood
Development, hereinafter called the "Province"
OF THE THIRD PART
WHEREAS Her Majesty the Queen in Right of the Province of New Brunswick, as
represented by the Minister of Education and Early Childhood Development, is the owner
of the M. Gerald Teed Memorial School located at 99 Daniel Avenue and 151 Black Street,
Saint John, New Brunswick;
AND WHEREAS the Millidgeville Community Centre forms part of the M. Gerald Teed
Memorial School located at 99 Daniel Avenue, Saint John, New Brunswick;
AND WHEREAS the Superintendent of the Anglophone South School District, Zoe Watson,
provided a letter dated April 3rd, 2013 to the City which supports the decision to assign the
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operational rights for the Millidgeville Community Centre to the YM -YWCA, identified as
such in Schedule 1;
AND WHEREAS the YM -YWCA submitted to the City a Proposal dated April 2nd, 2013 for
the provision of the Services at the Millidgeville Community Centre which proposal the City
has accepted;
AND WHEREAS the City desires to enter into this Agreement with the YM -YWCA in order
to operate the Millidgeville Community Centre to provide child care services and
recreational programs to the Saint John community for a period of two (2) years with the
option to renew this Agreement for an additional two (2) years;
AND WHEREAS Common Council on , 2013 resolved that:
(a) [• Enter Resolution]
NOW THEREFORE THIS AGREEMENT WITNESSES that in consideration of the mutual
covenants and agreements hereinafter contained and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties
covenant and agree as follows:
ARTICLE 1
INTERPRETATION AND GENERAL PROVISIONS
1.1 Defined Terms
When used in this Agreement, the following words or expressions have the
following meanings:
a) "Agreement" means this Agreement and all accompanying Schedules;
b) "Anglophone South School District" means the Anglophone school district
for the southern portion of New Brunswick, located at 490 Woodward
Avenue, Saint John, New Brunswick, E2K SN3;
C) "Annual Service Payments" means the annual service payments which the
City is required to pay the YM -YWCA, in accordance with section 7.2; and
"Annual Service Payment" has a corresponding meaning;
d) "Applicable Laws" mean all applicable requirements, laws, statutes, codes,
acts, ordinances, orders, decrees, injunctions, by -laws, rules, regulations,
official plans, permits, licences, authorisations, directions, and agreements
with all Governmental Authorities that now or at any time hereafter may be
applicable to either this Agreement or the terms and conditions or any part
of them set out in this Agreement;
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e) "Approved" or "Approval" or "Approve" or "Approvals" and similar
expressions means approval or consent in accordance with the procedures
set out in section 1.11 unless otherwise provided herein;
f) "Business Day" means a day other than a Saturday, Sunday or statutory
holiday under the laws of Canada or the Province of New Brunswick or a civic
holiday proclaimed by the City; and "Business Days" shall have a
corresponding meaning;
g) "Centre" means the Millidgeville Community Centre located at 99 Daniel
Avenue, Saint John, New Brunswick, and forms part of Parcel Identifier:
00044412;
h) "Change in Law" means the coming into effect or repeal (without re-
enactment or consolidation) in New Brunswick of any Applicable Laws, or
any amendment or variation of any Applicable Laws, including any judgment
of a relevant court of law, board, arbitrator or administrative tribunal, which
changes binding precedent in New Brunswick in each case after the date of
this Agreement;
i) "Change Request" means a written request prepared by either Party:
i) To revise, alter or modify the Services;
ii) To add new work, services or materials in addition to that provided
for in this Agreement; or
iii) To dispense with, delete, reduce or change the requirements and /or
scope or extent of all or any portion of the Services;
provided, however, that no Change Request shall be implemented unless and
until it has been Approved by the City and YM -YWCA, each acting reasonably;
"City" means The City of Saint John, New Brunswick;
k) "City Address" means 15 Market Square, City Hall, Saint John, New
Brunswick, E2L 4L1, Telephone: 506.658.2862, Fax: 506.674.4214;
1) "City Manager" means the city manager of the City appointed by resolution
of Common Council, or his designate;
m) "City Representative" means the city representative designated by the City
Manager or the Commissioner of Growth & Community Development
Services or the manager of Neighbourhood Improvement;
n) "Claims" means any actual or threatened loss, liability, cost, charge, interest,
claim, demand, allegation, action, cause of action, proceeding, suit,
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assessment, reassessment, proposed assessment or reassessment, damage,
demand, expense, levy, tax, duty, judgment, award, fine, charge, deficiency,
penalty, court proceeding or hearing cost, amount paid in settlement,
Encumbrance, and /or tangible and intangible property right (including all
costs and expenses relating to the foregoing, including legal and other
professional adviser and expert fees and expenses), and whether arising by
contract, at common or statute law, in tort (including negligence and strict
liability), in equity, in property or otherwise of any kind or character
howsoever, and howsoever arising; and "Claim" means any one of them;
o) "Commencement of Services" has the meaning ascribed thereto in section
4.1;
p) "Common Clerk" means the common clerk or the assistant common clerk of
the City or the designate appointed by resolution by Common Council;
q) "Common Council" means the elected officials of the City;
r) "Conflict of Interest" includes, but is not limited to, any situation or
circumstance where in relation to the performance of their contractual
obligations in this Agreement, the Parties other commitments, relationships
or financial interests:
i) Could or could be seen to exercise an improper influence over the
objective, unbiased and impartial exercise of a Party's independent
judgment; or
ii) Could or could be seen to compromise, impair or be incompatible with
the effective performance of a Party's contractual obligation;
S) "Contract Year" means the period from the Effective Date until the next
December 31, then the period from January 1 to December 31 of the
following year and each subsequent twelve (12) month period thereafter
until the Expiry Date. If the Expiry Date is not on December 31, then the
period of the last Contract Year will be reduced accordingly so that the last
Contract Year shall end on the Expiry Date; and "Contract Years" shall have
a corresponding meaning;
t) "Dispute" means any dispute, controversy, Claim, disagreement or failure to
agree arising out of, in connection with, or relating to the interpretation,
performance or application of the Agreement; and "Disputes" shall have a
corresponding meaning;
u) "Dispute Resolution" has the meaning ascribed thereto in the Dispute
Resolution Procedure;
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v) "Dispute Resolution Procedure" means those dispute resolution
procedures ascribed thereto in Schedule 4;
w) "Effective Date" has the meaning ascribed thereto in subsection 2.1.1;
X) "Employee" means a full -time, part -time, temporary employee and includes
a volunteer person hired by the YM -YWCA in order to provide the Services at
the Centre; and "Employees" shall have a corresponding meaning;
Y) "Encumbrance" means any mortgage, lien, pledge, judgment, execution,
charge, security interest, restriction, claim or encumbrance of any nature
whatsoever, including Claims;
Z) "Expiry Date - 2014" and "Expiry Date - 2016" have the meaning ascribed
thereto in subsection 2.1.3;
aa) "Force Majeure Event" or "Force Majeure" means the occurrence after the
Effective Date of any circumstance, occurrence or event beyond the
reasonable control of a Party to the extent such cannot be prevented or
mitigated by the affected Party, including, without limitation, any of the
following:
i) Civil war, armed conflict, warlike operation or terrorism, acts of
foreign enemies, hostilities, invasion, prisoners riots, rebellion,
military or usurped power;
ii) Nuclear or radioactive contamination of the Centre;
iii) Chemical or biological contamination of the Centre from any event
referred to in item (i) of this definition;
iv) Epidemics or pandemics in New Brunswick, if such epidemics or
pandemics have formally been declared to exist by the World Health
Organization or the Chief Medical Officer of Health of the Province,
which have a direct effect on the Services, or any other services
provided at the Centre; or
V) A Change in Law, which directly causes any of the Parties to be unable
to comply with or perform all or a material part of its obligations
under this Agreement, despite the reasonable efforts of the Party
claiming Force Majeure to prevent its occurrence or mitigate its
effects; provided always that such circumstances, occurrence or event
does not arise by reason of:
A. the negligence or any misconduct of the Party claiming Force
Majeure;
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B. any act or omission of the Party claiming Force Majeure in
breach of the provisions of this Agreement; or
C. the lack or insufficiency of funds or failure to make payment of
monies or provide required security;
bb) "Good Industry Practice" means the exercise by those Persons performing
the Services of that degree of skill, diligence, prudence, operating practice
and foresight which would reasonably and ordinarily be expected from a
Person seeking in good faith to comply with their contractual obligations
under the Agreement who is experienced in carrying out services, programs,
and works comparable in size, scope and complexity to the services and
programs within Canada;
cc) "Governmental Authority' means each national, federal, provincial,
municipal, local or other government, each governmental, regulatory,
administrative, judicial, quasi - judicial or other agency, body, department,
corporation, authority, commission, instrumentality, regulatory body, board,
panel, court, arbitrator or other entity and any successor thereto, exercising
executive, legislative, judicial, quasi - judicial, taxing, regulatory or
administrative powers or functions of or pertaining to government or
judiciary, and each private regulatory entity, self- regulatory organization or
other similar Person having jurisdiction or purporting to have jurisdiction (in
whole or in part), in Canada and in any other relevant jurisdiction, in respect
of the Parties, the Agreement, the Centre (including the operation thereof, or
any part, component or system thereof); and "Governmental Authorities"
has a corresponding meaning;
dd) "Harmonized Sales Tax" or "HST /GST" means the harmonized sales tax or
the tax imposed under Part IX of the Excise Tax Act or any other federal sales
tax, consumption tax, excise tax, value added tax, business transfer tax or
other tax that can reasonably be regarded as a substitute or replacement for
the harmonized sales tax or the tax imposed under the Excise Tax Act (the
"HST /GST ") properly exigible in respect of the Services to be provided by
YM -YWCA to the City pursuant to this Agreement;
ee) "Named Insureds" means a Person that is insured by the policy for liabilities
that arise out of the operations and activities of that Person or from the
operations and activities of Persons for whom that Named Insureds are liable
or responsible;
ff) "Neighbourhood Improvement" means the neighbourhood improvement
support services of the City;
gg) "Notice of Change" has the meaning ascribed thereto in subsection 7.5.1;
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hh) "Party" individually means the City, the YM -YWCA and the Province and
"Parties" means the City, the YM -YWCA and the Province, respectively;
ii) "Payment Schedule - 2014" has the meaning ascribed thereto in subsection
7.3.2;
jj) "Payment Schedule - 2015 & 2016" has the meaning ascribed thereto in
subsection 7.3.3;
kk) "Person" means any individual, corporation, firm, partnership, joint venture,
trust, unincorporated organization, commission, board, Governmental
Authority, unincorporated body of persons or association and any other
entity having legal capacity, and the heirs, beneficiaries, executors,
administrators or other legal representatives of a Person in such capacity;
and "Persons" means any one of them;
11) "Principal' means the person who has executive authority or his /her
designate;
mm) "Programs" means the administration of any recreational, social or child
care programs based on the needs of the general public, including but not
limited to, after school programs, breakfast and lunch programs, day -care
and summer camps, and senior citizens fitness classes, community seniors
club, teen leadership programs, evening community gym activities, dance
instruction and special community rentals and includes the Recreation and
Program Services Specifications;
nn) "Proposal' means the proposal and all accompanying schedules submitted
by the YM -YWCA dated April 2, 2013, identified as such in Schedule 2;
oo) "Province Address" means 490 Woodward Avenue, Saint John, New
Brunswick, E2K 5N3, Telephone: 506.658.5300, Fax: 506.658.5399;
pp) "Provincial Representative" means the person designated by the Province;
qq) "Recreation and Program Services Specifications" has the meaning
ascribed thereto in Schedule 3;
rr) "Relevant Conviction" means a conviction under the Criminal Code
(Canada) for which no pardon has been granted;
ss) "Services" mean those services as set out in this Agreement and the Proposal
and any additional services agreed and Approved by the City and the YM-
YWCA, but for greater certainty, also include all Programs;
tt) "Schedules" means the following schedules attached to and forming an
integral part of this Agreement:
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Schedule 1- Letter from Anglophone South School District dated April 3,
2013 to the City;
Schedule 2 - Proposal from YM -YWCA dated April 2, 2013;
Schedule 3 - Recreation and Program Services Specifications; and
Schedule 4 - Dispute Resolution Procedure;
uu) "Subcontractor" is a Person or entity, other than the City or the Province or
the YM -YWCA, having direct agreement with the City or the Province or the
YM -YWCA, to perform any part or parts under this Agreement on behalf of
the City or the Province or the YM -YWCA; and "Subcontractors" shall have a
corresponding meaning;
vv) "Term" has the meaning ascribed thereto in section 2.1;
ww) "Transfer" has the meaning ascribed thereto in subsection 12.1.1;
xx) "YM -YWCA Address" means 130 Broadview Avenue, Saint John, New
Brunswick, E21, SCS, Telephone: S06.634.7720, Fax: 506.634.0783; and
yy) "YM -YWCA Representative" means the person designated by the YM-
YWCA.
1.2 No Indemnities from the City or the Province
1.2.1 Notwithstanding anything else in this Agreement, any express or implied reference
to the City or the Province providing an indemnity or incurring any other form of
indebtedness or contingent liability that would directly or indirectly increase the
indebtedness or contingent liabilities of the City or the Province, shall be void and of
no legal effect.
1.3 Entire Agreement
1.3.1 This Agreement embodies the entire agreement between the Parties and supersedes
any prior understanding or agreement between the Parties relating to the subject
matter hereof and in existence at the date of execution of this Agreement.
1.3.2 The Parties agree that in entering into this Agreement they have not relied upon any
oral or written agreements, representations, warranties, promises, information, or
understandings, express or implied, not specifically set forth in this Agreement.
1.4 Severability
1.4.1 If any term or condition of this Agreement, or the application thereof to the Parties
or to any Persons or circumstances, is to any extent invalid or unenforceable, the
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remainder of this Agreement, and the application of such term or condition to the
Parties, Persons or circumstances other than those to which it is held invalid or
unenforceable, shall not be affected thereby.
1.5 Priority of Documents
1.5.1 In the event of a conflict or inconsistency between any provisions in this Agreement
and the Schedules, the main body of this Agreement shall govern over the Schedules.
1.6 Conflict with Laws
1.6.1 For greater certainty, in the event of a conflict or inconsistency between any
provisions of this Agreement and any Applicable Laws, the Applicable Laws shall
govern and prevail to the extent of such conflict or inconsistency.
1.7 Headings and Grammatical Variations
1.7.1 The division of this Agreement into articles, sections, subsections and paragraphs
and the insertion of headings are for convenience of reference only, and shall not
affect the construction or interpretation of this Agreement.
1.7.2 In this Agreement, grammatical variations of any defined terms shall, unless the
context otherwise requires, have similar meanings to such defined terms, words
denoting the singular include the plural and vice versa, and words denoting any
gender include all genders.
1.8 Notices
1.8.1 Notices shall be in writing and shall be delivered by courier, personal delivery or
facsimile and shall be addressed to, in the case of service upon the YM -YWCA, the
YM -YWCA Address to the attention of the YM -YWCA Representative or, in the case
of service upon the City, to the City Address to the attention of the Common Clerk,
or, in the case of service upon the Province, the Province Address to the attention of
the Provincial Representative and to the Minister of Education and Early Childhood
Development, in Fredericton, New Brunswick.
1.8.2 Notices shall be deemed to have been given in the case of courier, personal delivery
or facsimile, one (1) calendar day after such notice is received by the Parties. In the
event of a courier disruption, notices must be given by personal delivery or by
facsimile. Unless the Parties expressly agree in writing to additional methods of
notice, notices may only be provided by the methods contemplated in this
subsection.
1.9 Governing Law
1.9.1 This Agreement shall be governed by and construed in accordance with the laws of
the Province of New Brunswick and the federal laws of Canada applicable therein.
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1.10 Modifications and Amendments
1.10.1 This Agreement may not be modified or amended except by an instrument in
writing signed by the Parties hereto or by their successors or permitted assigns.
1.11 Approval
1.11.1 Wherever the provisions of this Agreement require or provide for an Approval by
any Party of or to any action, Person or other matter contemplated by this
Agreement, this Agreement shall be deemed to provide that:
1.11.1.1 Such request for Approval shall be in writing and shall:
1.11.1.1.1 contain or be accompanied by any documentation or
information required for such Approval in reasonably
sufficient detail, as determined by the party receiving
the request, acting reasonably;
1.11.1.1.2 clearly set forth the matter or matters in respect of
which such Approval is being sought;
1.11.1.1.3 form the sole subject matter of the correspondence
containing such request for Approval; and,
1.11.1.1.4 clearly state that such Approval is being sought;
1.11.1.2 Such Approval shall be in writing;
1.11.1.3 Such Approval shall not be unreasonably or arbitrarily withheld or
delayed (unless the text hereof expressly states that such Approval
may be unreasonably or arbitrarily withheld or shall be subject to the
sole and /or absolute discretion of any Party); and
1.11.1.4 Any Dispute as to whether or not such Approval has been
unreasonably withheld or delayed shall be referred to Dispute
Resolution.
1.12 Enurement
1.12.1 This Agreement shall extend to, be binding upon and enure to the benefit of the
Parties and their respective successors and permitted assigns.
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ARTICLE 2
TERM
2.1 Term
Page 111
2.1.1 In the event that the YM -YWCA has commenced Services prior to the Execution
Date, then during the period of such Commencement of Services up to the Execution
Date, the YM -YWCA shall be deemed to be subject to all the covenants, conditions
and agreements set out in this Agreement. For greater certainty, the Parties
acknowledge and agree that the YM -YWCA did commence Services for the period
beginning on the 1St day of January, 2013 (the "Effective Date ") up to an including
the Execution Date.
2.1.2 The term of this Agreement shall commence as of the Effective Date until the 31St
day of December, 2014, unless sooner terminated or extended as otherwise
provided in this Agreement.
2.1.3 Subject to subsection 2.1.4, this Agreement shall fully end and expire sixty (60)
calendar days after December 31, 2014 (the "Expire Date - 2014 "), unless renewed
by Common Council prior to March 1, 2015 for an additional two (2) years. In the
event that Common Council renews this Agreement for the Contract Years 2015 and
2016, the renewal Agreement shall fully end and expire at midnight on the 31s' day
of December, 2016 (the "Expire Date - 2016 ").
2.1.4 In the event that this Agreement is renewed by Common Council for the Contract
Years 2015 and 2016, the Parties agree that this Agreement shall continue in full
force and effect on the same terms and conditions of this Agreement, except that the
fees for the Services for the Contract Year 2015 shall be those fees quoted in the
Proposal at $80,596.00 (HST /GST included) and the fees for the Services for the
Contract Year 2016 shall be those fees quoted in the Proposal at $81,804.00
(HST /GST included). For greater certainty, should a Dispute arise over the fees for
the Services for the Contract Years 2015 and 2016, the matter shall be referred to
Dispute Resolution.
ARTICLE 3
STATUS OF PARTIES
3.1 Capacity of Parties
3.1.1 The Parties represents and warrants that they have the full right, power and
authority to enter into this Agreement and there is no agreement with any other
Person which would in any way interfere with the rights of the Parties under this
Agreement.
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3.2 Authority of Representatives
3.2.1 The Parties represent that their respective representatives have the authority to
legally bind them to the extent permitted by Applicable Laws.
3.3 No Partnership, Agency etc.
3.3.1 The YM -YWCA shall have no power or authority to bind the City or the Province, or
to assume or create any obligation or responsibility, express or implied, on behalf of
the City or the Province. The YM -YWCA shall not hold itself out as an agent, partner
or employee of the City or the Province.
3.3.2 Nothing in this Agreement shall have the effect of creating an employment,
partnership or agency relationship between the City or the Province or any of their
directors, officers, agencies, employees, partners, affiliates (or Subcontractors) and
the YM -YWCA.
3.4 Assignment
3.4.1 No Party may assign the whole or any part of this Agreement or any monies due
under it without the prior written Approval of the Parties (which Approval may be
arbitrarily withheld).
3.4.2 The YM -YWCA shall not subcontract any interest in this Agreement without the
prior written Approval of the City and the Province (which Approval may be
arbitrarily withheld). Without limitation, every contract entered into by the YM-
YWCA with a Subcontractor relating to the YM- YWCA's rights hereunder shall adopt
all of the terms and conditions of this Agreement as far as applicable to those parts
of the deliverables provided by the Subcontractor.
3.4.3 Nothing contained in this Agreement shall create a contractual relationship between
any Subcontractor or its directors, officers, employees, agents, boards, partners or
affiliates and the City or the Province.
3.5 Conflicts of Interest
3.5.1 Notwithstanding and in addition to the foregoing, the Parties shall:
3.5.1.1 Avoid any Conflict of Interest in the performance of their obligations
under this Agreement;
3.5.1.2 Disclose without delay any actual or potential Conflict of Interest that
arises during the performance of their contractual obligations with
each of the Parties, including work done for any other party other
than the City or the Province or the YM -YWCA during the course of
this Agreement; and
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3.5.1.3 Comply with any requirements prescribed by the City or the Province
or the YM -YWCA to resolve any Conflict of Interest.
In addition to all other contractual rights or rights available at law or in equity, the
Parties may, in its sole and absolute discretion, immediately terminate this
Agreement upon giving notice to such Party where:
3.5.1.4 a Party fails to disclose an actual or potential Conflict of Interest;
3.5.1.5 a Party fails to comply with any requirements prescribed by the City
or the Province or the YM -YWCA to resolve a Conflict of Interest; or
3.5.1.6 a Party's Conflict of Interest cannot be resolved. This paragraph shall
survive any termination or expiry of this Agreement.
If applicable, a Party shall not, during the course of this Agreement, act for or on
behalf of any Person, entity, or association in relation to a proceeding and /or
transaction to which a Party is a party.
ARTICLE 4
SERVICES BY THE YM -YWCA
4.1 Commencement of Services
4.1.1 The YM -YWCA commenced Services and shall cease Services at the dates and times
as follows:
4.1.1.1 Services commenced on January 1, 2013 at 6:00 a.m. and shall cease
on December 31, 2014 at 11:00 p.m.; and
4.1.1.2 The Services shall be provided at the Centre on a daily basis, between
the hours of 6:00 a.m. to 11:00 p.m., Monday to Sunday, which
schedule can be altered upon the mutual agreement of the YM -YWCA
Representative, the City Representative and the Provincial
Representative.
4.1.2 In the event that this Agreement is renewed for an additional two (2) years, the YM-
YWCA shall commence and cease Services at the dates and times as follows:
4.1.2.1 From January 1, 2015 at 6:00 a.m. to December 31, 2016 at midnight;
and
4.1.2.2 The Services shall be provided at the Centre on a daily basis, between
the hours of 6:00 a.m. to 11:00 p.m., Monday to Sunday, which
schedule can be altered upon the mutual agreement of the YM -YWCA
Representative and the City Representative.
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4.2 Performance Warranty
4.2.1 The YM -YWCA, hereby represents and warrants that the Services shall be provided
fully and diligently in a professional and competent manner by persons qualified
and skilled in their occupations and furthermore that all Services will be provided in
accordance with:
4.2.1.1 This Agreement;
4.2.1.2 Good Industry Practice;
4.2.1.3 Recreation and Program Services Specifications; and
4.2.1.4 Applicable Laws.
4.2.2 If any of the Services, in the reasonable opinion of the City and /or the Province, are
inadequately provided or require corrections, the YM -YWCA shall forthwith make
the necessary rectification or corrections, at its own expense, as specified by the City
in a Notice of Change. In the event the YM -YWCA disputes the City's Notice of
Change, it may refer the matter to Dispute Resolution.
4.3 Responsibilities and Obligations of the YM -YWCA
4.3.1 The YM -YWCA shall perform the Services as set out in this Agreement and the
Proposal. Such Services shall include but are not limited to:
4.3.1.1 Recreational /leisure programs, services and community rental space;
4.3.1.2 A community -based program that includes a before lunch and after -
school program;
4.3.1.3 A nursery school /pre - school programs and youths programming;
4.3.1.4 A blend of free and fee based programming at the Centre designed to
enable the development of social and emotional skills needed for youths
and adults to function within family, community and school
environments;
4.3.1.5 A comprehensive wellness program at the Centre for youths and adults
with transportation provided by the YM -YWCA for outings and special
activities;
4.3.1.6 Through its youth leadership development and asset - building approach a
program that will endeavour to revitalize youth programming at the
Centre; and
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4.3.1.7 Subject to section 7.5, any other programs mutually agreed upon by both
Parties.
4.3.2 The YM -YWCA shall perform these Services under the general direction and control
of Neighbourhood Improvement.
4.3.3 The YM -YWCA Representative shall share on a monthly basis with the Principal all
Programs schedules, all special events schedules and activities relating to the
Centre. In addition, the YM -YWCA Representative shall share during the months of
June, July and August, all summer programming with the Principal in order to
arrange scheduling of its summer cleaning and maintenance programs at the M.
Gerald Teed Memorial School to ensure adequate cleaning and maintenance.
4.3.4 The YM -YWCA, at its own expense, shall provide as follows:
4.3.4.1 Pay all costs associated with maintenance of the Centre and day to day
operation thereof, including but not limited to, energy consumption,
custodial staff, service staff and equipment;
4.3.4.2 Not modify the building, including interior and /or exterior elements,
without first having obtained Approval from the City and /or the Province.
This includes, but is in no way limited to, the installation of fixed furniture
and /or equipment, wall hangings, and painting. For greater certainty and
subject to paragraph 6.1.1.4, any modifications, alterations, maintenance,
repairs or rehabilitations need to be Approved by the City and /or the
Province.
