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2013-11-12_Agenda Packet--Dossier de l'ordre du jourr. City of Saint John Common Council Meeting AGENDA Tuesday, November 12, 2013 6:00 pm Council Chamber Please use Chipman Hill entrance S'il vous plaft 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. Pages 1. Call to Order - Prayer 1 . 1 Kevin Hicks - Recognition of Safety Performance on Hillcrest Road 2 - 3 2. Approval of Minutes 2.1 October 28, 2013 Minutes 3. Approval of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 4 -11 5.1 M &C 2013 -246 Saint John City Market - Lease of Space - Stalls "10" and "11" 12-39 (Recommendation in Report) 5.2 M &C 2013 -247 Designation of Staff for Entry on Premises under the Community 40-42 Planning Act (Recommendation in Report) 5.3 M &C 2013 -241 Lease Renewal for #169 Market Place West - Saint John Port 43-45 Authority Property (Recommendation in Report) 5.4 M &C 2013 -244 Memorandum of Understanding — Provision of CBRNE 46-51 Instructor Services 5.5 Chinese Cultural Association of Saint John - Request for Funds 52-55 (Recommendation: Refer to 2014 Budget) 1 Po and By; &1BE. 5.6 Key Industries - Request for Funding (Recommendation: Refer to 2014 Budget) 56-56 5.7 Saint John Cat Sanctuary Group - Request for Funds (Recommendation: Refer 57-64 to 2014 Budget) 5.8 The Hardman Group Limited - New Year's Even Celebrations 2013 65-67 (Recommendation: Refer to 2014 Budget) 5.9 River Road Community Alliance - Requests for 2014 Budget (Recommendation: 68-73 Refer to 2014 Budget) 6. Members Comments 7. Proclamation 8. Delegations / Presentations 9. Public Hearings 10. Consideration of By -laws 10.1 Proposed Municipal Plan Amendment 1006 Latimore Lake Rd 74-75 11. Submissions by Council Members 12. Business Matters - Municipal Officers 12.1 M &C 2013 -243 2012 -2013 Winter Management Plan Review and Update 76-103 12.2 M &C 2013 -240 Woodville Road Overnight Winter Parking 104-109 12.2.1 City Solicitor - Overnight Winter Parking Restriction Amendment to 110 - 112 the Traffic By -Law Woodville Road 12.3 M &C 2013 -245 Contract No. 2012 -25: Mill Street - Sanitary Lift Station #31, 113 - 115 Force Main & Sewer 13. Committee Reports 13.1 Uptown Saint John - Key Priorities 116 - 117 13.2 Board of Trustees Shared Risk Pension Plan - Amendment to Declaration of 118-120 Trust 13.3 Saint John Board of Police Commissioners - Final Update - Peel Plaza Fit Up 121 -124 Costs (Capital Budget) 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 1 16. Supplemental Agenda 17. Committee of the Whole 17.1 Pension Pursuant to the Terms of HLA 17.2 Proposed Agreement between The City of Saint John and Mr. Jim Bezanson and the NB Human Rights Commission 17.3 Scheduling a Committee of the Whole Meeting 17.4 Operating Costs Agreement - Saint John Police Headquarters 17.5 Cox & Palmer: Horizon Health - Tucker Park 18. Adjournment 3 125-125 126-135 136-136 137-355 356-358 City of Saint John Common Council Meeting Tuesday November 12, 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 Land Matter 10.2(4)(d) 1.3 Scheduling a Committee of the Whole Meeting 1.4 Legal Matter 10.2(4)(f) 1.5 Land Matter 10.2(4)(d) 1.6 Land Matter 10.2(4)(d) 1.7 Personal Matter 10.2(4)(b) 1.8 Financial Matter 10.2(4)(c) 1.9 Financial Matter 10.2(4)(c) 1.10 Personal Matter 10.2(4)(b) The City of Saint John Seance du conseil communal Le mardi 12 novembre 2013 18 h Salle du conseil Comit6 pl6nier 1.Ouverture de la seance Si vous avez besoin des services en frangais pour une reunion de Conseil Communal, veuillez contacter le bureau de le greffier communal au 658 -2862. Chacun des points suivants, en totalite ou en partie, peut faire l'objet d'une discussion en prive en vertu des dispositions prevues a Particle 10 de la Loi sur les municipalites. Le conseil /comite prendra une ou des d6cisions a cet 6gard au cours de la seance publique 16 h 30 — Salle de conf6rence, 8e 6tage, h6tel de ville 1.1 Approbation du proces- verbal — paragraphe 10.2(4) 1.2 Question relative aux biens -fonds — alinea 10.2(4)d) 1.3 Etablissement du calendrier des r6unions du comite pl6nier 1.4 Question juridique — alinea 10.2(4)/) 1.5 Question relative aux biens -fonds — alinea 10.2(4)d) 1.6 Question relative aux biens -fonds — alinea 10.2(4)d) 1.7 Question relative au personnel — alinea 10.2(4)b) 1.8 Question financiere — alinea 10.2(4)c) 1.9 Question financiere — alinea 10.2(4)c) 1.10 Question relative au personnel — alinea 10.2(4)b) S6ance ordinaire 1. Ouverture de la reunion, suivie de la priere 1.1 Kevin Hicks — Reconnaissance des resultats en matiere de securit6 sur le chemin Hillcrest 2. Approbation de proces - verbaux 2.1 Proces- verbal de la seance tenue le 28 octobre 2013 3. Adoption de l'ordre du jour 4. Divulgations de conflits d'int6r6ts 5. Questions soumises a 1'approbation du conseil 5.1 M/C 2013 -246: Marche municipal de Saint John — Location d'etal aux n" 10 et 11 (recommandation figurant au rapport) 5.2 M/C 2013 -247 : Designation du personnel autoris6 a p6n6trer dans les locaux en vertu de la Loi sur Purbanisme (recommendation figurant au rapport) 5.3 M/C 2013 -241 : Reconduction du bail relatif au 169, place Market Ouest — Administration portuaire de Saint John (recommandation figurant au rapport) 5.4 M/C 2013 -244 : Protocole d'entente — Prestation de services d'instructeurs au CBRNE (recommandation figurant au rapport) 5.5 Chinese Cultural Association of Saint John — Demande de financement (recommandation : renvoyer au budget de 2014) 5.6 Industries cl6s — Demande de financement (recommandation : renvoyer au budget de 2014) 5.7 Saint John Cat Sanctuary Group — Demande de financement (recommandation : renvoyer au budget de 2014) 5.8 The Hardman Group Limited — Celebration 2013 de la veille du jour de 1'An (recommandation : renvoyer au budget de 2014) 5.9 River Road Community Alliance Inc. — Demandes de fonds au budget de 2014 (recommandation : renvoyer au budget de 2014) 6. Commentaires prksent6s par les membres 7. Proclamation 8. I)Wgations et pr6sentations 9. Audiences publiques 10. Etude des arret6s municipaux 10.1 Projet de modification du plan municipal relatif au 1006, chemin Latimore Lake 11. Interventions des membres du conseil 12. Affaires municipales 6voqu&s par les fonctionnaires municipaux 12.1 M/C 2013 -243 : Examen et mise a jour du Plan de gestion hivernal 2012- 2013 12.2 M/C 2013 -240 : Stationnement sur rue en hiver la nuit sur le chemin Woodville 12.2.1 Avocat municipal: Modification de 1'arr&6 concernant la circulation dans le cadre des restrictions relatives au stationnement sur rue en hiver la nuit (chemin Woodville) 12.3 M/C 2013 -245 : Conduite d'eau principale et 6gout sanitaire a la station de rel &vement n° 31 de la rue Mill — Contrat ri 2012 -25 13. Rapports deposes par les comites 13.1 Uptown Saint John — Principales priorit6s 13.2 R6gime de retraite a risque partag6 administr6 par le conseil d'administration : Modification a la D6claration de fiducie 13.3 Bureau des commissaires de la police de Saint John — Couts d'am6nagement de la place Peel (budget d'immobilisations) 14. Etude des sujets ecartes des questions soumises i 1'approbation du conseil 15. Correspondance g6nerale 16. Ordre du jour supplementaire 17. Comite plenier 17.1 Pension en vertu des modalit&s de la Heart and Lung Act (loi sur le coeur et les poumons) 17.2 Projet d'entente entre la Ville de Saint John et M. Jim Bezanson et la Commission des droits de la personne du Nouveau - Brunswick 17.3 La planification dun comfit& pl6nier r6union 17.4 Les couts de fonctionnement de 1'accord - siege de la police de Saint John 17.5 Cox and Palmer: Horizon Sant& - Tucker Park 18. Levee de la seance REPORT T ► COMMON COUNCIL M &C2013 -242 November 5, 2013 His Worship Mayor Mel Norton And Members of Common Council Your Worship and Members of Council, i The City of Saint John SUBJECT. Nevin Hicks — Recognition of Safety Performance on Hillcrest Road BACKGROUND Hillcrest Road is a rural -style road in East Saint John that is very challenging with limited sight lines and many abrupt and close -by horizontal and vertical curves. It has been identified by the City Traffic Engineer within M &C 2013 - 151 — Guiderail Best Management Practice — Hillcrest Road that the average speed is 58 km /h and the 85th percentile speed was measured to be 68 km /h meaning that 85% of the slowest vehicles were traveling at or below 68 km/h. The posted speed limit is 50 km/h with the exception of 40 km/h in the area near Civic # 110 Hillcrest Road. ANALYSIS On October 10, 2013, the Transportation and Environment Services Roadway Maintenance crew were on Hillcrest Road when a serious incident occurred involving the collision of a one -ton truck with the City's asphalt trailer within the City's work zone. Kevin Hicks and fellow crew members were in the process of Work Zone Safety set up at the time of the incident, in preparation for asphalt work in the vicinity of a guiderail that had previously been the site of a tragic accident. At the time of the incident, all signage required by the City's Work Zone Safety Manual had been deployed and met all standards as confirmed by Worksafe NB. As Highway Signallers were about to assume their stations, a private vehicle (one -ton truck) approached the jobsite at high speed. This section of the Hillcrest Road has many turns and sight lines are limited. Kevin and the crew were working to offload equipment from the trailer and could not see the approaching vehicle. Nevertheless, Kevin heard the vehicle's muffler and engine, recognized that the vehicle had not slowed in response to the City's Work Zone Safety signage, and immediately understood the nature and seriousness of the hazard. A split second later, Kevin pulled a crew member, Ken McCarthy, who was in the path of the 2 Kevin Hicks — Recognition of Safety Performance Report to Common Council, M & C 2013 - 242 November 5, 2013 Page 2 approaching vehicle, off the road and out of harm's way. In another split second, the approaching vehicle collided violently with the City's asphalt trailer. Kevin's actions saved Mr. McCarthy's life. For heroism, for exemplifying all that is best in our commitment to each other, to our organization and to the community we proudly serve, we commend Kevin Hicks on behalf of the City of Saint John and extend our deepest appreciation. RECOMMENDATION Staff recommends that Common Council receive and file this report. Respectfully submitted, R. Kevin Rice, B.Se., CET Deputy Commissioner Transportation and Environment Service ,� e� 5 _. m. Edwards, P. g. Commissioner Transportation and Environment Service :),G C � 0-*L atrick Woods, CGA Manager 9 97- COMMON COUNCIL /CONSEIL COMMUNAL OCTOBER 28, 20131LE 28 OCTOBRE 2013 COMMON COUNCIL MEETING — THE CITY OF SAINT JOHN CITY HALL — OCTOBER 28, 2013 - 6:00 P.M. Present: Mel Norton, Mayor Deputy Mayor Rinehart and Councillors Farren, Fullerton, Lowe, MacKenzie, McAlary, Merrithew, Norton, and Reardon - and - P. Woods, City Manager; J. Nugent, City Solicitor; G. Yeomans, Commissioner of Finance and Treasurer; W. Edwards, Commissioner of Transportation and Environment Services; A. Poffenroth, Deputy Commissioner Building and Inspection Services; J. Hamilton, Commissioner of Growth and Community Development Services; N. Jacobsen, Commissioner of Strategic Services; J. Fleming, Sergeant -at -Arms; K. Clifford, Fire Chief; J. Taylor, Common Clerk; P. Anglin, Acting Deputy Common Clerk. Regrets: Councillor Strowbridge Call to Order — Prayer Mayor Norton called the meeting to order and Rev. Andrew Morse, Hillcrest Baptist Church, offered the opening prayer. 1.1 Presentation of Certificate to Ian Wilson On behalf of Council, Mayor Norton presented Mr. Ian Wilson an honors certificate from the City of Saint John and Province of New Brunswick for his long- standing service with the Saint John Free Public Library. 2. Approval of Minutes 2.1 Minutes of October 7, 2013 On motion of Councillor McAlary Seconded by Councillor MacKenzie RESOLVED that the minutes of the meeting of Common Council, held on October 7, 2013, be approved. Question being taken, the motion was carried. 2.2 Minutes of October 15, 2013 On motion of Councillor McAlary Seconded by Councillor MacKenzie RESOLVED that the minutes of the meeting of Common Council, held on October 15, 2013, be approved. Question being taken, the motion was carried. 3. Approval of Agenda On motion of Deputy Mayor Rinehart Seconded by Councillor McAlary RESOLVED that the agenda of this meeting be approved with the addition of items 17.2 Committee of the Whole: Scheduling of Meeting on November 4, 2013; and 17.3 Committee of the Whole: Recommended Appointments to Committees. Question being taken, the motion was carried. On motion of Councillor Farren Seconded by Deputy Mayor Rinehart RESOLVED that item 13.1 Finance Committee: 2012 Audited Financial Statements be moved forward on the agenda. 11 97- COMMON COUNCIL /CONSEIL COMMUNAL OCTOBER 28, 2013/LE 28 OCTOBRE 2013 Question being taken, the motion was carried. 13. Committee Reports 13.1 Finance Committee - 2012 Audited Financial Statements Referring to the submitted report, Mr. Yeomans presented the 2012 audited financial statements on behalf of the Finance Committee and responded to questions from Council members. Mr. Foote of Deloitte advised that the 2012 financial statements differ significantly from prior years, noting that the province has transitioned from its former accounting framework for municipalities to public sector accounting standards. On motion of Councillor Merrithew Seconded by Councillor Reardon RESOLVED that the audited financial statements of the City of Saint John Consolidated Financial Statements for the year ended December 31, 2012, be approved as presented. Question being taken, the motion was carried. On motion of Councillor Merrithew Seconded by Councillor Reardon RESOLVED that the audited financial statements of the City of Saint John Trust Funds for the year ended December 31, 2012, be approved as presented. Question being taken, the motion was carried. 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 That as recommended by the City Manager in the submitted report M &C 2013 - 230Initiate Street Closures for Portions of Waterloo, Golding and Rebecca Streets: 1. The Public Hearing for the consideration of the passing of a By -law to Stop Up and Close a 24 square metre portion of Waterloo Street, a 50 square metre portion of Golding Street and a 46 square metre portion of Rebecca Street be set for Monday, November 25, 2013 at 6:30 p.m. in the Council Chamber; and 2. Common Council authorize the publishing of a notice of the intention to consider the passing of such By -law identified above. 5.2 That as recommended by the City Manager in the submitted report M &C 2013- 237 Contract 2013 -18: Watermain Cleaning and Lining Phase 9 Contract 2013 -18: Watermain Cleaning & Lining, Phase 9, be awarded to the tenderer, Trenchless Solutions Inc., at the tendered price of $404,597.37 (including HST) as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. 5.3 That the submitted report M &C 2013 -229 North Star Holdings Ltd. - Residential Infrastructure Assistance Grant be received for information. 5.4 That as recommended by the City Manager in the submitted report M &C 2013- 235 Appointment of Bylaw Enforcement Officer, the following resolution be adopted: 1. WHEREAS, the Common Council of The City of Saint John has enacted certain by- laws pursuant to the authority of the Municipalities Act, R.S.N.B. 1973, c. M -22, and amendments thereto, including "A Law Relating to the Public Streets in the City of Saint John and to Prevent Certain Nuisances in the Said City ", and it may from time to time be necessary to commence proceedings in the Provincial Court of the Province of New Brunswick, when a person has contravened or failed to comply with the said By -law; 5 97- COMMON COUNCIL /CONSEIL COMMUNAL OCTOBER 28, 2013/LE 28 OCTOBRE 2013 AND WHEREAS, paragraph 14(1) of the Police Act, S.N.B. 1977, c. P -9.2, and amendments thereto, provides that a council may appoint persons as Bylaw Enforcement Officers for a municipality; AND WHEREAS, section 101 of the Municipalities Act, supra, provides that proceedings for breach of a by -law shall be commenced in the name of the clerk of the municipality or such other person as is designated for that purpose by the council: NOW THEREFORE BE IT RESOLVED, that Mark Chisholm is hereby appointed as a By -law Enforcement Officer with respect to the enforcement of 'A Law Relating to the Public Streets in the City of Saint John and to Prevent Certain Nuisances in the Said City'; and this appointment shall continue until Mark Chisholm ceases to be an employee of the Transportation and Environment Service of the City of Saint John or until it is rescinded by Common Council, whichever comes first; AND BE IT FURTHER RESOLVED, that Mark Chisholm is hereby designated and authorized to lay an information in the Provincial Court of the Province of New Brunswick with respect to violations to "A Law Relating to the Public Streets in the City of Saint John and to Prevent Certain Nuisances in the Said City'; and this designations and authorization shall continue until Mark Chisholm ceases to be an employee of the Transportation and Environment Service of the City of Saint John or until it is rescinded by Common Council, whichever comes first. 5.5 That as recommended by the City Manager in the submitted report M &C 2013- 231 Proposed Public Hearing Dates 7 Sherwood Drive, 233 Lancaster Street, 4105 Loch Lomond Road and 55, 61, 67 and 72 -74 Old Lake Trail Common Council schedule the public hearings for the rezoning applications of Bev Mills (7 Sherwood Drive), Scott Smith (233 Lancaster Street), 649459 N.B. Ltd. (4105 Loch Lomond Road), and Hughes Surveys and Consultants Inc. (55,61,67 and 72 -74 Old Lake Trail) for Monday, December 9, 2013 at 6:30 p.m. in the Council Chamber, and refer the application to the Planning Advisory Committee for a report and recommendation. 5.6 That the request for financial support from the Saint John Theatre Company be referred to the 2014 budget. 5.7 Refer to Item 14.1 5.8 Refer to Item 14.2 5.9 That as recommended by the City Manager in the submitted report M &C 2013 238 Saint John City Market - Lease of Space - Stalls 12, 13 and 14: 1) Common Council enter into a Lease with Dean's Meat Stall Ltd. for stalls 12, 13 and 14 together with the adjacent bench space, mezzanine space and basement space in the City Market under the terms and conditions as set out in the Lease submitted with M &C 2013 -238; and 2) The Mayor and Common Clerk be authorized to execute the Lease. On motion of Councillor McAlary Seconded by Councillor Reardon RESOLVED that the recommendation set out for each consent agenda item respectively with the exception of item 5.7 Saint John Adventures Inc. regarding Capital Budget Proceedings and item 5.8 Lord Beaverbrook Rink (LBR) Capital Program which have been identified for debate, be adopted. Question being taken, the motion was carried. 6. Members Comments Council members commented on various community events. 7. Proclamation 8. Delegations /Presentations 8.1 Uptown Saint John Inc. Presentation - 2014 Priorities n 97- COMMON COUNCIL /CONSEIL COMMUNAL OCTOBER 28, 2013/LE 28 OCTOBRE 2013 Referring to the submitted report, Mr. Matt Alexander, representing Uptown Saint John, presented its 2014 Priorities and responded to questions from members of Council. On motion of Councillor MacKenzie Seconded by Councillor Farren RESOLVED that the presentation from Uptown Saint John Inc. entitled 2014 Priorities, be received for information. Question being taken, the motion was carried. 12. Business Matters - Municipal Officers On motion of Deputy Mayor Rinehart Seconded by Councillor McAlary RESOLVED that items 12.1 Demolition of the Vacant, Unoccupied, Dilapidated and Abandoned Buildings at 30 Patricia Lane (PID #48926); and 12.2 Demolition of Vacant, Unoccupied, Dilapidated, and Fire Damaged Building at 175 Pitt Street (PID #5041), be brought forward on the agenda. Question being taken, the motion was carried. 12.1 M &C 2013 -234 Demolition of the Vacant, Unoccupied, Dilapidated and Abandoned Buildings at 30 Patricia Lane (PID #48926) On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that as recommended by the City Manager in the submitted report M &C 2013 -234 Demolition of the Vacant, Unoccupied, Dilapidated and Abandoned Buildings at 30 Patricia Lane (PID #48926), Common Council direct one or more of the Officers appointed and designated by Council for the enforcement of the Saint John Unsightly Premises and Dangerous Buildings and Structures By -law, to arrange for the demolition of the buildings at 30 Patricia Lane (PID #48926), in accordance with the applicable City purchasing policies. Question being taken, the motion was carried. 12.2 M &C 2013 -233 Demolition of Vacant, Unoccupied, Dilapidated, and Fire Damaged Building at 175 Pitt Street (PID #5041) 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 -233 Demolition of Vacant, Unoccupied, Dilapidated, and Fire Damaged Building at 175 Pitt Street (PID #5041), Common Council direct one or more of the Officers appointed and designated by Council for the enforcement of the Saint John Unsightly Premises and Dangerous Buildings and Structures By -law, to arrange for the demolition of the building at 175 Pitt Street (PID #5041), in accordance with the applicable City purchasing policies. Question being taken, the motion was carried. 9. Public Hearings 7:00 P.M. 10. Consideration of By -laws 11. Submissions by Council Members 11.1 1 Mile Interchange Truck Traffic Report (Councillor Farren) Councillor Farren moved that the report concerning the One Mile Interchange and truck traffic be brought to the Council table for discussion at this meeting. The motion was not seconded. 