4.3.4.3 Subject to paragraph 6.1.1.4, any modifications, alterations, maintenance,
repairs or rehabilitations not Approved by the City and /or the Province
will be returned to a state that is acceptable to the City and the Province,
at the sole expense, of the YM -YWCA;
4.3.4.4 Be responsible for the hiring, training and supervision of any Employee
hired to assist in providing Services;
4.3.4.5 Ensure that all Employees and Persons who otherwise perform any of the
Services are (i) questioned concerning their Relevant Convictions and (ii)
are required to complete and deliver to the YM -YWCA a criminal records
search form, or to consent to the performance of criminal records
searches by the Saint John Police Force or any other police enforcement
authorities;
4.3.4.6 Not permit the use of alcohol during scheduled activities or otherwise
bringing of alcohol on the premises of the Centre without prior Approval
of the Anglophone South School District;
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4.3.4.7 Not permit the use of non - prescriptive medication or illicit drugs
anywhere on the premises of the Centre;
4.3.4.8 Provide Employee contacts to respond to alarm, security system phone
calls;
4.3.4.9 Meet with Neighbourhood Improvement monthly to discuss
programming and community needs;
4.3.4.10 Be responsible to provide a written report on any hazardous conditions,
injury, accident or illness related to the Centre as soon as possible to the
City Representative or the Anglophone South School District or any staff
of Neighbourhood Improvement;
4.3.4.11 Comply with the requirements of the Official Languages Act, S.N.B. 2002,
c. 0 -0.5, or Change in Law;
4.3.4.12 Emergency exits must remain easily accessible and under no
circumstances can they be blocked by tables, chairs, walls, stages, people,
or any other form of equipment or furniture;
4.3.4.13 No unauthorized gas or propane equipment /fixtures may be used inside
the Centre. Any such material used outside of the Centre must adhere to
CSA approval standards;
4.3.4.14 Ensure that the appropriate guidelines for making a decision to report
sexual abuse of children are in place; and
4.3.4.15 Ensure that the Centre remains a non - smoking facility.
ARTICLE 5
SERVICES BY THE CITY
5.1 Responsibilities and Obligations of the City
5.1.1 The City, at its own expense, through its Neighbourhood Improvement, shall provide
as follows:
5.1.1.1 A City Representative during each Contract Year of the Terms; and
5.1.1.2 Limited free advertising with the Leisure Guide and /or City Web Page.
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ARTICLE 6
SERVICES BY THE PROVINCE
6.0 Responsibilities and Obligations of the Province
6.1.1 The Province, at its own expense, through its Anglophone South School District,
shall provide as follows:
6.1.1.1 Custodial services to the Centre on a daily basis based on biannual
meetings with the staff of YM -YWCA;
6.1.1.2 Monthly invoice to the YM -YWCA to cover custodial wages and energy
consumption;
6.1.1.3 Pay for any capital modifications, alterations, maintenance, repairs or
rehabilitations to the Centre;
6.1.1.4 When modifications, alterations, maintenance, repairs or
rehabilitations are required, allow the YM -YWCA to use their own
maintenance staff and /or seek other resources for minor work not to
exceed a value of One Thousand Dollars ($1,000.00), if the YM -YWCA
was responsible for the damages; and
6.1.1.5 Provide a minimum of two (2) weeks' notice to the YM -YWCA
Representative to request space within the Centre for special events
or any shorter period in the event of an emergency or unforeseen
circumstance. For greater certainty, the emergency or unforeseen
circumstance shall be determined by mutual consent between the
Parties respective representatives.
6.1.2 The Principal shall share on a monthly basis with the YM -YWCA Representative all
programs schedules, all special events schedules and activities relating to the M.
Gerald Teed Memorial School.
ARTICLE 7
PAYMENT MECHANISM
7.1 Harmonized Sales Tax and Goods and Services Tax
7.1.1 The YM -YWCA covenants and agrees that it will pay when due the full amount of
HST /GST properly exigible in respect of the fees for the Services to be provided by
YM -YWCA to the City pursuant to this Agreement.
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7.2 Annual Service Payments
7.2.1 Commencing on the Effective Date, and continuing for each Contract Year until the
Expiry Date, the City shall pay to the YM -YWCA in the manner set out herein the sum
of:
7.2.1.1 The fees for the Services in respect of such Contract Year in
accordance with section 7.3; and
7.2.1.2 HST /GST on the fees for the Services;
(collectively, for each Contract Year, the "Annual Service Payment ")
7.3 Payment of Annual Service Payments
7.3.1 Commencing on the Effective Date to December 31, 2013, the Annual Service
Payment shall be payable on the 1St day of July, 2013 in the amount of $78,232.00,
inclusive of HST /GST.
7.3.2 The Annual Service Payment for the Contract Year 2014 payable by the City to the
YM -YWCA shall be $79,405.00, inclusive of HST /GST, and shall be payable in
accordance with the following payment schedule (the "Payment Schedule -
2014"):
2014 January 1, 2014 $39,702.50
2014 July 1, 2014 $39,702.50
7.3.3 In the event that Common Council renews this Agreement for the Contract Years
2015 and 2016, the Annual Service Payments payable by the City to the YM -YWCA
shall be $80,596.00 and $81,804.00, respectively, all inclusive of HST /GST, and
payable in accordance with the following payment schedule (the "Payment
Schedule - 2015 & 2016 "):
2015 January 1, 2015 $40,298.00
2015 July 1, 2015 [$40,298.00
2016 January 1, 2016 [$40,902.00
2016 July 1, 2016 [$40,902.00
7.3.4 There shall be no other charges payable by the City under this Agreement to the YM-
YWCA other than the aforementioned Annual Service Payments noted in
subsections 7.3.1, 7.3.2 and 7.3.3 unless such other fees for the Services are first
Approved by the City.
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7.3.5 The City will endeavour to pay invoices when due to the YM -YWCA, but shall not be
required to pay interest on any late payments.
7.4 Chanee Reauests
7.4.1 The City or the YM -YWCA may, without invalidating this Agreement, at any time
during the Term, submit a Change Request to the other Party. Either Party shall
approve all reasonable Change Requests by the other Party in accordance with the
terms and conditions of this Agreement.
7.4.2 If either Party is unable to Approve a Change Request, it shall promptly notify the
other Party and provide reasons setting out why it cannot approve such Change
Request. In no event shall any such Change Request be deemed to have been
Approved and its terms and conditions incorporated into this Agreement until the
other Party has signified its acceptance of the Change Request in writing.
7.5 Notice of Change
7.5.1 The City shall promptly notify the YM -YWCA in writing if the City considers that any
notice, direction, requirement, request, correspondence, or other fact, event, or
circumstance comprises, requires, or results in a change to the cost of the fees for
the Services, and except with respect to insurances obtained and maintained by the
YM -YWCA with respect to the Centre or YM -YWCA operations, shall seek
instructions as to whether to proceed to implement such change which will impact
the fees for the Services (the "Notice of Change ").
7.6 Pricing for Changes
7.6.1 Where a Party's Change Request includes an increase or decrease in the scope of the
previously contemplated cost of the fees for the Services, the YM -YWCA shall set out,
in a Notice of Change, the proposed costs for the contemplated changes. The costs
for and in respect of such changes shall be agreed to between the Parties, acting
reasonably, within a reasonable period of time and in no event shall any such
Change Request, other than a Notice of Change with respect to insurances obtained
and maintained by the YM -YWCA for the Centre or YM -YWCA operations, be deemed
to have been Approved and its terms and conditions incorporated into this
Agreement until each Party has signified its acceptance of the Change Request in
writing.
7.6.2 The Parties acknowledge that any Change Request must be approved by (i) Common
Council or (ii) the City Manager and the YM -YWCA Representative where the costs
of such Change Request have been budgeted and approved by Common Council for
each such Contract Year.
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ARTICLE 8
INSURANCE AND INDEMNITY
8.1 YM -YWCA Liability Insurance
8.1.1 The YM -YWCA shall obtain and maintain, or shall cause other Persons performing
operations and activities under this Agreement on behalf of the YM -YWCA, to obtain
and maintain, at all times during the Term of the Agreement or any extension of
prolongation thereof, the following insurance:
8.1.1.1 Commercial general liability insurance against claims for bodily injury
(including death), property damage, including loss of use of property
without physical damage, and personal injury. This insurance shall cover
injury, loss or damage arising out of all operations and activities under
this Agreement by the YM -YWCA or any other Persons, or any other work
or services under this Agreement on behalf of the YM -YWCA. This
insurance shall be written on an occurrence basis and shall provide
coverage for premises, operations, broad form property damage,
contractual liability, employer's liability and non -owned automobile
insurance and shall include cross liability and severability of interests
provisions with respect to insureds under the policy or policies. The
policy or policies shall include the City and the Province, as additional
insureds with respect to liabilities arising out of the operations and
activities on behalf of the YM -YWCA under this Agreement. This
insurance may be organized as any combination of primary, umbrella
and /or excess liability insurance and shall be subject to a limit of not less
than five million dollars ($5,000,000.00) any one accident or occurrence
subject to a general aggregate limit of not less than five million dollars
($5,000,000.00) any one annual period; and
8.1.1.2 Automobile liability insurance covering owned, leased or operated
licensed motor vehicles used in connection with the operations and
activities of the YM -YWCA or any other Persons performing Services, or
any other work or services under this Agreement on behalf of the YM-
YWCA. This insurance may be organized as any combination of primary,
umbrella and excess liability insurance policies and shall be subject to a
limit not less than five million dollars ($5,000,000.00) combined single
limit for injury, death or property damage resulting from each accident.
8.1.2 The commercial general liability insurance obtained and maintained by the YM-
YWCA as set out in paragraph 8.1.1.1 shall be written in the names of the YM -YWCA,
the City and the Province and in the names of their respective directors, officers,
employees, servants and agents. The YM -YWCA may, at its sole and unfettered
discretion, elect to have this insurance cover, as Named Insureds, any of its
Subcontractors or any other Person performing Services, or any other work or
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services under this Agreement on behalf of the YM -YWCA or may elect to have any
such Subcontractor or Person obtain and maintain its own insurances with the
characteristics described in subsection 8.1.1 above.
8.1.3 The YM -YWCA shall duly and punctually pay, or shall cause its Subcontractors or
other Persons to duly and punctually pay, all premiums and other sums of money
payable for maintaining any such insurance as set out in subsection 8.1.1 and upon
request from the City and /or the Province will produce or cause to produce
evidence of such payment within fifteen (15) Business Days after receipt of any such
request from the City and /or the Province.
8.1.4 The YM -YWCA shall, upon request from the City and /or the Province, deliver to the
City and /or the Province, or its authorized representative insurance certificates
confirming the types and amounts of coverage described in subsection 8.1.1 in effect
at that time, the inception dates and expiration dates of each policy. Evidence of
renewal of such insurance, in the form of insurance certificate or certificates, shall
be delivered to the City and /or the Province within thirty (30) calendar days after
receipt of any such request from the City and /or the Province.
8.1.5 The insurance policies placed or caused to be placed by the YM -YWCA pursuant to
this section 8.1 shall operate as primary insurance with respect to the operations
and activities of the YM -YWCA or any other Persons performing Services, or any
other work or services under this Agreement on behalf of the YM -YWCA.
8.1.6 Each of the policies of insurance provided pursuant to this section 8.1 shall contain a
provision to the effect that the insurer will not cancel the policy prior to its
expiration, (with the exception of cancellation for non - payment of premium or
premium adjustment, for which fifteen (15) calendar days' notice shall be provided)
except after thirty (30) calendar days' prior written notice to the City and /or the
Province.
8.1.7 The YM -YWCA shall advise the City and /or the Province of any cancellation,
material deviation from the requirements set out in this section 8.1 or lapse of any
policies of insurance required to be provided by the YM -YWCA. If the YM -YWCA fails
to effect and keep such insurance in force, or should such insurance be in an amount
less than the amount required by this section 8.1, the City and /or the Province may,
upon written notice to the YM -YWCA, without assuming any obligation, effect such
insurance at the expense of the YM -YWCA. All outlays by the City and /or the
Province shall be payable by the YM -YWCA to the City and /or the Province within
thirty (30) calendar days after request from the City and /or the Province without
prejudice to any other rights and recourses of the City and /or the Province. No such
insurance taken out by the City and /or the Province shall relieve the YM -YWCA of
its obligations to insure under this section 8.1.
8.1.8 If the YM -YWCA fails to effect, or to cause other Persons to effect, and to keep the
insurance required pursuant to this section 8.1 in force and if any similar insurance
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maintained by the City and /or the Province or any of its Subcontractors shall then
be called into contribution notwithstanding subsection 8.1.5 above and, as a
consequence, the City's or the Province's or its Subcontractor's cost of effecting such
insurance increases, any such additional cost shall be payable by the YM -YWCA to
the City and /or the Province, not later than thirty (30) calendar days after
production by the City and /or the Province to the YM -YWCA of reasonable proof of
such additional cost, without prejudice to any other right of the City and /or the
Province with respect to the YM -YWCA failure to maintain insurance pursuant to
this section 8.1.
8.1.9 If applicable, the YM -YWCA shall maintain and in full force and effect during the
Term of this Agreement, coverage from WorkSafeNB and provide evidence of this
coverage to the City and the Province upon request.
8.2 Indemnification
8.2.1 Subject to subsection 8.2.2 hereof, but notwithstanding any other clauses herein, the
YM -YWCA shall indemnify and save harmless the City and /or the Province from all
Claims, or other proceedings by whomsoever claimed, made, brought or prosecuted
in any manner and whether in respect of property owned by others or in respect of
damage sustained by others based upon or arising out of or in connection with the
performance of this Agreement or anything done or purported to be done in any
manner hereunder, but only to the extent that such Claims, or other proceedings are
attributable to and caused by the YM- YWCA's negligence, errors or omissions.
8.2.2 In no event shall the YM -YWCA be obligated to indemnify the City or the Province in
any manner whatsoever in respect of any Claims, or other proceedings caused by
the negligence of the City or the Province, or any Person for whom the City or the
Province are responsible.
ARTICLE 9
TERMINATION AND DEFAULT
9.1 Termination for Default
9.1.1 The City or the Province may immediately terminate this Agreement upon giving
notice to the YM -YWCA where:
9.1.1.1 The YM -YWCA makes an assignment for the benefit of its creditors, is
declared bankrupt or commits an act of bankruptcy, becomes
insolvent, makes a proposal or otherwise takes advantage of
provisions for relief under the Bankruptcy and Insolvency Act (Canada)
or similar legislation in any jurisdiction, or any other type of
insolvency proceedings being commenced by or against the
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Consultant under the Bankruptcy and Insolvency Act (Canada) or
similar legislation;
9.1.1.2 The YM -YWCA breaches any material provision of this Agreement;
9.1.1.3 In the City's or the Province's reasonable opinion, the YM -YWCA, prior
to or after executing this Agreement, makes a material
misrepresentation or omission or provides materially inaccurate
information to the City or the Province;
9.1.1.4 The YM -YWCA undergoes a change of control which, in the reasonable
opinion of the City or the Province, adversely affects the YM- YWCA's
ability to satisfy some or all of its obligations under this Agreement;
9.1.1.5 The YM -YWCA subcontracts any provisions or parts or all of the
Services or assigns this Agreement without first obtaining the
Approval of the City and the Province;
9.1.1.6 In the City's or the Province's reasonable opinion, the YM- YWCA's acts
or omissions constitute a substantial breach of YM- YWCA's
obligations under this Agreement; or
9.1.1.7 The YM -YWCA fails to perform any other obligation under this
Agreement and such failure to perform continues for ten (10)
calendar days following the YM- YWCA's receipt of written notice from
the City or the Province.
The above rights of termination are in addition to all other rights of termination
available at law, or events of termination by operation of law.
9.2 Termination on Notice
9.2.1 The City and the Province reserve the right to terminate this Agreement, without
cause, upon thirty (30) calendar days' prior written notice to the YM -YWCA.
9.3 Obligations on Termination
9.3.1 The YM -YWCA shall, following the giving of a notice of termination by the City and
the Province hereunder or upon expiry of the Term, in addition to its other
obligations under this Agreement and at law:
9.3.1.1 Provide the City and the Province with a report detailing:
9.3.1.1.1 any information requested by Neighbourhood
Improvement pertaining to the provisions and
performance of this Agreement;
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9.3.1.1.2 execute such documentation as may be required by the
City and the Province to give effect to the termination of
this Agreement; and
9.3.1.1.3 comply with any other instructions provided by
Neighbourhood Improvement, Common Council or the
Provincial Representative.
9.4 Payment upon Termination
9.4.1 Without limiting the generality of Article 9, the YM -YWCA shall indemnify the City
and the Province for, and hold the City and the Province harmless against, all
additional costs, charges and expenses incurred by the City and the Province as a
consequence of the breach by the YM -YWCA of its obligations hereunder, including
without limitation, all costs incurred by the City and the Province in connection with
the operation and maintenance of the Centre.
9.5 Rights and Remedies
9.5.1 The express rights of termination in this Agreement are in addition to and shall in
no way limit any rights or remedies of the City or the Province under this
Agreement or Applicable Laws or otherwise, at law or in equity.
ARTICLE 10
DISPUTE RESOLUTION
10.1 Dispute Resolution Procedure
10.1.1 The Parties shall attempt to negotiate all Disputes in good faith.
10.1.2 In the event the Parties are unable through good faith negotiations to mutually
resolve any Dispute, controversy or claim arising out of, in connection with, or in
relation to the interpretation, performance or breach of this Agreement, such
Dispute, controversy or claim shall be referred to Dispute Resolution in accordance
with Schedule 4.
ARTICLE 11
YM -YWCA COVENANTS
11.1 Covenants
11.1.1 The YM -YWCA further covenants with the City and the Province as set out in this
Article 11.
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11.2 Notice by YM -YWCA
11.2.1 The YM -YWCA shall promptly notify the City Representative and the Provincial
Representative of any accident, defect, damage or deficiency which occurs or exists
in any part of the Centre which comes to the attention of the YM -YWCA, as soon as
possible.
11.3 Use
11.3.1 The YM -YWCA shall continuously use the whole of the Centre for purposes of
providing the Services.
11.4 Compliance with Laws
11.4.1 The YM -YWCA shall use and occupy and shall cause the Centre to be used and
occupied in compliance with all Applicable Laws and in a safe, careful and proper
manner.
11.5 Nuisance, Interference. Waste, Overloading
11.5.1 The YM -YWCA shall not cause or allow any act or thing which constitutes a nuisance
or which is offensive to the City or the Province.
11.5.2 The YM -YWCA shall keep the Centre free of debris and other items that might attract
rodents or vermin and free of anything of a dangerous, noxious or offensive nature
or which could create a fire, environmental, health or other hazard or undue
vibration, heat or noise.
11.5.3 The YM -YWCA shall not cause or allow any overloading of the floors of the Centre or
the bringing into any part of the Centre of any articles or fixtures that by reason of
their weight, use or size might damage or endanger the structure or any of the
Centre.
ARTICLE 12
MISCELLANEOUS PROVISIONS
12.1 Transfer
12.1.1 The YM -YWCA shall not sell, convey, charge, mortgage, pledge, encumber, assign,
transfer or otherwise dispose of whether by operation of law or otherwise
(collectively, a "Transfer ") any interest, in whole or in part, in and to the Centre,
this Agreement, and /or any other document, agreement or instrument relating to
any of the foregoing, without the prior Approval of the City and the Province, which
Approval may be arbitrarily withheld.
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12.1.2 No such approval shall be effective and no Transfer or other party shall acquire any
rights whatsoever in this Agreement or in the Centre, unless the prior written
Approval referred to in subsection 12.1.1 is granted by the City and the Province.
12.1.3 The YM -YWCA agrees that any Approval as aforesaid shall not release it from any or
all of the covenants or obligations contained in this Agreement and further agrees
that any such Approval shall not constitute a waiver or release of the necessity of
obtaining the City's and the Province's Approvals to any further transfer.
12.2 Strict Performance
12.2.1 The failure of the City or the Province to seek redress for any violation of or to insist
upon the strict performance of any of the terms, covenants or conditions of this
Agreement, shall not prevent a subsequent act, which would have originally
constituted a violation, from having all of the force and effect of an original violation.
12.3 Remedies Cumulative
12.3.1 No reference to or exercise of any specific right or remedy by the City or the
Province shall prejudice or preclude the City or the Province from exercising or
invoking any other remedy, whether allowed under this Agreement or generally at
law or in equity, and the express provisions of this Agreement as to certain rights
and remedies are not to be interpreted as excluding any other or additional rights
and remedies available to the City or the Province generally at law or in equity.
12.4 Survival of Obligations
12.4.1 All of the obligations, representations and warranties of the YM -YWCA accruing
hereunder during the existence of this Agreement or any renewal or extension
thereof shall survive the termination or expiration of the Term.
12.5 Force Majeure Event
12.5.1 Neither the City, or the Province, or the YM -YWCA, shall be responsible for any
Force Majeure Event or by any other cause which is unavoidable or beyond its
reasonable control. The Party whose performance of this Agreement is or may
reasonably be expected to be affected by a Force Majeure Event shall promptly
notify the other Parties of the existence of such circumstances and shall use its best
efforts to resume and complete performance. Whenever a Party is reasonably
certain that such a Force Majeure Event is likely to occur, it shall notify and consult
with the other Parties as soon as practicable. All time periods for the performance of
obligations hereunder shall be extended by a period corresponding to the time
period of any delay caused by the occurrence of a Force Majeure Event. This
provision shall not excuse the City from payment of the fees for the Services and
other amounts payable hereunder.
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12.6 No Waiver
12.6.1 No omission or delay by any Party in exercising any right, power or privilege
hereunder shall operate as a waiver thereof, nor shall any single or partial exercise
of such right, power or privilege preclude any other or further exercise thereof or of
any other right, power or privilege. The rights and remedies herein provided are
cumulative with and not exclusive of any rights or remedies provided by Applicable
Law.
12.7 Registration
12.7.1 The YM -YWCA agrees that it shall not register this Agreement or any notice or
reference in respect of this Agreement against title.
12.8 Counterparts
12.8.1 This Agreement may be executed in any number of counterparts. Any Party may
send a copy of its executed counterpart to the other Party hereto by facsimile
transmission or by electronic mail instead of delivering a signed original copy of
such counterpart. Each executed counterpart (including each copy sent by facsimile
transmission or electronic mail) shall be deemed to be an original and all such
executed counterparts taken together shall constitute one and the same agreement,
and notwithstanding the date of execution shall be deemed to bear the same date as
written above on this Agreement.
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IN WITNESS WHEREOF the City of Saint John has hereto fixed in its corporate seal
and caused these presents to be executed by its duly authorized officers in the manner
prescribed by the Municipalities Act, R.S.N.B. 1973, c. M -22, and amendments thereto, and
the YM -YWCA has caused these presents to be executed by its President and Chief
Executive Officer, and Her Majesty the Queen in Right of the Province of New Brunswick, as
represented by the Minister of Education and Early Childhood Development has caused
these presents to be executed as of the day and year first written above.
SIGNED, SEALED & DELIVERED
in the presence of:
Witness
146
THE CITY OF SAINT JOHN
Mel Norton, Mayor
Jonathan A. Taylor,
Common Clerk
Common Council Resolution:
[0], 2013.
THE SAINT JOHN YM -YWCA INC.
Shilo Boucher, C.A.
President and Chief Executive Officer
HER MAJESTY THE QUEEN IN
RIGHT OF THE PROVINCE OF
NEW BRUNSWICK
The Honourable Jody Carr,
Minister of Education and
Early Childhood Development
Page 129
PROVINCE OF NEW BRUNSWICK
COUNTY OF SAINT JOHN
I, SHILO BOUCHER, C.A., of the Town of Grand Bay - Westfield and Province of New
Brunswick, MAKE OATH AND SAY:
1. THAT I am the President and Chief Executive Officer ( "CEO ") of the Saint John
YM -YWCA Inc., and am authorized to make this affidavit and have personal
knowledge of the matters hereinafter deposed to.
2. THAT the seal affixed to the foregoing agreement and purporting to be the
corporate seal of THE SAINT JOHN YM -YWCA INC., is the corporate seal of the said
THE SAINT JOHN YM -YWCA INC., a party named in the foregoing instrument and it
was affixed by the officer authorized to so affix the seal.
3. THAT the signature " Shilo Boucher" subscribed to the said instrument is my
signature and as President and CEO I am duly authorized to execute the said
instrument.
4. THAT the said document was executed as aforesaid at the City of Saint John
in the Province of New Brunswick on the day of July, 2013.
SWORN TO before me at
Saint John, in the County of
Saint John and Province
of New Brunswick
the day of July
2013.
Commissioner of Oaths,
Shilo Boucher, C.A.
President and CEO
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Page 130
PROVINCE OF NEW BRUNSWICK
COUNTY OF YORK
I, , of the City of Fredericton, in the County of York, and
Province of New Brunswick, MAKE OATH AND SAY:
1. That the within Instrument was executed by the Honourable Jody Carr,
Minister of Education and Early Childhood Development for the Province of
New Brunswick.
2. That the signature of "Jody Carr" set and subscribed to the said Instrument is
the signature of the said Jody Carr and was subscribed thereto in my
presence.
SWORN TO before me at
Fredericton, in the County of York
and Province of New Brunswick
the day of July,
2013.
Commissioner of Oaths,
148
Service Agreement
Schedule 1
SCHEDULE 1
LETTER FROM ANGLOPHONE SOUTH DISTRICT
DATED APRIL 3. 2013 TO THE CITY
149
Service Agreement
SCHEDULE 2
PROPOSAL FROM YM -YWCA
DATED APRIL 2, 2013
150
Schedule 2
Service Agreement
SCHEDULE 3
Schedule 3
RECREATION AND PROGRAM SERVICES SPECIFICATIONS
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Page 1 -2-
1. INTRODUCTION
These Recreation and Program Services Specifications describe the Services that the YM-
YWCA shall provide at the Centre, as well as the minimum level of service delivery and the
standards to which the Services shall be delivered.
1.1 GENERAL
The YM -YWCA shall provide the following services to the following standards:
Program Services and Standards
152
Centre Hours of Operation
Description:
(52 week period)
The normal hours of operations of the Centre for Programs shall
be as follows:
a) Fall/ Winter/ Spring Operations:
- Monday to Friday, from 7:00 a.m. until 9:00p.m.
- Saturday, from 9:00 a.m. until 3:00p.m. (based on
community interest)
b) Summer Operations
- Monday to Friday, from 7:30 a.m. until 5:30 p.m.
The hours of operations in a) and b) above may be extended
based on room and facility rentals, partner supported
programming and special events.
General Description
a) The YM -YWCA shall provide Programs which are
recreational, cultural, health related and educational in
nature.
b) The YM -YWCA shall provide Programs at the Centre for all
ages, to be grouped as follows:
0 0 -5 years
0 6 -12 years
0 13 -17 years
0 18 -21 years
o Adults
o Seniors
Free Programs (core
Description:
programs)
a) The YM -YWCA shall offer night programs and weekend
programs for youth aged 5 to 17 years of age during the
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153
school year (fall / winter / spring season: 32 weeks).
Fee Based Programs
Description:
a) The YM -YWCA shall offer childcare, preschool and
afterschool programs.
b) The YM -YWCA shall provide summer day camps programs
for a minimum of 8 weeks during the summer months
(June - August).
c) The YM -YWCA shall provide community use of the Centre
through room and facility rentals without interfering with
free programs described above.
d) The YM -YWCA shall keep all revenues generated by the
rental of the Centre and use same towards the operation
of the Centre.
Other
Description:
a) There shall be a community stakeholder task force whose
function is to provide neighbourhood input into the
programs offered at the Centre.
b) The YM -YWCA shall work with other partners and
organizations to offer programs at the Centre.
c) The YM -YWCA shall leverage financial resources to
increase the scope of the services offered at the Centre.
d) The City shall appoint a City Representative to support the
Centre.
e) The YM -YWCA shall provide the City with access to the
Centre at no charge for emergency response shelter
services, community meetings and other activities which
the City may want to hold at the Centre from time to time.
Measurement Standards
Description:
a) The staff /youth participant ratio shall be 1:15 or in
accordance with child development standards as
prescribed by the Social Development division of the
Province of New Brunswick (if applicable).
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b) A staff person or qualified adult volunteer shall be
assigned to each activity room.
c) A registration and waiver liability form shall be completed
by all youth participating in the Centre's programming
and signed by their parent /guardian.
d) The YM -YWCA shall provide quantitative and qualitative
evaluations for programs and services and record total
daily attendance for overall Centre usage as well as
specific program attendance. All such reports shall be
submitted to the City Representative on a regular basis.
e) The YM -YWCA shall conduct an annual evaluation on the
yearly overall operation of the Centre and the City's
Representative shall take part in the evaluation process.
f) The YM -YWCA shall conduct annual and seasonal
evaluations of permanent and part -time staff respectively.
g) The YM -YWCA shall hire only persons having a recognized
early childhood education diploma or post- secondary
degree in a related field such as recreation, social work or
the equivalent as full time employees. The YM -YWCA will
hire leaders, instructors and supervisors having training
or experience compatible with the Programs for which
they are responsible.
h) The YM -YWCA shall train staff to the standards of High
Five, CS4L Model, National Coaching Certification, YMCA
Healthy Child Development Training or the equivalent.
i) The YM -YWCA shall adopt and follow the standards,
principles and practises of Youth SJ standards once these
standards are adopted by the City.
j) The YM -YWCA shall have in place and adhere to an
emergency accident plan to properly deal with injuries
which may occur as a result of someone participating in
the Centre's programming. In this respect, the YM -YWCA
shall maintain a records management system for incident
reporting, and make same available to the City upon
request.
154
Service Agreement
SCHEDULE 4
DISPUTE RESOLUTION PROCEDURE
A. Referral to Senior Management
Schedule 4
1. All Disputes arising out of, or in connection with, this Agreement, or in respect of
any legal relationship associated with or derived from this Agreement shall within
two (2) Business Days be referred for resolution to the City Manager, the Provincial
Representative and the YM -YWCA Representative.
If the City Manager, the Provincial Representative and YM -YWCA Representative are
not able to resolve the Dispute referred to them under this section A within seven
(7) Business Days following such referral, the matter shall be referred for resolution
by way of mediation upon the willingness of all Parties.
B. Mediation
Despite an agreement to mediate, a Party may apply to a court of competent
jurisdiction or other competent authority for interim measures of protection at any
time.
4. If the Parties resolve to mediate the Dispute referred to them under subsection B.3,
the Parties shall invoke the following mediation process:
a) The Parties shall immediately declare an impasse and provide written notice
to the other Parties within seven (7) Business Days thereof (or such other
period as the Parties mutually prescribe) declaring that such party wishes to
proceed to mediation and setting out in reasonable detail the issue(s) to be
resolved, the proposed time and a list of at least three (3) and not more than
five (5) proposed mediators. Each of the proposed mediators shall be an
individual:
(i) with at least ten (10) years' experience working in an executive
capacity or representing clients in the area of public disputes and /or
the related field of the Dispute, and
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Page 1 -2-
(ii) unless otherwise agreed by the Parties, with no prior connection,
affiliation or other formal relationship with the Parties.
a) Upon receipt of such notice, the notified parties shall have two (2) Business
Days to select one (1) of the proposed mediators as the mediator, failing
which the Party providing notice shall select one (1) of its proposed
mediators as the mediator. Within seven (7) Business Days following
selection of the mediator the matter shall be heard by the mediator.
b) The mediator shall be entitled to establish his or her own practices and
procedures. The Parties shall co- operate fully with the mediator and shall
present its case to the mediator orally and /or in writing within (10) Business
Days following the mediator's appointment. The mediation shall not be in the
nature of arbitration as contemplated by the Arbitration Act (1992), New
Brunswick, and the mediator's decision shall not be binding upon the Parties
but shall be considered as a bona fide attempt by the mediator to judiciously
resolve the Dispute. The decision of the mediator shall be rendered in a
written report, not to exceed two (2) pages in length, delivered to the Parties
within (10) Business Days following the last of such presentations. The fees
of the mediator shall be shared equally by the Parties.
S. The mediation shall be terminated:
a) By the execution of a settlement agreement by the Parties; or
b) By a written declaration of one of the Parties that the mediation is
terminated; or
C) By a written declaration by the mediator that further efforts at mediation
would not be useful.
6. The place of mediation shall be the City of Saint John and Province of New
Brunswick.
C. Arbitration
7. In the event that the Parties are unwilling to mediate their Dispute or that the
Dispute between the Parties remain unresolved after mediation has been attempted
in good faith, then either the City or the Province or the YM -YWCA, upon written
notice to the others, may refer the Dispute for determination to a Board of
Arbitration consisting of three (3) persons, one (1) chosen by and on behalf of the
City, one (1) chosen by and on behalf of the Province, one (1) chosen by and on
behalf of the YM -YWCA. Each of the proposed arbitrators shall be an individual with
at least ten (10) years' experience working in an executive capacity or representing
clients in the area of public disputes and /or the related field of the Dispute.
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Page 1 -3-
8. No one shall be appointed or act as arbitrator who is in any way interested,
financially or otherwise, in the conduct of the work or in the business or other
affairs of any of the Parties.
9. Notwithstanding the provisions of the Arbitration Act (1992), New Brunswick, the
Board of Arbitration, upon such terms and conditions as are deemed by it to be
appropriate, may allow a Party to amend or supplement its claim, defence or reply
at any time prior to the date at which the Parties have been notified of the
arbitration hearing date, unless the Board of Arbitration considers the delay in
amending or supplementing such statements to be prejudicial to a Party. The Board
of Arbitration will not permit a Party to amend or supplement its claim, defence or
reply once the arbitration hearing has been scheduled.
10. The Board of Arbitration may encourage settlement of the Dispute and, with the
written agreement of the Parties, may order that mediation, conciliation or other
procedures be used by the Parties at any time during the arbitration proceedings to
encourage settlement.
11. If, during the arbitration proceedings, the Parties settle the Dispute, the Board of
Arbitration shall, upon receiving confirmation of the settlement or determining that
there is settlement, terminate the proceedings and, if requested by the Parties,
record the settlement in the form of an arbitration award on agreed terms.
12. Subject to subsection C.13, any determination made by the Board of Arbitration
shall be final and binding upon the Parties and the cost of such determination shall
be apportioned as the Board of Arbitration may decide.
13. Any Party may appeal an arbitration decision to The Court of Queen's Bench of New
Brunswick: (i) on a question of law; or (ii) on a question of fact; or (iii) on a question
of mixed fact and law.
14. The place of arbitration shall be the City of Saint John and Province of New
Brunswick and the provisions of the Arbitration Act (1992), New Brunswick, shall
apply to the arbitration.
157
ANGLOPHONE SOUTH
S C H 00 L DISTRICT Office of the Superintendent
490 Woodward Avenue
Saint John, New Brunswick
E2K 5N3
April 3, 2013
Mr. Kevin Watson
Recreation Manager
City of Saint John
P.O. Box 1971
Saint John, NB E2L 4L1
Dear Mr. Watson:
This will confirm that the Anglophone South School District continues to support the decision of
the Saint John City Council to assign operational rights for the Millidgeville Community Center
to the Saint John YM/YWCA.
I understand that this allows the YM /YWCA to operate recreational, leisure and daycare
programs at the Center on a daily basis. I also understand that an agreement has been drafted
between the parties that will be in full force and effect until December 31, 2016.
Please contact me, if I may be of further service or assistance. Otherwise, I will assume this
letter completes the documentation you need from the Anglophone South School District.
Sincerely,
A
e Watson
Superintendent
/bw
cc: Jeff Hanson, Director of Finance and Administration
Gary Sullivan, Principal — Millidgeville North School
. PHONE: (506) 658 -53 J058 • FAX: (506) 658 -5399
Q
MILLIDGEVILLE COMMUNITY CENTRE
PROPOSAL FOR PARTNERSHIP
Building healthy communities April 2, 2013
159
i °.
Private & Confidential
April 2, 2013
Leisure Services
City of Saint John
Attention: Kevin Watson
Dear Kevin,
Saint John YMCA -YWCA
130 Broadview Ave.
Saint John NB E2L 5C5
Tel: (506) 634 -7720
Fax: (506) 634 -0783
www.saintjohnY.com
Please find enclosed the proposal for the Saint John Y to continue to operate the
Millidgeville Community Centre for the next four years as well as a proposal for financial
support.
On behalf of the Saint John YMCA -YWCA, we would like to thank the City of Saint John
for their support in the past and we look forward to a continuing this successful partnership.
The assistance we have received has enabled the Saint John Y to develop and increase
programming opportunities in these areas based on the needs of the community and to
continue serving members in a greater capacity. We truly have been able to build a stronger
community with your support. This is evident by the success of our kids and the praise of
the parents.
We trust that we have included all the information required to properly assess our current
and future direction, however, should you require additional information or clarification,
please do not hesitate to contact us.
Yours very truly,
Shilo Boucher, CA
President & CEO
.t
Adrienne Boudreau
Vice President, Wellness, Camping &
Community Centres
Table of Contents
ExecutiveSummary ........................................................................ ..............................1
OurMission ............................................................... ............................... 3
OurVision ................................................................. ............................... 3
OurVal ues ................................................................. ............................... 3
Uniquenessof the Y ....................................................... ............................... 3
MillidgevilleCommunity Centre ................................................... ..............................4
Appendix A — Board of Directors .................................................. ..............................6
AppendixB — Financials ................................................................. ..............................7
AppendixC — Programs Offered ................................................... ..............................8
AppendixD — Y Story ................................................................. ............................... 1
161
lv
Executive Summary
Background
The Saint John YMCA -YWCA has been serving the Saint John community for the past 158 years.
Throughout each generation, the Saint John Y has changed to reflect and respond to the needs in the
community. One of these changes is the growth and development of Saint John Y services and
programs delivered throughout the region including after school care in local schools, operating four
community centres and expanding our community outreach programs. These changes allows the Saint
John Y to extend its programs to all locations allowing families to find true value in being a member of
the YMCA and become healthy active citizens.
It is a place where both youth and adults become physically active, meet new people and learn new
skills. The Saint John YMCA -YWCA is open to all and stands by its mission and core values. The
Saint John Y is building healthy communities.
The Present
The Saint John Y today...
• Over 12,000 men, women and children participate in Y programs. Over 30% of members
are children and youth.
• Approximately 1 in 5 Y members is financially assisted, ensuring that the Y is open to
everyone.
• 13 licensed child care and after school centres are available to provide care for preschoolers
and school aged children while parents are at work
• More than 2,700 children gain values and skills through the summer day camp and
residential camping programs.
• Youth programming provides adolescents with a safe, fun experience while instilling
community values.
• Employment and Settlement Services provide training and support so unemployed
individuals can acquire job skills and find work; new immigrants can learn English and
begin to feel part of our community. Adults can learn computer skills and young
entrepreneurs get the support they need to start a new business.
• Over 450 volunteers provide more than 6,200 hours of service at the Y and 600 donors
support the work of the Y in our annual fundraising campaign, Strong Kids.
i
162
lv
The Future
Although the Saint John Y is doing great things in the community, it is felt that we can reach out to even
more children, youth, teens, adults and families once a new facility is built. A new facility along with
growth at all of our centres is the key priority of the Board of Directors of the Saint John Y (See
Appendix A). The new Saint John Y, located on Churchill Boulevard, will be completed by 2014 and
will have a Wellness Centre for children and adults. The facility will have a special focus on families
and will house a recreational aquatic component, a multi -use gymnasium, a fitness centre, 2 community
rooms, locker rooms, a child care centre, instructional rooms and an outdoor play area. This physically
accessible facility will serve men, women and children of all abilities. The facility will be a focal point
for north end residents and a gathering place for families from the surrounding communities. This
facility will complement our programs and services already offered in communities such as
Millidgeville, Forest Hills, Martinon and Quispamsis.
We believe providing programs close to home is essential to the success of our community, which is
why we are requesting a grant of $78,232 to operate the Millidgeville Community Centre. We would
like to secure this annual operating grant for 4 years with a 1.5% cost of living increase to ensure the
outcomes we are seeing continue to occur well into the future for these two communities. (See
Appendix B for Financials)
z
163
lv
Our Mission
The Saint John Y is a charity, open to all, dedicated to providing programs and services to help
individuals, families and communities grow and develop in spirit, mind and body.
Our Vision
The Saint John Y is a leader in community collaboration and partnership dedicated to the well -being of
individuals, families and their communities
Our Values
Respect Enrichment Accessibility Caring Honesty
Uniqueness of the Y
The purpose of Y membership is to involve individuals and families of all backgrounds and abilities in
the Y so that they can grow healthier in spirit, mind and body, and develop a sense of responsibility to
each other and the global community. This is accomplished by providing members with opportunities
to participate, volunteer and donate in a Y values based environment. The themes of belonging,
serving, leading and renewing are fundamental to the nature and core of a Y.
A Y Membership is unique because the purpose of the organization is charitable and this is reflected in
the values of the programs. The Y centers on serving individuals and families of all ages from all walks
of life, backgrounds and abilities. Memberships have an open- access policy, and the Y involves
volunteers at all levels, provides a variety in programming to meet the needs of many, and endeavours
to be a leader in the community through partnerships with both profit and non - profit organizations. The
Y recognizes that physical activity, a sense of belonging and involvement are keys to enhancing all
determinants of health in adults, youth and children.
Being open to all, creating social cohesion and integration, encouraging growth & tolerance, providing
choice, comfort and acceptance to all helps the Y become a model of a horizontal organization that
helps to create a more civil society.
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Millidgeville Community Centre
Meeting the Community Needs
Since September of 2004, the Saint John YMCA -YWCA (herein referred to as the "Y ") has been
operating the Millidgeville Community Centre at M. Gerald Teed School. The Y has embraced the
community and the Centre incorporating the Y values and quality programming. Growth has occurred
not only in programming but also in the number of families we serve and the community support we
have gained. The Y has entered its eighth year of operating the Millidgeville Community Centre and in
2011 it has served over 5800 participants. Each year the Y expands its programs and continues to reach
more people in the community.
In 2010 the Y opened a 43 space licensed Child Care Centre to meet the needs of growing families in
the Millidgeville area. The centre has been well received and has now reached capacity to the point
where we will look to expand our programs even further. Along with the After School Program, the
centre welcomes over 100 children each day in child care programs.
The Millidgeville Community Centre is an important recreational site for the community. Each year
residents have enjoyed an increasing amount of activities for families and people of all ages participate.
From child care programs, drop in programs and health and recreation; the Millidgeville Community
Centre has provided the people of Millidgeville with a safe and positive environment. A listing of all
our programs offered at the Centre can be found in Appendix C.
The Millidgeville Community Centre is in a growing community. The programs the Y offers give the
community the opportunity to take part in various activities whether it be fitness for the seniors or fun,
active, and educational programs for the children in their own community. These activities help keep the
children off the streets, teaches them leadership skills, a sense of community and most importantly the
opportunity to have fun in a safe structured environment. The Y programs are open to all and people
outside of Millidgeville also get the opportunity to come and see what the centre has to offer. In 2011,
the Millidgeville Community Centre provided over $4,000 in financial assistance to participants in our
programs allowing access to all. Having programs that the people can access in their own community
benefits them as well as the community centre.
The Saint John Y has been involved with the development of youth through leadership development
training, camping experiences, volunteer activities and youth exchanges. Through the Millidgeville
Community Centre the Y will continue to provide youth and teens a place to gather, a place to foster
learning and a place to develop future community leaders.
The Y continued the programs which were once offered in Millidgeville such as after school, morning,
pre /play school, senior programs and day camps. Our Seniors Fitness programs have become so
successful we have added three more classes each week and taken on additional space at Saint John the
Baptist and Saint Clement Church to accommodate all of the community's needs. We have built upon
existing programs and introduced, along with our full day Child Care Centre, Specialty Day Camps,
4
165
Friday night dances and drop -ins, ball hockey, basketball, Halloween Howl, Dancezone, Mill Rats
training camps, Adult Volleyball League and more.
As we move into the future and having filled the centre from 7am -6 pm weekly, the Y would like to
look at running similar programs as the Forest Glen Community Centre by offering free youth programs
in the evenings to revitalize the youth component and be full from 7am -9pm. We would like to look at
offering free drop in programs with transportation as an option to remove any barrier that may prevent
youth from attending. With this model 60% of the youth programs offered would be at no charge to
participants.
The Millidgeville Community Centre continues to be a success for both the City of Saint John and the
Y. For the City, it meets the departments mandate of providing recreation opportunities to the
community at a relatively low cost. For the Y, we continue to build healthy communities and are able
to provide capital investments in the centre and ensure new accessible equipment is available.
The Proposal
The Saint John Y proposes to continue to operate Millidgeville Community Centre for the next four
years with the option for both parties to have a written notice clause for extension of another four years.
The Y will continue to provide all programs currently offered, as well as provide any additional
programs that are identified by the community. We have met our last commitment by opening a full
day child care centre and would now like to concentrate on revitalizing youth programs within this area.
As part of our contract with the City of Saint John, the Saint John Y is requesting a grant to cover the
cost of renting the facility and offering free youth programs in the amount of $78,232 each year with an
annual increase of 1.5 %. The rental of the facility covers cleaning, maintenance, heat, lights and
electricity.
The following should be considered in the contract between the Saint John Y, the City of Saint John and
School District 8:
o A request for an annual meeting with the head custodian should be built into the contract to
ensure all parties needs are being met.
o The Saint John YMCA -YWCA does require daily cleaning of 5 hours per day, which should
be spread out during the day to meet the needs of the Centre. When the custodian assigned
to the community centre is out sick or on vacation a replacement will be provided with no
interruption in service.
o Any issues identified by the custodians should only be communicated to the Director of the
Community Centre.
o As the Community Centre is part of the school, the Saint John YMCA -YWCA is aware that
the gymnasium is shared with the school. Notice of at least 2 weeks should be provided to
the Director of the Centre when the agreed upon schedule changes. If notice cannot be given
then alternate space must be provided or an agreed upon solution identified.
o All capital costs deemed necessary for the safe delivery of any programs are the
responsibility of the City of Saint John and/or School District 8.
o Description of the space that the Y occupies in the Community Centre.
5
166
1`I
Appendix A —Board of Directors
Dean Mullin — Chair
Dr. Shelley Rinehart — 1st Vice Chair /Secretary
Craig Wilson — Treasurer
Alyson Townsend — Past Chair
Christine Comeau
Kevin Condon, CMA FCMA
Christine Fagan
Daniel Hickey
Eric Savioe
Gillian Bouzane
Dora Nisinski
Christina Taylor
Susan Tipper
Alberta Stanton
David Legassick
6
167
Appendix B — Financials
Year
Grant Amount
2013
$78,232
2014
$799405
2015
$80,596
2016
$81,804
The grant for 2013 has allocated for operational expenditures as follows:
2013 Grant
Wages & Benefits
Facility Cost /Rent
$68,135
Programming Expense
$7,097
Telephone & Advertising
$1,500
Insurance /Trainin s /Fees
$1,500
Total
$78,232
** New **
Enhanced free programming would run with the Y's session structure and similar to the school year
from September to June. Programs would be free for all and geared towards youth ages 6 -17 years of
age and provide them daily with both active and social /cultural activities. Programs would run weekday
evenings, afterschool until 9pm and Saturdays from 9 -3pm. Programming would also consist of
participation in weekly inter centre opportunities within our Y but also in collaboration with the City of
Saint John, Boys and Girls Club and ONE Change Program creating a dynamic program structure and
unified group of the City of Saint John's youth serving organization.
.:
,v
Appendix C — Programs Offered
Millidaeville Community Centre
Fee for Service Programs
MORNING CARE
Ages 5 - 12 Years Monday — Friday ........... ...........................7:00 — 9:00 am
PLA YSCHOOL
For 3 year olds Monday - Friday ........... ...........................9:00 — 12:00 pm
CHILDCARE
Monday — Friday ....... ...........................7:30 am — 5:30 pm
AFTERSCHOOL PROGRAM
For 5 — 12 year olds Monday — Friday .......... ...........................1:50 — 6:00 pm
FULL DA YAFTERSCHOOL PROGRAM
The 'Y' provides programs for children during the school professional development days and
on snow days. Children enjoy a wide variety of activities on these days. Children are asked to
bring a lunch, drinks and snacks. This service is also available to children not registered in the
Afterschool Program. This program is on a first come first serve basis.
Monday — Friday .... ...........................7:00 am — 6:00 pm
Summer Programs
Day Camps (ages 5 to 12) Our
camps run 5 days a week from 7:30am to 5:30pm for 10 weeks during the summer. We offer
a variety of camps from cooking camp to senior adventure.
Specialty Programs
SENIOR FITNESS CLASSES
Come join us on Mondays, Wednesdays and Fridays for 60 minutes of low impact aerobics,
muscular strength, endurance and flexibility exercises. Get a great workout and meet many
wonderful people.
Mondays, Wednesdays, Fridays ........... ...................9:30- 10:30am or 10:30- 11:30am
s
169
1`I
* *New **
Enhanced Free Drop In Programs
3:30- 5:30pm
3:30- 5:30pm
3:30- 5:30pm
ASP Youth
ASP Youth
ASP Youth
Leadership
Leadership
Leadership
(Ages 12 -15)
(Ages 12 -15)
(Ages 12 -15)
7:00- 8:OOpm
6:30- 8:30pm
6:30- 8:30pm
Ball Hockey
Youth Basketball
Youth Basketball
(Ages 6 -12)
(Ages 6 -17)
(Ages 6 -17)
3:30- 5:30pm
ASP Youth
Leadership
(Ages 12 -15)
6:00- 8:OOpm
Youth Soccer
(Ages 6 -17)
3:30- 5:30pm
ASP Youth
Leadership
(Ages 12 -15)
6:30 -9:30
Dances/
Youth Night
(Ages 6 -12,
13 -17)
6:30- 9:OOpm 6:30- 9:OOpm 6:30- 9:OOpm 6:30- 9:OOpm 6:30- 9:OOpm
Games & Crafts Games & Crafts Games & Crafts Games & Crafts Games & Crafts
Room
Room
Room
Room
Room
(Ages 6 -12,
(Ages 6 -12,
(Ages 6 -12,
(Ages 6 -12,
(Ages 6 -12,
13 -17)
13 -17)
13 -17)
13 -17)
13 -17)
9:00 -10:00
Preschool Body
Rock
(Ages 3 -5)
10:00 -12:00
Sports Galore
(Ages 6 -12)
10:30 -12:00
Kids in the
Kitchen
(Ages 6 -12)
1:00 -3:00
Science /Art
(Ages 6 -12)
1:00 -3:00
Open Gym
(Ages 13 -17)
10:00 -3:00
Games & Crafts
(Ages 6 -12,
13 -17)
"Transportation available Tuesday & Wednesday evenings"
9
170
Appendix D — Y Story
Finding Declan
Being the parent of a special needs child brings with it many of the
same emotions and concerns as parents of typically healthy children.
Love, happiness, worry, excitement and hope to name a few. But with a
child whose needs are not yet fully understood many more adjectives
comes into play. Worry, fear, panic, again to name just a few.
When the time came for Declan to go to school, this father was a
complete wreck. He would be away from Daddy on a daily basis for
longer than he has ever been away. Declan had done two years of pre-
school, where he did well under the help of an aid. However there were
concerns moving forward. He was a very independent child when it
came to play and integration. In the two years he was in pre - school he
never engaged another child for play, preferring to interact with the
adults, only when he needed assistance. I had never once been told of
Declan sitting and playing with another child or adult for play.
As we moved to school it was apparent that daycare was going to be needed while I worked. The decision was
made with my better half that Declan would in fact go to the YMCA at the Millidgeville Community Centre
for daycare for afterschool care. After our first meeting with Jocelyn, meeting the staff and seeing the kids, all
of my panic, was gone.
When there were concerns about no funding for an AID for Declan, Jocelyn fought for Declan and Matt as if
they were her own children. When Declan joined he was a kid who did his own thing. The staff made sure to
encourage group play, while allowing him to explore and play on his own. When Declan seemed to respond
more to a particular staff member, they made sure that person is who Declan spent most of his time with.
Seeing all this helped alleviate my worries.
However this year something has happened. Something I never thought I would see. My son has started to
participate. He has started to want to interact with the other children. He is now engaging not just the staff, he
is now playing with the kids. He still likes to do his own adventuring, but the fact that he is now more chatty
than he has ever been, more playful than he has ever been makes him just one of the kids. All of my fears
have vanished.
The staff at the YMCA as a collective is a special group. Every day the children are greeted with hugs, they
talk to the kids, not at them. They encourage, motivate, teach, and most importantly, they genuinely love what
they do. As anyone can see on the faces of every child in there, not just Declan's. But when it really hits home
is at the end of the day, when we are eating dinner or getting ready for the bed, and Declan asks when he can
go back again. And every night I tell him, "tomorrow my son ", the smile that follows is the only thing needed
to know that one of the best decisions I ever made, was to enroll him in the daycare program at the YMCA.
All this father can say is Thank you, for helping my son open up and find himself.
Robert Parsons
171
172
Schedule 3
Recreation and Program Services Specifications
1. INTRODUCTION
These Recreation and Program Services Specifications describe the Services that the YMCA shall provide
at the Millidgeville Community Centre (MCC), as well as the minimum level of service delivery and the
standards to which the Services shall be delivered.
1.1 GENERAL
The YMCA shall provide the following services to the following standards:
Program Services and Standards - Millidgeville Community Centre (MCC)
173
Community Centre Hours of
Description:
Operation (52 week period)
The normal hours of operations of the Centre for Programs shall be as
follows:
a) Fall / Winter / Spring Operations:
- Monday to Friday, from 7:OOam until 9:OOpm
- Saturday, from 9:OOam until 3:OOpm (based on community
interest)
b) Summer Operations
- Monday to Friday, from 7:30am until 5:30pm
The hours of operations in a) and b) above may be extended based on
room and facility rentals, partner supported programming and special
events.
General Description
a) The YMCA shall provide Programs which are recreational,
cultural, health related and educational in nature.
b) The YMCA shall provide programs at MCC for all ages, to be
grouped as follows:
0 0 -5 years
0 6 -12 years
0 13 -17 years
0 18 -21 years
o Adults
o Seniors
Free Programs (core
Description:
programs)
c) The YMCA shall offer night programs and weekend programs for
youth aged 5 to 17 years of age during the school year (fall /
winter / spring season: 32 weeks).
Fee Based Programs
Description:
a) The YMCA shall offer childcare, preschool and afterschool
programs.
b) The YMCA shall provide summer day camps programs for a
minimum of 8 weeks during the summer months (June —August).
c) The YMCA shall provide community use of the Millidgeville
Community Centre through room and facility rentals without
interfering with free programs described above.