11.2 Helping Residents with Problems Connected to City Hall (Councillor Farren) 7 97- COMMON COUNCIL /CONSEIL COMMUNAL OCTOBER 28, 2013/LE 28 OCTOBRE 2013 On motion of Councillor Farren Seconded by Councillor Merrithew RESOLVED that Council discuss in an open meeting how City Hall can provide help to residents with issues that are connected to City Hall with the intention of helping residents through the many channels and point them in the right direction concerning their issue with such matters as property issues that arise because of permits issued, basements flooding because of road work done for the City, or damage done to property because of work done for the City. Question being taken, the motion was defeated with Councillors Fullerton, Lowe, MacKenzie, McAlary, Merrithew and Reardon voting nay. 11.3 Watershed Management Plan (Councillor Farren) On motion of Councillor Farren Seconded by Deputy Mayor Rinehart RESOLVED that the City Manager or the Common Clerk provide a date when Council will be hearing the report on our City's Watershed Management Plan. Mr. Woods advised that the target date for the report is November 25, 2013. Question being taken, the motion was carried. 11.4 Westgate Flooding Issue (Councillor Farren) On motion of Councillor Farren Seconded by Councillor Norton RESOLVED that staff provide an update of progress concerning the Westgate flooding issue such as land that has been acquired, right of ways agreed to, and environmental approvals issued; and that the matter be referred to the 2014 budget. Question being taken, the motion was defeated with Councillors Fullerton, Lowe, MacKenzie, McAlary, Merrithew and Reardon voting nay. 11.5 PRO Kids Selling Advertising Space at Community Rinks (Deputy Mayor Rinehart) On motion of Deputy Mayor Rinehart Seconded by Councillor Reardon RESOLVED that PRO Kids be granted permission to sell advertising, Board and Wall, within local City rinks, excluding The Lord Beaverbrook Rink and Harbour Station provided that this activity take place with no cost to the City of Saint John; and further, that the matter be referred to the City Manager. Question being taken, the motion was carried. 11.6 Live Web Video Cam at King's Square Bandstand (Councillor Norton) On motion of Councillor Norton Seconded by Councillor Farren RESOLVED that item 11.6 Live Web Video Cam at King's Square Bandstand (Councillor Norton) be referred to the City Manager for a report detailing the scope of work required including costing to install live web video cameras, to broadcast future events at the newly refurbished bandstand. Question being taken, the motion was carried. On motion of Councillor Norton Seconded by Councillor Farren RESOLVED that staff engage with Discover Saint John their capacity to be participants in this potential project. Question being taken, the motion was carried. 97- COMMON COUNCIL /CONSEIL COMMUNAL OCTOBER 28, 2013/LE 28 OCTOBRE 2013 11.7 Open Data Policy (Councillor Norton) On motion of Councillor Norton Seconded by Councillor Farren RESOLVED that Common Council engage all City of Saint John departments, agencies, boards and commissions, including the Saint John Police, Power Commission of the City of Saint John and Saint John Water for input in the drafting of a City of Saint John Open Data Policy. Responding to a question, Mr. Jacobsen provided background information on the City's data management procedures, including an overview of the data sets that the City currently available to the public. Question being taken, the motion was carried. On motion of Councillor Norton Seconded by Councillor Farren RESOLVED that Common Council request the City Manager to draft an open data policy that reflects the input received during the engagement process to be considered for adoption by Saint John Common Council and subsequently all departments, agencies, boards and commissions. Question being taken, the motion was carried. 11.8 Budget Document (Mayor Norton) On motion of Councillor McAlary Seconded by Councillor MacKenzie RESOLVED that the City Manager be directed to prepare an annual report which would outline the city's accomplishments, goals and outcomes each year. Question being taken, the motion was carried. 12.3 Council Priority Update Session Scheduling On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that as recommended by the City Manager in the submitted report Council Priority Update Session Scheduling Common Council schedule a special meeting to update Council's Priorities and ensure the Corporate Strategic Plan aligns with these priorities to be held Monday, November 18, 2013 in the Ludlow Room, 8th Floor City Hall, starting at 4:30 p.m. Question being taken, the motion was carried. 12.4 M &C 2013 -232 Council Session: ZoneSJ On motion of Deputy Mayor Rinehart Seconded by Councillor McAlary RESOLVED that as recommended by the City Manager in the submitted report M &C 2013 -232 Council Session: ZoneSJ, Common Council secure Monday, December 2, 2013 as a Council Session for ZoneSJ, to specifically to provide a detailed briefing on the proposed community standards in the Draft Zoning By -law and seek Council's feedback on further changes. Question being taken, the motion was carried. 12.5 M &C 2013 -236 Owner's Engineer - Safe, Clean Drinking Water Project On motion of Councillor McAlary Seconded by Councillor Farren RESOLVED that as recommended by the City Manager in the submitted report M &C 2013 -236 Owner's Engineer- Safe, Clean Drinking Water Project, the proposal from CBCL Limited for engineering advisory and design services as the Owner's Engineer - Safe, Clean Drinking Water Project be 9 97- COMMON COUNCIL /CONSEIL COMMUNAL OCTOBER 28, 20131LE 28 OCTOBRE 2013 accepted and that the Mayor and Common Clerk be authorized to execute the appropriate documentation in that regard. Question being taken, the motion was carried. 14. Consideration of Issues Separated from Consent Agenda 14.1 Saint John Adventures Inc. regarding Capital Budget Proceedings On motion of Deputy Mayor Rinehart Seconded by Councillor Reardon RESOLVED that the letter from Saint John Adventures Inc. regarding Capital Budget proceedings be referred to the City Manager and the 2014 budget deliberations, Saint John Waterfront Development Corporation and the Department of Tourism and /or Discover Saint John. Question being taken, the motion was carried. 14.2 Lord Beaverbrook Rink (LBR) Capital Program Responding to a question, Ms. Poffenroth stated that her office is not aware of any issues with the sprinkler system or the fire doors at the Lord Beaverbrook Rink (LBR), adding that she will follow up with the concerns raised with respect to the LBR. On motion of Deputy Mayor Rinehart Seconded by Councillor MacKenzie RESOLVED that the letter from the Lord Beaverbrook Rink (LBR) Capital Program be referred to the 2014 budget and that it includes how it fits with PlaySJ. Question being taken, the motion was carried. On motion of Deputy Mayor Rinehart Seconded by Councillor Farren RESOLVED that staff be directed to immediately check the sprinkler system at the Lord Beaverbrook Rink (LBR) and if it is found to not be in working order that, if necessary, the Lord Beaverbrook Rink (LBR) be closed until such time that it is repaired. Question being taken, the motion was carried. 15. General Correspondence 16. Supplemental Agenda 17. Committee of the Whole 17.1 Committee of the Whole: Recommended Appointments to Committees On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that as recommended by the Committee of the Whole, having met on October 15, 2013, Council makes the following appointments to Committees: Taxicab Advisory Committee: Notwithstanding the policy adopted by Common Council on October 29, 2012 regarding appointments to agencies, boards and commissions, to re- appoint Gary Williston, Mack Tobias and Ralph Holyoke each for a one year term from October 28, 2013 to October 28, 2014. Destination Marketing Organization: to appoint Ray Gracewood for a three -year term from October 28, 2013 to October 28, 2016. Question being taken, the motion was carried. 17.2 Committee of the Whole: Scheduling of Meeting on November 4, 2013 On motion of Councillor Farren 10 97- COMMON COUNCIL /CONSEIL COMMUNAL OCTOBER 28, 2013/LE 28 OCTOBRE 2013 Seconded by Councillor McAlary RESOLVED that as recommended by the Committee of the Whole, having met on October 28, 2013, Council schedule a Committee of the Whole closed session meeting on Monday, November 4, 2013 at 4:30 p.m. in the 8th Floor Boardroom of City Hall. Question being taken, the motion was carried. 17.3 Committee of the Whole: Recommended Appointments to Committees On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that as recommended by the Committee of the Whole, having met on October 28, 2013, Council makes the following appointments to Committees: Saint John Parking Commission and Saint John Transit Commission: to re- appoint Don Smith to both commissions for a three year term from October 28, 2013 to October 28, 2016; that the term of Lionel Bordage on the Saint John Parking Commission be brought to an end effective October 28, 2013 to be consistent with his expiry on the Saint John Transit Commission; and, that Andrew Valeri be appointed to both commissions for a three year term from October 28, 2013 to October 28, 2016. Harbour Station Commission: the term of John Correia be brought to an end effective October 28, 2013 and that a letter be sent by the Mayor to Mr. Correia thanking him for his long -term service; and that Rod Borden be appointed for a three year term from October 28, 2013 to October 28, 2016. Lord Beaverbrook Rink: to appoint Chuck Crawford and Mark LeBlanc each for a three year term from October 28, 2013 to October 28, 2016. Carleton Community Centre Advisory Board: to appoint Meagan Colwell, Stephanie Guimond and Rhoda Welschman each for a three year term from October 28, 2013 to October 28, 2016. Question being taken, the motion was carried. 18. Adjournment On motion of Councillor McAlary Seconded by Councillor Reardon RESOLVED that the Common Council meeting of October 28, 2013, be adjourned. Question being taken, the motion was carried. The Mayor declared the meeting adjourned at 8:20 p.m. Mayor / maire Common Clerk / greffier communal 11 REPORT TO COMMON COUNCIL M &C 2013 -246 November 5, 2013 His Worship Mel Norton And Members of Common Council Your Worship and Councillors: SUBJECT Saint John City Market - Lease of Space — Stalls "10" and "11" BACKGROUND The City of Saint John 514807 N.B. Inc. has not had a formal lease since August 31", 2012; rather they have been overholding tenant. Since November of 2012, staff of the City Market and Facility Management has been attempting to negotiate fair lease terms with the Owners of 514807 N.B. Inc. Following almost twelve months of meetings, conversations and correspondence, lease terms have been agreed to in principle by both parties. 514807 N.B. Inc. hopes to continue leasing stalls 10 and 11 together with the adjacent bench space and mezzanine space, which is approximately One Thousand Five Hundred and Sixty -Two square feet (1,562 ftz) of leasable area in the Saint John City Market, 47 Charlotte Street, Saint John, New Brunswick. 514807 N.B. Inc. intends to operate continuously, actively and diligently for the sole purpose of a general produce merchant with specific covenants of sale, as outlined in the proposed Lease (attached). The proposed use is considered appropriate in that it will maintain the current utilization of said space. ANALYSIS 514807 N.B. Inc. has been a leasing tenant in the Saint John City Market since November, 2011, has been compliant regarding rental payments and is familiar with the protocols which govern the City Market and tenants. 514807 N.B. Inc. has submitted all the necessary documents and information required to enter into a lease agreement with the City of Saint John. FINANCIAL CONSIDERATIONS The proposed Lease (attached) is highlighted by a term of five years with rent that ranges from $27.00 per square foot (psf) in year one to $30.00 psf in the fifth year, increasing year over year to reflect a forecasted increase for the consumer price index. The proposed rent is believed to be appropriate based on the size, accessibility of space, and the location of stall. The Gross rent shall be paid in equal monthly installments, monthly in advance, via pre - authorized debiting. There is some Landlord's base building work required and upon execution of the Lease by authorized officers of the City of Saint John, a mutually agreeable renovation schedule will be developed with 514807 N.B. Inc. 12 Report to Common Council Page 2 of 2 Saint John City Market - Lease of Space - Stalls "10" and "11" INPUT FROM OTHER SOURCES Staff of the City Market, Facility Management Department, Legal Department, and the Finance Department have all reviewed and contributed to this report. RECOMMENDATION Your City Manager recommends: 1) That Common Council enter into a Lease with 514807 N.B. Inc. for stalls 10 and 11 together with the adjacent bench space and mezzanine space in the City Market under the terms and conditions as set out in the Lease submitted with MC2013 -246; and 2) That the Mayor and Common Clerk be authorized to execute the Lease. Respectfully sub itted, Trevor Gamblin, M.Sc , P.Eng. Manager, Facility na ment Gregory J. eom s, CGA, MBA Commissioner, inance and Administrative Services a ick Woods, CGA C Manager 13 Form AI►19 LEASE ,3mdard Fenn o}'Coavey xm4d, S.N B.19M, G S -12, s.2 The parties to this lease am The City of Salsa Jolts, having its City Hall at 15 Matiot. Square, Saint John, New Brunswick, a body corporate by Royal Charter, conffrmed and amended by Acts of the LcFW&ve Assembly of the Provitm of New Hmnswicic, the "Lome - and — 514807 N.B. Ine., having its regia Bred office at 29 Corsica Court, Saint John, New Brnnawiok E2M 5G9, a duly incorporated company under the laws of the Province of Now Brunswick, the "Lessee" The "Rules and Regalatiore attached hereto as Schedule "D" and the Form attaBlud hereto as Schedule "D-1" form part of this Leam The Lessor leases to the I== the premises described in Schedule "A" afached hereto on the following conditions: Duration: Date of Commencement: Date ofTermumtiow Payment Dates: Place of Payment: S years October 1, 2013 Septamber 30, 2018 First day of each and every moWh during the term hereof Cashier's Office city Hal Saint John, NB This ioese contains the coven&= and conditions which are attached and at out in Schedule "Co. DATED , 2013. SIGNED, SEALED & DMZrERED In the presence of.' 14 THE CITY OF SAINT JOEN Mayor ::drama . ^,1d.:'. .. —. , Common Council Resolution: 2013. 2 0 YVRED M • A 41 F* 14 .....u. . Ww On l AIL 1 � w ! I ! LV r • r � � ewn IYLL a j O l I I I r eenr mW of 9p� City Market. Stalls 10 and 11, Benches B1, 02, Bk B4,95,66, Display and Section A Sheet 1 of 2 Saint John, N.B. hereby =d1fy that the rentable area ae shown cbora It 1,27$ Squm Fm* Daka: Bapl. 28, 2012 SCti: V-101 WO1lES =1 T5 lk COQISOIJFAM'l,1fi WO- 15 N lm of Spm: 1 1 I I y s .+ II .A '7— E I TMI, Madfsh .MazzoninG Floor Stlad 2 of 2 I hcraby c =art *y u id 'I ib m , cble area as shown abav $ Square Faut Dde: Mar. 4� 2013 ftale: 1061W MUCRW 91J7R5 WO &a C^OIWU;2V- 11-3 ;[l4'C. Saint John, N.B. sb._nvwwv i Oba msN,es 16 LEASE YOM STALL SPACE CI'L'Y MIM: 514807 N.B. INC. SgURDM &= ARTICLE I DEFINITIONS 1.01 Definittonr In this leases a) "A,dditWW Rant' teams all and any monies required to be paid by the Lessee to to Lessor under or puraxot to tha terms of We Lease, save only for Gross R=4 b) "Arebit a *0 mean the architect ftm time to time named by the Lamm or at 69 option of the Low. the ImaWs gemmal conbactar Any certificate provided by the Architect and called for by the terms of this Lease shall be final and binding on the pfftioshe ' c) Xkto neneeownt Dail' means a data domed im a cordaace with the provisions of section 2.03; d) "Common Anaer me= those areas, Vim. uWAtes. unpro and insmllstioms in the City bVladoet which from date to firma an not designated or intended by the Lessor to be teased to tame mu of Ie City Msal K and those am s. fi=IWM utilities, imps, equipma d and mama which serve or arm for the benefit of the City Madust whether or not k*sted in, adjacent to or neatr the City Marlaet and which arc designated Om time to time by the Lam as part of the Camrmon Areas. Wititaut lindttmg the gmecality of the fmp mg, Commas Amax imehrdes all parUM areas, all e and aorta thereto and all sboctural dements tberao& access roars, trnak oour% driveways, truckway% ddivery Pam the moil exterior wester walls, exterior and interior shuchwal elements and bearing wails in the building and dents oampn=Z do City MmorkK pacimp pick -up stations, loading and related auras, podeet = stiarvmys, ramps, electrical, telephone, meter, valve, macbanicul, non atnrer service and jmnbar rooms and ga0eties, fie proven ions, security and communication system, ov!> =6 pipes, deotsicsel, plumbiaq, dtainage, may cockal system for the p mvW= of heating ventilating or air conditioning to leseeable premises or amy esolosed Co®mon Areas and all other watalladoms, oqaqmznt or services located tbra = or related domto as well as the shuohues housing inssandoms, inciading but not limited to all open and enclosed smalls, courts and arcades, public seebw and service won, ootridors, *mimeo, fast aid andlor ia$osmatioa stations, amdfkz* oonf onn roams, nerveries, childcare play areas and related ldtchm and storage fkUitiea, escalators. elevators, public washrooms, music systems and any atrium seadnWfood court; e) "C.P.L " mom the Consumer price Indem (All Items) for Canada (or my index published in substitution for the Consumer Price Index or any other replaoameemt under reasonably desipMed by the Lessor, if it is na bW published) published by statistics Canada (or by arty auoeessor thereof or any other govermr motal agmoy, h oludimg a provaroial agency); f) "Atrium SeadnWFood Carat" magma those portions of the Common Areas designated by tha Lessor $our time to time Eoruae in support of the op enAocs of any gmup of premises providing quick food service to antomrers of the City Mad wt and inc Aw, without lnmitimg the gencivW of the foregoing, public tabb and coating areas, waft collectim facilities and other anus, fie ities and equipment intended for such use; g) "H97 m ams harmonized sales texas. value-added tares, nn -stave tours, busUm transfer taxes or odhea similar taxes however they are characterised and may taxes is lien thereoF, h) "11asardous St*sMmcW means any comtaminaat, polhriar%, dangerous subsumce, potemtiadly dangerous aubetance. noxious substance, tonic substance, hamerdow waste, fiatumable, cq&dve or radioactive :material, mme. fosunsldehyde feam insulation, asbestos, PCB's or may other substances or materials that are dechired or defined to be hnzartdOas, tmxic, txamamimaras or palLu111118 in or pursusat to sny applicable federal, Provincial or mama cqW xbMrtc, by-law ar rrlgdWWO% 17 L�tar steel specs — CkW Mae * 5IG07 N.B. Isc. srbedt" Oc° -I*pZ. i) "Lessor" includes rho Lessor and its successatsa and assigns; "Lease" meens this holm to of Ion and includes any rulers and acheduies hereto and shall also include any asteemode a t ted into which have the effect of emending this indamtttre from time tO Huse; k) "Leased Premises" means the promises leased to the Lessee as r+eftr+ed to and described in Section 2,01 bated. Srm as mactioned below, the bocmdadw of the Leased Premises shall estead from the top svzface of tine atrmchuid a ftbor to the bottom mwfsoo of the structural ceiling. If the Leased Pmmiees bave no oeihug abuuiug the deamsmg wails, but latlrar are open to the CeiHn$ of the City Marloet building, the bogies of the Leased Premises eatcnd fern the top srafkc of the setmral subiloor to the height of the demW g waft "Lease Year" shell mean a period of tame commmenoft on Vet Ober r and caring on Sepeember'.lae of the thllowiag year; m) "(hoes Rem' means the ammuel Gwas Rent payable by the Lessee pmauant to Section 3.01; n) "Openong CoW meatus the tiotal coat and expense incroscd in owning, cpeaatin& maintaining, B and adminWaring the My Market and the Common Ames6 speaiScaW including without limWm the generality of the ftqpio& say cqW or place of ownaehip taxes levied a pmet the Lamm or any owes of the City Madmt on account of their intraest in the City Madoet, in an amount equitably allocated to the City Maroat by the Lessor; gardening and bndscq mg charges; the cost and expanses of taking out the bmrence described in 5eodoa 9.03; cog, arrow mxv4 gaitep and waste collection and disposal; lighting, eleatricitA public utilities, load Weal=% public address and musical broadowft systrms and gray telephone aaawa'ing service need in or serving the City Madwt, and fire cost of electimV and mahAtmemoe for any signs designated by the Lessor as part of the Common Areas; polieimg, security, atpe 4don sad ftfrw coatml; salaries sad bawfsts of all sups vimy and other pemomnel employed k connection widr the City Marina and sa magement mT= tent impohcd to the City Madoat by the Lessor, acting reesonably; Management Fee, the cost of providing additimal padit or other Camtmion Amu for the barest of the City Matloei, whether such costs be Twm or other type of cocas; the coats and eapeasas of envkonmanud Bite reviews and inveedgWook removal end/or clean -up of Mzmdoae llubeiancee fiom the Common Areas; the cost of the mmtal of any equipment and Ops end the costa of auppffn used in tha mxWm== and Mandion of the City Merloet and the Commas Areas; aceoaadng amd audit fees incurred in the preparation of the ststemeats nquired to be por ep -nad and supplied by the Lessor =Wa the te®s of this Lease; beating, veotRsting end air conditionfng of the Common Areas; all repairs and replacarvenis to end mare and operation of the City Mariner and the Common Areas; depreciation or amorazMm of the costs, including repair and replecamea L of all ma iftence and cieacmmg otpopment, master utility and m% and all otim funnies, eqpipment, and Sd serving or comprising The City Ma*d or the Cammam Mess; which ate not charged fully In fire Leese Your is which they are incatned, from the earlier of the date when the cast was uncaused or the C mancetment Date, at rates on the various Wem detrmltted Thom time to time by the Leaear m accamdremce with sotmd acceimhng priacklee; o) "Propmtionam Share'' moms a fracdc m, the mfr of which is the Rentable Area of die Leased Pmmises and the denominator of which is the Rentable Amt of the City p) "Roe means all Gross Raft and Additional Rent payable pursuant to the terms of this Lease; q) ble Area of the Leased Pronisea" meeus the anew eapm+emad in square feet of all Boors of the Leased Premises me• tmDd fromm: L the admior two of all a tarior walla, doors aad wlmdowr. iL the odarier face of all interior walls, doora and windows aeparadng the Leased Promisee iinm Common Aress; if mr, end iii, the cure line of all interior walls separating the Loused Premises fl+am 4oia� les sable The Ramlable Aron of dw Leased Premiss imeludes all interior space whether or ix t oomood by prweadons. atrucu m or cohrmms, strucWral or non-str winial, sad if the more front is recessed from the lease line, the area of each moose for all purposes lies within the Rentable Area of the Leased Premises. in Laud far Step spMe —Uty I+dadcat 314sU7 H.B. hm Schaaule'C" _P,983. " lisatable Area of the City Market" means the area in sgtmm £Oat of all rentable. pneauhses in the City Madoet set aside for leasing by the Lessor fimm tame to time, accept £Or any enemy as designated by the Lessor for which there is no Omen Rent payable, Provided howavar that the Lessor shall credit to Operating Costa any contnbhtions received in respect of such Opoiathlg Costa from the occupants of any of this areas vachxkd fro® the Rentable Area of the City Market in aoowdence with this deli idon. Pmvidod tlutbar that in dalminining the fraction that is the Lessee's Propo itonete Wawa, if the Leased Premises consists of say of the fongoing escaladed categories, the Rcamble Area of that astegay will be included in the Rentable Area of the City Marl a) "Rules and Regulations" mains the rides and repletion adopted and pia mlgatod by the Lessor from time to tints acting reasonably, including than listed on Schedule "D"; t) "City Marker means 69 lands and premises Imown by the civic address 47 Madotte Surat, Saint Jobe, New l3runswiclS sa such hinds and pramises may be abwed, expended or reduced fiom time to time and the buildings, improvements, equipment sit Acii ities erected thereon or siesta 6rom thre0 to theme Martin; u) n1a ce mesas all duties, real properly taxes, charges, assemnants and payments, finis time to time levied, assessed or imposed upon the City Ma dot or any part thereof or upon the J.mtsar by reason of its ownership of the City Nuket, by any taxing milimity. Taxes shall also include any pan ddm Iate paymnut or fnknot charges imposed by any muuidpality or other taxing authority as it result of the I.assee's late payments of any MW or instaimants &veof For greater csrtai* non- abati a5clnde any penalties or interest incurred by the Lessor as a resthlt of ita MUM tr, pay Tsars is a timely nmimar, a wept Taxm shall include any hat rcat in wspect of a di ral of payment as accorduce with sound accounting pr ec>ioes if permitted by statute or pursuant to an agcoemaut with On taxins an6rh3r, and M hoonnk profit or a mcesa pipits taxes of the Leman; v) " I.essae" means the party naaaod as Lasses in this Leas; and w) "°bares" means the period tafmred to in Section 3.03. ARTICLE H GRANT, TEM AND INTENT 2Ai Leased Prendsea In o0widarafian of the reaft, covenants and mats huciniftr reserved ad Wined on the part of tin Lemtee to be paid, observed and perft mad, rite ImBor demises and laass to the Lmaaee and the L assay leases Am the Lessor, the Lensed Prmm'tsaa. The Leased Premises are appreximst* nine kindred ninety square feet ( 990 #im'j of leasemble area in the property ]mown as tine Soft John City Meftet, 47 Charlotte Street, Saint Jain, New Hamswitdc, and described as: Stall "Ir and Stall "I I"; approximately forW -dx square feet (46 f?) within nm*ww*n corner of Stan 12, the north and south sides of the bench in fiW of Stall "9", Stall "10" and Stall "1111, together with the east and west ad-ca ^- the south aide of bench in fi+ont of Stall 04 ", Stall "S" and Stall 1Y911, together with half of both the east and wet and-caps; approximately two hundred thirty -nine square £cat (239 fi of cooler space withm Stall "10' ; and appradmatoly three hundred fl ft4hrse square that (333 fV) of meat Ww spate; as per tha attached Schedule "A ", hereinafter r hnvd to as the "Leased Pramises". 2.02 Use of Common Areas The me and occupation by the Lessee of the I cased Premim shall eadde the Lessee to the use is common with all odmm anthled thereto of the Common Areas, subject however. to the terms and ins of this Lease and to reasonable rules and mplations, for the use thereat as prescribed from time to tame by the L=d W& 2.03 Term of Lease TO HAVE AND TO HOLD rhea Leased Prises for and during the term of hive (5) years to be computed fto October 11 2013 and fully to be completed and ended on Sept 30, 2019 am as hamins8er provided ft aatt w tom. PROVIDED THAT N01'V MINTANDING ANYT IE NG TO THE CONTRARY, if the Lacer is unable ro deliver vaces t possession of the Leased POW= to the tassee 11or any rauKmi including but not limited to the holdin over or reazdaa of poalt mion of any other Wm or oom4mg, or the lack of completion. of any repairs, iinFovemenb or alterations required to be completed be6asa Lisa Lessee's mmipancy of the Leased Premises, Own the tibia fw commrmcamest of the Term shall be extended to correspond with the period of daisy and the Lessee shall not be entitled fm any abatement or dimincti,on of 19 Lease for Stilt apRoa -- aey e 314807 K.B. Inc. Shcredcde"C" .Ftps- 4.K Taw lPayetble by Lamm a) The Lesaete shall during the Torn pay, without any deduction, abstemmt or set-off wbabnever, all Taxes levied, laid or assessed on or against the Leased Premises* b) In the case of assessments ibr local Wameatcub or betoermeala which are assessed or imposed ehubmg the am and which may by law be payable is inatalmet is, the lessee shall only be obligated to pay such instalmemis as same fall due dm gg the Term, together with interest an ddw-od payments; c) in any suit or ptr+ocxa ft of any lead or serape ariaitlg or growing out of the Whim of tho Lessee to kwp any covenant contained in this Article, dw certificate or reccipt of the department, officer or bum charged with collactien of the Tans, showing that the tear, assessment or other c hmW affecting the Leased Pry is due and payable or bias bean paid, sball be prima facia evidence that such pax, assena t or other charge was due and payable sa a lies or chop against the Leased Premises or that it has been paid as such by the Lessor; d) The Laasaoy if Wowed by the taxing authority, shall have the right to contest or review by legal pmccc raga or in such maortex as the %asses in its agi w shall deem advis" (which proccediaga or other slaps gram by the Lamm shall be ombx tad dr y at its own as xmo stud free of eegmm to tike Leaser) any and all Tastes levied, assessed or imposed upon. or saint the Leased Prenna or Taxes in lien tbetreof requimd to be }raid by the Lessee hereunder. No much contest atmll defer° or sespead the Lessee's obliptiesas to pay the Taxes as mere® provided pending the contest, but if by law it is necessary that such payment be suspetnded to preserve or perfetet the Lessee's oontas4 then the eonlest shall not be emdarmlom without there being first deposited vA& the Lessor it am of money espial to twice the amount of the Tstces that are rite subject otF tike ooatasI to be bold by the Lesser as an indemnity to pay such Talus upon conclusion of the contest and all coats thamaiitat may be imposed upon the Lessor air the Leased Premises. Any costs amocisicd with an appeal uniterWeen by the Lessor, the Lessee sball pay their proportionate sitars of such costs; e) The Lamm upon request of the Lessor will promptly w&N to U Lessor all paid brills for Tw= which bills after inspection by the Loeser shall be r,eWmed to the lessee. 4A3 HST Payable by Leap The Laseee shall pay to rho Lessor all FIST an Rent and any other HST imposed by the applicable legislation on the Lassos or Iowa with respect to this Lease, in the meaner and at ale times roquhv d by the applicable legislation. Such amounts sure not consideration for the Mnbl Of apace or the provnioa by the Lessor of any se:rvloe under rhea Lease, but shall be deemed to be Rent and tb o Le nor shall leave all of the same ramodies for and d&W of recovery of such amounts as it bas for recovery of Rent under this Leaser. N a deposit is fctzf ailed to the Lamr, at an amount becomes payable to the Lessor date to a defiadt or as octiWatation for a modification of this Leaser and the applicable kgi kdm daotas a part of the deposit or amount to moludo HST, the deposit or aina t will be incremad and the itacaeese paid by this Lessee so that the Lasaar will receive the W ox mt of the %rhited deposit or other amount payable without e namwbmemt by any deemed HST portion. 4.04 Business Tories amd (Other Tares of Lessee The Lessee shall pay to the lawful tatting audhmitles, when the earns becomes due and payable: a) all toes, rates, duuYce, aseca ents and other charges that am levied, rated, climsed or assessed against or in respect of aft kviuvaments, equipment and hailitie s of the Lamm on or in the Leased Premises; and b) eatery tax and liceeso for which is levied, rated, elwged or assessed apfM or in respect of any bnshtess carried ea in the Leased Premises or m respect of the use or occupeocy tltemof whether, is any arse any Much taxes, rates, duties, awassments or Hocuso fees are tamed, charged or assessed by any federal, provincial, r:neoidpal or other body. 20 tAluo Sor Sha som- t er Mulct 514807 N.B. tsa. Me" "C .PW6_ ARTICLE V i1TII.1l1TSf3 Lot Utmen The Lessee shall pay all utilities directly to the utility company, on a metered basis. In the event that a Lessee lasses ocoler space with the Leased Promwo% the L emoo shall pay to the Lessor the Lessee's proportiowt o share of any utility caasumed. ARTICLE VI MERCHANTS' ASSOCIATION 6A1 Merdtonts' Aasoefatlon If and when an association at corporation of wants or lessees (the "AwoohaSMO is formed comprising twarrts of the City Madder, the Lame shall farcthwi& bocome a member of such Assdawtion at if such an Association has already been fmied, the Lessee dball fx*with bow= it mendw &eteof and the Lessee shall ruin its membmft in such A,ssooid m doming the satire Term and shall abrade by all rules, regalatim s, by-lawm dedsiuna, daecdaix, dues and stets of the Anocation. Such Association shall in no way affect lba rights of the Lessor and any by -laws, roles and srglatirms of each Associsdon shall at all tires be subject to the prior appmvsl of the Lassos. dA2 Pramotlosi Fund The Lessee shall pay to dw Lessor an amount equal to 6% of annaal G=3 Rent to be paid m twelve (12) mooft instalwouts each instalment payable an the 1' day ofeach month dozing the Tam ARTICLE VII CONAUC: OF BUS11wM BY TENANT 7.01 Use of Leased Presnim B) The Loosed Pry shill be used con inoousty, actively and diligently for do solo purpose of a generd predv= mer+ chant, sdHag fresh traits and vegetables, Seuraaot food items, dried food suntltiea, ttah, dried berbe, frdt juiced, salad die djgp acrd adM nadatad predacb, "8 w books, fruit and 91st badoda and atccompa"Ing three of whir', ailtdse, $rests and dl ed Chddtmas vnna ft The Lessee will not use or ponnit or suffer do use of the Leased Pfcoo sea or any part Omreof for imy other business or pugm& The Lessee shall not httudaoo now product tm s, or CON new services to his custOMMINS wibout Silt obtai®g than wr cona nd of tine Lessor, vAim t cm, i !, shall not be uareaaoaably withbald. no Lessee eclmowladges that it would be roesoasble for the Lessor to withhold its consent if the introduction by die Lessee of aueh product line or servioe world o atpate. with the badness of odw tcoants in the City Market or infikge on aatclush"o covenatuia granted by the Lem. Unless o o wise spodfimlly set out m this Lease to the earttrarY, oath ll caatained in this Imae shell: (ii aaafar upon the Lessee the eavohnive tight to sell or provide In flue City Madeet my of the products or services permitted to be sold or P ooWded fiom the Lased Premises pursuant to this Sect 7.01; nor (i) prevent the Lessor fnam leasing IMY other preariscs in the City Mmlwt to any other twant(s) carrying an a hnsiaeas which is similar in wiaale or in part to Sue business permitted to be curled on f h m the Leased Premises pursuaat to d3jO Section 7.01. b) The Leageo aclonowledgm first its convinied agcy of the Leased Premises and the regular conduct of business dmdn arts of utmost importance io neigbbauring tenants and to the LMasoar in the ranting of space in the city MadW% the ren,dwal of otbes leases *mein, *6 efBcietrt end econ=w supply of aervieea and utrlides, and in to character and ganlitY of other teataats in Ow City Madaet. The Lessee fhateim eavenants and agrees that thmq ft ut dw Team it will occupy *a afire Legged Promises, oomirly strictly with rho providaas of Section 7.01 and not vacate or abandon the Legged Premises at any time during rho Tams. The Lessee aclmowledges that the LMW is 21 ruet$rst.1t ti"— CxtybIR* t 5148M N.H. ire. geWUk `C" -Pass 7 - a OMSM this Lease in ICHICee NCeapan and lust the same is A material elae209 mdwing the Lessor to emade this Lease. The Lessen fiuther agreas that if it vacates or abandooa the Leased Premises or tails eD so conduct its business &min. or uses or permits or suff= the use of the Leased. Premises for my purpose not apeeicdlly beeein sulfimized and &Unwed, the Lessee will be in breach of the Lessee's obligations under the Lease, and ftmn wMmA constituting a waives of the Lessee's obligations or limitbC the Lessor's remedies under Its Lease, all Rat resertred its $is Lease will immediawly become due and payable to the I.essar unless gumantoed to Me of flu Lessor. The Lamar will have &a night, without prejudice to any othw rights wbmh it may have under this Lease or at law, to obtain an idguac ian regmhft to Lessee to comply with tbn provisions. of this Sagan 7.01(b). 7.02 Cenndnet and Opmthm of litsminen The law= shall occapy flu Leased rr+eumm from and after the Can7hnencament Date and 1ldemW%r sball conduct continuously and actively the business set out is Seatian 7.01, in Sc whole of do Leased Promises. In to conduct of the Lessee's business pursuant to this Lease the Lessee alts]]: a) operate its business with due dnligeruee and efficiency and maintsin an adequate staff to psoperiy► serve all castomm% own, lastall and kccp in good order and won five Am Hens or rights of third patsies, fixtar+es and equipmcut of first class quality; and cony at all times such stack of goods and merchanidin of such size, c3raracter and quality as will pmdtm the maximum volume of sales from the Leased Premises causistant with good business practices; b) conduct its business in the Leased Premises during such bonus and on such days as trine Lesser fmm time to time requires or permits egad at no other time. Ebwaver On Lessee is not required or permitted to carry an ibt business during any pnwd pmt by my law regabding the: hones of business. if the Lessee furls to open an the CasnamoemcM hate or durum the days aod/ar haves n gdmd by sae Lessor, rhea in addition to all obese amounts of Rent payable under this Lases tbea lessee"pay as Additional Rent to this Censor %= demand as liquidated damages and not as a penalty, an amount equal 10 two bz dtv d fft dollars (5350.00) per day for cash and mcry day chat flee Lessee is in demuh. Whea not open for business tie security of the Leased Plmmisee is the sole respaaaaibilitIr of the Leona; a) keep, displays of merchsndise in the display, windows (if ant) of the Leaded Prue bah and ]veep floc display windows and signs (if any) in the Leased Premises well-}it riming do hairs the I designates freed time tD &2, eating reasonably; d) stock in the Leased Premises only merrhendise ulna Lessee intends to offer Sur retail We fine. the Leased Premises, and not use any pardon of fire Leased Promises for of lm elmical or other nonscligg purposes cawW mmoar parts reasonably required for the Lessee's business in the Leased Promises; e) abide by all rules and ngnlatiaas and general policies 5otmulated by the Lamar, acting reasonably, Cesar time to time relating to the delivary of goods to rho Leaaod Pmmiees; fl not allow or cause to be oammitted any waste upon or damage ID the Lewd Premises at my nuisance or odwr act or tbing which &dmbs the quiet enjoyment of any odw r lasses is tha City Medwt or which ummsotably disturbs or irnterferes with or annoys a y thin party, ar which may damage the City 1l wket; S) not allow or arose to be done any act in or about tine Common Areas or the City Manuel which in the Lessor's opinion, acting reasonably, hinders or interrupts On Chy buleriWs flow of traffic k any way, obstructs the free movement or parties doing business in the city rat; b) nut allow or cause business to be solicited is any past of the City Marled other tban the Lensed Premises, slur display any meacbmidiae aniside tdre Leased Pn mdm at MV time without Sir pdar written consent of the Lessor, use ft name dedgmded for the City IVIa Imt by the Low &one dw to time Arid all W k or other identifying names and meet designated by the Lamar in connection with to advamusing of the business conducted in the Lea" Presmses. Notoritbsasrediug the fr regomg the Lessee will not acquire any rigbts In sack comas, masks or indv& and upon the Lessor's request the JAmee will abandon or assign to the Lessor any such rights which the Lessee may aagcm by operation of law and will pmrVdy cuoute any dock required by the Lessor to give CMCt W ti.is subparagraph ¢); 22 L. far SUB Speoe -My Market 51087 N.B. bm SdkWe "C" _POOR. j) mot ir>s A or allow in the Leased Premises any ttanemi cter device nor area may aerial on tt goof of my butWing I S part of *a City Ma&d or on any exterior walls of the Leased Premises or in my of dye Commion Areas. Any sash installation shall be suNeot to removal by the Lessor without nodoe. at any time and such rem vd shall be dome and all damage as it result thoneof shall. be made good, in each case, at tic coat of the Lessee, payable as Additiond Rent on demand; k) sot use ashy travelling of flashing lights or signs or any loudspcaku% telavis a 4 phonograpb, radio or other andiovisaal or mechanieal devices in a mamGr so that they can be heard or sem outside of the Leased Premises without the prior 7rriltaa consent of the Lessor, which aonseat shall not be tamraasonably withheld. If the Lamm uses any soch equipment without mmvmg the prior written consent of the Lamar, the Lessor shall be enfided to remove a wh equipment without notice at any time and such removal shall be dace and all damage as a result tI mwf shall be made good, in each case, at the cost of rims Lessee, payable as Additional Rermt on demand; not install or allow in the Leased Premises any equipment which will revered or overload the capacity of ally► utility, eleoMoal or mechanical. facilities. in fire I assed Premises or of which tike Lessor bas mt approved, which approval shall not be wreammably withheld. If the Lessee requires additional tality, electrical or machanieal fxaikttes, the Lessor may in its sofa diaerctian if they we available elect to install theta at the L.essee's expense sad in accordance with plane and epees to be approved m advaaoe in writing by the Lansor; re,) net brigg upon the Leased Treatises arty machinery, equipment, article or Ihing flan by mares of its weight; size or use, might in the opialm of the Lessor, acting reasonably, damage the Leased Premises or overload time floors of the Leased Prembes. Any such machinery, cqa#ucnt article or thing shall be subject to rem wel by the Lessor without notice at any times and arch removal shall be done and all damages as a result tbaaaof shall be made goad, in each case, at the cost of the Lessee, payable as Addiinonai Rent on damamd; n) observe and comply with all federal, provincial or numicipal laws part hdq to or affw ins the Leased Premises, ties Lessee's we of the Leased Promises or the conduct of any business is the Leased Premises, or the making of arty repairs, replacemeaM alferatioars, additions, changes, errbstittttiotrs or Wpwvan=ts of or to the Leased Premises, and the regulations of my insurance underwriters m respect of the imaarance ummutainod by the Lessor in respect of the City Market, and may ad all modtfieatlame b the Leased Preamises and the Laos's cmdtiot of business or in use of the Leered Premises which may be required by any such authorities. a) Tie Lessee ackroarkx%M that it is only ono of many tenants in the City Market and that thmefate tine Lessee shall conduct its busmose in the Leased Premises in it marmaea consiate¢mt with the beat i nter®ls of do City bE&dwt as it whole; b) The Lanese shall have the right to omso tiro Imes in discontimme and the Lessee shall therenport fhrfthth discoWmie the sale of any item, mercbmdise, cornmtodity or the supply of any service or flan carrying on of any business, nay of which is either pmhg*cd by this Section 7.03 or which the Lasser, acting reasoaably, dareomfim is not deadly rdeted to the buai mm set out in Section 7.01. The Lessee will not allow or cause the use of any part of the Leased Premises fur say of the following businesses or activitaea: i. Ma We of secondhand goods or surplus articles, iWIFIMOa saivap $took, free sale stock or bankruptcy sb* ii. die sale of goose, except as may be apecifiaelly permitted by the Pavilions of Soctim 7.01; iii, an stuck% bulk We (otter than a bully sale made to an sadgmee as sublessee pmmatant to a permitted meigameat or mMcnfng homer). UgWdadan sale, "going out of business" or bwdmq tcy sale, or wamhom sale; iv, any advertising or selling procedure$ which woaild, or any sake or business conduuct or practice which would, beerier of the merdand=s mathade or guality of operation likely to be used, in shiver case in the Lessor's opinion, tend to lower the cbersaw of the City Market or harm or toed to berm the business or repuntiori of the Leaner or rcflout aniavomably em the City Maiket► the Lessor or other tow in the av market or tend to canfbse, deceive, mislead or be fraudWmt to the public; or 23 Lmefnr SranSprce— Cily1Vradocr 314807 N.S. loo. „pang. V. a rnAfl order business, cave and accept far dalm and maple produobs or a deparftnest store, junior department shore or variety atom 734 The Tenant covenaata and agrees w utilize the Lased Promises and aperac its busawss in a sooner so drat no part of the Leased Premises or sunoundiog lands are used to gannets, msrmllruM ref c. treat, taaneport, store, bundle, dispose a& tmmhr, produce or pr+ocass any Hazardous Substance, owept is strict compliance witb all applicable Weral, provincial and municipal statutes, by-laws and regulations, ftwbx =& without limitadoq emArmmental, land use and occupational and bealth and aaEety laws, r%pladoon, regoirmais, permits, sdutoa, by -laws and regulations. Further rho Lessee hereby oovenews and agrees to indewniiy and save barealeae ibe Lessor and those 1w whantn the moor is in law respa 116 fins say and all loses, coats, claims, damages, liabilities, agmmses or injuries caused or contrA used to by am iiaaardous Mstaac s which arc at any time located, stored or inompeuated in any part of the I cased Promises. The Lessee hereby agreca that the Lessor or its whoriaed represa Wadves shelf have the right at the Lessees wgmmse, payable as Addh and Rent within Mean (15) days of race* of an invoice dwdfor, to conduct such env=nmcrdd ■he reviews and juvestigatim as it may deem nwmary fbr the papaw of eumsuiog compliance with this Section. 