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Schedule 3
Recreation and Program Services Specifications
174
d) The YMCA shall keep all revenues generated by the rental of the
Millidgeville Community Centre and use same towards the
operation of the Centre.
Other
Description:
a) There shall be a Community Stakeholder Task Force whose
function is to provide neighbourhood input into the programs
offered at the Centre.
b) The YMCA shall work with other partners and organizations to
offer programs at the centre.
c) The YMCA shall leverage financial resources to increase the scope
of the Services offered at the Centre.
d) The City of Saint John shall appoint a staff liaison to support the
Centre.
e) The YMCA shall provide the City with access to the centre at no
charge for Emergency Response Shelter Services, Community
Meetings and other activities which the City may want to hold at
the Centre from time to time.
Measurement Standards
Description:
a) The staff /youth participant ratio shall be 1: 15 or in accordance
with child development standards as prescribed by the Social
Development division of the Province of New Brunswick (if
applicable).
b) A staff person or qualified adult volunteer shall be assigned to
each activity room.
c) A registration and waiver liability form shall be completed by all
youth participating in the Centre's programming and signed by
their parent /guardian.
d) The YMCA shall provide quantitative and qualitative evaluations
for programs and services and record total daily attendance for
overall centre usage as well as specific program attendance. All
such reports shall be submitted to the City liaison on a regular
basis.
e) The YMCA shall conduct an annual evaluation on the yearly
overall operation of the Centre and the City's Liaison(s) shall take
part in the evaluation process.
f) The YMCA shall conduct annual and seasonal evaluations of
permanent and part -time staff respectively.
g) The YMCA shall hire only persons having a recognized early
childhood education diploma or post- secondary degree in a
related field such as recreation, social work or the equivalent as
full time employees. The YMCA will hire leaders, instructors and
supervisors having training or experience compatible with the
programs for which they are responsible.
h) The YMCA shall train staff to the standards of High Five, CS41L
Model, National Coaching Certification, YMCA Healthy Child
Development Training or the equivalent.
i) The YMCA shall adopt and follow the standards, principles and
174
Schedule 3
Recreation and Program Services Specifications
175
practises of Youth SJ standards once these standards are adopted
by the City.
j) The YMCA shall have in place and adhere to an Emergency
Accident Plan to properly deal with injuries which may occur as a
result of someone participating in the Centre's programming. In
this respect, the YMCA shall maintain a records management
system for incident reporting, and make same available to the
City upon request.
175
REPORT TO COMMON COUNCIL
M &C 2013 -155
July 15, 2013
His Worship Mayor Norton
And Members of Common Council:
Your Worship and Councillors:
fin
The City of Saint john
SUBJECT: Boys and Girls Club Grant Funding Proposal — Provision of Recreation
Programs and Services at the South End Community Centre &
Unconditional Grant for the Boys and Girls Club
BACKGROUND:
The South End Community Centre (SECC) is located in the St. John the Baptist - King Edward
School. The building is owned by the Province of New Brunswick, Anglophone South School
District. The Centre was directly operated by the City of Saint John as a Community Centre
from 1976 to 2002, at which time the City of Saint John entered into an agreement with the Boys
and Girls Club to provide programs and services.
The Boys and Girls Club currently has a direct agreement with the Anglophone South School
District to occupy this facility for the purpose of providing recreational programs and services to
the community. The City of Saint John continues to provide funding in support of the Boys and
Girls Club's programs and services at the South End Community Centre.
The City of Saint John also supports the Boys and Girls Club located at 1 Paul Harris Street
through the provision of an unconditional grant as part of the City's annual budgeting process.
City staff have been working with the Boys and Girls Club on renewing the SECC agreement
and unconditional grant process and is recommending the attached service agreement for
Common Council's approval (Appendix A).
ANAT ,VCTC
City staff met with the Boys and Girls Club to request a proposal be submitted that included the
request for City support needed to operate the SECC, as well as the annual unconditional grant
request in support of the club operations located at 1 Paul Harris Street.
176
The summary points of the terms of this agreement are as follows;
1) The agreement shall be for a two year period (January 1, 2013 to December 31, 2014)
with an option to renew, subject to Common Council's approval, for an additional two
years.
2) The agreement will provide an annual increase in funding of 1.5 %.
3) The Boys and Girls Club shall provide the program and services in a timely, competent
manner.
4) The Boys and Girls Club shall hire, train and supervise competent staff and volunteers to
carry out the program and services.
5) The Boys and Girls Club shall conduct a survey to determine the needs of the community
and will modify programs and services as community needs change.
6) The Boys and Girls Club shall provide the necessary insurance policy as per the City of
Saint John requirements and will provide the City with a certificate of insurance.
7) The Boys and Girls Club will offer free based programming for youth in addition to the
existing fee based programming at the Community Centre.
8) As the Anglophone South School District and the Boys and Girls Club have entered into
a direct agreement for occupancy and use of the South End Community Centre, city staff
recommends the proposed grant from the City to the Boys and Girls Club will remain in
force for the term outlined unless the Boys and Girls Club and School District direct
agreement is terminated.
City staff will continue to work closely with the Boys and Girls Club in program and service
development to meet the needs of this community. An annual review process with city staff and
the Boys and Girls Club will occur to ensure the agreement obligations are met.
FINANCIAL IMPLICATIONS
The proposal from the Boys and Girls Club outlines a level of service for 2013 at a cost of
$85,666.00 in support of the SECC and an unconditional grant of $38,570.00 in support of the
Club operations at 1 Paul Harris Street; for a total grant request of $124,236.00. The 2013
budget approved by Common Council will support the proposed agreement with the Boys and
Girls Club.
The financial implications for the duration of the agreement are:
2013 - $85,666.00 (SECC) + $38,570.00 (unconditional grant) = Total $124,236.00
2014 - $86,951.00 (SECC) + $39,149.00 (unconditional grant) = Total $126,100.00
*2015 - $88,255.00 (SECC) + $39,736.00 (unconditional grant) = Total $127,991.00
*2016 — $89,579.00 (SECC) + $40,332.00 (unconditional grant) = Total $129,911.00
( *optional renewal period)
The above figures are based on a 1.5% annual increase in budget that will require Common
Council's approval for the annual budget process.
177
RECOMMENDATIONS
Staff recommends that the following resolution be adopted by Common Council in order to
approve the execution of the Service Agreement with the appropriate terms and conditions as
follows:
(a) To approve the submitted text of the Service Agreement between The City of
Saint John and the Saint John Boys and Girls Club, to operate the South End
Community Centre in order to provide recreational programs for a period of two
(2) years ending December 31St, 2014, and the option to renew the said agreement,
subject to Common Council's approval, for an additional two (2) years ending
December 31St, 2016, the text of which accompanies the City Manager and the
Deputy Commissioner of Parks & Public Spaces correspondence in this matter to
Common Council, dated July 15, 2013; and
(b) That the Mayor and Common Clerk be authorized to execute the Service
Agreement.
Respectfully submitted,
Kevin Watson, B.P.E.
Manager, Neighbourhood Improvement & Recreation Programming
AZ/071", �
Michael Hugenholtz, P. Eng.
Deputy Commissioner, Parks & Public Spaces
J. Patrick Woods, CGA
City Manager
178
THIS SERVICE AGREEMENT (the "Agreement ") made in triplicate this day
of July, 2013 (the "Execution Date ").
BETWEEN:
THE CITY OF SAINT JOHN, having its offices at the City
Hall Building at 15 Market Square, Saint John, New
Brunswick, a body corporate by Royal Charter,
confirmed and amended by Acts of the Legislative
Assembly of the Province of New Brunswick,
hereinafter called the "City"
OF THE FIRST PART
-and-
THE BOYS AND GIRLS CLUB OF SAINT JOHN INC., a
corporation incorporated under the laws of the
Province of New Brunswick, having its registered office
in Saint John, and Province of New Brunswick,
hereinafter called the "BOYS AND GIRLS CLUB"
OF THE SECOND PART
WHEREAS Her Majesty the Queen in Right of the Province of New Brunswick, as
represented by the Minister of Education and Early Childhood Development (the
"Minister "), is the owner of the King Edward School located at 210 Wentworth Street, Saint
John, New Brunswick;
AND WHEREAS the South End Community Centre forms part of the King Edward School
located at 210 Wentworth Street, Saint John, New Brunswick;
AND WHEREAS the Boys and Girls Club has entered into an agreement with the
Anglophone South School District to occupy the South End Community Centre for the
purposes of providing childcare services and recreational programs to the Saint John
community, identified as such in Schedule 1;
AND WHEREAS the Superintendent of the Anglophone South School District, Zoe Watson,
provided a letter dated April 3rd, 2013 to the City which supports the decision to assign the
operational rights for the South End Community Centre to the Boys and Girls Club,
identified as such in Schedule 2;
179
Page 1 -2-
AND WHEREAS the Boys and Girls Club submitted to the City a Proposal dated February
281h, 2013 for the provision of the Services at the South End Community Centre which
proposal the City has accepted;
AND WHEREAS the City desires to enter into this Agreement with the Boys and Girls Club
in order to operate the South End Community Centre to provide child care services and
recreational programs to the Saint John community for a period of two (2) years with the
option to renew this Agreement for an additional two (2) years;
AND WHEREAS Common Council on , 2013 resolved that:
(a) [• Enter Resolution]
NOW THEREFORE THIS AGREEMENT WITNESSES that in consideration of the mutual
covenants and agreements hereinafter contained and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties
covenant and agree as follows:
ARTICLE 1
INTERPRETATION AND GENERAL PROVISIONS
1.1 Defined Terms
When used in this Agreement, the following words or expressions have the
following meanings:
a) "Agreement" means this Agreement and all accompanying Schedules;
b) "Anglophone South School District" means the Anglophone school district
for the southern portion of New Brunswick, located at 490 Woodward
Avenue, Saint John, New Brunswick, E2K SN3;
C) "Annual Service Payments" means the annual service payments which the
City is required to pay the Boys and Girls Club in accordance with section 6.2;
and "Annual Service Payment" has a corresponding meaning;
d) "Applicable Laws" mean all applicable requirements, laws, statutes, codes,
acts, ordinances, orders, decrees, injunctions, by -laws, rules, regulations,
official plans, permits, licences, authorisations, directions, and agreements
with all Governmental Authorities that now or at any time hereafter may be
applicable to either this Agreement or the terms and conditions or any part
of them set out in this Agreement;
e) "Approved" or "Approval" or "Approve" or "Approvals" and similar
expressions means approval or consent in accordance with the procedures
set out in section 1.11 unless otherwise provided herein;
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Page 1 -3-
f) "Boys and Girls Club Address" means 1 Paul Harris Street, P. 0. Box 2441,
Saint John, New Brunswick, E21, 3V9, Telephone: 506.634.2001, Fax:
506.648.0804;
g) "Boys and Girls Club Representative" means the person designated by the
Boys and Girls Club;
h) "Business Day" means a day other than a Saturday, Sunday or statutory
holiday under the laws of Canada or the Province of New Brunswick or a civic
holiday proclaimed by the City; and "Business Days" shall have a
corresponding meaning;
i) "Centre" means the South End Community Centre located at 210 Wentworth
Street, Saint John, New Brunswick, and forms part of Parcel Identifier:
00002550;
j) "Change in Law" means the coming into effect or repeal (without re-
enactment or consolidation) in New Brunswick of any Applicable Laws, or
any amendment or variation of any Applicable Laws, including any judgment
of a relevant court of law, board, arbitrator or administrative tribunal, which
changes binding precedent in New Brunswick in each case after the date of
this Agreement;
k) "Change Request" means a written request prepared by either Party:
i) To revise, alter or modify the Services;
ii) To add new work, services or materials in addition to that provided
for in this Agreement; or
iii) To dispense with, delete, reduce or change the requirements and /or
scope or extent of all or any portion of the Services;
provided, however, that no Change Request shall be implemented unless and
until it has been Approved by the City and the Boys and Girls Club, each
acting reasonably;
1) "City" means The City of Saint John, New Brunswick;
m) "City Address" means 15 Market Square, City Hall, Saint John, New
Brunswick, E2L 4L1, Telephone: 506.658.2862, Fax: 506.674.4214;
n) "City Manager" means the city manager of the City appointed by resolution
of Common Council, or his designate;
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Page -4-
o) "City Representative" means the city representative designated by the City
Manager or the Commissioner of Growth & Community Development
Services or the manager of Neighbourhood Improvement;
p) "Claims" means any actual or threatened loss, liability, cost, charge, interest,
claim, demand, allegation, action, cause of action, proceeding, suit,
assessment, reassessment, proposed assessment or reassessment, damage,
demand, expense, levy, tax, duty, judgment, award, fine, charge, deficiency,
penalty, court proceeding or hearing cost, amount paid in settlement,
Encumbrance, and /or tangible and intangible property right (including all
costs and expenses relating to the foregoing, including legal and other
professional adviser and expert fees and expenses), and whether arising by
contract, at common or statute law, in tort (including negligence and strict
liability), in equity, in property or otherwise of any kind or character
howsoever, and howsoever arising; and "Claim" means any one of them;
q) "Commencement of Services" has the meaning ascribed thereto in section
4.1;
r) "Common Clerk" means the common clerk or the assistant common clerk of
the City or the designated person appointed by resolution by Common
Council;
S) "Common Council" means the elected officials of the City;
t) "Conflict of Interest" includes, but is not limited to, any situation or
circumstance where in relation to the performance of their contractual
obligations in this Agreement, the Parties other commitments, relationships
or financial interests:
i) Could or could be seen to exercise an improper influence over the
objective, unbiased and impartial exercise of a Party's independent
judgment; or
ii) Could or could be seen to compromise, impair or be incompatible with
the effective performance of a Party's contractual obligation;
u) "Contract Year" means the period from the Effective Date until the next
December 31, then the period from January 1 to December 31 of the
following year and each subsequent twelve (12) month period thereafter
until the Expiry Date. If the Expiry Date is not on December 31, then the
period of the last Contract Year will be reduced accordingly so that the last
Contract Year shall end on the Expiry Date; and "Contract Years" shall have
a corresponding meaning;
v) "Dispute" means any dispute, controversy, Claim, disagreement or failure to
agree arising out of, in connection with, or relating to the interpretation,
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performance or application of the Agreement; and "Disputes" shall have a
corresponding meaning;
w) "Dispute Resolution" has the meaning ascribed thereto in the Dispute
Resolution Procedure;
X) "Dispute Resolution Procedure" means those dispute resolution
procedures ascribed thereto in Schedule 5;
Y) "Effective Date" has the meaning ascribed thereto in subsection 2.1.1;
Z) "Employee" means a full -time, part -time, temporary employee and includes
a volunteer person hired by the Boys and Girls Club in order to provide the
Services at the Centre; and "Employees" shall have a corresponding
meaning;
aa) "Encumbrance" means any mortgage, lien, pledge, judgment, execution,
charge, security interest, restriction, claim or encumbrance of any nature
whatsoever, including Claims;
bb) "Expiry Date - 2014" and "Expiry Date - 2016" has the meaning ascribed
thereto in subsection 2.1.3;
cc) "Force Majeure Event" or "Force Majeure" means the occurrence after the
Effective Date of any circumstance, occurrence or event beyond the
reasonable control of either Party to the extent such cannot be prevented or
mitigated by the affected Party, including, without limitation, any of the
following:
i) Civil war, armed conflict, warlike operation or terrorism, acts of
foreign enemies, hostilities, invasion, prisoners riots, rebellion,
military or usurped power;
ii) Nuclear or radioactive contamination of the Centre;
iii) Chemical or biological contamination of the Centre from any event
referred to in item (i) of this definition;
iv) Epidemics or pandemics in New Brunswick, if such epidemics or
pandemics have formally been declared to exist by the World Health
Organization or the Chief Medical Officer of Health of the Province,
which have a direct effect on the Services, or any other services
provided at the Centre; or
V) A Change in Law, which directly causes either Party to be unable to
comply with or perform all or a material part of its obligations under
this Agreement, despite the reasonable efforts of the Party claiming
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Force Majeure to prevent its occurrence or mitigate its effects;
provided always that such circumstances, occurrence or event does
not arise by reason of:
A. the negligence or any misconduct of the Party claiming Force
Majeure;
B. any act or omission of the Party claiming Force Majeure in
breach of the provisions of this Agreement; or
C. the lack or insufficiency of funds or failure to make payment of
monies or provide required security;
dd) "Good Industry Practice" means the exercise by those Persons performing
the Services of that degree of skill, diligence, prudence, operating practice
and foresight which would reasonably and ordinarily be expected from a
Person seeking in good faith to comply with their contractual obligations
under the Agreement who is experienced in carrying out services, programs,
and works comparable in size, scope and complexity to the services and
programs within Canada;
ee) "Governmental Authority' means each national, federal, provincial,
municipal, local or other government, each governmental, regulatory,
administrative, judicial, quasi - judicial or other agency, body, department,
corporation, authority, commission, instrumentality, regulatory body, board,
panel, court, arbitrator or other entity and any successor thereto, exercising
executive, legislative, judicial, quasi - judicial, taxing, regulatory or
administrative powers or functions of or pertaining to government or
judiciary, and each private regulatory entity, self - regulatory organization or
other similar Person having jurisdiction or purporting to have jurisdiction (in
whole or in part), in Canada and in any other relevant jurisdiction, in respect
of the Parties, the Agreement, the Centre (including the operation thereof, or
any part, component or system thereof); and "Governmental Authorities"
has a corresponding meaning;
ff) "HST /GST" means the harmonized sales tax or the tax imposed under Part IX
of the Excise Tax Act or any other federal sales tax, consumption tax, excise
tax, value added tax, business transfer tax or other tax that can reasonably be
regarded as a substitute or replacement for the harmonized sales tax or the
tax imposed under the Excise Tax Act properly exigible in respect of the
Services to be provided by the Boys and Girls Club to the City pursuant to this
Agreement;
gg) "Named Insureds" means a Person that is insured by the policy for liabilities
that arise out of the operations and activities of that Person or from the
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operations and activities of Persons for whom that named insureds are liable
or responsible;
hh) "Neighbourhood Improvement" means the neighbourhood improvement
support services of the City;
ii) "Notice of Change" has the meaning ascribed thereto in subsection 6.6.1;
jj) "Party" individually means the City or the Boys and Girls Club; and "Parties"
means the City and the Boys and Girls Club, respectively;
kk) "Payment Schedule - 2014" has the meaning ascribed thereto in subsection
6.3.2;
11) "Payment Schedule - 2015 & 2016" has the meaning ascribed thereto in
subsection 6.3.3;
mm) "Person" means any individual, corporation, firm, partnership, joint venture,
trust, unincorporated organization, commission, board, Governmental
Authority, unincorporated body of persons or association and any other
entity having legal capacity, and the heirs, beneficiaries, executors,
administrators or other legal representatives of a Person in such capacity;
and "Persons" means any one of them;
nn) "Principal' means the person who has executive authority of the Saint John
the Baptist /King Edward School, includes his /her designate;
nn) "Programs" means the administration of any recreational, social or child
care programs based on the needs of the general public, including but not
limited to, after school programs, breakfast and lunch programs, day -care
and summer camps, and senior citizens fitness classes, community seniors
club, teen leadership programs, evening community gym activities, dance
instruction and special community rentals and includes the Recreation and
Program Services Specifications;
oo) "Proposal' means the proposal and all accompanying schedules submitted
by the Boys and Girls Club dated February 28, 2013, identified as such in
Schedule 3;
pp) "Recreation and Program Services Specifications has the meaning
ascribed thereto in Schedule 4;
qq) "Relevant Conviction" means a conviction under the Criminal Code
(Canada) for which no pardon has been granted;
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rr) "Services" mean those services as set out in this Agreement and the Proposal
and any additional services agreed and Approved by the City and the Boys
and Girls Club, but for greater certainty, also include all Programs;
ss) "Schedules" means the following schedules attached to and forming an
integral part of this Agreement:
Schedule 1 - Letter from the Anglophone South School District dated
July 4, 2013 to the Boys and Girls Club;
Schedule 2 - Letter from Anglophone South School District dated April
3, 2013 to the City; and
Schedule 3 - Proposal from the Boys and Girls Club dated February 28,
2013;
Schedule 4 - Recreation and Program Specifications; and
Schedule 5 - Dispute Resolution Procedure;
tt) "Subcontractor" is a Person or entity, other than the City or the Boys and
Girls Club, having direct agreement with the City or the Boys and Girls Club,
to perform any part or parts under this Agreement on behalf of the City or
the Boys and Girls Club; and "Subcontractors" shall have a corresponding
meaning;
uu) "Term" has the meaning ascribed thereto in section 2.1;
vv) "Unconditional Operating Grants" means the unconditional operating
grants for the Contract Years 2013, 2014, 2015 and 2016, respectively;
ww) "Unconditional Operating Grant - 2013" has the meaning ascribed thereto
in subsection 6.4.1;
xx) "Unconditional Operating Grant - 2014" has the meaning ascribed thereto
in subsection 6.4.2; and
yy) "Unconditional Operating Grant - 2015" and "Unconditional Operating
Grant - 2016" have the meaning ascribed thereto in subsection 6.4.3.
1.2 No Indemnities from the City
1.2.1 Notwithstanding anything else in this Agreement, any express or implied reference
to the City providing an indemnity or incurring any other form of indebtedness or
contingent liability that would directly or indirectly increase the indebtedness or
contingent liabilities of the City, shall be void and of no legal effect.
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1.3 Entire Agreement
1.3.1 This Agreement embodies the entire agreement between the Parties and supersedes
any prior understanding or agreement between the Parties relating to the subject
matter hereof and in existence at the date of execution of this Agreement.
1.3.2 The Parties agree that in entering into this Agreement they have not relied upon any
oral or written agreements, representations, warranties, promises, information, or
understandings, express or implied, not specifically set forth in this Agreement.
1.4 Severability
1.4.1 If any term or condition of this Agreement, or the application thereof to the Parties
or to any Persons or circumstances, is to any extent invalid or unenforceable, the
remainder of this Agreement, and the application of such term or condition to the
Parties, Persons or circumstances other than those to which it is held invalid or
unenforceable, shall not be affected thereby.
1.5 Priority of Documents
1.5.1 In the event of a conflict or inconsistency between any provisions in this Agreement
and the Schedules, the main body of this Agreement shall govern over the Schedules.
1.6 Conflict with Laws
1.6.1 For greater certainty, in the event of a conflict or inconsistency between any
provisions of this Agreement and any Applicable Laws, the Applicable Laws shall
govern and prevail to the extent of such conflict or inconsistency.
1.7 Headings and Grammatical Variations
1.7.1 The division of this Agreement into articles, sections, subsections and paragraphs
and the insertion of headings are for convenience of reference only, and shall not
affect the construction or interpretation of this Agreement.
1.7.2 In this Agreement, grammatical variations of any defined terms shall, unless the
context otherwise requires, have similar meanings to such defined terms, words
denoting the singular include the plural and vice versa, and words denoting any
gender include all genders.
1.8 Notices
1.8.1 Notices shall be in writing and shall be delivered by courier, personal delivery or
facsimile and shall be addressed to, in the case of service upon the Boys and Girls
Club, the Boys and Girls Club Address to the attention of the Boys and Girls Club
Representative or, in the case of service upon the City, to the City Address to the
attention of the Common Clerk.
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1.8.2 Notices shall be deemed to have been given in the case of courier, personal delivery
or facsimile, one (1) calendar day after such notice is received by the other Party. In
the event of a courier disruption, notices must be given by personal delivery or by
facsimile. Unless the Parties expressly agree in writing to additional methods of
notice, notices may only be provided by the methods contemplated in this
subsection.
1.9 Governing Law
1.9.1 This Agreement shall be governed by and construed in accordance with the laws of
the Province of New Brunswick and the federal laws of Canada applicable therein.
1.10 Modifications and Amendments
1.10.1 This Agreement may not be modified or amended except by an instrument in
writing signed by the Parties hereto or by their successors or permitted assigns.
1.11 Approval
1.11.1 Wherever the provisions of this Agreement require or provide for an Approval by a
Party of or to any action, Person or other matter contemplated by this Agreement,
this Agreement shall be deemed to provide that:
1.11.1.1 Such request for Approval shall be in writing and shall:
1.11.1.1.1 contain or be accompanied by any documentation or
information required for such Approval in reasonably
sufficient detail, as determined by the party receiving
the request, acting reasonably;
1.11.1.1.2 clearly set forth the matter or matters in respect of
which such Approval is being sought;
1.11.1.1.3 form the sole subject matter of the correspondence
containing such request for Approval; and,
1.11.1.1.4 clearly state that such Approval is being sought;
1.11.1.2 Such Approval shall be in writing;
1.11.1.3 Such Approval shall not be unreasonably or arbitrarily withheld or
delayed (unless the text hereof expressly states that such Approval
may be unreasonably or arbitrarily withheld or shall be subject to the
sole and /or absolute discretion of any Party); and
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1.11.1.4 Any Dispute as to whether or not such Approval has been
unreasonably withheld or delayed shall be referred to Dispute
Resolution.
1.12 Enurement
1.12.1 This Agreement shall extend to, be binding upon and enure to the benefit of the
Parties and their respective successors and permitted assigns.
ARTICLE 2
TERM
2.1 Term
2.1.1 In the event that the Boys and Girls Club has commenced Services prior to the
Execution Date, then during the period of such Commencement of Services up to the
Execution Date, the Boys and Girls Club shall be deemed to be subject to all the
covenants, conditions and agreements set out in this Agreement. For greater
certainty, the Parties acknowledge and agree that the Boys and Girls Club did
commence Services for the period beginning on the 1St day of January, 2013 (the
"Effective Date ") up to an including the Execution Date.
2.1.2 The term of this Agreement shall commence as of the Effective Date until the 31St
day of December, 2014, unless sooner terminated or extended as otherwise
provided in this Agreement.
2.1.3 Subject to subsection 2.1.4, this Agreement shall fully end and expire sixty (60)
calendar days after December 31, 2014 (the "Expire Date - 2014 "), unless renewed
by Common Council prior to March 1, 2015 for an additional two (2) years. In the
event that Common Council renews this Agreement for the Contract Years 2015 and
2016, the renewal Agreement shall fully end and expire at midnight on the 31St day
of December, 2016 (the "Expire Date - 2016 ").
2.1.4 In the event that this Agreement is renewed by Common Council for the Contract
Years 2015 and 2016, the Parties agree that this Agreement shall continue in full
force and effect on the same terms and conditions of this Agreement, except that the
fees for the Services for the Contract Year 2015 shall be those fees quoted in the
Proposal at $127,991.00 (HST /GST included) and the fees for the Services for the
Contract Year 2016 shall be those fees quoted in the Proposal at $129,911.00
(HST /GST included). For greater certainty, should a Dispute arise over the fees for
the Services for the Contract Years 2015 and 2016, the matter shall be referred to
Dispute Resolution.