7.04. The Lessee's obligabioms pursuant to this Spa 7.04 shall sunive the aorpirdm or eadier termination of the Tartu. ARTICLE VIII FIXTURES, ALTMATIONS AND REPALRS AND LESSOR'S CONTROL OF CITY MARKET 11.01 lnstallailum by the Lasses All egmpoment, Braes and m*mvements installed by the Lessee in the Lased Premises aball be tray or completely mcomddloned. The Lessee shall rat malts any alterations, additions or 1u p w manes or install or cause to be installed any trade tnchnes, eateries ftna, floor covwlnL interior or e:teaior Habdra Plumbing Sxtares, abodes or awl or males any changes to the store fiont wWwat first obWmng the Lessor's written apprrval and consank which consent and approval shall not be wmasamably wiHsbeld. The Loesce shall proses to the Desna plans and gmcif cadons is form, content and such da bdi a the Lessor may reasonably require for such work at tins time approval is sought. The Lessee ccveoamta tbat any wark that may be dames in rvagem off= Lased Premrises by or on behalf of the Lessee shall be dono in such a mamrer as not io con list or " ' ,6iere with my work being done or about to be done by the Lawson in or about &a City Madoat, whether such oors&d or mier%mnce shall arise in relation to loamm unions or odorwise and the Lessee shall obtain all requisite pe m[ita, hoenses and inspacdons in respect of any each work done by or on the Lessee's boball: The Deese& fu*ar cavanuits that any wo& done to the Leased Premises shall be donne is a good and wadmanhIm manses and sball comply with all applicable legWatim and regulations. Nalwitbstanding aaydit bwein cunb&m d, ire Lessee shall make no sltwWoua, additions cr improvements that am a ag a shactaual nabine or that would lessee the value or Heatable Arne of the Leased Praaisea or rte City b1adost, or would into f= with the usage of the Cot+maon Areas. All alterations, decarat m. additions and Wqxavemanis made by time Lessee or aade by tbo Less= on sire Lessee's behalf by agmemad under this Lame shall immediebely upon Installation or affbamon beooma the properW of &a Lessor without compensation thereft to the Lessee, but the I== shall be under no obligation to repair, maintain or insure the alterations, decaradonw, addhlans or impr+ovcmeuta. Such altesatiAms, decamdams, addidoma and improvements shall net be removed firm the Leased Premises widsdut prior curt in writing from &a Lasser, which cwt shall trot be utaaeombly wiMcld. Upon expiration of this Lease, the Lessee shall, at the option of the Lasers; remove all trade hectares and personal property and shall remove all stab ebmst ors. deoora*me, addidoms and improvements and resbame the Leased Premises a required by lire L essrs: S.OZ Msinte a and Repair by the Lessee The Lessee will at all times beep the Leased Premises (inehuft exterior eEtas M and all glass and show window) and all partitions, doors, fnctutes, equipment and woos dwreof arc udiag li8b1ing+ hen and phut$ fixturce . and the electrical and mechanical "slams) in Good cedar, candid on. and rqw& (kcbjftg lac or redaxaft and preventative radam moue as deommfned by sire Lessor and mclading such repairs our repisoemmenls as are required to keep tha Lewd Premises in good repair and condition). All afareadd m dubemnce, repaft% restorations and r+ep]aeemxnts eball be in quality and class equal to *0 original week or Motafladons. 8.03 Big s, AwabW Canopies The Lessee will sot place or suffer 1n be placed or maintained on guy exterior door, wall or wfadow of dbe Leased Prerom any sign, awning or canopy or advertising rustier or other thug of my 24 Loftfor Rd Specs— QinywWrk ! 514W7IN B, Tao. tieteedeta 'V' - P;at©- 1d4 and will not place or maintain any decoration, lettering or advertising matter on the glass of any window cc door of the Leased Promises wbhout fret obminigg the Lessons written approval and cauwflk which mew and approval. shad not be wremombly withb" The Lessee nirtber agrees to maintain each s4A awning, campy, decoration, latring, adverfi ft maatter or other thing as may be approved is good condition and repair at all times, and in addition to the foregoing, the Lamm shall mammain my sages or displays of its goods or wanes which may be aeon from the mot dm of the Lamed Premises is a mannc which is in heaping with tine character of the City Marinet of whirl the Leased Pramrises form a pert and which is desimaim to =be= business of the Lessee. L04 Surrender of lAssed Prembeea Subject to Article 10,01, the Lessee wM leave the Leased Premises in good repair, reasonable want and tear only excepted. Widmut limitiog the generality of tbo fmrpaing, at the mphatiao or earlier termination of the Term the Lessee shall saznudear the Leased Premises in rite woos condition as the La Lead Praises wore in upon delivery of possessim d wato under this Lease, reasonable weet aW tear only ewMted, and shall eurreader all kDys for the Leased Premises to to Landlord at the place dhea farad for the payment of Rem and shall infirm the Lesser of iii combination on lacks, eats and vaults, if any, in the Leased Pretrtbm Should the Leeeee W to nine; its firt n and persond propmty, such f durca and personal property shall be doomed to be abandoned by the Lessee and may be apgroprialed, sold or o&wvnw disposed of by the Lewin without notice or obligation to compensate the Lessee or to account thardr. . The Lessee's obligations to observe or perform this ceiveoant shall survive the expiration or earlier ton of the Team of this Lease. 805 Louses to Din hap all Lima The Lessee will ensure that no coostractwn or other Tian or dhatge, or notice *woof, is regi*aed or filed against: a) the City Made or any part of it; or b) the Lessee's interest in the Leased Premises or any of the leasehold hmprowenaft in tin Leased Pramisoa. by any parson claiming by, through, under air against the Lessee or its exnntaotors or If a mh a lieu or chap or notice dweef is registered or filed and the iAawee We to disrhaw it widhin fn-* (5) days afiw wrinen notice from the Lasser, the Wear may discharge it by paying the amount claimed to be dui into court or directly to the claimant and the Lesson will pay to the Lemor as Additional Rent on demand all costs Oncludbog Iced fees) incurred by the Lessor in connection thmovWh, tauothcr with an whisinistrative cve&md chore of sft m percent (151A) thereon. L06 Ruks and Re:gliladA= The Lessee will comply with the Rules and Rcgdations. The Lessor resarcaes the right fraea time to time to amend or eMpleameot the Rules and Ragnlatiom. Notice of each amendments and supplement % if any, shall be given to the Lessee, and the Lessee agrees thereupon to comply with and abservve all such amp aid suppla>aents, provided that no Rule or Regulation shall contudict any provision of dais Lease. The Lessor: shall not be responsible to the Lessee fir nonrabservence or violation of any of the provisions of such Rnka and Regulations by say odd tenant of the City Madwt or of the trams of say odwr lease of premises in the City Marital and the Lessor shall be under no abligation to eat Arca any ,rich provisions. All Rules and RgVAadow shall bo anAcced against the Leawe in a namrdisa dznkwbwy maaw. L07 Ma intessce mad Rgmk by the Leaser The Lasser malt, subject to the otba provisions of this Lewca maintain and repair or cam to be maintained and repaired, the shnehm of the City Marimt, including without limitation, the foueaiatlons, saetmor weadw vlla, suWloor, roc& berating wails and eaaotival columns and beams of the City Market. It howaw, the Lenssar is required to ataiota in or repair any structural partions or any odw pwdw of the Lamed Praximn or On City Madret by reason of the nagligart sets or omissions of the Lessee, its employees, agents, invitees, supplies, agents and servants of suppliers, licence®, concessionaires or stnhtenents, the Lam shall pay an demand as Additional Rent, the Lassoes costs, ftr making such maintenance or reapait's, together whh an adminiskadv a fee of ftteen percent 0 5%) of such costa, 5.48 Central of City Market by Lessor The City Modest and the Coeamoa Areas are at C times sobjeat to the emalusive cal sad management of the Lessor: withc at Limiting fire genenility of the foregoing, the Lear has tine right in its croft% management and operation of the City Modest and by the estsbliahmmnt of rules and regulations and tam policies wine mWac t to the; opeatiau of the City Meclnot or any pat thereof at all times throuebant dw Tam to canstrnc; nmialak and operate lighting fiai and heatinrg, ventilaft and air conftoning systems; provide sapavioilon and Policing services for do City Madwt; close all or any pardon of the City Ma ket to such extent as may in the opinion of the Lessor's eoemsel be legally aufficient 25 LMC for tieu spas -atr modal 514M N.s. ran. Sdmbk "C' -e.Vu- to provaat a dedication thereof or the aecrud of any rl" to any third putty or the public; grank modtey and terminate ensoments or other vseements pertaining to the no and mtdntanaace of an or rimy pert of the City Marleet; Obstruct or close off all or say part of the City Mad oat for the purpose of nuthdoaaaca, repair or ooash'notian, employ all persormaL mchift supervisory personnel and managers necessary for the operation, maintenance and control of the City Mariam use any pact of the Common ,Areas hoar time to time for marcbandisi as, display, deooraria U% aderbuinuumt. and structures damped for retail selling or special feattians or promotional activities; deaignate the areas and entrances and the tomes in, through and at which loading and unloading of goods shall be carried out; control, anpervise end gar emUy regulate the delivery or Whipping of maehandise, sapom and fixtures to and from *a Leased Premmm6 and other portions of the City Made* designate and specify 6o land of container to be need for garbage and refuse is the manner and the times and places at which same is to be placed for collection (if the Lower for &a mesa efficient and proper operation of the City Madwt provides or designates a comt mdel service for tiro piclonp and disposal of refries and garbage indeed of or in addition to tlra aervice provided by the mvaidpality, the i.assee shall use same at tha Lessee's cost); $nom time to time change the area, lavel, locadfon, acrnegemeat or use of the City I fizioet or any part dawn oo struct otbw bu&bm s or impr+ovemeate in the City Marmot and maim changes to any part then 4 construct other burgdings or WVMvements in the City Madwt and tunics changes to say part of the City Madwt; and do and perform sash other mft in and to the City Madwt ae in the use of good business judgment the Lessor datermines to be advisable for ripe more afCtciont and proper operationof the CityM fret. Notwifutanding anything to the contrary, if sa a result of &c; exorcfae by the Lessor of any of its rights as ad ont in this Section 8.08, the Common Auras ace diminished or ahwed in my manner whatsoever, the Lessor is not mMect to any liability nor is tine Lessee emtided to any compenandon or diminution or abatement of Rant nor is any alteration or diminution of the Common Areas deemed oarrstrnclive, or aaral eviction, or a branch of may covenant for quiet enjoyment aoutaimed in this Lase. 8.09 Laser's Right to Enter Leased Premise: a) It is not a vo-catry or a branch of quiet errjoynaarrt if the Lessor or its an& rized npresentefives enter the T mad Premises at reasonable limas tm i. co=rn them; ii. male permitted or required repairs, alterations, hopmvemeats or additions to the Leased Mm omses (including the pipes, cxndnils, wiring, ducts, oopamns and other inistaRatians is the Lased Proniaw) or the City Madot. or adjacent property; or iii. eacavase Lod adjaoeot or stbjecout to tiro Leased Promises; in each case (to the eer6ent reasonably possible ia, the circumstances) without unrauonably it>6 I 1ftft9 with the Lessee's business %xratiom: in the Leased Premises, and the L,ossm may talon material into and our the Leased Promises for those purposes. Rent will not abate or be reduced while the napalms, allood iorka, nrnprovemuents. or oddium arm being made. The Lewor will ado reasonable seeps to mirdmiae any irdwmpboa of business resulting from any entry . b) At any blocs during the Term, the Laser may etchibit the Lensed Prambas 6o pmgxxdn purchasers and during the six (6) mroaths prier to the expiration of the tarn of this L .ease, the Lessor may exhibit the Leased Prnaamfses to psoapectsve tenants and place upon the Leased Premises the mod uotwA To Let*' which notice die L,assee shall permit to remain wires planed v�itbout molestation; c) if the Lessee elan not be parsonally present to open and permit on entry lido the Issued Promises, at my time, what for any reason an entry d 1 shell be necessary or permiwible, the Lessor or the Lessor's agents may neter the am by a master key, or may foccebly enter the same, without rendering the Lessor or such amts liable tiro des, and without m any manner of k ft the obligations and covenants of this Lease; d) Notb nog in this Section eonhd=4 however, shall be deemed or construed to impose upon the Lessor any obligation, responsibility or liability whatsoever for the care, maintenance or repair of the City Marlaet or any part 9m rc4 except as otherwise in this Leese specifically provided. ARTICLE LX MURANC>t AND I MENU rrY 9.01 Lessee's Lsurance a) The Lessee shell throughout the Term, at its own coat and organ, tWw out and beep in fuA fi= and effect the following ina nnom. 26 LMO fur SuB Space -- OW hind* 314e07N.8, Bee. - Pugs 12 Aff -dale inaataace upon proposty owned by the Laaeee or for which the Messes is kWUy liable (mcludm& sign& and plate gam) and winch is located within, the City Marled in an amaant of not leas than the fig replacement cost dmrwf, ii. Coo due Gonad Lability with minimum limits of at least Tipp IVIr'0ion Dollars ($2,000,000.00) or such %ghw limits as the Lessor may seasonably requ>xe km time to tame. This policy shat! include: a) The City added as an Additional Insured; b) bdusm limits for bodily injury and PrMy dmam c) Personal in*y liability; d) Tenant's Ill Liability; C) Camtractaral I,i&Hty with aspect to this taws; 0 Prelliaeal Propaeyand Vim; S) Completed Opa<s0ams; h) A Cross Liability Clause; 0 A Thirty (30) days wdu m notice of Ca mmilation shall be given to the My of Saint Term. iii. The Dmee shall dlsa pmvide any other form of mou=e as the Lessee ar the Lcaeoz may reasonably iegaiie from time to time in fbM in amounts and for it mmmce Mrs again which aprudeat teasttt would testae. b) All policies sbali be tfim out with ramble and moo=d imaurare acceptable to the Immor and "R be in a farm sstiliketory S+emn time to time to the Lessgtr acting ressomtably. Thee Lessee agrees that cef[xatm of iasoramoe of each such insurance policy will be delivered to the Imsar as soon as practicable afar the placing of the required inns e. All policies shall contain an undertaking by the insorars to notify the Lama- in writing not leas than thirty (30) days prior to any moorisl cbengse, cancellatiem or tmmgnmdon dm te4 e) The Lassos agrees that if the Lessee Osih to take out or creep in force any such insurance rafmred to in dos Secti m 9.01, or should any such imotumm not be app mad by the Lessor and should rho Leasee not notify floe situation mmediately of w written notice by the I.eseor to the Leases, the Lessor has the right without aasamaing any obligation in connection, therewith to effect such insurance at the sale cost of tin Lessee and all outlays bythe Lessor shell be immediately paid by the Lessee to the Leman as Additional Rent whhout pMjttdim to any other rights and remedies of the Lessor under this Lease. 9.02 Increase is Insurance Premium The Lessee will not allow or cause anything to ocean in the Leased Promises which shall cause any increase of premium for a tyy is manoe on the Lcasod Premisea or the City Madmet or any part thereof above the rate for the lam hazardous type of occupancy legally permitted in dic Leased Premises. If the Lessee is a► del uk under this Section, 9.02 tloe Leases shall pay any resulting additional pmeaamhm on any insurance policies taken snit or maintained by ribs Leases', or if any mamma e, policy upon the Leased Pmeemiees or the City Mad hit or any part #wed shall be cancelled or refused to be re rowed by an insurer by ream of the use or occupation of'the Im mad Pnmd= or any part t immof or die sots of omissions of to Lessee, the Lessee shell fo *nth reciody or roc* such use or occupatiomt upon request to do so m writing by the Leaser, and if the Lames shall feel to do so within. twenty -Em (24) home of such wdnm request, die Lessor elasrll have the right to mkr the Dossed Pr mhw and rectify floe situation, without liability to the Lessee for any lass or dame occasioned by such entry and rectficaSkm, or shall be entitled to hold Poe Leases liable for any damage or loco resulting fiaam such cancellation or nAmLl, or the Lessm ntay at its option deammine this Leese forthwith by leaving upon the Leased Pnm ms mtiae in wddng of its intention to do S% and tl>dereaopm Rant sad any other payments for w1&k the Lmsee is liable under this L..oesc shall be apportioned and paid is fun to the date of sash desemninatioa of the Lease, mail together with an amowit equal to the times Rent payable for a period of one (l) year as liquidated damages, and due Lessee shall immediately deRvetr up pom mama of fim Leased Premises, a eolredale issued by do organization niakimg the insurance rate on the Leased Prenti es, show tg the various components of such rata, shalt be conohusive a dance of dw amoral items and charges which mains the fie immanoe rate of the Imead Premises. Bills for such additional premims eloaa be randmod by the Lessor to tied Leases at such tiros. as the Treason may elect and eball be tine from and payable by the Lessee when reademed, sad the am ust thcroof shall be deemed to be andbe paid as Additional Rent. 27 Leese for Shd Spare- Gary Madoet 314WMA Im. sea od& "C" -PW 13 9.03 Loa or Damage The Lamm shall pat be liable for any death or *ury arising from or out of any ocmrzanw in, upon, at or relating to the City Macke , or damage to property of the Lessor or of otua located on tore Leased Premises, nor shall it be =gmnible for any lass of or damage to any property of the Lasses or o&= flora any cause whatsoeva, accept a" much death, mjurA loss or dame zesults Jim the megligeoce of the Lasser, its agwas, servants or =4&gees or other persons for vbm the Lmsor is is law responsible. Without limiting at genczelity of the fioregoing, *A team shall at be liable for any injury or damage to persons or prapetty rm*mg ftin fim. apbdon, Wing plastat, smeam, &a4 may, water, rain, flood, snow or hales f am W part of file Leased Premises or 8^om the pipes, applisaw% pfmabkg worlm, roof or aub mfim of say $nor or ceiling or front the street or any other plaza or other teaaata or persons in the dry Marbst or by ozagmb of adjacent property thereto, or the public, or ceased by construction or by any private, public or quastiablic plonk. All property of the Lessee lmpt or stored an the Leased Premises shell be so inept or atatrc I at ulna risk of the Lessee only and the Lessee shall indemnify the Caesar and save it harmless flnm my claims arising out of say dam Wes to the same, including, without limitMkm, any subrogation claims by the Lessor'a irmtras. in no event shall the Leman be liable far stay Wu y to the Lessee, its aarvaots, agents, employees, cnstnmaa and invitees or for any injury ar damage to time I assed Premises or to any pmpedy of the Lessee, or to any property of UW other ponM firm or corporation on or about lime Leased Premises tensed by an inonvpdon, suspension or fmflrne in foe supply of any utiiities to the Lensed Premises, accept in the evand of flu negligenoc of the Lessor or the Lessor's empk*mm, officers, directors or agents. 