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ARTICLE 3
STATUS OF PARTIES
3.1 Capacity of Parties
3.1.1 The Parties represents and warrants that they have the full right, power and
authority to enter into this Agreement and there is no agreement with any other
Person which would in any way interfere with the rights of the Parties under this
Agreement.
3.2 Authority of Representatives
3.2.1 The Parties represent that their respective representatives have the authority to
legally bind them to the extent permitted by Applicable Laws.
3.3 No Partnership. Agency etc.
3.3.1 The Boys and Girls Club shall have no power or authority to bind the City, or to
assume or create any obligation or responsibility, express or implied, on behalf of
the City. The Boys and Girls Club shall not hold itself out as an agent, partner or
employee of the City.
3.3.2 Nothing in this Agreement shall have the effect of creating an employment,
partnership or agency relationship between the City or any of their directors,
officers, agencies, employees, partners, affiliates (or Subcontractors) and the Boys
and Girls Club.
3.4 Assignment
3.4.1 No Party may assign the whole or any part of this Agreement or any monies due
under it without the prior written Approval of the other Party (which Approval may
be arbitrarily withheld).
3.4.2 The Boys and Girls Club shall not subcontract any interest in this Agreement
without the prior written Approval of the City (which Approval may be arbitrarily
withheld). Without limitation, every contract entered into by the Boys and Girls
Club with a Subcontractor relating to the Boys and Girls Club's rights hereunder
shall adopt all of the terms and conditions of this Agreement as far as applicable to
those parts of the deliverables provided by the Subcontractor.
3.4.3 Nothing contained in this Agreement shall create a contractual relationship between
any Subcontractor or its directors, officers, employees, agents, boards, partners or
affiliates and the City.
3.5 Conflicts of Interest
3.5.1 Notwithstanding and in addition to the foregoing, the Parties shall:
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3.5.1.1 Avoid any Conflict of Interest in the performance of their obligations
under this Agreement;
3.5.1.2 Disclose without delay any actual or potential Conflict of Interest that
arises during the performance of their contractual obligations with
either Party, including work done for any other party other than the
City or the Boys and Girls Club during the course of this Agreement;
and
3.5.1.3 Comply with any requirements prescribed by the City or the Boys and
Girls Club to resolve any Conflict of Interest.
In addition to all other contractual rights or rights available at law or in equity, both
Parties may, in its sole and absolute discretion, immediately terminate this
Agreement upon giving notice to such Party where:
3.5.1.4 Either Party fails to disclose an actual or potential Conflict of Interest;
3.5.1.5 Either Party fails to comply with any requirements prescribed by the
City or the Boys and Girls Club to resolve a Conflict of Interest;
3.5.1.6 Either Party's Conflict of Interest cannot be resolved. This paragraph
shall survive any termination or expiry of this Agreement; or
If applicable, a Party shall not, during the course of this Agreement, act for or on
behalf of any Person, entity, or association in relation to a proceeding and /or
transaction to which either Party is a party.
ARTICLE 4
SERVICES BY THE BOYS AND GIRLS CLUB
4.1 Commencement of Services
4.1.1 The Boys and Girls Club commenced Services and shall cease Services at the dates
and times as follows:
4.1.1.1 Services commenced on January 1, 2013 at 6:00 a.m. and shall cease
on December 31, 2014 at 11:00 p.m.; and
4.1.1.2 The Services shall be provided at the Centre on a daily basis, between
the hours of 6:00 a.m. to 11:00 p.m., Monday to Sunday, which
schedule can be altered upon the mutual agreement of the Boys and
Girls Club Representative and the City Representative.
4.1.2 In the event that this Agreement is renewed for an additional two (2) years, the Boys
and Girls Club shall commence and cease Services at the dates and times as follows:
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4.1.2.1 From January 1, 2015 at 6:00 a.m. to December 31, 2016 at midnight;
and
4.1.2.2 The Services shall be provided at the Centre on a daily basis, between
the hours of 6:00 a.m. to 11:00 p.m., Monday to Sunday, which
schedule can be altered upon the mutual agreement of the Boys and
Girls Club Representative and the City Representative.
4.2 Performance Warranty
4.2.1 The Boys and Girls Club, hereby represents and warrants that the Services shall be
provided fully and diligently in a professional and competent manner by persons
qualified and skilled in their occupations and furthermore that all Services will be
provided in accordance with:
4.2.1.1 This Agreement;
4.2.1.2 Good Industry Practice;
4.2.1.3 Recreation and Programs Services Specifications; and
4.2.1.3 Applicable Laws.
4.2.2 If any of the Services, in the reasonable opinion of the City, are inadequately
provided or require corrections, the Boys and Girls Club shall forthwith make the
necessary rectification or corrections, at its own expense, as specified by the City in
a Notice of Change. In the event the Boys and Girls Club disputes the City's Notice of
Change, it may refer the matter to Dispute Resolution.
4.3 Responsibilities and Obligations of the Boys and Girls Club
4.3.1 The Boys and Girls Club shall perform the Services as set out in this Agreement and
the Proposal. Such Services shall include but are not limited to:
4.3.1.1 Recreational /leisure programs, services and community rental space;
4.3.1.2 A community -based program that includes a before lunch and after -
school program;
4.3.1.3 A nursery school /pre - school programs and youths programming;
4.3.1.4 A blend of free and fee based programming at the Centre designed to
enable the development of social and emotional skills needed for youths
and adults to function within family, community and school
environments;
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4.3.1.5 A comprehensive wellness program at the Centre for youths and adults
with transportation provided by the Boys and Girls Club for outings and
special activities;
4.3.1.6 Through its youth leadership development and asset - building approach a
program that will endeavour to revitalize youth programming at the
Centre; and
4.3.1.7 Subject to section 6.5, any other programs mutually agreed upon by both
Parties.
4.3.2 The Boys and Girls Club shall perform these Services under the general direction
and control of Neighbourhood Improvement.
4.3.3 The Boys and Girls Club Representative shall share on a monthly basis with the
Principal all Programs schedules, all special events schedules and activities relating
to the Centre. In addition, the Boys and Girls Club Representative shall share during
the months of June, July and August, all summer programming with the Principal in
order to arrange scheduling of its summer cleaning and maintenance programs at
the Saint John the Baptist /King Edward School to ensure adequate cleaning and
maintenance.
4.3.4 The Boys and Girls Club, at its own expense, shall provide as follows:
4.3.4.1 Pay all costs associated with maintenance of the Centre and day to day
operation thereof, including but not limited to, energy consumption,
custodial staff, service staff and equipment;
4.3.4.2 Not modify the building, including interior and /or exterior elements,
without first having obtained Approval from the Minister. This includes,
but is in no way limited to, the installation of fixed furniture and /or
equipment, wall hangings, and painting. For greater certainty, any
modifications, alterations, maintenance, repairs or rehabilitations need to
be Approved by the Minister.
4.3.4.3 Any modifications, alterations, maintenance, repairs or rehabilitations
not Approved by the Minister will be returned to a state that is acceptable
to the Minister, at the sole expense, of the Boys and Girls Club;
4.3.4.4 Be responsible for the hiring, training and supervision of any Employee
hired to assist in providing the Services;
4.3.4.5 Ensure that all Employees and Persons who otherwise perform any of the
Services are (i) questioned concerning their Relevant Convictions and (ii)
are required to complete and deliver to the Boys and Girls Club a criminal
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records search form, or to consent to the performance of criminal records
searches by the Saint John Police Force or any other police enforcement
authorities;
4.3.4.6 Not permit the use of alcohol during scheduled activities or otherwise
bringing of alcohol on the premises of the Centre without prior Approval
of the City and /or the Anglophone South School District;
4.3.4.7 Not permit the use of non - prescriptive medication or illicit drugs
anywhere on the premises of the Centre;
4.3.4.8 Provide Employee contacts to respond to alarm, security system phone
calls;
4.3.4.9 Meet with Neighbourhood Improvement monthly to discuss
programming and community needs;
4.3.4.10 Be responsible to provide a written report on any hazardous conditions,
injury, accident or illness related to the Centre as soon as possible to the
City Representative or the Anglophone South School District or any staff
of Neighbourhood Improvement;
4.3.4.11 Comply with the requirements of the Official Languages Act, S.N.B. 2002,
c. 0 -0.5, or Change in Law;
4.3.4.12 Emergency exits must remain easily accessible and under no
circumstances can they be blocked by tables, chairs, walls, stages, people,
or any other form of equipment or furniture;
4.3.4.13 No unauthorized gas or propane equipment /fixtures may be used inside
the Centre. Any such material used outside of the Centre must adhere to
CSA approval standards;
4.3.4.14 Ensure that the appropriate guidelines for making a decision to report
sexual abuse of children are in place;
4.3.4.15 Ensure that the Centre remains a non - smoking facility;
ARTICLE 5
SERVICES BY THE CITY
5.1 Responsibilities and Obligations of the City
5.1.1 The City, at its own expense, through its Neighbourhood Improvement, shall provide
as follows:
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5.1.1.1 A City Representative during each Contract Year of the Terms; and
5.1.1.2 Limited free advertising with the Leisure Guide and /or City Web Page.
ARTICLE 6
PAYMENT MECHANISM
6.1 Harmonized Sales Tax and Goods and Services Tax
6.1.1 The Boys and Girls Club covenants and agrees that it will pay when due the full
amount of HST /GST properly exigible in respect of the fees for the Services to be
provided by Boys and Girls Club to the City pursuant to this Agreement.
6.2 Annual Service Payments
6.2.1 Commencing on the Effective Date, and continuing for each Contract Year until the
Expiry Date, the City shall pay to the Boys and Girls Club in the manner set out
herein the sum of:
6.2.1.1 The fees for the Services in respect of such Contract Year in
accordance with section 6.3; and
6.2.1.2 HST /GST on the fees for the Services;
(collectively, for each Contract Year, the "Annual Service Payment ")
6.3 Payment of Annual Service Payments
6.3.1 Commencing on the Effective Date to December 1, 2013, the Annual Service
Payment for the Contract Year 2013 payable by the City to the Boys and Girls Club
shall be $85,666.00, inclusive of HST /GST, and shall be payable in equal monthly
instalments in advance on the first day of each month.
6.3.2 The Annual Service Payment for the Contract Year 2014 payable by the City to the
Boys and Girls Club shall be $86,951.00, inclusive of HST /GST, and shall be payable
in accordance with the following payment schedule (the "Payment Schedule -
2014"):
2014 January 2, 2014 $43,475.50
2014 July 2, 2014 $43,475.50
6.3.3 In the event that Common Council renews this Agreement for the Contract Years
2015 and 2016, the Annual Service Payments for the Contract Years 2015 and 2016
shall be $88,255.00 and $89,579.00, respectively, all inclusive of HST /GST, and shall
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be payable in accordance with the following payment schedule (the "Payment
Schedule - 2015 & 2016 "):
2015 January 2, 2015 $44,127.50
2015 July 2, 2015 [$44,127.50
2016 January 4, 2016 $44,789.50
2016 July 4, 2016 [$44,789.50
6.3.4 There shall be no other charges payable by the City under this Agreement to the
Boys and Girls Club other than the aforementioned Annual Service Payments noted
in subsections 6.3.1, 6.3.2 and 6.3.3, unless such other charges are first Approved by
the City.
6.3.5 The City will endeavour to pay invoices when due to the Boys and Girls Club, but
shall not be required to pay interest on any late payments.
6.4 Payment of Unconditional Operating Grant
6.4.1 The City shall provide an unconditional operating grant in the amount of
$38,570.00, inclusive of HST /GST for the Contract Year 2013 (the "Unconditional
Operating Grant - 2013 "), to the Boys and Girls Club, in order to support the
operations of the said club located at 1 Paul Harris Street, Saint John, New
Brunswick. The unconditional operating grant shall be payable in equal monthly
instalments in advance on the first day of each month.
6.4.2 The City shall provide an unconditional operating grant in the amount of
$39,149.00, inclusive of HST /GST for the Contract Year 2014 (the "Unconditional
Operating Grant - 2014 "), to the Boys and Girls Club, in order to support the
operations of the said club located at 1 Paul Harris Street, Saint John, New
Brunswick. The unconditional operating grant shall be payable in two (2)
instalments, payable on the 1st day of January, 2014 and the 2nd day of July, 2014.
6.4.3 In the event that Common Council renews this Agreement for the Contract Years
2015 and 2016, the City shall provide an unconditional operating grant in the
amount of $39,736.00 for the Contract Year 2015 (the "Unconditional Operating
Grant - 2015 ") and $40,332.00 for the Contract Year 2016 (the "Unconditional
Operating Grant - 2016 "), all inclusive of HST /GST, to the Boys and Girls Club, in
order to support the operations of the said club located at 1 Paul Harris Street, Saint
John, New Brunswick. The grants shall be payable in two (2) instalments, payable on
the 2nd day of January and the 2nd day of July for the Unconditional Operating Grant
- 2015 and on the 4th day of January and the 4th day of July for the Unconditional
Operating Grant - 2016.
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6.4.4 There shall be no other grants payable by the City under this Agreement to the Boys
and Girls Club other than the aforementioned Unconditional Operating Grants
unless such other grant is first Approved by the City.
6.4.5 The City will endeavour to pay grants when due to the Boys and Girls Club, but shall
not be required to pay interest on any late payments.
6.5 Change Reauests
6.5.1 The City or the Boys and Girls Club may, without invalidating this Agreement, at any
time during the Term, submit a Change Request to the other Party. Either Party
shall approve all reasonable Change Requests by the other Party in accordance with
the terms and conditions of this Agreement.
6.5.2 If either Party is unable to Approve a Change Request, it shall promptly notify the
other Party and provide reasons setting out why it cannot approve such Change
Request. In no event shall any such Change Request be deemed to have been
Approved and its terms and conditions incorporated into this Agreement until the
other Party has signified its acceptance of the Change Request in writing.
6.6 Notice of Change
6.6.1 The City shall promptly notify the Boys and Girls Club in writing if the City considers
that any notice, direction, requirement, request, correspondence, or other fact,
event, or circumstance comprises, requires, or results in a change to the cost of the
fees for the Services, and except with respect to insurances obtained and maintained
by the Boys and Girls Club with respect to the Centre or the Boys and Girls Club
operations, shall seek instructions as to whether to proceed to implement such
change which will impact the fees for the Services (the "Notice of Change ").
6.7 Pricing for Changes
6.7.1 Where a Party's Change Request includes an increase or decrease in the scope of the
previously contemplated cost of the fees for the Services, the Boys and Girls Club
shall set out, in a Notice of Change, the proposed costs for the contemplated
changes. The costs for and in respect of such changes shall be agreed to between the
Parties, acting reasonably, within a reasonable period of time and in no event shall
any such Change Request, other than a Notice of Change with respect to insurances
obtained and maintained by the Boys and Girls Club for the Centre or the Boys and
Girls Club operations, be deemed to have been Approved and its terms and
conditions incorporated into this Agreement until each Party has signified its
acceptance of the Change Request in writing.
6.7.2 The Parties acknowledge that any Change Request must be approved by (i) Common
Council or (ii) the City Manager and the Boys and Girls Club Representative where
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the costs of such Change Request have been budgeted and approved by Common
Council for each such Contract Year.
ARTICLE 7
INSURANCE AND INDEMNITY
7.1 Boys and Girls Club Liability Insurance
7.1.1 The Boys and Girls Club shall obtain and maintain, or shall cause other Persons
performing operations and activities under this Agreement on behalf of the Boys
and Girls Club, to obtain and maintain, at all times during the Term of the Agreement
or any extension of prolongation thereof, the following insurance:
7.1.1.1 Commercial general liability insurance against claims for bodily injury
(including death), property damage, including loss of use of property
without physical damage, and personal injury. This insurance shall
cover injury, loss or damage arising out of all operations and activities
under this Agreement by the Boys and Girls Club or any other
Persons, or any other work or services under this Agreement on
behalf of the Boys and Girls Club. This insurance shall be written on
an occurrence basis and shall provide coverage for premises,
operations, broad form property damage, contractual liability,
employer's liability and non -owned automobile insurance and shall
include cross liability and severability of interests provisions with
respect to insureds under the policy or policies. The policy or policies
shall include the City, as an additional insured with respect to
liabilities arising out of the operations and activities on behalf of the
Boys and Girls Club under this Agreement. This insurance may be
organized as any combination of primary, umbrella and /or excess
liability insurance and shall be subject to a limit of not less than five
million dollars ($5,000,000.00) any one accident or occurrence
subject to a general aggregate limit of not less than five million dollars
($5,000,000.00) any one annual period; and
7.1.1.2 Automobile liability insurance covering owned, leased or operated
licensed motor vehicles used in connection with the operations and
activities of the Boys and Girls Club or any other Persons performing
Services, or any other work or services under this Agreement on
behalf of the Boys and Girls Club. This insurance may be organized as
any combination of primary, umbrella and excess liability insurance
policies and shall be subject to a limit not less than five million dollars
($5,000,000.00) combined single limit for injury, death or property
damage resulting from each accident.
7.1.2 The commercial general liability insurance obtained and maintained by the Boys
and Girls Club as set out in paragraph 7.1.1.1 shall be written in the names of the
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Boys and Girls Club and the City and in the names of their respective directors,
officers, employees, servants and agents. The Boys and Girls Club may, at its sole
and unfettered discretion, elect to have this insurance cover, as Named Insureds,
any of its Subcontractors or any other Person performing Services, or any other
work or services under this Agreement on behalf of the Boys and Girls Club or may
elect to have any such Subcontractor or Person obtain and maintain its own
insurances with the characteristics described in subsection 7.1.1 above.
7.1.3 The Boys and Girls Club shall duly and punctually pay, or shall cause its
Subcontractors or other Persons to duly and punctually pay, all premiums and other
sums of money payable for maintaining any such insurance as set out in subsection
7.1.1 and upon request from the City will produce or cause to produce evidence of
such payment within fifteen (15) Business Days after receipt of any such request
from the City.
7.1.4 The Boys and Girls Club shall, upon request from the City, deliver to the City, or its
authorized representative insurance certificates confirming the types and amounts
of coverage described in subsection 7.1.1 in effect at that time, the inception dates
and expiration dates of each policy. Evidence of renewal of such insurance, in the
form of insurance certificate or certificates, shall be delivered to the City within
thirty (30) calendar days after receipt of any such request from the City.
7.1.5 The insurance policies placed or caused to be placed by the Boys and Girls Club
pursuant to this section 7.1 shall operate as primary insurance with respect to the
operations and activities of the Boys and Girls Club or any other Persons performing
Services, or any other work or services under this Agreement on behalf of the Boys
and Girls Club.
7.1.6 Each of the policies of insurance provided pursuant to this section 7.1 shall contain a
provision to the effect that the insurer will not cancel the policy prior to its
expiration, (with the exception of cancellation for non - payment of premium or
premium adjustment, for which fifteen (15) calendar days' notice shall be provided)
except after thirty (3 0) calendar days' prior written notice to the City.
7.1.7 The Boys and Girls Club shall advise the City of any cancellation, material deviation
from the requirements set out in this section 7.1 or lapse of any policies of insurance
required to be provided by the Boys and Girls Club. If the Boys and Girls Club fails to
effect and keep such insurance in force, or should such insurance be in an amount
less than the amount required by this section 7.1, the City may, upon written notice
to the Boys and Girls Club, without assuming any obligation, effect such insurance at
the expense of the Boys and Girls Club. All outlays by the City shall be payable by the
Boys and Girls Club to the City within thirty (30) calendar days after request from
the City without prejudice to any other rights and recourses of the City. No such
insurance taken out by the City shall relieve the Boys and Girls Club of its obligations
to insure under this section 7.1.
• •
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7.1.8 If the Boys and Girls Club fails to effect, or to cause other Persons to effect, and to
keep the insurance required pursuant to this section 7.1 in force and if any similar
insurance maintained by the City or any of its Subcontractors shall then be called
into contribution notwithstanding subsection 7.1.5 above and, as a consequence, the
City's or its Subcontractor's cost of effecting such insurance increases, any such
additional cost shall be payable by the Boys and Girls Club to the City, not later than
thirty (30) calendar days after production by the City to the Boys and Girls Club of
reasonable proof of such additional cost, without prejudice to any other right of the
City with respect to the Boys and Girls Club failure to maintain insurance pursuant
to this section 7.1.
7.1.9 If applicable, the Boys and Girls Club shall maintain and in full force and effect
during the Term of this Agreement, coverage from WorkSafeNB and provide
evidence of this coverage to the City upon request.
7.2 Indemnification
7.2.1 Subject to subsection 7.2.2 hereof, but notwithstanding any other clauses herein, the
Boys and Girls Club shall indemnify and save harmless the City from all Claims, or
other proceedings by whomsoever claimed, made, brought or prosecuted in any
manner and whether in respect of property owned by others or in respect of
damage sustained by others based upon or arising out of or in connection with the
performance of this Agreement or anything done or purported to be done in any
manner hereunder, but only to the extent that such Claims, or other proceedings are
attributable to and caused by the Boys and Girls Club's negligence, errors or
omissions.
7.2.2 In no event shall the Boys and Girls Club be obligated to indemnify the City in any
manner whatsoever in respect of any Claims, or other proceedings caused by the
negligence of the City, or any Person for whom the City is responsible.
ARTICLE 8
TERMINATION AND DEFAULT
8.1 Termination for Default
8.1.1 The City may immediately terminate this Agreement upon giving notice to the Boys
and Girls Club where:
8.1.1.1 The Boys and Girls Club makes an assignment for the benefit of its
creditors, is declared bankrupt or commits an act of bankruptcy,
becomes insolvent, makes a proposal or otherwise takes advantage of
provisions for relief under the Bankruptcy and Insolvency Act (Canada)
or similar legislation in any jurisdiction, or any other type of
insolvency proceedings being commenced by or against the
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Consultant under the Bankruptcy and Insolvency Act (Canada) or
similar legislation;
8.1.1.2 The Boys and Girls Club breaches any material provision of this
Agreement;
8.1.1.3 In the City's reasonable opinion, the Boys and Girls Club, prior to or
after executing this Agreement, makes a material misrepresentation
or omission or provides materially inaccurate information to the City;
8.1.1.4 The Boys and Girls Club undergoes a change of control which, in the
reasonable opinion of the City, adversely affects the Boys and Girls
Club's ability to satisfy some or all of its obligations under this
Agreement;
8.1.1.5 The Boys and Girls Club subcontracts any provisions or parts or all of
the Services or assigns this Agreement without first obtaining the
Approval of the City;
8.1.1.6 In the City's reasonable opinion, the Boys and Girls Club's acts or
omissions constitute a substantial breach of Boys and Girls Club's
obligations under this Agreement; or
8.1.1.7 The Boys and Girls Club fails to perform any other obligation under
this Agreement and such failure to perform continues for ten (10)
calendar days following the Boys and Girls Club's receipt of written
notice from the City.
The above rights of termination are in addition to all other rights of termination
available at law, or events of termination by operation of law.
8.2 Termination on Notice
8.2.1 The City reserves the right to terminate this Agreement, without cause, upon thirty
(30) calendar days' prior written notice to the Boys and Girls Club.
8.3 Obligations on Termination
8.3.1 The Boys and Girls Club shall, following the giving of a notice of termination by the
City hereunder or upon expiry of the Term, in addition to its other obligations under
this Agreement and at law:
8.3.1.1 Provide the City with a report detailing:
8.3.1.1.1 any information requested by Neighbourhood
Improvement pertaining to the provisions and
performance of this Agreement;
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8.3.1.1.2 execute such documentation as may be required by the
City to give effect to the termination of this Agreement;
and
8.3.1.1.3 comply with any other instructions provided by
Neighbourhood Improvement or Common Council.
8.4 Payment upon Termination
8.4.1 Without limiting the generality of Article 8, the Boys and Girls Club shall indemnify
the City for, and hold the City harmless against, all additional costs, charges and
expenses incurred by the City as a consequence of the breach by the Boys and Girls
Club of its obligations hereunder, including without limitation, all costs incurred by
the City in connection with the operation and maintenance of the Centre.
8.5 Termination of Agreement between School District and Boys and Girls Club
8.5.1 In the event that agreement between the Anglophone South School District and the
Boys and Girls Club, as outlined in Schedule 1 is terminated, this Agreement shall
terminate automatically. Upon such termination, the Boys and Girls Club shall
immediately reimburse the City any unexpended portion of the Annual Service
Payment paid by the City to the Boys and Girls Club. The obligation of the Boys and
Girls Club to reimburse the City set forth in this subsection 8.5.1 shall remain in full
force and effect until fully discharged by the Boys and Girls Club.
8.6 Rights and Remedies
8.6.1 The express rights of termination in this Agreement are in addition to and shall in
no way limit any rights or remedies of the City under this Agreement or Applicable
Laws or otherwise, at law or in equity.
ARTICLE 9
DISPUTE RESOLUTION
9.1 Dispute Resolution Procedure
9.1.1 The Parties shall attempt to negotiate all Disputes in good faith.
9.1.2 In the event the Parties are unable through good faith negotiations to mutually
resolve any Dispute, controversy or claim arising out of, in connection with, or in
relation to the interpretation, performance or breach of this Agreement, such
Dispute, controversy or claim shall be referred to Dispute Resolution in accordance
with Schedule 5.
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ARTICLE 10
BOYS AND GIRLS CLUB COVENANTS
10.1 Covenants
Page 1 -25-
10.1.1 The Boys and Girls Club further covenants with the City as set out in this Article 10.
10.2 Notice by Boys and Girls Club
10.2.1 The Boys and Girls Club shall promptly notify the City Representative of any
accident, defect, damage or deficiency which occurs or exists in any part of the
Centre which comes to the attention of the Boys and Girls Club, as soon as possible.
10.3 Use
10.3.1 The Boys and Girls Club shall continuously use the whole of the Centre for purposes
of providing the Services.
10.4 Compliance with Laws
10.4.1 The Boys and Girls Club shall use and occupy and shall cause the Centre to be used
and occupied in compliance with all Applicable Laws and in a safe, careful and
proper manner.
10.5 Nuisance, Interference. Waste, Overloading
10.5.1 The Boys and Girls Club shall not cause or allow any act or thing which constitutes a
nuisance or which is offensive to the City.
10.5.2 The Boys and Girls Club shall keep the Centre free of debris and other items that
might attract rodents or vermin and free of anything of a dangerous, noxious or
offensive nature or which could create a fire, environmental, health or other hazard
or undue vibration, heat or noise.
10.5.3 The Boys and Girls Club shall not cause or allow any overloading of the floors of the
Centre or the bringing into any part of the Centre of any articles or fixtures that by
reason of their weight, use or size might damage or endanger the structure or any of
the Centre.
ARTICLE 11
MISCELLANEOUS PROVISIONS
11.1 Strict Performance
11.1.1 The failure of the City to seek redress for any violation of or to insist upon the strict
performance of any of the terms, covenants or conditions of this Agreement, shall
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not prevent a subsequent act, which would have originally constituted a violation,
from having all of the force and effect of an original violation.
11.2 Remedies Cumulative
11.2.1 No reference to or exercise of any specific right or remedy by the City shall prejudice
or preclude the City from exercising or invoking any other remedy, whether allowed
under this Agreement or generally at law or in equity, and the express provisions of
this Agreement as to certain rights and remedies are not to be interpreted as
excluding any other or additional rights and remedies available to the City generally
at law or in equity.
11.3 Survival of Obligations
11.3.1 All of the obligations, representations and warranties of the Boys and Girls Club
accruing hereunder during the existence of this Agreement or any renewal or
extension thereof shall survive the termination or expiration of the Term.
11.4 Force Majeure Event
11.4.1 Neither the City nor the Boys and Girls Club shall be responsible for any Force
Majeure Event or by any other cause which is unavoidable or beyond its reasonable
control. The Party whose performance of this Agreement is or may reasonably be
expected to be affected by a Force Majeure Event shall promptly notify the other
Party of the existence of such circumstances and shall use its best efforts to resume
and complete performance. Whenever a Party is reasonably certain that such a
Force Majeure Event is likely to occur, it shall notify and consult with the other
Party as soon as practicable. All time periods for the performance of obligations
hereunder shall be extended by a period corresponding to the time period of any
delay caused by the occurrence of a Force Majeure Event. This provision shall not
excuse the City from payment of the fees for the Services and other amounts payable
hereunder.
11.5 No Waiver
11.5.1 No omission or delay by any Party in exercising any right, power or privilege
hereunder shall operate as a waiver thereof, nor shall any single or partial exercise
of such right, power or privilege preclude any other or further exercise thereof or of
any other right, power or privilege. The rights and remedies herein provided are
cumulative with and not exclusive of any rights or remedies provided by Applicable
Law.
11.6 Registration
11.6.1 The Boys and Girls Club agrees that it shall not register this Agreement or any notice
or reference in respect of this Agreement against title.
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11.7 Counterparts
11.7.1 This Agreement may be executed in any number of counterparts. Either Party may
send a copy of its executed counterpart to the other Party hereto by facsimile
transmission or by electronic mail instead of delivering a signed original copy of
such counterpart. Each executed counterpart (including each copy sent by facsimile
transmission or electronic mail) shall be deemed to be an original and all such
executed counterparts taken together shall constitute one and the same agreement,
and notwithstanding the date of execution shall be deemed to bear the same date as
written above on this Agreement.
IN WITNESS WHEREOF the City of Saint John has hereto fixed in its corporate seal and
caused these presents to be executed by its duly authorized officers in the manner
prescribed by the Municipalities Act, R.S.N.B. 1973, c. M -22, and amendments thereto, and
the Boys and Girls Club has caused these presents to be executed by its President and Chief
Executive Officer as of the day and year first written above.
SIGNED, SEALED & DELIVERED
in the presence of:
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THE CITY OF SAINT JOHN
Mel K. Norton, Mayor
Jonathan A. Taylor,
Common Clerk
Common Council Resolution:
[0], 2013.
THE BOYS AND GIRLS CLUB OF SAINT
JOHN INC.
Amanda Masters, President
Page 1 -28-
PROVINCE OF NEW BRUNSWICK
COUNTY OF SAINT JOHN
I, AMY SHANKS, of the City of Saint John and Province of New Brunswick, MAKE
OATH AND SAY:
1. THAT I am the Executive Director of the Boys and Girls Club of Saint John
Inc., and am authorized to make this affidavit and have personal knowledge of the
matters hereinafter deposed to.
2. THAT the seal affixed to the foregoing agreement and purporting to be the
corporate seal of THE BOYS AND GIRLS CLUB OF SAINT JOHN INC., is the corporate
seal of the said THE BOYS AND GIRLS CLUB OF SAINT JOHN INC., a party named in
the foregoing instrument and it was affixed by the officer authorized to so affix the
seal.
3. THAT the signature "Amy Shanks" subscribed to the said instrument is my
signature and as Executive Director, I am duly authorized to execute the said
instrument.
4. THAT the said document was executed as aforesaid at the City of Saint John
in the Province of New Brunswick on the day of July, 2013.
SWORN TO before me at
Saint John, in the County of
Saint John and Province
of New Brunswick
the day of July
2013.
Commissioner of Oaths,
Amy Shanks, Executive Director
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Service Agreement
SCHEDULE 1
Schedule 1
LETTER FROM THE ANGLOPHONE SOUTH SCHOOL DISTRICT
DATED JULY 4, 2013 TO THE BOYS AND GIRLS CLUB
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Service Agreement
SCHEDULE 2
Schedule 2
LETTER FROM THE ANGLOPHONE SOUTH SCHOOL DISTRICT
DATED APRIL 3, 2013 TO THE CITY
208
Service Agreement
Schedule 3
SCHEDULE 3
PROPOSAL FROM THE BOYS AND GIRLS CLUB
DATED FEBRUARY 28, 2013
I
Service Agreement
SCHEDULE 4
Schedule 4
RECREATION AND PROGRAM SERVICES SPECIFICATIONS
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1. INTRODUCTION
These Recreation and Program Services Specifications describe the Services that the Boys
and Girls Club shall provide at the Centre, as well as the minimum level of service delivery
and the standards to which the Services shall be delivered.
1.1 GENERAL
The Boys and Girls Club shall provide the following services to the following standards:
Program Services and Standards
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Community Centre Hours
Description:
of Operation (52 week
The normal hours of operations of the Centre for Programs shall
period)
be as follows:
a) Fall / Winter/ Spring Operations:
- Monday to Friday, from 1:00 p.m. until 9:00 p.m.
- Saturday, from 9:00 a.m. until 3:00 p.m. (based on
community interest)
b) Summer Operations
- Monday to Friday, from 7:30 a.m. until 5:30 p.m.
The hours of operations in a) and b) above may be extended
based on room and facility rentals, partner supported
programming and special events.
General Description
a) The Boys and Girls Club shall provide Programs which are
recreational, cultural, health related and educational in
nature.
b) The Boys and Girls Club shall provide Programs at the
Centre for all ages, to be grouped as follows:
0 4 -12 years
0 13 -17 years
0 18 -21 years
o Adults
o Seniors
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212
Free Programs (core
Description:
programs)
a) The Boys and Girls Club shall offer afterschool programs.
b) The Boys and Girls Club shall provide a summer
playground program for a minimum of 8 weeks during the
summer months (June - August).
c) The Boys and Girls Club shall offer night programs and
weekend programs for youth aged 5 to 17 years of age
during the school year (fall /winter /spring season: 32
weeks).
Fee Based Programs
Description:
a) The Boys and Girls Club shall provide community use of
the Centre through room and facility rentals without
interfering with free programs described above.
b) The Boys and Girls Club shall keep all revenue generated
by the rental of the Centre and use same towards the
operation of the Centre.
Other
Description:
a) There shall be a community stakeholder task force, such
as City, YMCA, SJB /KE, PULSE, BGC, etc. whose function is
to provide neighbourhood input into the programs offered
at the Centre.
b) The Boys and Girls Club shall work with other partners
and organizations to offer programs at the Centre.
c) The Boys and Girls Club shall leverage financial resources
to increase the scope of the services offered at the Centre.
d) The City shall appoint a City Representative to support the
Centre.
e) The Boys and Girls Club shall provide the City with access
to the Centre at no charge for emergency response shelter
services, community meetings and other activities which
the City may want to hold at the Centre from time to time.
Measurement Standards
Description:
a) The staff /youth participant ratio shall be 1:15 or in
accordance with child development standards as
prescribed by the Social Development division of the
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Province of New Brunswick (if applicable).
b) A staff person or qualified adult volunteer shall be
assigned to each activity room.
c) A registration and waiver liability form shall be completed
by all youth participating in the Centre's programming
and signed by their parent /guardian.
d) The Boys and Girls Club shall provide quantitative and
qualitative evaluations for programs and services and
record total daily attendance for overall Centre usage as
well as specific program attendance. All such reports shall
be submitted to the City Representative on a regular basis.
e) The Boys and Girls Club shall conduct an annual
evaluation on the yearly overall operation of the Centre
and the City's Representative shall take part in the
evaluation process.
f) The Boys and Girls Club shall conduct annual and seasonal
evaluations of permanent and part -time staff respectively.
g) The Boys and Girls Club shall hire only persons having a
recognized post- secondary degree in a related field such
as recreation, social work or the equivalent as full time
employees. The Boys and Girls Club will hire leaders,
instructors and supervisors having training or experience
compatible with the Programs for which they are
responsible.
h) The Boys and Girls shall train staff to the standards of
High Five, CS4L Model, National Coaching certification,
national recognized Boys and Girls Clubs training
programs or equivalent.
i) The Boys and Girls Club shall adopt and follow the
standards, principles and practises of Youth SJ standards
once these standards are adopted by the City.
j) The Boys and Girls Club shall have in place and adhere to
an emergency accident plan to properly deal with injuries
which may occur as a result of someone participating in
the Centre's programming. In this respect, the Boys and
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214
Girls Club shall maintain a records management system
for incident reporting, and make same available to the City
upon request.
214
Service Agreement
SCHEDULE 5
DISPUTE RESOLUTION PROCEDURE
A. Referral to Senior Management
Schedule 5
1. All Disputes arising out of, or in connection with, this Agreement, or in respect of
any legal relationship associated with or derived from this Agreement shall within
two (2) Business Days be referred for resolution to the City Manager and the Boys
and Girls Club Representative.
If the City Manager and the Boys and Girls Club Representative are not able to
resolve the Dispute referred to them under this section A within seven (7) Business
Days following such referral, the matter shall be referred for resolution by way of
mediation upon the willingness of the Parties.
B. Mediation
Despite an agreement to mediate, a Party may apply to a court of competent
jurisdiction or other competent authority for interim measures of protection at any
time.
4. If the Parties resolve to mediate the Dispute referred to them under subsection B.3,
the Parties shall invoke the following mediation process:
a) Either Party shall immediately declare an impasse and provide written notice
to the other Party within seven (7) Business Days thereof (or such other
period as the Parties mutually prescribe) declaring that such party wishes to
proceed to mediation and setting out in reasonable detail the issue(s) to be
resolved, the proposed time and a list of at least three (3) and not more than
five (5) proposed mediators. Each of the proposed mediators shall be an
individual:
(i) with at least ten (10) years' experience working in an executive
capacity or representing clients in the area of public disputes and /or
the related field of the Dispute, and
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(ii) unless otherwise agreed by the Parties, with no prior connection,
affiliation or other formal relationship with either Party.
a) Upon receipt of such notice, the notified Party shall have two (2) Business
Days to select one (1) of the proposed mediators as the mediator, failing
which the Party providing notice shall select one (1) of its proposed
mediators as the mediator. Within seven (7) Business Days following
selection of the mediator the matter shall be heard by the mediator.
b) The mediator shall be entitled to establish his or her own practices and
procedures. The Parties shall co- operate fully with the mediator and shall
present its case to the mediator orally and /or in writing within (10) Business
Days following the mediator's appointment. The mediation shall not be in the
nature of arbitration as contemplated by the Arbitration Act (1992), New
Brunswick, and the mediator's decision shall not be binding upon the Parties
but shall be considered as a bona fide attempt by the mediator to judiciously
resolve the Dispute. The decision of the mediator shall be rendered in a
written report, not to exceed two (2) pages in length, delivered to the Parties
within (10) Business Days following the last of such presentations. The fees
of the mediator shall be shared equally by the Parties.
S. The mediation shall be terminated:
a) By the execution of a settlement agreement by the Parties; or
b) By a written declaration of one of the Party that the mediation is terminated;
or
C) By a written declaration by the mediator that further efforts at mediation
would not be useful.
6. The place of mediation shall be the City of Saint John and Province of New
Brunswick.
C. Arbitration
7. In the event that either Party is unwilling to mediate the Dispute or that the Dispute
between the Parties remain unresolved after mediation has been attempted in good
faith, then either the City or the Boys and Girls Club, upon written notice to the other
Party, may refer the Dispute for determination to a Board of Arbitration consisting
of three (3) persons, one (1) chosen by and on behalf of the City, one (1) chosen by
and on behalf of the Boys and Girls Club and the third chosen by these two
arbitrators. Each of the proposed arbitrators shall be an individual with at least ten
(10) years' experience working in an executive capacity or representing clients in
the area of public disputes and /or the related field of the Dispute.
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8. In case of failure of the two arbitrators appointed by the Parties hereto to agree
upon a third arbitrator, such third arbitrator shall be appointed by a Judge of the
Court of Queen's Bench of New Brunswick.
9. No one shall be appointed or act as arbitrator who is in any way interested,
financially or otherwise, in the conduct of the work or in the business or other
affairs of either Party.
10. Notwithstanding the provisions of the Arbitration Act (1992), New Brunswick, the
Board of Arbitration, upon such terms and conditions as are deemed by it to be
appropriate, may allow a Party to amend or supplement its claim, defence or reply
at any time prior to the date at which the Parties have been notified of the
arbitration hearing date, unless the Board of Arbitration considers the delay in
amending or supplementing such statements to be prejudicial to a Party. The Board
of Arbitration will not permit a Party to amend or supplement its claim, defence or
reply once the arbitration hearing has been scheduled.
11. The Board of Arbitration may encourage settlement of the Dispute and, with the
written agreement of the Parties, may order that mediation, conciliation or other
procedures be used by the Parties at any time during the arbitration proceedings to
encourage settlement.
12. If, during the arbitration proceedings, the Parties settle the Dispute, the Board of
Arbitration shall, upon receiving confirmation of the settlement or determining that
there is settlement, terminate the proceedings and, if requested by the Parties,
record the settlement in the form of an arbitration award on agreed terms.
13. Subject to subsection C.14, any determination made by the Board of Arbitration
shall be final and binding upon the Parties and the cost of such determination shall
be apportioned as the Board of Arbitration may decide.
14. Any Party may appeal an arbitration decision to The Court of Queen's Bench of New
Brunswick: (i) on a question of law; or (ii) on a question of fact; or (iii) on a question
of mixed fact and law.
15. The place of arbitration shall be the City of Saint John and Province of New
Brunswick and the provisions of the Arbitration Act (1992), New Brunswick, shall
apply to the arbitration.
217
July 4, 2013
ANGLOPHONE SOUTH SCHOOL DISTRICT
OFFICE OF THE SUPERINTENDENT
490 Woodward Avenue • Saint John, New Brunswick E2K 5N3
Telephone: (506) 658 -5300 • Fax: (506) 658 -5399 • www.asd- s.nbed.nb.ca
Saint John Boys and Girls Club
1 Paul Harris Street
P.O. Box 2441
Saint John, NB
E2L 3V9
Attention: Amy Shanks
Dear Ms. Shanks:
Re: Renewal of Agreement dated September 1, 2010 between the Anglophone South
School District (formerly School District 8) and the Saint John Boys and Girls Club,
with respect to space being used in the St. John the Baptist / King Edward School.
The agreement has a term expiring on December 31, 2013. The parties to the Agreement
hereby renew the term of the Agreement which shall continue until December 31, 2016.
All other terms of the Agreement shall remain the same and be in full force and effect.
If this letter is acceptable to you, please indicate by signing below on both copies and
returning one fully signed copy, to the attention of the undersigned.
Yours truly,
Dog �
Jeff Hanson
Director, Finance and Administration
Per: � d �acx\- kD Per: U )�-
Anif §hanks Jeff ffanUi
Saint John Boys and Girls Club Anglophone South School District
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C A N A D A
218
ANGLOPHONE SOUTH
SCHOOL DISTRICT
April 3, 2013
Mr. Kevin Watson
Recreation Manager
City of Saint John
P.O. Box 1971
Saint John, NB E2L 4L1
Dear Mr. Watson:
Office of the Superintendent
490 Woodward Avenue
Saint John, New Brunswick
E2K 5N3
This will confirm that the Anglophone South School District would support a decision of the
Saint John Common Council to develop an agreement with the Saint John Boys and Girls Club
to operate the South End Community Center at the St. John the Baptist / King Edward School.
Sincerely,
e Watson
perintendent
/bw
cc: Jeff Hanson, Director of Finance and Administration
Christine Roy, Principal — St. John the Baptist / King Edward School
*PHONE: (506) 658 -5A 9 -FAX: (506) 658 -5399
•
•
February 28, 2013
Boys & Girls Club
of Saint John
A good place to be
Mayor Mel Norton
Members of Common Council
City of Saint John
P.O. Box 1971
E2L 4C1
Dear Mayor and Council:
_Q2VR el��Ote
lvlec,A"
The Boys and Girls Club of Saint John has been providing programs and
services to the children and youth of Saint John since 1900. We have
been located at our present site since 1954.
The Club entered into a formal partnership with the City of Saint John in
1976 when the City became a core supporter to the thousands of
children and youth utilizing the Club's facilities.
On January 5, 2003, the Boys and Girls Club and the City of Saint John
began a new partnership. The Club undertook the operation of the South
End Community Centre on behalf of the City which provided funds for
the operating and administrative costs of the South End Community
Centre. In addition, the Boys and Girls Club continued to receive an
annual unconditional operating grant.
Our approved allocation for 2012 was $84,400 for the South End
Community Centre and $38,000 for the Club's unconditional operating
budget.
Our funding request for 4 years: January 1, 2013 to December 31,
2016. This year, the funding request is $85,666 for the South End
Community Centre (SECC) and $38,570 for the Club's
unconditional operating budget which is 1.5% increase. However,
we respectfully request, for the next 3 years, a consideration of the
increase to be based on a 1.5% increase or the rate of inflation
whichever is greater.
1 Paul Harris Street v�
PO Box 2441
Saint John, NB � � 0
��� �
E2 3V9 ��
L
T 506 634 -2011
F 506 648 -0804 The City ofSWnt John
www.beccan.com 220
BOARD OF DIRECTORS
President:
Amanda Masters
1St Vice - President:
Philippe Richard
2nd Vice - President:
Cony G. Brienza
Treasurer:
Louise Simpson, CGA
Secretary:
Nancy Littlewood
Past President:
Catherina Rignanesi, C.A.
Founding President:
Duncan M. Wathen
(1904-1989)
MEMBERS
Mary Burnett
Corey Childs
Kyle Geldart
Joe Harriman
Richard T. Jones
Jay Kimball
David J. Merrithew
Todd Potter
Arthur L. Pottle
Brian Rignanesi
Liane Thibodeau
Carl A. White
EXECUTIVE DIRECTOR
Deborah A. (Debbie) Cooper
EXECUTIVE DIRECTOR
EMERITUS
Margaret E. Nodwell
(1922 -2003)
Boys & Girls Club
of Saint John
A good place to be
2014 amounts requested: SECC $86,951; BGC - $39,149
2015 amounts requested: SECC $88,255; BGC - $39,736
2016 amounts requested: SECC $89,579; BGC - $40,332
We would be only too happy to appear at an open meeting of Common
Council to provide additional background and pertinent information
pertaining to the operations of the Boys and Girls Club and the South
End Community Centre.
We look forward to your response to our request and look forward to
discuss other potential partnerships in providing recreational services to
the children and youth of Saint John.
Please do not hesitate in contacting the undersigned at 634 -2011 (0) to
discuss this letter or to obtain more information or clarifications.
Thank you for your ongoing support for the children and youth of our
City.
Yours truly,
Amanda Masters Debbie Cooper
President Executive Director
1 Paul Harris Street
PO Box 2441
Saint John, NB
T6
T 506 6 634-2011
F 506 648 -0804 The City or Saint John
www.beccan.com 221
BOARD OF DIRECTORS
President:
Amanda Masters
1$1 Vice - President:
Philippe Richard
2 "d Vice - President:
Cony G. Brienza
Treasurer:
Louise Simpson, CGA
Secretary:
Nancy Littlewood
Past President:
Catherina Rignanesi, C.A.
Founding President:
Duncan M. Wathen
(1904-1989)
MEMBERS
Mary Burnett
Corey Childs
Kyle Geldart
Joe Harriman
Richard T. Jones
Jay Kimball
David J. Merrithew
Todd Potter
Arthur L. Pottle
Brian Rignanesi
Liane Thibodeau
Carl A. White
EXECUTIVE DIRECTOR
Deborah A. (Debbie) Cooper
EXECUTIVE DIRECTOR
EMERITUS
Margaret E. Nodwell
(1922 -2003)
2013
2014
2015
2016
January
$62,118
$63,050
$63,996
$64,956
Jul
$62,118
$63,050
$63,995
$64,955
Total
$124,236
$126,100
$127,991
$129,911
2014 amounts requested: SECC $86,951; BGC - $39,149
2015 amounts requested: SECC $88,255; BGC - $39,736
2016 amounts requested: SECC $89,579; BGC - $40,332
We would be only too happy to appear at an open meeting of Common
Council to provide additional background and pertinent information
pertaining to the operations of the Boys and Girls Club and the South
End Community Centre.
We look forward to your response to our request and look forward to
discuss other potential partnerships in providing recreational services to
the children and youth of Saint John.
Please do not hesitate in contacting the undersigned at 634 -2011 (0) to
discuss this letter or to obtain more information or clarifications.
Thank you for your ongoing support for the children and youth of our
City.
Yours truly,
Amanda Masters Debbie Cooper
President Executive Director
1 Paul Harris Street
PO Box 2441
Saint John, NB
T6
T 506 6 634-2011
F 506 648 -0804 The City or Saint John
www.beccan.com 221
BOARD OF DIRECTORS
President:
Amanda Masters
1$1 Vice - President:
Philippe Richard
2 "d Vice - President:
Cony G. Brienza
Treasurer:
Louise Simpson, CGA
Secretary:
Nancy Littlewood
Past President:
Catherina Rignanesi, C.A.
Founding President:
Duncan M. Wathen
(1904-1989)
MEMBERS
Mary Burnett
Corey Childs
Kyle Geldart
Joe Harriman
Richard T. Jones
Jay Kimball
David J. Merrithew
Todd Potter
Arthur L. Pottle
Brian Rignanesi
Liane Thibodeau
Carl A. White
EXECUTIVE DIRECTOR
Deborah A. (Debbie) Cooper
EXECUTIVE DIRECTOR
EMERITUS
Margaret E. Nodwell
(1922 -2003)
History of the Boys and Girls Club of Saint John. Inc.
The Boys and Girls Club of Saint John, Inc. is the first Boys and Girls Club in Canada
dating back to 1900. A dream which began in the minds of Saint John Rotarian's in
1954 became a reality in April 1955 when the doors of the new Boys and Girls Club of
Saint John were opened.
It has been our commitment to provide quality innovative programs to children and
youth in Saint John and surrounding areas. Due to high demand in the South End and
the City of Saint John seeking assistance in program development SJBGC took over
operation of the South End Community Centre in 2003. Since this time we have been
responsible for program development, implementation, staffing and overall management
of the SECC. We still operate under community centre terms by offering free summer,
after school and evening programming for South End's children and youth but due to
SJBGC's non - profit status we are able to apply for various funding through Boys and
Girls Clubs of Canada and other provincial and federal grants. This allows SECC to
generate funds to provide innovative programs and services that enrich the lives of our
children and youth.
Mission Statement
To provide a safe, supportive place where children and youth can experience new
opportunities, overcome barriers, build positive relationships and develop confidence
and skills for life.
Vision
All children and youth discover and achieve their dreams and grow up to be healthy
successful and active participants in society.
Core Values
Inclusion & Opportunity
We strive to offer children and youth from all economic, cultural, and social backgrounds
access to the resources, supports and opportunities that will enable them to overcome
barriers and achieve their positive potential in life.
Respect & Belonging
We provide a safe, supportive place, where every child is listened to, respected and
valued in an environment of inclusion and acceptance. Our staff and volunteers model
honesty, fair play positive attitude, cooperation and respect for self and others.
Empowerment
We believe all young people can grow into responsible, contributing and self - reliant
members of society. Children and youth are at the centre of everything we do. Through
adventure, play and discovery, we encourage and empower them to develop healthy
222
lifestyles, a lifelong passion for learning, leadership and life skills and a sense of social
responsibility.
Collaboration
We work together with families and volunteers in each community in partnership with
the public and private sector, to create healthy community solutions to providing
children and youth with what they need for optimal development.
Speaking Out
We speak out on behalf of children, youth and their families to reduce disadvantage,
enhance their lives and enable their voices and ideas to be heard.
Operations
Our afterschool program is organized in 45 minutes to 1 hr time slots. These slots are
filled in with various activities mentioned below.
Our evening program is a drop -in recreational program and available to children and
youth, ages 5 — 17. We offer various activities during these nights for those who are
interested in taking part.
Afterschool
Program
Monday
Tuesday
Wednesday
Thursday
Friday
Start Time
2:30
2:30
2:30
2:30
1:30
End Time
5:00
5:00
5:00
5:00
5:00
Evening Program
Monday
Tuesday
Wednesday
Thursday
Friday
Start Time
5:00
5:00
5:00
5:00
5:00
End Time
9:00
9:00
9:00
9:00
9:00
Outcomes, Expectations and Deliverables
Our age groups vary from 5 to 12 years for our afterschool program and 5 to
17years in our evening program. All our programs are provided at no cost to the
children or parents.
We have new participants that come to us weekly to join one or both our programs.
Our hope is that our present and future activities will encourage more to come.
We offer many different activities /programs. Here are some that we offer and we plan to
offer more in the near future.
223
Homework club /tutoring -Our daily Homework Club is an incentive
based program. Children who do their homework three days out of the week receive a
prize. Two staff members (one with an Education degree) run the program and provide
academic support. We track every individual's progress in our Shining Stars program.
Attendance has been high with a daily average of 20 children.
Skilled based athletic instructions- The Community Centre and SJBKE
School will partner up to run Enrichment program which offer weekly yoga and Zumba
lessons from a trained instructor. Youth will also participate in Kids in Action which
helps incorporate different sports from different countries. The youth will attend various
sporting events from different community centers around the city and from within our
own center.
Art Instructions - Another component of Enrichment is weekly Art
Instruction and an Arts and Crafts Club. A local artist instructs painting techniques with
a group of 10 youth. Each Thursday the Arts and Crafts Club explores different types of
crafts including mosaics, pottery, and painting. Weekly craft sessions are organized by
staff for all members and including traditional crafts dependent upon the monthly
Cultural theme and holidays.
Nutrition- We provide daily nutritious snacks to all participants. Our
canteen contains healthy snacks as well meaning no junk food such as chips, candy, or
pop. Our weekly Cooking Club contains on average 15 to 20 youth. The youth will
prepare healthy dishes based on recipes found by staff or participants themselves. The
Cooking Club is one of our most popular programs as youth enjoy being able to bring
new skills learned home to pass on to others.