9.04 IndemnlileMM of the Laser The Lam will hWentnify the Lessor, and save barmless from and against my and all dkims, s d=6 damages, liability and opease is eonnecon with loss of Ilk personal injury sailor damage to property arising form ar out of any occurrettec in, upon or at the Leased premises, the ooc 4aincy or use by the Lessee of tore Land prmmisea or any Pert thereof or occaaiowd wholly er in part by aul' act or omission of the Lensce, its -sun, contma ke% mvb7yae% servants, ho mores, or concessionmw or invitees. In case do Lessor shall, without gull on its part, be made a party to any litigation commenced by or against the Lame, they the Lessee shall protect and bd d it harmless and shall gay all costa, mh =ms and solicitors' ad commal trees on a solkiter and client basis bctmad or paid by them in aoamection with aaeh litigation. i:)E:h'1`CIA X DAMAGK DEMUL"I MN AND ZXMPRUnON 14,01 Total or Pardo' Desbructin of Leased Preaska 14 during the Trim, the Leased Premises are eWop fisted or totally or partially deaboyad or damaged by any cause in respect of which the Lessor is insured, the Mowing provisions shall have eRect: a) If the Leased Premises are raadered pardaliyua& for oasrparmcy by the Lessee, Gross Rent ohmltiy shall abate in part only, in the proportion that the part of the Leased Premises randesed unfit for ocoupancy by the Lessee basso to tier whok of tiro Leased Premises or if tiro Leased Promises are rendered wholly unrrt far oecapsecy by the Lessee the Rea haeby reserved shall be suspended in ar&w event until the day following a reasonable period (taking into account the mrtertt of the Lessee's reanm'adtiom) following completion of dw Lessor's reslaion; b) Notwitmtmmding too provisim of subparagraph (a), if the Leased Premises in the Opinion of the Awhitect shall be waspabie of being rebuilt and/or repaired or restored we rmK m Ne drh*esae within 18o days of the bappaning of srtch destraetion or damageM then time Lessor may st its option taminata this Lease by notice in wdit to to Insane given wit%t thirty (30) days of the date of mob destruction or damage sand in On event of such umotiee being so given this Lame shall cease and become mill and void flom the date of zwk destruction or damp and We Lessee sball 9mmadiately sm:ramda the Leased Premi and all im ost tharain to dw Lessor and the Rent shell be apportioned and shall be payable by the Lessee only to the date of such won or damage and time Lessor my ra- enter and repossem the Lamd Ptend s dischmged of this Lam; If duo Leased Premisea are capable of bdn rebWh aadlor r+epsited or restarad within 180 days of rise happening of such damage or dedmc*m or if within the period of Witty (30) days refarzed to in UWW 10.01(6) tiro Lessor shall not Ske antler termkafg this Lease, the Lasser ahall with raw mable pr o mpft a proceed to rebuild and/or repsk or rew time Leased Prahtiaea to the eft of the Laser's repair obbastioas wader the Lease sad the Lessee oball immediately upon substantial camapletimt of lira Leaszr'a work and, within a reescoable period dclumined by the Lesser (given lire ca tort of rim Lessee's r+m mation) con4dato too rnataation of tine Lamed Pre rmace. The certificate of the Archhect shall bind the pardes as to So Q) event to which tie Leased Promises are unfit for occupancy; (n) time regmn d to nbuitd. =&or repair or restore the Leased Pz m fu% mad (iii) doe completion of repairs. Levee Bur 9Mff Spsx— CkYMffkd 514$07 N.B. too. -Pap t4- 10.02 Total or Partial Dostradion of City Market In the event that a subsowdial portion of the City Mniwt :ball be expropthdad or damaged or doMmyed by iva or odw amuse, or in the event the costs as estimmod by the Lessor of repairing, zestming or rebuilding will cooed by '5250,000 or moon the proceeds of insuranov available to the Lamm, notveidisto ding dhat the Leased Prociises may be umffected, or in the cvflnt the Lessor shall have the eighty to be exmised by no we is writing dr hwed to the Lamed within sixty (60) days fiend and after said oocnmhoe, to elect to cancel and termivate this Lease. Upott the givipg of sneh ice to the L=Mr, the Team of dds Lmso shall expire upon the turd (3i) day slier such notice is given, and the Lessee shall vaoso tae Leased Promisee and wa=der tihe same to the Lemor. 10.03 AbaYbaQaeat of Rest Notwithstanding mytdmg heroin betme coatalned, A abatements of Rent art out in this Artiiale X shall be limited to an emount Mod to the amottot which tha LAeeer collects under any hental income innunce. 10.04 Exprapdaden Awards The Imeor and the Crease will oo- openers with eaok other if ffim is as axpiepriaticn of all or part of the L.coaed Premises or the City h6droy so that each may receive the mL%izm n award that it is Titled to at law. To the extant, howem, that a part of the City Market, other than the Leased Premises, is euptvpriai:4 the fun proceeds that are paid ar awarded as a xo n% will belong solely to the La eor, and the Lesvos will assign to the Lessor any 000 that it may have or acquire in respect of elm pvmdiings or award$ and will mrecute the docmrrents that the L4 mar reasonably requires in order to give effect to this intention. STATUS STATVWM4T, SMIORDINATION AND ATTORMWZMT 11.01 States Statement Within fifteen (15) days afiar nqua t, to Lessee wtu Mp and deliver 4o the Lessor a status stat+anuejt or certificate, otatirhg that this Lease is in fall force sod effect, any modiflcatioae to dds LASSO, the and expiry dates of due [,cane, the data to which Root has been paid, the amount of my prood Rent or deposits held by file Lesser, whodw th= is any existing dc&dt and the puda ar% and nay other kfwmatk arequired by tha party requesting iL ARTICLE M TRANSYM BY TZSSEEE 12.01 Traaefer Deaaed " jWw e , means, (i) an amlgnumd air, conveyance, sublease, or other diapoaition of this Lem or the Leased Premises, or any► part of boom or any inter ft in this %ease (whether by operatiaa of law or ot#herwiw), or in a p n"mhip that is a Lessee under this Lem, (li) a smrtgage, charge or datxMm (floating or otharwiw) or other enommhmm of this Lease or to Leased Premises or eery tart of them, or of say intaroat in this Lease or of a partnenhiA orperwaft interest, where die partnership is a Lessee trader this Leese, (iii) a parting with or sharing of *session of all or put of the Leased Premises, and (M a traoefer or none by ealo, aaeigamrut, bequest, inheritance, operadw of law or other diepoaidon, or by subscription of all or part of the corpmu a :hero: of the Lessee or an "affliate" (as that term is defined an the daw of this Lease under the Canaria Business CaponWons At) of the IASeee which results in a d mgr in go effective voting control of the Lessee, '" hwfrx+ni" and "Tranati red' have meanings core ding to the definition of - -rash a set out above, (it being hmdmm)od that far a Transfrr described clause (),v) the Transferor is ttha peraen that has a b*m vomw control befin rho Tea dw and the Tn nsferce is the pettier that ems effective voting control actor the Tiandw). 12.02 Consent Required The Lenses will not allow or cease n Trmft without the prior wrirLalh OWseat of the Lessor in each instance which consent may not be umsasomably withheld. Notwithaumftg ®y awry to tale contrary, i e&Ws consent WWI not be deemed to have been umrAaonably withheld whets LAMM r+efim consent to a Taensfe< within aent},feur (24) mortis of either the Commanoement Date ur a previous Transfix Wiffim lirmitusg the generality of rho foregainp, no Transfer shall be effiw tva and no coitewt than be given unless the following provisions h nv boon complied w9k, L There is no defimlt of the obligstiaais of the Lessee under this Lease; 29 sere far SWl specs —city Mukat 514807 N.B. W. Moduk V" .rap l5- ii. The Lessee shall have given at bast thirty (30) days' prior written notice of *a proposed Try and the aftcdve data thereof to the Imeon, iui. A duplicate oaWmd of the documents affecting the Transfer stall be gives. to the Dear within thirty (30) days after the a tecation and delivery 6=4 iv. The Trandaree, except in Ow ease of a Transfer descrilmd in Section 12.0l(iv), shall have assumed in writing with the Lever the due and pundrtd perfasmance and observance of all the agreements, provisions, covenants and conditions hereof an the Lessee's part to be pmfmvwd or observed ftnt and after the efr'ective date of the Transfer The Lesaae admowledges that the factors governing the granting of the Lssor's consent to any Tzaasfar may inchide, without ]imdzbttn, the reatrictme clauses entorod into w0h other tenants by the Lessor, the fanascfal badWound, Waincss history and the capab ft of the pep wW Transferee In the LeasWs lime of business, and the nature of tl.e busines practices of the proposed Trnsfft The consent by the Lessor to any Tramfer shall not eonotltmto a waiver of titre necessity for each consent to any subsequent Trans5m. If a Transfer tales glace, &c Lasser may collect rent ftm slue Transfi =. and apply the sat amount collected to the Rent herd reonved, but no such adios shall be doomed a waiver of the regaiixmaat to obtain consent or dm acceptance of the Ttansferee as lessee, or a release of the Lasses or any Indamnifler fi+om the father pe kemesoe by the Lessee of covenants on the part of the Lessee herein mod. Natw111 tanditrg any Transfer, the Lam shall remain fully liable under Hiss Lease and shall not be released from parfcaming any of the obHgations of the L.cssee under this Lease. Any Tramsfea•, if consaited to by the Lesson, may at the Lessor's option be doct umled by the Lessor or its solicitors, and any and all kVd cysts and the Lessor's then-standard fee with respect Hereto or to any dommts reflecting the Lessor's consent to the Transfer shah be payable by rho Lessee an demand as Additional Rent, 12M No Advartishrg of Leased Premises The Lesea @ball not p ft publish, post, display or er+aaacast any notice or advalimmad to the effect $rat the Leaaad Preraiaea are for lease or for sale or otmewiae advertise the proposed sake or lease of die whole or any part of the Leased Promisee and shall not permit any brokw or other party to do any of the fougoing, ualee4 the complete text and format of any much notice, advertisement or offir is fast approved in writing by the Lessor. Without to nay way restricting or limiting the Lessor's right to rye any text or format on other grounds. any teat or format: proposed by the Lessee shall not contain any refuctm to the Mental rate of dw Leased Prembee. ARTICLE XIM DEFAULT OF LFMZE 13.01 Right to Re-Encr Whoa a) the Lessee shell be in dc&dt in the payment of any Resit whetw lawfully demanded or not and such dearth shall continue for aperfod of five (5) oonsocutfve days; or b) the Lessee shall be in default of any of its covenants, obligations or agreement under We Lapse or of any ts'ant or eoiudition of this Lease (other titan its covenant to pay Reef) and aueh default shall aontfine for a period of fifteen (15) consecutive days or such longer or ehorter period as the Lessor, acting reasonably, detentes after five (5) days written notice by to Lamm to the Lessee WiecibAng with reasonable p uticularity the nature of owl default and requiring the asme to be remedied; theft and in any of inch cssca the then current month's Isom, togedw with the Rent fiw the three (3) menthe next tmsubW shall immediately► become duo and payable, and at this option of the Lessor, the Terms nhall become forfeited and void, and the Lesser may without notice or arty► fava of legal peocesa whatsoever forthwith re -enter upon the Leased Prmnizes or any put tb =d in the name of'the whale and repoeseas and enjoy the same as of its forma estata, mythfng contained in auk► statute or law to the oonftw7 notwithstanding, provided however, thee such forffbltme ,ball be wholly wifut prejudice to the right of the Lessor to nwow mmeaia of rent or damages for =7 anumWent deftilt by the Treece of 1ts eaves so A obligstio®s or %mmmmis ender thin 1 nose or any term or condition of this I.ease and provided fintber drat aoiwitbitan ding @try such forfoi me the T,eaeor any subsequently reaaver from the Lessee damages for lees of Rent mdbvd by reason cf this Lease ]raving been prematurdy determined. In addidw the LesOar 011411 have the d& to remove and sell the Lessee's goods end chattels and trade fodum and apply the prooeods &creof to Rant due under the Lease. 30 Lam re stall Specs—citay14ta * 51407 NA Imo. Sdkedde "C' -Peke m- 13.02 Right to Re-Let Should the Lessor elect to nKnter, as herein provided, or shoum it take possession pursuant to legal proceedings or pursuant to say notice provided iior by law, it =y either ftninate this Leese or it may from time to time without tamita ft On Lease, matte much alerations and rqW= as may be necessary, in order to mid the Leased Pretmisas, and re-let the Leased Premises or any part dtaueof as agent for the Lessee for such term or t (vabiah may be for a term amending beyond this Term of this Lease) and at such neural or rcotals and upon such other rayons and oandltiens &a the Lessor in its sole discretion may deem advisable; upon each ro-letting all rentals received by the Lessor frrom such re- letting shall be applied; $rat, to the payment of any Indebtedness other than recant due hereunder fiom the Lessee to the Lessor, second, to the repayment of any reasonable costs and etpensps of such ra-letting, including brol amp fan and solicitors' fives and of costs of such akeretions and repairs; third, to the payment of Rent doe as the same may become due and payable hereunder. If such Rent reo vod frvsa such slatting during any month be leas than that to be paid daring that month by the Lessee hereunder, the Lasses shall pay ate► much deficiency to the Leeaor. Such defick wy shalt be calculated and paid monthly. No much re -entry, or taking possession of the Leased Premises by the Lessor shall be constmed as an election on its part to T. to ibis Leese unless a waiter notice of arch intention be givers to to lessee or unless the trr ai atian. thereof be dammed by a court of competent jurisdiction. Notwithstanding any such re- lettutg without tarmioatian, the Lamm may at any time dwemftw sleet to I - I this La+ase for mach previous breach. Should the Lessor at any rinse terminate this Lease for any breacb, in addition to any athh r xemedies it may have, it may recover from the lessee all damages it may amour by Beason of such breach, including rite cost of secovming the Leased Prises, and hnehrding duo worth at the time of mach tmmination of the exocss. if any, of the amount of Rent and cbaegas egruvaleot to Ran reserved in this Lease for the remainder of the Team hereof over the than reasonable rental vahm of the Lased Premises for the ranwrider of the Tam haraK all of which amouixts shell be immediately doe and payable floor tine L make to the Lesear. In detmmimag die Rant which would be payable by rise F comes hereunder, subsequent to debrilt, the amoral Rent for each year of the unerpirad Team shall be equal to the greater otr (a) die avemp umlW Crreem Resit end Percentage Rent payable by the Lamm hom the Coam maement Date to doe tiara of defartlt ar during the preceding three (3) full ender years, whichever peariod is shorter; and (b) ['gross Rant payable baaauder, together with all Additional Rent which would have been payable dining the calendar year in which this Lease was teroaim led, prorated over a full cwlanider year, if required. 13M Legal tetpeses In case auk shall be brought for recovery ofpowenm of the Leased Premises, for the recovery of Rent or ay odw amnmit due under duo provisions of this Lie, or because of tha tuesch of any odxw covenant herein contained on the port of the Lemaee to be Incept or pwfmmed and a breach shall be established, the Laama, shall pay to the Lam= all expenses incurred 9m or, imd u&g seasonable solicitors' acid counsel tbes an a solicitor and his client basin. 13A4 The Lessee covenants ar d agrees that if the Term of any of the goods and chattels of the Leameo an the Leased Plea uses shall be at any time darlag the Term ad=d or t Azn in axecartion or nttachment by any creditor of the Lamm or if a receiver, interim receiver or receiver and manger is appointed for tba assets or buh= of the Lessee or if the Lessee shall maim may essigataent for the benefit of s or any bulk sale or, becoming bankrupt or insohvat:, shall tmlae the bamef[t of any Act ww or bereaft in farce far banlaupt at insolvent debtors or if limy order shall be made for the wi aft up of the Lessee, or if tine Leased Promises shall without the written eonrseet of the Lessor become and senoeb vacant for a period of fifteen (15) days, or be used by mW other persona than sneh as are an tied oo use tlaei under the ttarmm of dtis Lease, or if the Lessee shall without this wrlttas consent of rho Lessor abandon or Warrspt to abandon due Leased Premises or to sell or dispose of goods or chattels of the Lessee or to remove them or am of then; $+oar the Leased Ptenxises so That tune would mot in the event of such abandonment, sale or dupoeal be sufficient goods on the Leased Premises subject to dimtrass to satisfy, the Rat above dare or accruing due, than and in every such case The then current month's Rater and the next ensuring ftm (3) months' Rent abaft immediately become due and be paid and tba Lessor may re -enter and Was possession of the Lsssed premises am through the Lome or the savants of the Lance or any other oeaupant of than Leased Pn anises were baby$ over after the expiration of the Tenn and the Term shall, at thee, option of the Lassor, immediately without and► notice or opportunity for me provided to the Lessee, become forfeited and determined, and in every one of rte cases above such accelerated Rat stall be rcommemble by rte Lamm in tine samme matmRx as do Rent hmoby reserved and if Rent were in wears and the maid option shall be deemed to ]mmve been exercised if the Lessor or its MmIs givexi notice to The Lessee as provided for hte¢eia. 13.05 Lessor May Performs LaenWs Covenants if the Lessee shall mil to perform any of its eoveaamts or d ftB&m under or in wed of this Lease, the Lessor may front Toms to +rime at its dboration, perform or cause to be putbra ad any such eoverionts or objigatiom or my part thereof, and for much purpose may do mach Rungs upon or in respect of The Leased Premises or any part thereof as the Lessor spay consider requisite or necessary. 31 L. fff Sidi Spsoa— C'nyMad= 514907 NA ft. SdMdal,"C' Pap t7 - All expenses inmmd and erpe nditnres made by or an behalf of the Lmsor under Sm Section, together with an admimsaative fen equal to Mean (15°x) pew+cent Swan, shall be f r6with paid by the Lessee to the I== an demand as Adds kmW Rent 13.06 Waiver of Ex emptlou &M Diatrew Despite any applicable Aat, legislation or any legpl or equitable rule of law: (a) none of the inventory, fwmtum, equipment or other property at any time owned by the License is eracmpt from distress; and (b) no lack of compliance with any rognirement concerning the day of the week, time of day or night, mctbod of entry. giving of nolim appraising of goods, or anything else, will reader any distress unlawful where the Lessee owes arrears of Rent at the time, of the distress. 13.07 Remedies Cumulative No r krame to nor eeremise of any speMe r1gbt or remedy by the Caesar will prejudice at preclude the Leaser 8+mn ammising or invoking say odw rcmedy it respect dweof, whether allowed at law ar expressly provided for in this Lessee No such remedy will be exehnive ar dependent upon sat► other rich remedy, but the Leamor may Sawa time to time exercise any am or more of such remedies independady or in combination. ARTICLE XIV US 14.01 Overholdimg N Ow Lessee reins in pomemion of the Leased Yrem mes sm or the end of &a Tama and without tine execution and delivery of it new lease, ihsere shall be no took renewal of this Lease and die Tam hcmby Smut d, and ilia Lessee shall be deemed to be ooenpyiog the Leased Promisee as a Lames from maotb to month at monthly rent payablo in advance on &a firm day of tab month equal to the ram of i. one and one half (1'A) times tics dross Rent payable during the last month of the Terra; and ii. one-twelfth of the Ad&dorai Rcat payable by the Lasaee fDr the Lea 0 Year immediately preceding fire last Lowe Year oftbe Team; and othwwiw upon the same terms and motions as are at %nth In this Lease, except as fn duration of Texmr, and say right of iccreewd mutudis mautandis. 14.02 gnceessors This Lease applies to tits seroeessors and assigns of the Lessor and, if Article XII is complied with, the permitted auccessom and parma teed assigns of tie L== D rhea iB mwe than one party named w they an jointly and wverally liable under fbis Leese. 14.03 Waiver Fathue, by the Lemw to rogaim pmfoamwoo of any term, covenant or condrtwn herein contaimil Wall not be deemed to be a waiver of seek term, covenant or candidoa or of any subsequent bocwh of the same or of any other germ, c omant or condition herein contained. The subsequent acceptance of Rat hear under by then Lessor shall not be deemed to be a waiver of any preceding breach of the Lamm of any term, covenant or condition of this Leese, other than the tbilune of tine Lem= to peer the pardmilw rent so accepted, regendleas of the Lessor's knowledge of each preceding breach at dw time of acceptance of such Bent. No oovemsmd, team or condition of finis Leas shall be deemed to have been waived by the Lesser, unless such waiver be in wrhdag by the Lessor. 14A4 Accord and Sadsfacdon No payment by die Lessee or receipt by fine Inwor of a lesser amanmr than the montffiy let herein shod aball be deemed to be other titan an account of the eaarliest stipulated Ren% ear shall any andoreemat or statement or any cheque or my latter accompanying my cheq= or payment as Rom be deesaed an scoord and Seas, and the Lasser may aocept such dmq w or payment widwat prejudice to the Lesson's right to recover the balance of such Rear or pmmm any other remedy in this Lease provided. 14.05 Retire Agreement This Iaxs® sets dirfh all the covenants, p mmiscs, agreements, con== and understandings between the Lessor and the Leases conown* the Leased Premiseu and there are no ocva W9% ptomims, agreeme afa, conditions or repremnadom either oral or vritWt4 'between them other the are herein and in the said schedules and richer, if any, sat faortb. Except as heroin otherwise provided, so subsequent 32 Larne for StaII Space —tom uniot 514807 N.B. hm. Sebo" OC' -NOis- alteration, amendmant, Change or addition to this %ease Shall be binding upon flee Lessor or the Leases unless reduced to writing and O p0ed by them. 1406 No Partem" no Lessor dots not, in any grey or for any purpose, become a puller of tin Lessee is the canduot of Its bushum, or othavYise, orjoid venbuw or a member of a jotat entapr7se With the Lessee. 14.07 Force MAjowe In the event brat either party hmoto shall be delayed or hindwed in at preventad firm the puftmance of any act required hereaader by reason of shim, lock- oats, Wmw troubles, mability to pmcane materials, fa*w of power, restrictive gommnental laws or regulations, rip, inseurwdor 6 war or odw reason of a lilac nature not the firalt of the party delayed in pacfnrming work or doing acts required under the terms of this Lease, fun pafarmaace of such act shall be excused for the period of the delay and the period far the parformenoe of air such act shall be extended for a period equivalent to to period of such delay. Notwithstanding aaydit$ harem mod, the provisions of this Section, 14.07 shall not operate to excuse the Lemwe f mm the prompt payment of Croon )lent, Additional Rot or any odw payments ze1uired by the trmas of this Lease, nor entitle the Lessee to compensation for any inconvenience, nuisance ordiwcn* t therftoocasioned. 14.05 Notices Any notice herein provided or permitted to be given by the Lessee to the Lessor shall be m,fficiently given if delivered pmwmally to the Common desk, or if trsmsmitted by takoopder or if mailed in Canada, registered and postage Prepaid, addressed to flea Lessor at CIO The Common Cleric, The City of Saint John, P. O. Bear 1971,15 Madot Square, Saint John, Now Brunswiofc, EX 4L1, wifis a copy to Real BOO Services, The City of Said John, P. O. Bea 1971, 15 Marlaet Square, Saint John, New Smaswick, EM 4L1, and any notice hear I prvvidod cc peculated to be given by the Lessor to the Loam edeall be uffWently given if delivered personally to the party being given such notice or to a regmnsi6b ernployce of the party being given such notloe, or if tranemitbed by b dwmpkr or if mailed in Canada, registered and postage prepaid, addressed to the Lessee at ths Leased Premises at 29 Cortdea Cow% Saint John, New Bmmwkk Z2M SM. Any such notice given as ainwessid shall be eancluaively doomed to have been given on the day an which such notice is delivered or lumramitted or on *a third day that thole Is postal delivery following the day an which such nodc a is mailed, u the am may be. Either parly may at any time give notice in writing to the other of any charge of address of the party given such notice and fmm and afkt fin giving of such notice the addrew theneie apecified shall be &mwd to heelude any request, statom ent or other wrkn in tbis Lease pmided or pe:mitecd to be given by thus Lessor to the Lassos or by the Lessee tD the Lessor. If there is mane fta one party named as Lessee, wtice to ono shall be deemed enfiWIMI as notice to all. 14 09 Fkwe for Payment of Rent The Lessee shall pay the Rent. Inchrding all Additional Rent, at the o9ke of the Lessor specified in Sermon 14.08 or as such place or planes as fire Lessor may designate from time to time by notice in wrking: currently to ft Cwhier'a Office, City Hall, P. O. Bear 1971, 15 Mutet Square, Saint John, Now Brunswick, EM 4L1. 14.10 Approval is Writing Whenever the Lassoes consent is required to to gives wrcancter or weerom the Lessor must approve any act er pa darmaace by the Lessee, such consent or approval, as the care may be, shall be given in writing by the Lessor befom some and shall be deemed to be cf wtivo. 14.11 Governing Law The Lease is to be governed by and construed accordiaS to the laves of the Province of New B=zwkk 14.12 Captlons and Seetkm Numbers The Mme, seeth m members and affects unmbars appearing in this Leese ace inserted only as a matter of comtisnieneo and in no way define, limit, construe or describe trice saapa or iataat of such sections or articles or of this Leasc, nor in any way affieet this Lease. 14.13 Par dal lnvalldlty If any term, covenant or condition of this Leese or the applimfm tteeseof to any peraose or chmunstsnce shall, to any extent, be invalid or rmsadaoamble, tiro remainder of this Lease and/or the application, of such term, covenant or condition to persons or adrenmatsncae other than those w to wWch it 33 Lesee for SINU space— Citymmin 514997 N.D. kw, sdlab a "C* -Pare 19. is held invalid or uaenfi veaable, shall not be affected thereby and each term, eovenent or eonditiom of this Lease shall be separately valid and rnfmcable to the fullest es i - pehmi#ted by hm . 14.14 No Option The submission of this Lease for erca akWon does not cansf se a reservation of or ogdon fDr the Leased Premises and this Lease becomes eff Ame as a Lease only upon euvation ad delivery theh>:+of by the Lessor and the Lessee. 14.15 Time To Be of the Rue= Time shell be of tike essence of this Lease. 14.16 QaietFnjoyment The Lessor covenants with the Lessee for quid enjoyment. 14.17 Riders and Schedules Schedules suwJwd hereto form part of this Deese. 14.18 Rent Fm Period The Lessor and the Leases agrw so long as the Lessee is not in def aM under the Lease, the Leases will not be responsible fur Groin Best tzom January 1, 2011 to and including January 31, 2014; and trees January 1, 2015 to and iaelading Jhmaary 31, 3013; and from January 1, 2016 to and imluding January 31,2016; and from January 1, 2017 to and including January 31, 2017; and from Januaryl, 2010 to and ftdudtng January 31, 2018. thilities, Proma k m Fawls/Menharts' Association dues are payable darhhg the Rent Free Period. 14.19 Existing Cooler on I.eaaed Premises The Lessor covenants and Woos to repair do water and structure damage caused by the sedating cooler In Stall 10 and the Lessor and the loom covaw t and agree that once dw repairs one completed, 6so cooler will beonme the property of the Lasew who hmvby coRvwu is and agrees to pes£oaa, all fumm mahlemume and repair of tbn said cooler. 14.20 Aceepttmee of Leased Premises The Lessee accepts the Leased Pmwes "as V. 34 SCIMPULE "D" RULES AND REIGULAMIONS I. All loading and mA ding of goods shall be dome odd at such times, in llne areas, sod though the eatzat me, dcalip ed for such psnposes by the ><,at dlod. 2. The delivery ar sh4q;mg of merchmbse, supplies coed 8xtum to and ilom the Leased Promises shall be subject to such comtrols as in the judo of the Lmdkwd are nec any► for the piw a operation of the Leased Premises and/or the City Market. 3. AN garbage and reflaw shall be leapt in fire kind of oouNhazs epeeifted by the Iamdkwd and shall not be burned in or about fire Leased Premises. 4. No radio, tolavision, telegrapbic or tolapbone at similar devloe and as water pV, Sm pipc or aleck vine dell be bmtalled or cermseW without obtairing in each instance the written consent of the Landlord. All sorb oornnectiams shall be itnstahM in accordance will► do Landlord's direction and wWwat such disedioa no boring or coming for wires or pipes shall be pemolted. S. The Tang will bo rated to remain open for badness as follows: IL Stalls shall be open for busimas at all lipase while the marlact is opt to the public. b. Year round stands shall be open for business at all times while the marls is open to the public. 6. The phambing faplid= shall not be nod for any odw pvaposo dean that for which they am intended, and no taadgn substeoco of sny kind shall be thrawa dwain, and the aq nse of any brealake, gboppege or damage r m tittg >im a violation of this provision Wan be borne by the Tenant. 7. True Tammt shall use at the cost of rho Tenant a nationally recognized pest eatesmittatiou con . 8. The Tenant, its employees or ate, shall not mark, paint, drill or in say way duce any walla, cedHeA paidd ma, HooM vxod, sons or iron wlfout the wriow consent of die LwxUmd. 9. Except as pernsined in the lease to which dicac miees and rephM ms rue annemmi, the Tannat shall riot permit any cocking in the Lamed Promises witMrnrt the written cow= of to L mdk d. 10. No side, sidewalk, o tny, passageway, davateor or etsi=w shall be obetructod or used by Me Taman, its otTioas, age, servantk ampk*mNN cwaftwtars, enatamura, ituvitoes or lievsoseer for any propose odw than iWass to and agrees fi+om do Island Prmuses. 11. The Tenant, its offtows, agents servants, employees, contraclms, CdrBtomeZ% imrb= or lip shell sat bring m at tale cult, position, aswwwa instalh or move any ash or outer heavy equiprmont or 6 1 " r ma wilind Eat obtaining the coeseat in writing Of tlm LaWflord. is giving such consent, the Landlord shall have the right in its sole discretiem, to pmacrlhe lbe permitted and the position dmco4 and rho use and design of plank®, sleds or phiff = to distrrbate the we* 'I Fir -o£ All dmngo dome to the City Madeet by moving or using my such safe, heavy equkonst or famitiffe shall be repaired at the agmma of the Tansnt. The moving of all equ4ment and the Emsium: a mn ocean only daring those hours when tha dty Marioet shall not be opera far business or say othar time caamemoed to by the laedlcted. 12. All persons an ft and leaving due building in which the Lamed Pmmisea are mended mud do so doing bm m the City Marlat is staffed by City Market employw& The l mdlard at he We diuratim may dome tiro hum ilea City 1ldadwt is stafiA Tenants shall n jisior is bod a if so ngnined by the Landlord when socassing the Market "after Market hoarser. The Landlord Is under no vcgx su3 tj► £or fiihve to aafoeee this rule. 13. The Tenant shall not place ar cause to be placed any additional k oaks upcm any doors of the Laced Promises without the appmvd of the L mdlord and subject to any comditdoaa issposad by the T Millard. 14. No arse shall use the messed Pteanises fez sleeping aparbWM or residential patpoaes, at flair the storage of pea mal dkets or articles other than throes required for floe purposes permitted by Sm lease to which these now and ragalatiom are annexed. 35 RULES AND RROULcI 11 TONS Page 2 15. Subject to ihae Landlord's providing such service, the Tenant shall permit window cleaners to clean the windows of the Leased Pty fmm time to time end at reasonable times. Id. Any head mucks, carrryalk or wmflw appliances used in any ballding m the Shopping Camre dudl be egWpped with robber tires, aide guards and such other sa&goards as the Landlord shat! reqqM 17. No animals or birds" be brought into the Leased Premises wxgt as permitted by the Imm b which these reties and nguiadam are annmood. 18. Except as pamitied in the lease to winch those Mae and rgpdatFans we ammmod, the Ter m shall not permit the delivery of any lbod or bevatage to the Lensed Premises vWu t the approval of tbo Landlord. 19. The Tenant shell not solicit busimes in flue common areas or dish*de any bm Mk or o&w advertiaing matter in the eommm areas or m autaanob daa parked in the; pal dog areas. 20. The Termet may only soli man se that is approved by the Lsadloud ihrongh tbdr km tar olh rwiae. 21. The Tama doll not keep or display any morobandw an or ot>urwise obstruct the oommon areas acljaeent to the Leased Prmnisaa. 22. The Tenant shall not use or permit mW of the L®ectl Promises to be used in each a mrmaar as to cause annoying noises or venues or offosm odamrs. 23. The Tarad is respammbla to name garbage ftm their promises and deliver to the compooW designated, by the Landlord and to place the garbage is the conTect m. 24. A set of plan mast be presemted and the approval gut be given by the kallord tr any in*wy em, ff or lainti& etc. to the stands Waft ligns)• 23. Merchandise, displays, shelves, der., are not to eraceod the hdgk of tits bottom zmat hook bats on each stand. 26. No solid dividers are to be placed betwm the top and bottom meat hook bats. 27. Displays undanearh the stands most be set rap 6" off the floor on legs or wheels so the Baer can be swept and washed down properly. 28. Cuss are not to be placed over mmobsndise an a=& without the prior approval of the Landlord. 29. 8*=V is to be in boring wbh the historic char dw of the City Medwt and must meat the following criteria: Matrriala: wood earl Mdai em considered to be eppropriate materials. Ploxtic may be need psuvided that it kwim lilac oats of the acceptable materials. Internallrftmirubd plastic Seed boar signs will not be acceptable; Number of Signs: F=h tenancy will be permitted one bem b -top rigs on aich borsch (7'- 0* lengft or one projecting sign on eadi aWe4dc that idenffn the buainem by name and type; Smc h top Signs: These aign are the p idon ed primary firm of aigaage. They must be ktcated Ito 2 males above the top rare of the bench, and abm& display dw basket name. They will consist of a 8" high by 6' -0" long narrow band of materld with the lettering printed, painted, composed of individual raised letters, or lettering out into dm matmW and paitrted a controo g colour. The rear may not be used for sigaege over moths tenancy, Projocturg Sigoe: Projocdog sips may be used and shall be oons nmW as two-sided signs. They may only be located at a beach post, and must be rigidly i ast c ued in pleat. They d M be va n d in proportiam. The mmdmum size for projecting signs doll be lg" high x 12" wide. Oily me per tennavy Va"side dmU be pmmiitted as susiom ideeMun iamb bighted Sign: Not pamdbA TengK ruy Signs: Any member of signs advert omg floods for sale, specials, etc. shall be permuted. They may not exceed SN' x l l" in sire, acrd must not eacmdv* obscure the view through the beach between die Salt. and Isst rail above the bench. 36 6 �{ 1 M///.��. i�}�3iWry¢'�� 'Vii �anl + is city o` sa� mmil N► Mi b� 1 1i�q.Ylyl�r+Y�le f! afra CRY it 1� �w+max a �* i &?ft /iW�W ' � � do a 1T�p`�}yy� �AW�'� �r •FYI ..MGM W�..��bie�{1y#,�M! JM .>•kltl i �,(W1{t t`� �y�� . mm ' jP Can w lf hrfc zmy q '.. ■a �p/� .�pW} / +y.W a'c *& X15 15F���ilEm do qaotwm �1y1 is Jl.. dl= r1.�.,Y � 0" maw P =and= mmaxt* ,,= ffmrbVwco-isim i-$ lowsp I Sdmmiv, 1 mma !N%- 1 &km I Mew to rodlil coo AUTURDWAMORAMM i#^A3i�#�IMM+r� - y ' m of ma pt i"=, 1 mm of 5" hh% � �¢ y �+� # � � as m i t ! "L. R.eaY 4L20 Cr- tmm C 1i F- OW M614 Ptl' q�iiyW��i �y�. .�+ t `. W Tama: 'ice so pw.p� dpam.9f � � pq �'� ma da �■ � iii *w is iiiiutu JVWsbm"mdmdundwssoWfbstw= - e+rpr Il at omgdwp In iir■iii i t 1 Dow mama. dafteAm Mat f* itmm&M rOLS9 = h vc t= cbegw iwww Apins3lt<a willitt. Inge Is03"ari &ommp&*AA=1U mvdak w b"rl x o . r�n�hw �s rrr* 37 *Baca Lam, =,m =W W ami" 1dibm ccC, �a itip�rrht '..� �fRw late : at ubrm wm AL }WAMM gro-AI&I ft a No w& vpmmm mire w� bwam& ,64p7sr.s Yl TERM AND C NUrrTOM bklUftmBd iaev xo��otreiao:a�c�.t��i� tit iiWsttd��a�a to CA rai*alfit fog. �►[yrt�t 8.xi a�a X33 �+?+i�+tk�ts',� If'ti� I1aat�►oIB�t'Sa t � ••� .,- ..ina.,.,.r,434 9�yAtL�ii tt deld�� air �Oed io � °�� 'OD AMON WiMLAINVOM dapattod to 3op'am sowast TIM fkofgja Seib, wm to yffa gait tic A PON= aim mL % *lptirmey ** ka&mtbstL Ill�mfimn*da n .:cj hado wM be med w-ly f w #iya abomagM . pwp . no r�rc" ,*car. figgshim m &b fmm- is ym mbmbmdm R-0.7boaqatafthihil tc. 3mm Ght9&=&= ff}miffm irk iodtotis to coB 6S2-1960 cc ta* CRY BOUALti I (SffSj -28M. • yam dry EN aroma lopwom w pl�rss±r�it tto won= a+ Lmaum dtmc'9v* dmft Pdamno p` C abe dre abm am nmwwd d to I cu go Pirik-aml am r.dmm do ow b isdw W dam 3p q=ft-qj,,&t &t {s i. "Ili j4 omwb, , ^ids W lohnsh as twianic� � �� a�Ma antTi wean nme ." hobdin &IA,* ,,M&,** MKLMptJ+ch�Nj PEUPPMNo Pa A i dac dws -cgumubft xm wWjmilv miloomftps so +r vitae C14MOL Voft 84put" ow 00 =wbwm IL Cc qm Jib C4 or y tA . Bi Yam@ win &M q pvpwn & atto .Wmmw a%6dL-.- par 4 PROVINCE OF NEW BRUNSWICK COUNTY OF SAINT JOHN of the City of Saint john, in the County of Saint John and Province ofNew Brunswick, MAKE OATH AND SAY: 1. That I am the 4 e S ' of 514807 N.B. Ina, the Lessee named in the foregoing instrument and have cusbody of the Corporate seal of the said company and am drily audwrized to make this affidavit. 2. That the oatporate seat affixed to do foregoing went and purporting to be the corporate seal of 514807 N.B. Inc., is the corporate seal of 514807 N 3. Inc., the Lessee named in the foregoing instrument and it was affixed by the office m authorized to so affix thu seat. 3. That the signature " t, _ _" subwdlW to the said instrument is the dg►attu,e of t ,tile ' Q 0 Q1 c a �e F`�►1^{ as the said 514$07 N.B. Ina, the signature v is my signature, and myself as and 0l v J I v J. !! � r f uL duly authorized to execute the said instrument. 4. THAT the said documeet was exam ted as aforesaid at the City of Saint John in tho Province ofNew BC MvjCk on the L( day of ,� ye e, . 2013. SWORN TO before me at the City of Saint John, in the County of Saint Jahn and P,mvince of Now B : icdc, fair V day of r2013. — —"I- lo----_-_-_--7, Commissioner of Oaths Being a Solicitor 39 REPORT TO COMMON COUNCIL OPEN SESSION M &C2013 -247 November 12, 2013 His Worship Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: Designation of staff for entry on premises under the Community Planning Act BACKGROUND e City of Saint John From time to time, due to staff changes, by -law updates and good housekeeping, it is necessary to designate appropriate individuals of Growth and Community Development Services with the powers of entry on premises for purposes of carrying out inspections as part of their daily duties. These powers are described in Section 92(1) of the Community Planning Act. The attached resolution relates to inspections pursuant to the Saint John Building By -law. RESOLUTION Your City Manager recommends that Common Council adopt the attached resolution. Respectfully submitted, Amy Poffenroth, P. Eng., MBA Deputy Commissioner and Building Inspector Growth and Community Development Services it M & C 2013 — 247 - 2 - November 12, 2013 Jacqueline Hamilton, MCIP, RPP Commissioner, Growth and Community Development Services J. Patrick Woods, CGA City Manager encl. L'lll RESOLVED, that as recommended by the City Manager, the following resolution be adopted: 1. WHEREAS the Common Council of The City of Saint John has enacted certain by -laws pursuant to the authority of the Community Planning Act, R.S.N.B 1973, c. C -12, and amendments thereto, (the "Community Planning Act ") including A By -law Respecting the Construction, Repair and Demolition of Buildings and Structures in the City of Saint John, By -law Number C.P. 101, and amendments thereto (the "Saint John Building By- law ") and it may from time to time be necessary to make inspections for the administration of the Saint John Building By -law; AND WHEREAS subsection 92(1) of the Community Planning Act provides that a council may authorize persons the right to enter at all reasonable times upon any property within his jurisdiction for the purpose of making any inspection that is necessary for the administration of a by -law: NOW THEREFORE BE IT RESOLVED, that each of Pamela Bentley, Christopher McKiel, Nicole McKenna, Lorraine Denton, Mark Slader, Marc Goguen, Jason Waye, Darryl Berube, Vincent Chan, Tamara Duke, Rick Armstrong, Patrick McCarthy, Katelyn Davis, Kyle Arsenault, all of which are City Inspectors, is hereby authorized to enter at all reasonable times upon any property within the territorial boundaries of the City of Saint John for the purpose of making any inspection that is necessary for the administration of the Saint John Building By -law, effective immediately, and this authorization shall continue until he /she ceases to be an employee of Growth and Community Development Services of The City of Saint John or until it is rescinded by Common Council, whichever comes first. WA REPORT TO COMMON COUNCIL M & C — 2013 -241 November 5, 2013 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: Lease Renewal for #169 - Market Place West Saint John Port Authority Property BACKGROUND: The Saint John Port Authority leases lands known as Market Place West which the City uses for parking and recreational uses (ball field). Lease #169 expired on October 31, 2012 and the Saint John Port Authority has written to the City advising they are prepared to extend the lease to the end of December 31, 2014 with the rent to be $30.00 per annum. The parcel in question is slightly less than 44,000 sq. ft. and fronts on St. John Street near Market Place (see attached sketch). The City has held this lease since November 1, 1976. RECOMMENDATION: That The City of Saint John renew Lease 4169 with the Saint John Port Authority Corporation for a further period commencing November 1, 2012 and expiring on December 31, 2014 at a rent of $30.00 per annum (plus HST if applicable), and that the Mayor and Common Clerk be authorized to sign the letter of renewal attached hereto. Respectfully submitted, urtis Lan�ille,.