Computer instructions -As part of our Homework Club we encourage
youth to use our Computer Room for academic purposes. Older members really enjoy
being able to do research for projects and use other programs to complete their school
work. Children will be given Web - quests which involve surfing the web to answer
questions. Posted on the wall of the computer room is a list of educational games for
anyone to play once their homework is completed.
Hands on Math /Science- A section of our Homework Room is devoted to
hands on math which includes a variety of manipulative and mathematical games.
Flash cards were created for multiple skill levels. Having these materials makes it
easier for children to understand challenging concepts such as fractions, numeracy, and
other basic mathematical skills.
224
Supervised recreational play -For at least an hour a day, we have the youth in either
the gym, playground, Games Room, or park. During this time, the youth will either
participate in an organized activity /game, sport instruction, or free play. We find that
attitudes are more positive when youth are able to be active and a lot of teamwork and
initiative is being used when youth start organizing games or play amongst themselves
during free play.
Weekly enrichment program- The main goal of this program is to
introduce youth to a variety of activities that they may not otherwise have the
opportunity to participate in because of financial and time restrictions. This year we are
able to offer a variety of activities to all age groups. Some activities including painting
lessons, arts and crafts, yoga, Zumba, and a Red Cross Babysitting course. All of these
activities are provided with no cost to participants.
Weekly out - trips- Once a week, youth will participate in an out -trip to a
location somewhere in Saint John. Out -trip locations will consist of museums, parks,
libraries, and business centers. Youth really enjoy being able to experience activities
such as nature walks or free play in new parks and will be given the opportunity to learn
about culture and history in the museums. Libraries are a great location for children to
be able to read new books and business centers are an ideal location for students to
learn a new skill or learn about an organization in their community.
Staff Qualifications and Duties
Youth Outreach Program Director — SECC
• Degree, certificate or diploma in recreation or related field.
• Minimum of 2 -4 years practical work experience working with children and youth
• Planning, scheduling, organizing, operating and supervising all programs at the
South End Community Centre.
• Planning the annual After School, Evening and Summer programs in compliance
with the Club's Mission Statement and Core Values. Programs, events and
activities are to be inclusive of the program categories of BGCC: Physical
Activity, Health and Safety; Leadership, Growth and Empowerment; Learning
and Career Development and; Community Services.
• Maintaining a relationship with the SJB -KE regarding room usage and
enrichment programs.
• Performing all related duties with the RBC After School Grant Application, i.e.
reports, program development, etc.
• Ensuring that allocated program rooms are clean and ready for program usage.
• Be creative in room decorating and facility development for programs.
225
• Supervising staff, programs and volunteers in youth programs, i.e., After School,
Evening and Summer programs as scheduled.
• Planning, organizing, promoting and conducting special events e.g. Christmas
and March Break programs, winter carnival, etc.
• Working with other staff and volunteers to plan, organize, supervise and assist
with community projects, fund raising events and other SECC activities.
• Composing the part -time staff supervisory work schedules within budget
guidelines.
• Ensuring that staff payroll time - sheets are submitted on deadline.
• Developing and administering daily attendance for statistical purposes.
• Developing and administering children and youth registration procedures which
are to be maintained current and up -to -date.
• Designing signage, promotional and informational flyers / posters, banners and
decorative, creative bulletin boards for program publicity.
• Comparative pricing / costing of program equipment and supplies. Developing
and maintaining inventory, proper storage, ordering and maintenance /repair of
program equipment and supplies.
• Attending training seminars and workshops as required for professional
development.
• Performing all related duties as requested by the Program Director and /or
Management staff.
SECC Part Time Counsellor Position
• Counsellors are paid minimum wage.
• Counsellors are enthusiastic and enjoy interacting and supervising children and
youth ages 5 -17.
• Counsellors are prepared and trained to run various recreational activities
programmed for children and youth.
• Counsellors are required to do some light cleaning and organizing of supplies
and equipment.
• Counsellors trained in special areas such as various sports, arts, music, tutoring,
cooking, etc. are encouraged to share their skills and educate children and youth
in such areas.
• Counsellors are required to assist with youth registration and attendance.
• Counsellors are required to implement activities and supervise out trips at the
South End Community Centre
• Counsellors are required to attend all meetings and training sessions as
requested by the Youth Outreach Program Director.
226
THE BOYS AND GIRLS CLUB OF SAINT JOHN, INC.
STATEMENT OF REVENUE AND EXPENSES
PROPOSED 2013 OPERATING BUDGET
SOUTH END COMMUNITY CENTER
Description
2011
2012
2013
Actual
Projected
Proposed
SUPPORT
City of Saint John
84,400.00
84,400.00
85,666.00
Use of Facilities
3,145.00
2,940.00
3,000.00
Donations
-
Youth projects, dances
-
192.00
Program Service Fees:
- Summer program
-
-
-
- Afterschool program
-
-
-
- Youth program
-
-
-
RBC After School Grant
31,542.11
#REF!
15,600.00
Loblaws SECC AS Grant
4,000.00
718.40
-
Total Support
123,087.11
#REF!
104,266.00
2011
2012
2013
Actual
Projected
Proposed
EXPENSES
Wages & benefits
81,105.28
76,455.70
70,050.00
RBC After School wages, supplies
34,686.83
27,338.56
15,600.00
Power
500.00
Maintenance & janitorial services
427.92
320.93
500.00
Insurance
1,500.00
Program supplies & promotion
1,043.60
232.17
4,000.00
Transportation
500.00
Staff training
500.00
Office supplies
102.18
154.41
750.00
Telephone
1,721.30
1,968.79
1,800.00
Admin Fees (10 %)
-
8,400.00
8,566.00
Loblaws SECC AS Grant
4,000.00
718.40
-
Total Expenses
123,087.11
115,588.96
104,266.00
SURPLUS/ (DEFICIT)
-
-
227
Schedule 4
Recreation and Program Services Specifications
1. INTRODUCTION
These Recreation and Program Services Specifications describe the Services that the Boys & Girls Club
shall provide at the South End Community Centre, as well as the minimum level of service delivery and
the standards to which the Services shall be delivered.
1.1 GENERAL
The Boys and Girls Club shall provide the following services to the following standards:
Program Services and Standards -South End Community Centre (SECC)
228
Community Centre Hours of
Description:
Operation (52 week period)
The normal hours of operations of the Centre for Programs shall be as
follows:
a) Fall / Winter / Spring Operations:
- Monday to Friday, from 1:00 pm until 9:OOpm
- Saturday, from 9:OOam until 3:OOpm (based on community
interest)
b) Summer Operations
- Monday to Friday, from 7:30am until 5:30pm
The hours of operations in a) and b) above may be extended based on
room and facility rentals, partner supported programming and special
events.
General Description
a) The Boys and Girls Club shall provide Programs which are
recreational, cultural, health related and educational in nature.
b) The Boys and Girls Club shall provide programs at SECC for all
ages, to be grouped as follows:
0 4 -12 years
0 13 -17 years
0 18 -21 years
o Adults
o Seniors
Free Programs (core
Description:
programs)
a) The Boys and Girls Club shall offer afterschool programs.
b) The Boys and Girls Club shall provide a summer playground
program for a minimum of 8 weeks during the summer months
(June — August).
c) The Boys and Girls Club shall offer night programs and weekend
programs for youth aged 5 to 17 years of age during the school
year (fall /winter /spring season: 32 weeks).
228
Schedule 4
Recreation and Program Services Specifications
229
Fee Based Programs
Description:
a) The Boys and Girls Club shall provide community use of the
centre through room and facility rentals without interfering
with free programs described above.
b) The Boys and Girls Club shall keep all revenue generated by
the rental of the Community Centre and use same towards
the operation of the Centre.
Other
Description:
a) There shall be a Community Stakeholder Task Force, such as City,
YMCA, SJB /KE, PULSE, BGC, etc. whose function is to provide
neighbourhood input into the programs offered at the Centre.
b) The Boys and Girls Club shall work with other partners and
organizations to offer programs at the centre.
c) The Boys and Girls Club shall leverage financial resources to
increase the scope of the Services offered at the SECC.
d) The City of Saint John shall appoint a staff liaison to support the
Centre.
e) The Boys and Girls Club shall provide the City with access to the
SECC at no charge for Emergency Response Shelter Services,
Community Meetings and other activities which the City may
want to hold at the Centre from time to time.
Measurement Standards
Description:
a) The staff /youth participant ratio shall be 1: 15 or in accordance
with child development standards as prescribed by the Social
Development division of the Province of New Brunswick (if
applicable).
b) A staff person or qualified adult volunteer shall be assigned to
each activity room.
c) A registration and waiver liability form shall be completed by all
youth participating in the Centre's programming and signed by
their parent /guardian.
d) The Boys and Girls Club shall provide quantitative and qualitative
evaluations for programs and services and record total daily
attendance for overall centre usage as well as specific program
attendance. All such reports shall be submitted to the City liaison
on a regular basis.
e) The Boys and Girls Club shall conduct an annual evaluation on the
yearly overall operation of the Centre and the City's Liaison(s)
shall take part in the evaluation process.
f) The Boys and Girls Club shall conduct annual and seasonal
evaluations of permanent and part -time staff respectively.
g) The Boys and Girls Club shall hire only persons having a
recognized post- secondary degree in a related field such as
recreation, social work or the equivalent as full time employees.
The Boys and Girls Club will hire leaders, instructors and
supervisors having training or experience compatible with the
programs for which they are responsible.
229
Schedule 4
Recreation and Program Services Specifications
230
h) The Boys and Girls shall train staff to the standards of High Five,
CS41- Model, National Coaching certification, national recognized
Boys and Girls Clubs training programs or equivalent.
i) The Boys and Girls Club shall adopt and follow the standards,
principles and practises of Youth SJ standards once these
standards are adopted by the City.
j) The Boys and Girls Club shall have in place and adhere to an
Emergency Accident Plan to properly deal with injuries which
may occur as a result of someone participating in the Centre's
programming. In this respect, the Boys and Girls Club shall
maintain a records management system for incident reporting,
and make same available to the City upon request.
230
National Defense
Defence nationale
37 Signal Regiment 2 Squadron
60 Broadview Ave
Saint John, NB E21, 5C5
a May 2013
Mayor and Council
15 Market Square
P.O. Box 1971
Saint John, New Brunswick E2L 4L1
Your Worship and Members of Council,
In 2014, the officers and members of 2 Squadron, 37 Signal Regiment, will be
commemorating 110 years of deed and devotion in the service of Canada. Formed under
the command of Lieutenant Powers of Saint John, the squadron is the oldest signals unit,
regular or reserve, in the Canadian Armed Forces. Our lineage can be traced back to No.
8 Section, Canadian Signal Corp, Saint John, established on March 25, 1904. Since then
members of the squadron have served, with distinction, in both world wars, numerous
peace keeping operations, domestic operations and most recently the war in Afghanistan.
As Canada's oldest signals unit we have deep roots in the community. As citizens our
members work, attend schools and raise families in the Saint John community. As
soldiers they contribute their time and talent to support and strengthen the rights and
freedoms of all Canadians.
To celebrate and commemorate the achievements of those members of the signals
community who have contributed so much in wartime and peacetime and to recognize
those who serve today, we humbly request your permission to exercise "Freedom of the
City ", on or about the 29th of March 2014.
If you have any questions please feel free to contact my self, Major Jeff Nelson or
Warrant Officer Rick Hesse at 637 -7823.
Yours truly,
J,l �on
Major
Officer Commanding
231
To:Common Clerks Office
City of Saint John
PO Box 1971
Saint John N.B.
E2L -4L1
Att. Jonathon Taylor
Dear Sir the S.J.A.D.A. is requesting to have the following letter read to the Council at
large in regards to the Traffic Light situation at the Rothesay Ave. and Ashburn Lake Rd.
Thank You
Keary Coyle
President
Saint John Automobile Dealers Ass.
232
Saint John Automobile Dealers
Association
June 3, 2013
Open Letter to Saint John Common Council
RE: Two Traffic Liahts at Rothesav Avenue & Ashburn Lake Road
Background
The traffic lights in question were installed on a temporary basis approximately
six (6) years ago in an effort to open the gateway to the East Point Shopping
complexes (East Point).
A permanent intersection was to be completed serving to align Ashburn Lake
Road and the roadway to East Point, thereby eliminating one traffic light .
Concerns
We have specific concerns with the failure to complete the permanent
intersection and the failure to eliminate one set of traffic lights. These concerns
may be summarized as follows:
❖ Both lights are dangerous considering the short distance between them
and the active retail businesses along both sides of this area of Rothesay
Avenue;
❖ There is no flashing green light when turning left off Rothesay Avenue on
to Ashburn Lake Road;
❖ There is no flashing green light when turning left off Rothesay Avenue
heading to East Point;
❖ At peak traffic periods it is not uncommon for motorists to sit through three
or four lights in order to simply turn left;
❖ From the through -way heading east to Deluxe is backed up continuously
and motorists can sit through four or five lights.
❖ With the welcome addition of more Rail Traffic in Saint John when passing
thru Ashburn Lake Road traffic backs up Ashburn Lake Rd, almost to the
Thruway and Rothesay Ave backs up depending on the time of day past
233
Leons leaving only one lane in either direction. This is not acceptable for
one of the busiest streets in the City.
❖ On Saturday June 15th it rained.... Motorists turned left and right off
Rothesay Ave. the time was aprox. 1.45pm one City Works Employee
parked his Van at the foot of the hill going up to Costco blocking the road
as the water was rising, traffic could not get thru cars were pulling U turns
getting blocked in by more traffic coming off Rothesay Ave.and the same
event was happening coming down the hill it was quite a site to witness.
Current Situation
We attended a recent meeting with the Mayor where this subject was
discussed. There appeared to be very little concern with the matter and no
reasonable time -frame for a correction.
Business owners on Rothesay Avenue have spent millions of dollars building
state of the art facilities and are among the largest employers and taxpayers
in the city. These owners listen each day as customers and employees voice
their frustration with these temporary traffic lights.
There are new businesses coming to East Point, including Princess Auto,
which will serve only to aggravate the problem further.
Request
The Saint John Automobile Dealers Association other business owners on
Rothesay Avenue wish for this issue to be corrected as soon as possible. We
request the city put forward the proposed solution including a reasonable
time -line for completion.
The current situation is simply not acceptable to Saint John motorists, tourists
to our city and the businesses that line Rothesay Avenue and East Point.
Yours truly,
SAINT JOHN AUTOMOBILE DEALERS ASSOCIATION
234
.� Z_
Keary Co e
President
We are:
>Aberdeen Subaru
>Brett Chevrolet Cadillac
>Dobson Chrysler,Dodge,Jeep
>Downey Ford
>Fundy Honda
>Lexus of Saint John
>Lochlomand Mitsubishi
>Oleary Buick GMC
>Port City Kia
> Saint John Hyundai
> Saint John Nissan
> Saint John Toyota
> Saint John Volkswagen
>Tri -Star Mercedes Benz
235
Mayor and Council
City Hall PO Box 1971
Saint John NB
E2 L 41-1
Mayor and Council,
Highway 55 Events
35 Hughes St PO Box 3164
Fredericton NB
E3A 5G9
07/09/2013
My company is writing you to propose a deal that may decrease debt and avoid future tax increases to
city tax payers.
Highway 55 Events is a New Brunswick events and promotions company known for our obstacle course
tours. Members of our team have many years experience planning top notch events. As we are planning
on holding our first annual event in Saint John at the end of the summer, we are looking to build long
term brand awareness.
The offer from Highway 55 Events to City of Saint John would be Fifty Thousand Dollars in exchange for
the naming rights to Peel Plaza for one year. Purchasing the naming rights we would change the name to
Doitfortherush.com Plaza. This would include all signage be changed to DoltForTheRush.com Plaza
(costs covered by Highway 55 Events).
This is not a new concept and many Canadian cities have taken this approach to avoid layoffs and tax
hikes. Peel Plaza is in the heart of the city and is so well known; I thought this would be a great way to
raise my brand awareness.
Thank You
Lorne Kincade
Highway 55 Events
236
867- 667 -7132
Mayor and Cot a tril
C.itj/ )f{: An: Jnhn
Ynur Worship and Got inLil lt!lerdb: rs
10 :44:27 a.m. 06 -28 -2013 212
�. -;? Y//�3
Our comi"inv, Mwth St`tr Holdings Ltd, has :an anprowod 52 lot stthdivisicn un Heatiumyay in east
;paint John which mint hive all of the infrastru;.turc u4ort: ct,mpk*,d prinr t„ April -014, ir, order to
,- uccive the approved grant of up to $31 2,000.00 irortt thu Cif'! of Saint -John.
We rurrentl, have -,�,,nnuah c cvcfopc d and to construct c.,vcr "00 hoRnes in Saint John and do not
regUirs.- the extra :j2 lots zit .his In, e.
We rc-quest that G.oun. -.il this -�itt iation and grant us :1 21 y ar !r�:Aernsioi i to develop this lane!.
The staff �v have contacted sqy that they cannof exteiid thi!-, time frame. Wc: feel i' is a win wit
siNatiun since ►he Cite does not have a lot (,I surplus fonds, and wF- donol tuquir� the building Iris
until 2093.
We cannot develop this land without the infrastt ucture arant, so without the 2 yea,- a ;tensiun we
would be forced to gn ahead ir�eirnediatcly, or havr the land sit vv. cant fot year:. Ifi we go ahead. the
hank will end up with must of the errant money.
We hGv� i;een the largos cluvcIopar .0f residential lot;. in Beira Jahn nv� r hr, last ieri yC:!3rs, °o our
tr• .ick rceurd prove. UVA we do not ask for +titregaonatal^ arsistanc. .
We l�jok fr,rwacd 'to ►rnur uarlu i"piy to this request.
Sincerely
F;.l.. (606) Dailing
lJorfh star Holding ,Ltd.
237
867-667-7132
RurU, Star Holdings td.
Bcx 44-53
Reutip-say, NB
E2E SX2
I
506.64 79 .8881
Fa-, to, Kelly Tibbits
From: Rob Parling
Datc: June 26, 2017
Total # of Pages Including Cover; Two
Thanks for your assi.stance Kelly.
RE
238
10;44:16 a.m. 06-28-2013 1/2
HORS`S SAUERTEIG
,,,F 1.Acll Ave., Saint Joha. ND P-1 2C 1, phone (.`16) 658 -1326, --n-mil settert &dabs rim atco.ca
July 4, 2013
To the Common Council of the City of Saint John
RECEIVED
COMAOI CLERK'S OFFICE
JUL 0 4 2013
CITY OF SAINT JOHN
Re.: The Saint John Emergency Management Organization Advisory Committee
Your Worship and Councillors.
I am a member of the above committee. Its mandate is "to provide guidance and advise" to the
Director of SJ EMO, Fire -Chief Clifford, "to improve the municipal emergency management
service ". But besides being the Director of SJ EMO he is also the Committee's Chair and decides
what subjects the committee will investigate and provide him, as Director of the SJ EMO, with
guidance and advise. He must of course have a voice in the committee's deliberations, but a
conflict of interest seems to exist when he as the Chair of the committee presents its findings to
himself as Director SJ EMO. This dilemma is not of Chief Clifford's making, but it is an
impediment to the effective working of the Committee and should be resolved.
Another problem arose when he single- handed investigated and than assessed, also without
involving the committee, the proposal I had made at the January meeting of the committee in
2012 (►.) to investigate the Emera Brunswick Pipeline Co.'s (EBPC) handling of its responsibility
to prepare for and respond to emergencies along its pipeline. At the committee's January 2013 (i}
meeting he than presented his "findings" in an "Update #2013 04" (Ref. #1), contrary to the
committee's Terms of Reference wherein he is to receive guidance and advise from the members
and than make his decision how to use this information, but not to investigate a case unilaterally
and to produce some peripheral "findings" himself. The purpose of the committee, to provide
him with guidance and advise, is thereby compromised and the committee becomes superfluous.
In order to familiarize the Director with the reasons why I had asked the committee to investigate
the EBPC's ERP, I proposed to him that we should meet prior to the committee's meeting. He
named a date for this meeting and I prepared a folder with information about the shortcomings of
the EBPC's Emergency Response Plan (ERP). But when we met, and before the meeting got
under way, he advised me that he had to attend to some other business, took my folder, and left.
He did not reschedule another meeting, but he had time to meet with somebody from the EBPC
who probably told him that I had already complained to the National Energy Board (NEB), and
that the NEB had rejected my complaints (some are still pending).
This is correct, but the NEB in its ruling did not consider and respond to even one single specific
point in my complaints. They rejected them citing the CSA 's Z731 -03 and their own letter to all
companies of April 24/02, which is baffling because some of my complaints report breaches of
the requirements of this April 24/02 letter. I have written to the NEB about this, but they have not
responded, which is not unusual. Even after we had in 2009 two Alternate Dispute Resolution
(ADR) meetings to compel the EBPC to comply with Certificate GC -110, which permits the
EBPC to operate the Brunswick pipeline and which has 25 Conditions attached to it, one of them
239
dealing with their ERP and another one with their field exercise, the NEB did not act, although
the NEB facilitator's summary (Ref #2) showed that only ±50% had been resolved.
I write this letter to inform Common Council that the present EBPC's ERP is dangerously
deficient in protecting the public from pipeline incidents, and that the SJ EMO Advisory
Committee, which is to advise the SJ EMO Director, did not investigate when informed that the
ERP's deficiencies affected the public. The committee's Chair, Fire -Chief CIifford, stated that the
matter of EBPC's ERP was not a problem for the committee but was for the NEB to decide. He
than called on the members to vote if they wanted a special meeting to get information about this
matter, as I had suggested If, as he said, the matter did not concern the committee, than a special
meeting was not necessary, and as a result my proposal for such a meeting was voted down.
I do not agree with Chief Clifford's position. Whereas the EMO Director's first responsibility is
the safety of Saint John's citizens, and whereas the EBPC's deficient ERP endangers life, limb
and property of many citizens, and whereas the committee is to guide and advise him in all
emergency management matters, I expected the Director to ask for advise from the committee,
considering that these deficiencies have not been attended to for over 5 years, and to act upon
this advise in the best interest of the citizens. The victims of a pipeline rupture in the city will
ask, and rightly so, where preparedness for and response to pipeline emergencies were known to
be deficient, why this had not been corrected expeditiously by those responsible for their safety,
instead of pointing fingers and leaving the situation as is, waiting for an incident to happen.
Whereas the NEB since 2008 has been made aware, by the undersigned and by other concerned
citizens, of the EBPC's non - compliance with Certificate GC -110 and has not investigated the
complaints in any detail, the Chief s position will result in many more years of waiting for the
NEB to correct the EBPC's non - compliance. This prolongs an unacceptable risk to the citizens.
I submit that in order to protect the citizens, Common Council now has an obligation to explore
other venues to have the EBPC fully comply with Certificate GC -110. Even an official letter to
the NEB, instead of me writing, might get some action; or an independent investigator; or the
NEB could audit the EBPC. They made an audit in 2010 which, however, did not investigate my
complaints. To rectify these deficiencies now will counter public resistance later to the contem-
plated pipeline from Alberta through the city, if it can be shown that the EBPC pipeline is being
safely operated, and that its unrealistic ERP which is written for 5 technicians but in a few places
implies that the SJ EMO will respond to emergencies, has been rewritten to document this.
For a better understanding of this letter I attach a copy of an information sheet (Ref. #3) which I
had prepared (but not distributed) in anticipation of the special meeting of the committee which
was voted down, and a letter dated February 19, 2013 I had written to Chief Clifford (Ref. #4).
Respectfully,
wt&e Attached: Ref. #I Update #2013 05
Ref. #2 ADR Summary
(H. Sauerteig) Ref #3 Info -sheet
Ref #4 Feb. 19/13 letter
2 240
1���s
Report to the SJ EM4 Advisory Committee
Date: January 30, 2013
Update #: 201304
Subject: Ernera Brunswick Pipeline / Horst Sauerteig's Concerns
Background
As some of you are aware, Advisory Committee member Horst 5auerteig raised a number of
concerns with the former Fire Chief / Director of SJEMO as well as with the National Energy
Board with respect to the emergency response plans that are in place In the event of an
incident involving natural gas transmission and dlstrlbution lines. Mr. Sauertieg has raised his
concerns in a number of forums and for the most part has not been satisfied with the answers
he has been provided. in particular Mr. Sauertleg did not accept the response that we received
when we presented Mr. Sauertelg's questions to Mr. Christopher Hand Manager of NB EMO.
Through this document I will provide my position on the concerns which have been raised by
Mr. Sauerteig and to respond to his questions of October 11th 2012,
Ongoing Concerns
A) Emera Brunswick Pipeline Company (EBPC) is responsible for emergency response to
pipeline incidents in Saint John.
EBPC has filed an Emergency Response Plan with the SJEMO / Saint John Fire Department
and responds in conjunction with the municipal fire service. The municipal fire service's
mandate is to respond to all emergencies within their boundaries.
B) Emera Brunswick Pipeline Emergency Response Exercises have been deficient.
241
2013 -04— Emera Brunswick / Horst Sauerteig's Concerns A&
reee�mnez
A National Energy Board Review of the exercise did not take this position. Upcoming
exercises will be as comprehensive and thorough as reasonably possible.
C) Emergency notification is deficient.
All hazards notification needs to be examined.
Communication and Notification Sub - Committee.
Capital budget Investment will examine notification.
Questions of October 11th
A) Has the Minister of Safety entered into an agreement with the National Energy Board (NEB)
as required in Article 6(1)(a)?
Article 6(1)(a) states ".,.. The Minister may enter in agreements"
I don't know if the Minister has entered into an agreement with the NEB on the emergency
response plan. The NEB has directed EBPC to have an emergency response plan.
8) Has the Minister (or the EMO) authorized the implementation of the Emergency Response
Plan (ERP) (which Is only for the (5) employees of the Emera Brunswick Pipeline Co (EBPC),
as required in Article 7(g)?
Article 7 states "Subject to the approval of the Minister, the Emergency Measures
organization may do the following: (g) authorize or require the implementation of an
emergency measures plan."
The NEB has directed EBPC to have an emergency response plan.
C) Have written Mutual Aid Agreements with Saint John's First Responders (FR) been executed
to make an emergency response in Saint John feasible, as Is required In the EBPC's ERP on
page 2 of Section 0111, and have they all been attached to the ERP, as required In the NEB
letter dated 24 April 2002, which forms part of the NEB's Certificate GC -110 Condition 18?
Written Mutual Aid Agreements have not been executed. Mutual Aid Agreements are not
required for emergency response within our community. The SJFD is empowered to
Wage -- Update to the SIEMO Ad2g�sary Committee
2013-04— Emery Brunswick / Horst Sauerteig's Concerns
respond to all emergencies within Saint John (Fire Prevention Act). EBPC emergency
response plan Identifies the pipeline company's response to the pipeline emergency,
D) How is Article 8(1)(e) of the EMO Act administered, If not by Regulation 84-77
This question was addressed by Christopher Hand, Manager of NB Emergency Measures
Organization.
Terms of Reference
Mr. Sauerteig's question with regard to our community's emergency preparedness and
emergency response with respect to the Emera Brunswick Pipeline Is certainly appropriate to
the terms of reference to the Saint John Emergency Management Organization Advisory
Committee. The Director's role is to investigate, assess and report what the evidence and
findings are. It is not the individual committee member's role to enter into an ongoing debate
on the findings of the Director. Committee members are welcome to put on record their
objections with the findings of the Director; however ongoing and lengthy debates on the same
subject matter will have an Impact on the overall effectiveness of the committee's mandate "to
provide guidance and advice to the Director of SJ EMO and to improve the municipal
emergency service".
N/A
Outcomes / Recommendation
It is recommended that this report be received and filed.
Respectfully Submitted,
SAINT JOHN EMERGENCY MANAGEMENT ORGANIZATION
Kevin Gifford, BSA. CFO
Director
31 Page — Update to the SJEMO Ad 0sary Comm tree
'A Ar
National Energy Board
ADR Report
Sauerteig — Brunswick
Meetings held 14 May and 27 NaVember 2009
Saint 3ohi, New Brunswick
Participants: As listed in Summary Notes ( attached)
Issue
1. I ERP (Emergency Response
} Plan)
Roles, responsibilities
ofcompanyand First
Responders
Alerting and informing
2. 1 Urban map
3. 1Emergency Planning Zone
(EPZ) booklet
4. 1 Right of Way Patrolling
S. + Emergency Response
1 Exercise
Comments:
Comment
f Overall concern o
community:
Capacity of municipal
responders and
adequacy of their plan,
including adequate
resources
Who is responsible for
ensuring capacity and
plan arc in place?
Ally further comments
Please forward to EBP
Community view:
comprehensive patrol =
7 days /wk
lv°EB is requested to provide
a definition of full -scale
exercise
Outcome
reso
Resolved:
further comments
invited to be provided
in writing
vizresolved
Unresolved
• Notes of meetings held 14 May and 27 November 20D9 are attached
11. Sauerteig has provided comments with regard to outstanding concerns in a letter to
NEB dated 4 January 2010
Next Steps:
NEB requested to provide definition of "full-scale" exercise
• EBP invited to provide comments on outstanding issues
• NEB to consider and decide on outstanding issues
5111109- BrunSw ck ADR Report 2010 v2
244
page 112
[REFERENCE #3
HORST SAUERTEIG
TO THE MEMBERS OF THE SJ EMO ADVISORY COMMITTEE (the Committee)
Information about the Emergency Response Plan (ERP) of the Emera Brunswick Pipeline Co. (EBPC)
The National Energy Board (NEB) issued on June 11, 2007 Certificate GC -110 for the EBPC,
which is under its jurisdiction, to construct, operate and maintain the Emera Brunswick Pipeline
subject to 25 Conditions. NEB's letter of April 24/02 is part of Condition 18. In it the EBPC is
held responsible for the planning for and the response to any emergency on its pipeline.
The pipe used in this project has an OD of 30 ", it is epoxy - coated, and is operated under 1445 psi
(pounds per square inch) pressure. It is buried with an 1 m ,;,, cover and runs 145 km from the
LNG Terminal in Mispec to the USA border at ST. Stephen.
30 km of it is routed through Saint John, where it has a 15.7 mm wall thickness. Within these 30
km it has 3 Valve Stations to isolate pipeline sections, and an 800 m Emergency Planning Zone
(EPZ) has been established on both sides of the buried pipeline in which persons, buildings and
infrastructure are in danger of being adversely affected by pipeline incidents.
The EBPC does not have the manpower nor the equipment to respond to almost any pipeline
emergency, and their Emergency Response Plan (ERP) is only written for EBPC's personnel. In
Saint John this are 5 technicians. In reality the First Responders (FRs) will respond to pipeline
emergencies in Saint John, but they are only mentioned vaguely in a few places in this ERP.
Although the NEB demands a Liaison Program wherein the extent of and the limits to each FR's
planned involvement in the preparation for and the response to emergencies is documented and
which, the NEB suggests, be attached to the ERP, no such documents exists for Saint John.
These programs must be formally accepted by each respective FR, they must be tested during
various emergency response exercises, and the test results must be evaluated and documented in
debriefing sessions. If required, a Corrective Action Plan (CAP) must be drawn up to rectify
deficiencies in the ERP. Presently there is no Liaison Program in EBPC's ERP.
The Committee, by its Terms of Reference, is required to advise the Director of SJ EMO about
improvements to the municipal emergency management service. This requires investigating the
ERP and advising him if EBPC's implied plan to engage the local FRs for pipeline emergencies
in Saint John has merit, if it has been properly documented, and if it has been successfully tested
to demonstrate that it will in an emergency protect the public, in acordance with Condition2 1 (a).
The 3 Conditions of Certificate GC -110 which need to be investigated by the Committee are:
#01 Patrolling of the urban Right of Way (RoW);
# 18 Emergency Procedures Manual, i.e. the EBPC's ERP; and
# 21(a) Emergency Response Exercise, to be conducted within 6 months after start of
operations (July 16/09), which has 6 bullets to be successfully tested:
1) emergency response procedures; 2) training of company personnel;
3) communications systems; 4) response equipment; 5) safety procedures; and
6) effectiveness of liaison and continuing education programs
245
I submit that the following 12 items, 11 of which form part of Condition 21(a) and item # 12
forming part of Condition 01, have not been complied with. This puts the public in the EPZ in
Saint John at risk and needs to be corrected:
I . no realistic public alerting system for pipeline emergencies exists;
2. no system has been tested which will (a) inform the publc and (b) keeps it informed;
3. EBPC's "Dear Resident" annual letter is the only Continuing Education Program (Public);
4. this letter and the ERP do not carry potential hazard identification and no risk assessment;
5. the roles of the EBPC personnel in an emergency as listed in the ERP are not workable;
6. the ERP has no coherent Flow -Chart depicting the emergency response by the FRs;
7. no Liaison Program exists to define extent and limit of each FR's role in an emergency;
8. some FRs have never been involved in a field exercise; their role has not been defined;
9. the Condition 21(a) exercise(s) did not fully test (in 2 attempts) its 6 bullets;
10. no communications system was tested which included the Leinster Str. Command Center;
11. no plume detection has been exercised in the 2 field tests, and no protocol exists; and
12. no information has been made available about the patrolling of the urban Right of Way.
The EBPC, in a letter dated July 31/09 to the NEB, has acknowledged some of the deficiencies
pertaining to the June 11, 2009 'Condition 21(a) exercise ", but they have not been corrected.
Although the above 12 points have also been identified in 2 ADR sessions, the NEB has not,
except for item # 12, caused the EBPC to make those changes to its ERP which would improve
the safety in the EPZ for residents and for those working in or passing through it
I submit that it is the Committee's mandate to "provide guidance and advise to the Director", to
"consider legitimate concerns of the general public ", and to "ensure that goals, objectives and
established priorities of the service are met ". The foremost "established priority of the service"
has to be the safety of the public, for which a competent response to emergencies is the generally
accepted logical prerequisite; but this is not achieved by the present ERP of the EBPC.
As I demonstrate above, the EBPC, whom the NEB holds responsible for the safety of the
Brunswick Pipeline and of the public affected by it, does not meet this responsibility. They try to
shift this responsibility to the IocaI FRs, without having established the required Liaison Program
as the basis for a legal and successful cooperation, and without properly funding those various
agreements. Please remember that the EBPC routed their pipeline through the city in disregard of
a petition signed by 15,000 residents and filed with the GH -1 -2006 Hearing, not to run it through
Rockwood Park, i.e. the city. This obliges the EBPC to plan responsively for the preparedness
for and the response to pipeline emergencies in the city, and to demonstrate in yearly exercises
that such a plan works, as required by the Conditions of Certificate GC -119. To data the EBPC
has not fulfilled the 3 Conditions listed above.
This, in my opinion, obliges the Director in his capacity as Manager of the local EMO and as
Fire -Chief of the City, to take the necessary actions, where the NEB is slow to react, to ensure
that the EBPC's preparedness for and the response to emergencies will be planned, tested and, if
necessary improved to make limb, life and property of those living in the Saint John EPZ, or
working in it or passing through it, as safe as possible. It is the Committee's task to advise the
Director on this important emergency management issue.
246
REFERENdE
HORST SA.UERTEIG
88 BedcD ritt_, mint MaL N3, E2K 2C S, phcnc (�(X,) 658 - 1326, c -mail sai gM b.s,nMMtico.
March 27, 2013
To the Members of
the Saint John Emergency Measures Organization Advisory Committee (the Committee)
Re.: POINT OF ORDER (Article 3.8 of the Committee's "Meeting Procedures Guidelines ")
concerning Update # 2013 04 of January 30, 2013 about the Emera Brunswick Pipeline
A Point of Order may be raised if the Rules or Guidelines of the Committee have been broken.
This will interrupt any proceedings. After a breach has been recognized, the Point of Order will
have to be resolved before business continues. I submit that the following breach occurred:
Our Terms of Reference provide in "Mandate" that the Committee is to provide guidance and
advise to the Director of SJ EMO to improve the municipal emergency service. I therefore
proposed a year ago (!) for the Committee to investigate the Emera Brunswick Pipeline Co.'s
(EBPC) handling of its responsibility to prepare for and respond to pipeline emergencies.
The Director's Update # 2013 04 deals with this proposal. In it he provides his position (page 1,
2' §) and claims (on page 3) that it is the Director's role to investigate, assess and report what
the evidence and the findings are. I question this. Whereas the Mandate provides for the
Commission to advise the Director, it does not empower him to unilaterally investigate and than
proclaim his conclusion(s) before having received the guidance and advise from his fellow
members. As I understand the Mandate, only after he has received such guidance etc, does he
have the authority to decide on implementing any or all of the suggested improvements to the
municipal emergency service. To date we have the proposal to investigate the EBPC / Si EMO
relationship, but the Director has not yet been provided with any guidance and advise about it.
Furthermore, I had hand- delivered on February 19/13 a letter to the Director (copy attached)
about the inadequate protection of the public in the EPZ in case of a pipeline emergency. This is
a "Quality Improvement" item (see Terms of Reference). In my letter I am asking for an
"Additional Meeting" (provided for in article 5 of the Meeting Guide). I did not get a response,
Therefore, on a Point of Order, I hereby request that the Report #2013 04 be laid on the table
until the Director has received from the members of the Committee, as the result of the requested
"Additional Meeting ", guidance and advise about the improvements to the EBPC's Emergency
Response Plan (ERP), for the safety of the public in the Emergency Planning Zone (EPZ).
Yours truly,
Original Signed By
H. SAUERTEIG Attached: Copy of my Feb. 19/13 letter to the Director
12 deficiencies (my letter to Chief Simonds)
(H.Sauerteig) Picture of a ruptured NG pipeline
247
COAo"',
PY
3 N 2L}, po' 6u53 P , .- 7, � 1 -1326, t -.rail sauertw0Qib. ,atioo.ca
February 19, 2013
To the Director of the SJ EMO Advisory Committee (the Committee)
Fire -Chief Kevin Clifford, BBA, CFO
Re.: Your Update #2013 04 of January 30113 to the Committee
Dear Chief Clifford,
This is to put on record that at the Committee's Regular Meeting on January 30/13 you presented
the above Update. It deals with the complicated and multifaceted subject of the compliance of the
Emera Brunswick Pipeline Co. Ltd. (EBPC) with the 25 "Conditions" of its Certificate GC -110
issued by the National Energy Board (NEB), to operate the pipeline. This was a subject that I had
requested at the Committee's February 29, 2012 meeting to be discussed under its Terms of
Reference 4.2 "Quality Improvement ", and this was the first time this subject was presented but
not discussed, at a meeting nearly a year later.
I was and am concerned that:
a) EBPC's Emergency Response Plan (ERP) does not sufficiently protect the safety of life, limb
and property of those Saint John citizens who might become affected by a pipeline incident in the
city, as required by Condition 18 of Certificate GC -110, and
b) that the Emergency Response Exercise on June 11/09, the requirement of Condition 21(a), did
not fully test the listed six subjects, that a promised improved repeat exercise has not been taken
place, and that therefore the Committee should "provide guidance and advise to the Director to
improve the municipal emergency management service" (Preamble to Meeting Guidelines).
To prepare for a discussion of this subject by the Committee you and I had an understanding that
we would meet in order for me to acquaint you with my concerns. I had planned to suggest that a
good starting point would be my letters to your predecessor, Chief Rob Simonds, where in my
letter to him dated February 151111 list a dozen points where in Saint John the EBPC's ERP is
not fully conforming to the above Conditions, and that a worst -case Emergency Response
Exercise has not been executed I had expected that the Committee would investigate my
observations and provide guidance to you in accordance with its Meeting Guidelines.
Our meeting did not take place, but you met with the EBPC and than wrote the Update #2013
04. The Committee has not been given an opportunity "to provide guidance and advise to the
Director...." as provided for in the Meeting Guides (see above), and the above 12 items of my
letter to Chief Simonds are still left un- answered.
1248
To the Update #2013 04 I offer the following comments:
"Ongoing Concerns"
The EBPC is responsible for its pipeline. This has to be the basis of its ERP.
The EBPC does not have the manpower nor the equipment to respond to pipeline
emergencies. It depends on the local First Responders (FRs), all members of the local
Emergency Measures Organization (EMO). This has to be documented in a Liaison Plan.
The EBPC in a letter to the NEB dated July 31/09 admitted that several crucial response
activities had not been executed in the June 11/09 exercise to comply with Cond. 21(a).
The hazard assessment, which is part of the response plan, is missing in the ERR
As to "Questions of October I Id' ", in A) and B) you actually agree that the EBPC is not under
the jurisdiction of the NB Government but is responsible to the National Energy Board (NEB), a
Federal agency. This is why the EBPC filed its ERP with the NEB, not with the City as the NB
Emergency Measures Act (EMA) requires, and not with the Fire - Department, as you claim. The
EBPC merely provided you, as 37 other recipients, with a copy which they undertook to update.
My problem with the NEB is that they do not respond to reports, not even to a report of noncom-
pliance with Condition 21(a) during the June 11/09 exercise filed with the NEB by the EBPC in a
letter dated July 31/09, and to my report dated August 10/09 reporting on the exercise. Such
noncompliance will in a pipeline emergency affect adversely all people living or working in or
passing through the Emergency Planning Zone (EPZ). I submit that the public is ill served with
pious assertions that all Conditions of the Certificate GC -110 have been complied with, which
simply is not true, and that it is the Committee's role to examine what "Quality Improvement" is
required in the relationship between the local FRs as members of the local EMO and the EBPC,
for the preparedness for and the response to pipeline emergencies in the city.
For the Committee's meeting of January 30/13 I had, expecting a discussion of this subject,
printed the attached two copies from the EBPC's ERP, which I did hand out; but I was prevented
from explaining my concerns with them because one member objected that I was talking longer
than 5 minutes. You agreed and cut me off. This was the extent of the "Committee providing
guidance and advise to the Director" (see above). Please look at the two copies:
The INITIAL ACTION / NOTIFICATION FLOWCHART depicts the situation where
911 is being notified of a pipeline incident. It shows how the EBPC will be notified, and
how after a laborious notification -, checking -, and rechecking path the EBPC Deputy IC
(in Waltham, MA) activates the Crisis Management Team but not the Field Emergency
Response Team (FERT), and not the Saint John EMO or First Responders (FRs), who
will be only "updated" at certain intervals; but there is no provision for them to respond.
This is not how the response to a pipeline incident in Saint John will be acted out.
The other copy shows the FERT STRUCTURE. Please keep in mind that the
EBPC has 5 (five) field employees in Saint John, but only one of them is on 24/7 duty at
a time, and during working hours all five are being scattered between Mispec and St.
Stephen. Do you agree that an Operations Section Chief (not in Saint John) "oversees the
on -site response "? That a Site Liaison Leader "interfaces" with the FRs? That a Site
Information Leader "responds to public enquiries "? That an Onsite Operations Leader
"manages on -site response ", "directs on -site technical operation" and ensures that the
2249
Public Protection Leader does his duties? That a Site Logistics and Public Protection
Leader "directs the public protection activity" and makes sure that the Evacuation /
isolation / security is being carried out by FRs? Here all of -a- sudden are FRs, but only for
evacuation etc., not to respond within their full capabilities to the emergency.
Again, this is not the response to a pipeline incident in Saint John. Your Fire - Fighters
and their leaders are apparently not involved, but they will be "updated" at intervals, and
any involvement of theirs will be directed by members of the FERT (if any one of them
will be on- site). Did you agree with that? No documented Liaison Plan seems to exist.
It is a given that I could not have presented, let alone explained and discussed, this EBPC fairy
tale in the allotted 5 minutes (Article 4.5 of Meeting Guidelines). These are only two examples of
the EBPC's ERP, but they demonstrate that it needs the committee's attention. If you ever have
the time to read through the whole ERP you will probably agree that it does not apply to the
situation in Saint John, and that it must be re- written for the protection of the public.
I am fully aware that the NEB does not see it this way, for reasons of their own and not because
they have not been informed, and this will eventually have to be resolved by other means than
writing polite letters of protest. But I respectfully suggest that it is your task to ensure the public's
safety during an emergency in Saint John Do not depend on the NEB but use your professional
judgement and, I suggest, listen not only to the EBPC but also to citizens who are concerned that
the EBPC's ERP does not have a realistic plan for the preparedness and response to pipeline
emergencies in Saint John, one which is based on the actual manpower- and equipment situation,
where the ERP takes responsibility for the protection of the public but where the Fire -Chief is in
command in a pipeline emergency, and where the extent and the limitation of each FR's role in
preparing for and responding to emergencies are documented in a Liaison Plan.
Furthermore, please note that a company under the NEB's jurisdiction, i.e. the EBPC, has to file
its ERP with the NEB, but that the NEB does not approve such ERP. I suggest that the local
EMO has to fill this vacuum with a critical examination of the feasibility and efficiency of the
EBPC's ERP, including its Liaison Plan and the Patrolling of the urban Right of Way (RoW).
You state that you are opposed to written Memoranda of Understanding (MoUs) which are
really subcontracts and, to become legal instruments, have to include adequate "consideration ".
which will improve each FR's budget. This is the price the EBPC has to pay for routing the
pipeline through the city, thereby disregarding a 15,000 signature petition to instead run the
pipeline under the Outer Harbour. Documentation of MoUs is a requirement in all literature
about emergencies because it provides a solid basis in cases of court actions and for insurance
claims, when fatalities and/or financial losses from a pipeline incident are being dealt with.
I read the Fire Prevention Act and could not find the requirement for the Fire Department to
respond to all emergencies in the city, and I would appreciate if you would point out to me the
pertinent Article(s). As to Mr. Christopher Hand's opinion, it would have been helpful if a copy
of his e-mail to your Dan LeBlanc would have been attached to your Update #2013 04. Most, if
not all committee members do not know what this is all about. I had also e- mailed Dan LeBlanc
questions which have only partly been answered in your Update #2013 04, where your
answers do not make sense to the members of the Committee if my e-mail is not known.
3250
I have additional questions pertaining to Regulation 84 -7, which may be cited as the Emergency
Planning for the Continuation of the Government of New Brunswick Regulation - Emergency
Measures Act. In article 2(1) it holds the EMO responsible (without any proviso) for stimulating
and coordinating emergency preparedness planning for emergencies and disasters in peace and
war. Can the conclusion from this article be that the EMO will plan for an emergency in peace
time only for cases where the Continuity of the Government of NB is endangered? Certainly not!
What event in peace time would endanger the Government's Continuity? I would appreciate your
advise. And in a war an improved or updated War Measures Act would probably supersede this
Regulation. Article 2(2) states in (c) that the EMO shall co- ordinate civil emergency prepared-
ness organization, planning, and training by municipalities. Again, will this only apply where the
Continuity of the NB Government is endangered? Does the EMO not plan and train etc. for all
emergencies, not only for disaster(s) endangering the Government's continuity? There exists no
other Regulation defining EMO activities for those emergencies which do not endanger the
continuation of the NB Government. I maintain that article 2(2) applies to the EBPC's planning
for emergencies, but ultimately it is a decision of the EMO of NB how to interpret this article.
The NB Emergency Measures Act (EMA) provides in article 25 for Regulations, but no Regula-
tion has been issued to flesh out EMA's article 7 "Powers of the EMO" which deals only in a
general way with Provincial or municipal emergency measures plans, provided Regulation 84 -7
applies solely to the continuation of Government, which I argue against in the above.
Another item in the EMA also needs an interpretation. Article 8 "Powers of Minister" sub - article
8(1)(e) provides for a "person" to develop emergency measures plans in conjunction with the
EMO or the municipalities ... etc. This is the only time the EMA does not address solely the
Provincial or a municipal entity; but in the EMA's Definitions (article 1) no definition for
"person" is given. Does this article apply to the EBPC? And why? But even if such a wide
definition of a "person" is intended, the EBPC did not file its ERP with the EMO or the City of
Saint John, as this sub - article requires, but with the NEB. This would support the application of
article 2(2)(d) of Regulation 84 -7 to the EBPC's complete and ultimate responsibility for
planning for pipeline emergencies.
Whereas the EBPC is under the jurisdiction of the NEB and is not governed by NB Acts and
Regulations, the interpretation and administration of article 2(2)(d) of Regulation 84 -7 under the
EMA lies with the NB EMO. If you accept Mr. Hand's opinion, who I believe is not a lawyer, so
be it. It does not change the fact that the EBPC's present ERP edition does not provide safety for
the public in the EPZ, as I demonstrate above; and if the deficiencies in this ERP are not being
dealt with now, they will be revisited in public when Public Hearings about the proposed crude
pipeline from Alberta will be held. But than the question will probably be posed why the local
authorities did for years not correct this dangerous and easy to correct situation.
I have in the above put on record that the EBPC's ERP does not fully comply with its Certificate
GC -119 with the result that the protection of the public in the EPZ is not achieved. This subject
is within the ToR of the Commission and, I submit, can not be adequately be discussed in 5
minute abstracts. I therefore request that you call an Additional Meeting, in accordance with the
Meeting Guide article 5, on the subject of the EBPC's ERP and its missing Liaison Plan, and that
their ERP does not provide for the full protection of the public in case of an emergency.
4 251
I suggest that you select a date for the proposed Additional Meeting when the Councillors John
McKenzie and Ray Strowbridge are able to attend. The Committee's membership list actually
provides for 3 Councillors and the Mayor, and the EMA in article 9 "Powers of municipalities"
requires in sub - article (c) a committee consisting of members of a municipal council to advise it
on the development of emergency measures plans. Whereas these provisions have apparently not
been met I consider it to be of importance to have as a connection to the City Council these two
Councillors in attendance.
Yours truly,
Original Signed By
H. SAUERTEIG
(H. Sauerteig)
Attached: Copy of INITIAL NOTIFICATION page 2 of ERP Section No. 02, Reference No. 01
Copy of "FERT "STRUCTURE page 1 of ERP Section No. 02, Reference No. 0
5252
1. There was no alerting of the public. I should add that the "Emergency Alert",
which the EMO introduced in Saint John some time after the exercise, is not
suitable for pipeline alerts because it only alerts "registered" citizens. It failed in
the past to alert all citizens to a boil -order and did not notify all car- owners in the
South End to move their cars in anticipation of a snow storm. It does not alert
within minutes everybody living in or temporarily being in the endangered zone.
2. The public was not informed "by the local authorities" (as the EBPC would like to
have it) or by the EBPC about the type of emergency, and how to react to it.
3. The public was not previously and not during the exercise informed when and
under which circumstances to evacuate via which route to which place.
4. The EBPC employees, which miraculously were all at the site instead at their jobs
along the 287 km pipelines, did not assume their leadership roles assigned to them
in the ERP Field Emergency Response Team (FERT) Structure (urban) pg. 02/03.
5. Apparently the FERT commander did not arrive from Fredericton to direct the
FERT, which shows that the management of an emergency from their Fredericton
office, as provided for in the ERP, is not working and has to be changed.
6. The S J EMO Operations Centre at Leinster Street had not been activated.
7. It could not be verified if another Command Centre had been established, because
if it existed, it was not marked. How were what exercise - operations directed?
8. No Plume Detection was exercised, and it is not clear in the ERP who would be
responsible to conduct this operation.
9. No firefighters in protective clothing advanced with gas detectors toward the
emergency site to establish safe areas and to search for casualties.
10. This was supposed to be a worst -case emergency scenario but the script did not
provide for any explosion or even a single burning building or plant. Instead it
seemed to be designed to report on paper only that the EBPC complied with the
Condition 21(a), whereas they did not actually comply with all its 6 elements.
11. No Ambulance was called to attend to the two reported injuries or casualties.
12. The police did not simulate the blocking of all streets leading to the area.
Please Note: The above 12 items are those mentioned in my letter of February 19, 2013.to Fire.
Chief Kevin Clifford. They are emergency response activities which are essential for the safety of the
public in the Emergency Planning Zone (EPZ) of the Emera Brunswick Pipeline and therefore must
form part of the Emergency Response Plan (ERP), and they have to be demonstrated successfully in the
field exercise which is a requirement of Condition 21 (a) of EBPC's Certificate GC -110 but, as shown,
were not demonstrated.
253
BRUNSWIGt PIPELINE
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Procedure Issue Date: JANUARY 2009
Approved bv:
So .n No Referane No,
02 03
FIELD EMERGENCY RESPONSE TEAM STRUCTURE
URBAN
LOCAL FIELD EMERGENCY RESPONSE TEAM ASSIGNMENTS - URBAN
LEVEL 1, 2
at 3 ALERT
• ASSISM wral media relations
Responds tp pubic Inquiries
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DiracL public protection activity
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evacuatbMsolation/securlty, to be ceniod out I
by first responders !
— Rovers
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256
The gas pipe explosion occurred around 7:45 am
on Sunday, 141 September 2008 near the town of
Appomattox, Virginia. A September 14 article on
the Lynchburg News Advance website notes:
"It was what can only be described as
a massive fireball, a quarter -to a half -
mile tall and at least that wide," said
Appomattox County Deputy John
Mattox, who was patrolling rural Log
Cabin Road when the explosion
occurred. "I couldn't see to the other
side of it because that fireball was so
massive. The concussion of it almost
knocked me off my feet a quarter mile
away, and the heat ... I thought it was
coming for me and I couldn't get back
fast enough ".
Five people were injured and two homes were
destroyed in the blast. Other photographs of the
explosion site are available on the Lynchburg
News Advance website.
257