�,/ Real Estate (fian Irving, BB ` ? y�� Manager Real tate eomans, CGA, MBA a ick Woods, CGA sioner Ci Manager and Administrative Services Attachments W City of Saint John CL - I 1 V/ J O d tJ? 0, 4e Ml rn 0 �r O C a 4 J CL - I 1 V/ J O d tJ? 0, 4e Ml rn 0 �r O C a Port Saint John October 29, 2013 City of Saint John Sent via email: curtis.lan ille saint'ohn.ca P.O. Box 1971, Saint John, NB E21- 41-1 Attention: Mr. Curtis Langille Dear Curtis, Re: City of Saint John, Easement # 169 — Playground & Parking, Market Place West Please be advised that the above easement agreement between the Saint John Port Authority and the City of Saint John expired on October 31, 2012, This letter is to confirm that the Saint John Port Authority is prepared to continue these arrangements for a new term with a commencement date of November 1, 2012 and ending December 31, 2014. The annual rental fee of $30.00 has been prorated for the period November 1, 2014 to December 31, 2014. All of the remaining terms and conditions except as amended above, shall continue for the extended term. Our invoice for the period November 1, 2013 through to December 31, 2014 in the amount of $35.00 plus HST is attached. Please review this matter and if you are in agreement, sign and return the attached copy of this letter as confirmation. If you have any questions or concerns, please don't hesitate to contact me at 635 -4982. Kindest regards, Saint John Port Authority s. Lou Pit�re Ouellette Leasing & Development Services Attach. (2) THE CITY OF SAINT JOHN accepts the terms and conditions of the SAINT JOHN PORT AUTHORITY'S letter dated October 29, 2013, THE CITY OF SAINT JOHN Per And Common Council Resolution: , 2013. 111, rue Water Street, Saint John, New /Nouveau Brunswick Canada E2L OBI El�1�]Yt+7ly11H Tel. /ti,L 506.636.4869 Fax /telec. 506.636.4443 sjport• corn �.J(�.i1CiL1Gt REPORT TO COMMON COUNCIL M &C 2013 - 244 November 12, 2013 His Worship Mayor Mel Norton & Members of Common Council Your Worship and Members of Council: The City of Saint John SUBJECT: Memorandum of Understanding — Provision of CBRNE Instructor Services BACKGROUND: In October of 2012 the City of Saint John extended its agreement with Public Safety Canada through the Canadian Emergency Management College (CEMC) to provide Chemical Biological Radiological Nuclear and Explosive (CBRNE) instructors as part of the national strategy on emergency preparedness. The 2012 Memorandum of Understanding (MOU) was a renewal of a previous agreement whereby personnel from the Saint John Fire Department were invited to serve as visiting instructors at the Canadian Emergency Management College (the "CEMC ") in support of the College's programs. The 2012 MOU facilitated participation and payment for the City's role in the delivery of the Department of Public Safety and Emergency Preparedness courses. The purpose of this report is to present another opportunity to develop and maintain subject matter expertise in the area of CBRNE and Hazardous Materials incidents through participation as instructors on an international delivery of the CBRNE program at no cost to the City. ANALYSIS Historically, a limited number of personnel from the Saint John Fire Department have been invited to serve as visiting instructors at the CEMC in support of National Emergency Management Programs. City staff participation in these training programs not only allows for the broadening and enhancement of their knowledge, it also serves to support their ongoing professional development and, by extension, elevates the profile of the City of Saint John within the National Emergency Management i, Page 2 Memorandum of Understanding — Provision of CBRNE Instructor Services community. Indeed, Saint John is only one of a few municipal fire services that provide instructors on the delivery of this specialized training. Furthermore, the (industrial) emergency response profile of the Saint John Region is well served by the expertise that is acquired through participation in the CBRNE delivery. The City of Saint John's past contributions of skilled and dedicated Fire /Hazmat Subject Matter Experts ( "SME ") provided invaluable assistance to the Canadian CBRNE response community through the Canadian Emergency Management College. The Royal Canadian Mounted Police and the Department of Foreign Affairs Trade & Development are now seeking the City of Saint John's support for capacity building of partner countries in dire need of CBRNE training. The assistance of Saint John's SME during these training activities contributes to the effective and consistent training of emergency management procedures for international CBRNE First Responders. Saint John will benefit by maintaining and increasing SME's skills, and by reinforcing its networks in the Canadian and International CBRNE community. All costs associated with City staff participation in the training programs are reimbursed by the CEMC and all other business interests of the City of Saint John have been addressed in the Memorandum of Understanding. RECOMMENDATIONS RESOLVED that The City of Saint John enter into a Memorandum of Understanding with The Royal Canadian Mounted Police ( "RCMP "), prepared August 30, 2013 respecting the participation of members of the Saint John Fire Department as Instructors / Subject Matter Experts for international Chemical Biological Radiological Nuclear and Explosive ( CBRNE) training. Respectfully submitted, K�v liffo , A, O Fire Chief J. Patrick Woods, C.G.A. City Manager Attachment M Protected "A " Memorandum of Understanding THIS ARRANGEMENT, signed in duplicate on the 2Lday of �, 2013 BETWEEN THE ROYAL CANADIAN MOUNTED POLICE (HEREINAFTER REFERRED TO AS THE `RCMP') AND THE CITY OF SAINT JOHN, NEW BRUNSWICK (HEREINAFTER REFERED TO AS THE "Agency ") REGARDING Services to be Provided to the International Chemical Biological Radiological Nuclear and Explosives (CBRNE) Responder Training Program Whereas, this Memorandum of Understanding (MoU) establishes an Arrangement under which the Agency can provide for services of qualified professionals to act as Instructors /Subject Matter Experts for international CBRNE training coordinated by the RCMP. Whereas, under the Department of Foreign Affairs and International Trade (DFAIT)'s Global Partnership Program, Canada supports the international implementation of UN Security Council Resolution 1540 through capacity - building projects to prevent the proliferation and terrorist use of weapons of mass destruction and related materials. To do so, DFAIT's Global Partnership Program has partnered with the RCMP, as it possesses the expertise and experience to deliver such training as the lead agency for the National CBRNe Response Team, Whereas, the Agency will be provided under this MoU an opportunity that will broaden the skills of its resources, improve training capacity within its own organization, and expand its network and interoperability within the emergency management and first responder community. ROLES & RESPONSIBILITIES 1.1 The Agency intends, subject to sub - Arrangements that detail the tasks to be performed, provide subject matter experts to perform some or all of the following: i. Present prepared lectures as required; (includes course preparation, delivery and post- course activities); ii. Act as a facilitator during group discussions as required; iii. Monitor course participant comprehension during lectures and respond appropriately; iv. Coach course participants during learning activities as required; V. Debrief course participants after learning activities and simulations as required; vi. Share with personnel involved in the delivery of the course concerns and issues regarding the quality of the participants' learning experience; vii. Carry out training delivery related duties as requested by the RCMP. 1.2 RCMP will provide overall direction to the Instructors on the delivery of courses. 1.3 RCMP will reimburse the Agency as identified in the applicable Letter of Request for salary, and for overtime costs associated with back -fill of employees working on the tasks if required, for the period of the work described in the sub - arrangements. 1.4 RCMP will reimburse the Agency upon submission of original receipts for eligible CBRNE work related travel expenses, not provided at the course(s) i.e transportation, meals, accommodation and associated travel costs. Reimbursement will be in accordance with the policy, provisions, rates and allowances contained within the National Joint Council Travel (NJC) Directive, 2: INTELLECTUAL PROPERTY RIGHTS All work carried out by the Agency under this Arrangement, including all accessories such as videos or other scenarios remain the sole and exclusive property of the Agency. 3: COPYRIGHT LICENSE The Agency gives the RCMP a nonexclusive and irrevocable license to use, publish, translate and communicate to its clients by any means whatsoever, content or material presented or produced under this Arrangement for all purposes deemed appropriate by the RCMP. This license is granted without territorial or time limit. Wo 4: PROCESS 5: 6: 7: 8: 9: 4.1 The Participants will provide each other with the title and contact information of the official responsible for the administration of the process. 4.2 The Agency will notify the RCMP of an approval to a request within 21 days of the receipt thereof. 4.3 Payments will be made to the Agency upon the completion of a task and the receipt of an invoice. TERM The term of this MoU will be for a period of 48 months commencing upon signature of the Participants. DURATIONS, WITHDRAWAL & TERMINATION 6.1 The MoU will remain in force until either of the Participants withdraws from or terminates its participation, or the completion of the term specified in Article 5. 6.2 Either Participant may unilaterally withdraw from this MoU by providing thirty (30) days written notice to the other Participant. 6.3 This MoLl may be terminated at any time with the mutual written consent of the Participants. STATUS OF PERSONNEL Nothing in this MoU will be read or construed as conferring upon the Agency or its employees, the status of officer, employee, servant or agent of the Government of Canada. LIABILITY Each Participant will be responsible for any damages caused by the conduct of its employees or agents in carrying out the terms of this arrangement. PRIVACY ACCESS TO INFORMATION The Agency acknowledges that the RCMP is subject to the Access to Information Act and the Privacy Act and the RCMP also acknowledges that the Agency is subject to New Brunswick right to information and Protection of Privacy Act, both personal and otherwise, collected as a result of the request for services from the Agency or in the seeking of payment will be subject to those Acts. 50 10: AMENDMENTS Amendments to this MoU may be made only with the written mutual consent of the Participants. 11: SETTLEMENT OF DISPUTES Any disputes regarding the interpretation or implementation of this MoU will be resolved only by consultation between the Participants and will not be referred to a tribunal or any other third party for settlement. 12: COMMUNICATION All correspondence must be sent to the following respective mailing addresses of the Participants or by fax: SAINT JOHN FIRE DEPARTMENT Fire Chief Kevin Clifford Saint John Fire Department 45 Leinster Street St. John, NB E2L 1H9 Kevin.clifford @saintjohn.ca Telephone: 506 - 658 -2910 Fax: 506 -658 -2196 13: EFFECTIVE DATE AND SIGNATURES: For the City of Saint John: MAYOR City of Saint John COMMON CLERK City of Saint John RCMP CBRNE Operations Sargent don Chenel National CBRNE Response Team 1426, Saint - Joseph Blvd. Ottawa (Ontario) K1A OR2 Don.chenel @ rcmp- grc.gc.ca Telephone: 613 -993 -9104 Fax: 613 -998 -8515 For the Royal Canadian Mounted Police: Joe Oliver, C /Supt. Assistant Commissioner — Technical Operations Date: Date: 51 October 28, 2013 Suping Shi President of the Chinese Cultural Association of Saint John 12 Mahogany Island Court Saint John, NB E2M 5W2 City of Saint John Mayor and Councillors 15 Market Square FO Box 1971 Saint John, New Brunswick E21, 4L1 Dear Mr. Mayor and Honourable City Councillors: On behave of the Chinese Cultural Association of Saint John, I am writing you to seek funds to help keep our association a healthy and vibrant part of the Saint John community. Currently, we are organizing three projects for the 2014 calendar year: 1. Chinese New Year Celebration February 1, 2014 2. The 30'' Anniversary Celebration of the Chinese Cultural Association of Saint John, September 28, 2014 3. Chinese Culture Education Sessions and Performances for community groups and schools. The Chinese Cultural Association of Saint John was founded in 1984. It is a non - political and non -profit organization. It is dedicated to promote appreciation and understanding of Chinese culture through local Chinese community members in harmony with other ethnic Canadians who are interested in promoting multiculturalism. The Association also operates a Chinese Language Learning School September through June. It provides socializing activities among the local Chinese. It holds many Chinese cultural and social events to promote friendship among all segments of the Saint John community. It also provides service and assistance to the Chinese community and in particular to those who are new to the Saint John area. These three projects are important to our Chinese community and to the city of Saint John. Project 1 Chinese New Year Celebration The Chinese New Year Celebration is the most important event within the Chinese community. This corning Chinese New Year is on January 31, 2014. We are planning the celebration on Saturday evening, February 1, 2014, Last year there were about three hundred and eighty people who attended the event. This year, it is expected around four hundred and fifty people (includes free tickets for dignitaries and discount tickets for children etc.) will attend as interest in joining this festival continues to grow in the city. Based on experience in previous years, I believe that the cost for costumes, food, venue rental and decoration will be about 52 $6,000. The ticket sales are expected to raise about $4,000 as income. We are seeking funding help of $2,000. Project 2, The 30kh Anniversary Celebration of the Chinese Cultural Association of Saint John, September 28, 2014 This year marks the 30`h year of the Chinese Cultural Association of Saint John. As one of the major ethnic groups in Canada, it is important to help the local community understand and appreciate Chinese Culture. We are planning to organize the celebration in a manner to reach out to our community to promote multiculturalism. This celebration will serve as a source of pride for the whole community and send a strong message to potential foreign students and immigrants that Saint John is a city that welcomes cultural diversity and the prosperity it brings to this community. To help raise the visibility of this celebration we are seeking funding of $2,000 to help cover our costs and allow broad community involvement without having to charge for events. As our planning for this celebration progresses, we will provide details of the specific events and the budget to cover them Project 3. Chinese Cultural Education and Performance for Community and Schools Last year we were invited to Island View Elementary School to give an introduction and performance about China and Chinese Culture. We are expecting more invitations for the similar events this year. We are also planning to pro - actively approach schools and other community groups to give more talks and performances about China and Chinese Culture. We were also invited by St. Mark's United Church to participate in their community fare events. Next year I believe more church groups are going to invite us to participate in their events. Since China plays a more important role in the global economy and community, and more and more new immigrants come to Canada from China, it is important for our Iocal Saint John community to know more about China and Chinese culture. To cover the expenses such as gas and food, wear and tear on our costumes, we are seeking $1,000 funding from city for this project. Thank you for taking the time to consider our request and we look forward to your deliberations yielding a positive response. Sincerely, Suping Shi President of the Chinese Cultural Association of Saint John 12 Mahogany Island Court Saint John, NB E2M 5W2 Tel: 506 -672 -3066 Email: suping shi@hotmail.com 53 r ancing Class 'lr At J u c aint.. nhn an'dilt`, lv jnST:iinic bit win ■ r ■ ■ i i rte i 0 s ,w Now. r XwB vw� A Warm Welcome ... from ... The Chinese Cultural Association of Saint John CCASJ: home for all of us For fun, exciting and social interactions CHINESE CULTURAL ASSOCIATION OF SAINT JHON P.O.BOX 2661 Saint John, NB E21- 4Z7 Email: info @ccasj -org Website: http: / /wavw.ccasi.org +X--; -4 t http : / /forum,ccasj.org Sample traditonai social events include: - Celebrating Chinese New Year and Mid - Autumn Festivals. - Canada Day celebration and Dragonboat Festival, etc. - Language school and cultural education. - Regular social gathering with pot -luck dinner. - Summer BBQ, strawberry picking, hiking, bawling, etc- '1= — 136MINE: BBQ *i*, 49*- , PERFORMING ARTS GROUP A volunteer based nun- profit organization, dedicated to help Canadian audiences increase their understanding and appreciation of the Chinese culture. We perform a variety of cfassical, contemporary and many ethnic Chinese performances. Contact Ms. Jennifer Ciao, or Suping Shi Tet: (506) 643- 8368,(506) 672 -3066 Fax: (506) 847 -0954 Email: jasmine.arts.group @gmoil.com ILA tt,XNkAl- 9A * #A)) t A*- 1X01& +�t� . tit: (506) 643 -8368 !(5€16) 672 -3D66 ( : (506) 847 -0954 ��F: jassnine.ar�s.graupQgraail.cnra CCASJ Membership Fee: Single $101per year, Farnhy $20lper year zz 5 +/, $101 --+, AkA$ 0i--- , - -- Join us and help us to grow{ WAM r, r r (� �< KEYINDUSTRIES.ca 239 Charlotte St. Saint John, NB E21- 2K1 506 - 634 -6888 fax: 506 - 632 -1073 www.keyindustries.ca October 28, 2013 His Worship Mayor Mel Norton and Members of Common Council City of Saint John P.O. Box 1971 Saint John, New Brunswick E21- 41-1 Dear Mayor Norton and Members of Common Council: In 2008, we were pleased that Common Council approved a generous pledge of $150,000 to Key Industries and their fundraising campaign, 'Building a Brighter Tomorrow, Today ", which was to be paid in five equal increments of $30,000 per year from 2009 — 2013 inclusive. We did receive payments in 2009, 2010 and 2011. However, in February 2012, we received a letter advising that because of some very difficult budget decisions, the 2012 operating budget would not be allocating any funds to our organization. Today, we are writing to request if possible consideration could be given to reinstating the payments of the balance initially pledged by the presiding Mayor and Council during that time period. nk you in advance for your consideration of our request. rely, Tom -aames Chairman Fundraising Campaign Providing personal support services to empower persons with a disabi5�achieve social, community and economic independence The Saint John Cat Sanctuary Pilot - Project for Saint John, New Brunswick Request for Funding Proposal to the City of Saint John To the Attention: City of Saint John Common Council: October 30, 2013 Prepared by: Fran Menton Alex Scott Jen Irving Summary Saint John is known as the renaissance city. The city has "turned a corner," according to Mayor Mel Norton. Unfortunately, while our city strives to improve the inefficiencies of the past our community as a whole has not kept up with the rapidly- growing population of stray cats. On September 25th, 2012, cats were removed from our city's by -laws. `The City will no longer respond to reports of stray or missing cats, or provide for their care. This means that the SPCAAR will no longer be responsible for providing this service on the City's behalf.'- City of Saint John The Saint John SPCA Animal Rescue is a no -kill zone and they have been at capacity for some time, housing 65 cats and unable to take in anymore. The Ca -r -ma rescue organization has also reached their capacity of fostering cats. Their initial mandate is to trap, spay /neuter and return feral cats to their colonies, and they have now extended their services by fostering pregnant mothers. According to Ca -r -ma co- director Jody Hartley, their organization has assisted over 500 cats starting from this January up to the beginning of August. It isn't uncommon to speak with one of their volunteers to learn that in over a two year span over 400 cats have been fostered in only one home. Each organization has phone calls and emails by the hundreds. They are often calls from individuals looking for placement for cats that have been abandoned or mistreated. Realtors calling because cats have been found in an abandoned building that has been listed and they don't know what to do with them. Apartments being vacated and domesticated cats are being treated as 'disposable'. The stories are endless and the list of stories continues to grow and grow. 57 Since the shelters are full, and foster parents are at capacity, we are looking to create an alternative low -cost solution for Saint John's forgotten felines. We will emulate the same model that ran successfully for over 30 years on Ottawa's Parliament Hill. It is called a cat sanctuary. We have reviewed the way this sanctuary was implemented and are working on building similar structures, and it will be run by dedicated and trained volunteers. Our sanctuary will be a secure exterior shelter that will be built to provide housing for a select number of strays. This will be a warm place where these stray cats can be accounted for, cared for and hopefully re -homed to responsible, loving owners. This will be a place for the community to call their own, as we will promote this as a local attraction for tourists. We are currently in the process of trying to find the best suitable location for the Saint John Cat Sanctuary and we have had talks with members of city council, city managers and planners. We have reached out to the Saint John Port Authority, and have a planned meeting to see if there can be a partnership formed for space. We have also reached out Ca -r -ma, the SPCA and also local vets for insight on our project. The first pilot - project sanctuary will be initially designed and built to house approximately 15 cats in the uptown Saint John area. All cats that are brought into the sanctuary will be strays that can already found in the uptown area, so citizens cannot say "not in my backyard" since that they were already there to begin with. We will begin the process capturing the local stray animals using humane traps. Once captured all cats will be fixed and vaccinated. They will be fostered for several days by members of our volunteer organization until they are healed, and ready to be brought into the sanctuary. Unlike the local animal shelters and foster cares the sanctuary cats will be free to come and go from the shelter as they please. They will be housed in an insulated exterior shelters that will be properly secured with fencing. There will entry and exit points specifically designed for the sanctuary cats, which can only be unlocked using wireless RFID tags that will be attached to their collar. Volunteers will make daily visits to provide these cats with companionship and to also oversee the various duties that will be put into place such as cleaning, feeding and accounting for the cats (making sure they are healthy and safe). They will also receive the proper veterinarian care as we have been making partnerships with such venetians, including Cathy Adams. We are looking to `go big or go home'! Our long -term goal is to build this shelter so that it is completely off the grid (if possible). If the shelter can be designed to be self - sustainable then it can one day be easily be replicated in "hot zones" in different parts of our city, and then eventually throughout our province. We also want it to be in the public eye. The Parliament Hill Cat Sanctuary served as a tourist attraction, which helped bring awareness and funds to their project. So why have we reached out to you? We feel it's important for a project like this to be championed by city staff, the mayor's office, and members of our city council. By working in a collaborative effort we believe that we can rally citizens across the city behind our goal. And that goal is to put the brakes on and reduce our overall stray cat population. We want to be able to provide other communities with a complete template on how cities in the twenty -first century can deal with their overgrowing stray cat population. We want to be able to have a place for these street cats to call home and we will work on making that possible, while helping to reduce the overall population, one feline at a time. History The concept of the Saint John Cat Sanctuary started with Alex Scott (a local uptown Saint John resident) who was shocked to see that his neighbour had left - behind his cat when he moved out of his apartment. The cat was abandoned and left begging at the door in vain hoping to be let inside. Alex did what he could by contacting the local shelter and reaching out through social media to those within his network, but had no success. The next day the cat was gone. The Saint John SPCA Animal Rescue informed Alex that they were unable to take the cat because the wait list that they have has hundreds of cats waiting to be brought into their facility. The same response was received from Ca -r -ma, and they are to a point where they can't even listen or respond to the requests because they are so overwhelmed. Alex then remembered his last visit to Ottawa and how a cat sanctuary had been created on the western edge of Parliament Hill. This sanctuary came into existence when the descendants of the original cat colony at Parliament Hill (brought on the premises to work as natural pest control until other means took over their job in the 1950s), were in desperate need of proper care and shelter. In the 1970s, a woman by the name of Irene Desormeaux decided to care for these cats by providing them with food and boxes to live in. Eventually she became very sick and had to be hospitalized. She desperately reached out to her neighbour Rene Chartrand and begged him to look after them. Rene agreed to take care of them but instructed her that he would only do it for a short period of time. Irene never made it back and Rene (who had four cats at home at that time) took it upon himself to take care of these cats on a daily basis, only missing one day when his wife passed away. He took it upon himself to give these cats more than a box to live in. Rene was a former lumber mill worker and so he created structures that were specifically designed to house these cats. He 59 created 'kitty condos' out of wood and went the extra mile by ensuring all the cats received veterinarian care. In a span of two years each cat was spayed and neutered. He would use money that was collected in a donation box to offset the $6,000 it cost a year to care for 30 cats. Food was also donated and he was able to acquire a food sponsor in Quebec. Over time a group of eight local residents began helping Rene with the cats. The colony numbers began to drop from 28 to a dozen until over time the sanctuary was not needed anymore. Cats from the original colony died of natural causes and those that were too old were brought into the warm homes of the volunteers. The Cat Sanctuary was closed and dismantled as of January 12th, 2013. The Project Alex Scott has been joined by Jennifer Irving and Fran Menton. All volunteers to the project and we are currently in the research stage of our project. We have already consulted with Brian Caines (the liaison of the Parliament Cat Sanctuary) who has spent the last 20 years taking care of the cats and also overseeing the operation of the sanctuary. Brian is willing to offer his expertise and assist with providing insight based on his experience with the Ottawa sanctuary. He has also put us in contact with Pierre Filiatreault who start the Pierre's Alley Cat Society (PACS). (PACS) is a non - profit organization located in Halifax, Nova Scotia and it is best known for the establishment of the feral cat colonies at HMC Dockyard. They currently care for 35 feral cats at HMC Dockyard, and approximately 30 cats elsewhere in Halifax. They also use the Trap - Neuter- Return -Care (TNR -C) model and collaborate with other groups on rescue projects. Pierre started his project from the ground up and now assists with the building of shelters for feral cat colonies but he doesn't do this alone. Pierre works with a network of volunteers. These volunteers participate in fundraising activities and provide foster care for rescued cats and kittens. PACS also consists of a well - balanced Board of Directors. Our project would follow Pierre's model as well as the model used for the Parliament project. .1 Budgetary Request Requested Amount: $15,000 • Fencing and Security - $9500 • Spay or Neutering with vaccinations (15 cats) - $3000 • Shed - $500 • Beautification - $2000 To help see this project become a reality we are asking for a request for funding from the 2014 Saint John budget to help our community project get started. We are asking for a total funding request of $15,000. The number one priority that we need to ensure to make our project a success is proper security. Our security measures will include a 10 foot chain -link fence that will surround the Sanctuary. As previously mentioned it will be designed with entry and exit points for the cats so it will keep unwanted visitors (human or animal) out. Our estimated quote from Fundy fencing came in at $8000 - $9500. We will also allocate $3000 to help our initial 15 cat residence become spayed or natured, and this will include their vaccinations. As we begin to adopt our first 15 out to the residents in our community, the adoption fees that we collect will be put towards the spay and neutering of future cats that will be brought into the sanctuary, so it will become self - sustaining. The final $2500 will be put towards the restoration, beautification, and upkeep maintenance of the vacant space. We will make sure that this will be a green space with grass and trees. To maintain the property we will require shovels for snow removal, lawn care equipment, and storage shed. The exterior structures shelters, that will house the cats, will be taken care of internally. We are going to have the Shamrock Truss, an engineering division of Kent Building Supplies that will design and build the structures, as they are donating the supplies and labour for the project. Return on Investment We believe that the cat sanctuary project can help fit in with the True Growth 2.0 strategy, as the city strives for urban revitalization of the uptown Saint John core. The truth is when any city experiences an economic downturn, one of the ramifications of that is there is an increase in stray animals that can be found throughout the community. While the tides have turned in Saint John the stray cats roaming are a remnant, and a reminder of the down period. We believe for a city to experience true growth, it needs to make sure that all avenues are covered when on the 61 upswing. We want to remove that image of a skinny stray cat roaming the streets, tearing up garbage bags as they scrounge for food. We want to turn that image into a green -space tourist attraction that shows how a city on the rise in the twenty -first century deals with our issues. While not all returns on investment are directly monetary, we believe that a new fresh - perspective on dealing with an old issue can produce dividends when the image that we are trying to create here in Saint John. Conclusion Thank you all for your time and for reviewing our proposal. We are a dedicated group of volunteers who are willing to make a difference and we hope you can work with us to reach our goal. In conclusion we would like to finish with this story that was sent to our group. This is a letter that was written by a local Saint John woman and it brings to light the reality of Saint John's cat problem. Thank you, The Saint John Cat Sanctuary Group September 24, 2013 1 10:37pm Written by Missy Herbert I'm 25 single and living in a one - bedroom apartment in uptown Saint John. Let me walk you through a typical day in my world. I get up I feed my 10 cats, including the one who had to have her all her teeth removed at the age of four. I then give my other four -year -old her daily pill for her autoimmune disorder, pat a few on the head and head out the door for work. Fast - forward nine hours later when I arrive home. I check on the food and water left out for the strays I feed. Current count is at least three; a new one appeared last night. Just a baby, I then go inside and am bombarded by 10 curious faces all ready to love me. I check their food and water then go into the one bedroom in my apartment to check on my sick foster kittens. have two at the moment although that can change at the drop of a hat. I make sure they have food and water and let them out to play and run in the one bedroom (they sleep in a HUGE crate to prevent the possible spread of fel -leuk and other such illness). I then retreat to my living room and clean all the litter boxes. Snuggle with whoever needs love and cry over the requests I get to help another cat suffering nearby. I then clean up the crate as the kittens have typically destroyed it while playing the previous evening. Then I put them back to bed and curl up into 62 bed myself. I have been in the world of rescue for just over four years now and I am proud to say that I have personally (much credit to my ex and my rock Mike) saved over 100 cats /kittens. I am devastated to say that in that time I have lost over 30 kittens. I have laid and stroke their sweet heads as the life has literally drained away from them because they were just too far gone for me to save. I've syringe fed, I've learned to administer fluids subcutaneously in a last ditch effort to keep them alive. Do you have any idea what it's like to hold an infant of any species in your arms as they cry dying? Confused, scared, suffering.... tell me what did they do to deserve this? Other than being born? In a world that has deemed their lives to be worthless, don't want them anymore? No problem! Just toss them outside! It's someone else's problem then! Hi I'm "someone else" nice to meet you! can't and won't begin to tell you of the horrors I've been witness to in the four long years I have been enlightened to this epidemic. That's right I'm calling it an epidemic because as it was once so eloquently put to me... if cats were the size of horses... we would be in a state of emergency. The truth is, neither they are not, nor are they so brazen to come out into the daylight. They lurk in alleys, under houses, anywhere they can hide and they come out at night scrounging for a morsel of food, even more than that and especially in the winter fresh water. If you really look for them they are they are in the dozens. They battle the elements, cars, other animals and the most dangerous animal of all.... humans. The sad fact is WE are responsible for their plight. We domesticated them, we brought them inside, stripped them of their basic survival instincts and then tossed them back outside to fend for themselves. We bring them in then DECIDE (that's right you DECIDED to get the kitten and when they became of age you DECIDED) not to get them fixed and then OOPS! A litter is born. Oh well its only 2 kittens right? No big deal! Find them homes. Well.... can you guarantee those two kittens will be fixed? What if only one of them isn't how big can the implications be? The sad reality is the implications are HUGE. This cycle is EXACTLY what has gotten us into this problem in the first place. Now we are in a situation where the two organizations in the city are in CRISIS. Both are overflowing at the seams, with foster homes packed to the rafters as we try to make space daily for newly abandoned/injured/emergency cases. We literally can't keep up. You reading this right now bare some amount of responsibility for what is going on. It's so easy to say "it's terrible" "something should be done" how about actually DOING something? "I'm just one person what can I do ?" ANYTHING but nothing!!! Talk to your vets about starting a low cost spay neuter program. Talk to your members of city council and other political members. Bombard their inboxes. Take a stand. Foster. Adopt. Cross post. GIVE A DAMN! Donate to CARMA and the SPCA. Before you ask us to take another in take a minute and think of what all of us rescuers go through on a daily basis. The fight we fight daily trying to save lives. There is no "secret cat 63 mob" connection that any of us possess to help the cat you want to be rid of. Every time we take a cat that you could otherwise care for (and believe me I have moved, lost a job, changed relationships, been through a lot and my 10 cats have always been with me), we bump a cat on the street that probably needs our attention more. Talk is cheap and I'm sick of it. It's time we take a stand and actually do something. Don't contact me about a cat you found or no longer desire because I'm only going to bite back that there is no lack of cats for me to help. Am I saying everyone should have 10 cats? Of course not; but can you honestly look me in the eyes and tell me you are HONESTLY doing everything in your power to help...... that you have truly walked a mile in my shoes? Until you can I don't want to bear about your situations. For further information please feel free to contact us. Alex Scott 506 -333 -1073 abscott117@gmail.com Fran Menton 506- 644 -9642 mentonfm @gmail.com Jennifer Irving 506 -512 -1225 jen @hemmingshouse.com RECEIVED COMMON CLERKS 0FRCE OCT 3 0 2913 The Hardman Group Limited CITY OF SAINT JOHN October 28, 2013 Mayor Mel K. Norton & Council PO Box 1971 Saint John NB E2L 4L l Mayor & Council: Re: New Year's Eve Celebrations 2413 It's hard to imagine it now, but we are quickly coming up to the start of the holiday season and the end of another wonderful year. Soon, hearts and souls will light up with the warmth and joy of the most wonderful time of the year, and children will be bursting with anticipation of a magical visit. To top off all of our community's joyous celebrations is our New Year's Eve festivities at Market Square, New Brunswick's Festival Place. Each year, families from all over our region gather in Uptown Saint John to see our amazing Development fireworks show, which lights up the Saint John skyline like a Christmas tree! Along with live Management entertainment, activities for the whole family to enjoy, and festive giveaways, this year promises to be the best ever! Consulting As always, Saint John's New Year's Eve festivities are provided at no charge to our guests. In Brokerage order to provide the highest of both quality and quantities to our citizens, we would greatly value a contribution from your organization. Your financial support will help to provide that priceless feeling of warmth and charity as we gather with family and friends, neighbours and strangers alike, rejoicing in the promise of a new year. In appreciation for your partnership, we will promote your business throughout the New Year's Eve promotions and event via print, radio, and social mediums. In this fashion, your business garners high - profile placement in heavily trafficked areas that extends beyond conventional advertising and demonstrates your support of our community - the gift that keeps on giving. Thank you for your anticipated collaboration in providing one of the most cherished and memorable parts of Saint John's New Year's Eve. We would appreciate confirmation of your contribution at your earliest convenience so that we may coordinate the highest caliber event possible! Yours very truly, The Hardman Group Limited eather Peterson Regional Property Manager One Market Square, Saint John, New Brunswick Canada E2L 4Z6 Tel 506,658.3600 Fax 506.658.3605 65 PRESENTING SPONSOR $3,000 ✓ Recognition as Sponsor of the event in all advertising pre, during, and post event ✓ Banners /signage displayed ✓ Logo placement on event website ✓ Web link to your company website ✓ VIP seating for four guests and $250 in gift certificates ✓ Recognition by Emcee as Presenting Sponsor throughout evening ✓ Exhibit opportunity available to your company during the event ✓ Opportunity to introduce headlining band and engage with crowd onstage GOLD SPONSOR $1,500 ✓ Recognition as Sponsor of the event in advertising pre, during and post event ✓ Logo placement on event website ✓ Web link to your company website ✓ VIP seating for four guests and $100 in gift certificates ✓ Recognition as Event Sponsor during evening ✓ Opportunity to introduce opening band SILVER SPONSOR $1,000 ✓ Recognition as Event Sponsor on signage during and post event ✓ Logo placement on event website ✓ VIP seating for four guests and $75 in gift certificates ✓ Web link to your company website BRONZE SPONSOR $500 ✓ Recognition as Event Sponsor on signage during and post event ✓ Logo placement on event website SUPPORTING SPONSOR $250 ✓ Logo placement on event website .. Thank you for your contribution to the 2013 Saint John and Surrounding Area New Year's Eve Celebrations, and the continued development of our community. Please indicate your level of sponsorship: ❑ PRESENTING SPONSOR $3,000.00 ❑ GOLD SPONSOR $1,500.00 ❑ SILVER SPONSOR $1,000.00 ❑ BRONZE SPONSOR $500.00 ❑ SUPPORTING SPONSOR $250.00 ❑ OTHER /INKIND Please make cheques payable to: The Hardman Group Limited One Market Square Saint John, NB E21, 4Z6 Please forward this form via fax to (506) 658 -3605 or mail to the above address with your payment. Please call (506) 658 -3600 with any questions or concerns and to get more information about the celebrations. Once again, thank you for your contribution! Please indicate contact information below: Business Name: Contact Name: Mailing Address: Email: Phone: 67 Westfield Road Safety: Requests for 2014 Budget J I It v: u ,. '71" �F n accordance with Mayor Nor- ton's request, the River Road Community Alliance (RRCA) is ap- proaching you in writing this year to ask you to continue the reconstruc- tion of the Westfield Road. We will provide some brief background de- tails in order to clarify our current request. The River Road Community Alliance was incorporated in 1997 as a not -for -profit community service organization. It is dedicat- ed to the protection of the environment and the en- hancement of the quality of life in the River Road ar- ea, from South Bay through Martinon. Our purpose is to provide —on an ongoing basis —a means through which peo- ple in our community can �• 4 collectively organize, voice their concerns, and take action on issues that affect their health and quality of life. Ever since some initial meet- ings with members of the Common Council in the summer of 2007, a special collaborative relationship of mutual concern and respect has de- veloped between the RRCA, City Staff, and the Saint John Common Council. ,' „, 4-A SUA PASSA COMMUNITY 'wo, hen we appeared before Council in the fall of 2007, we asked for safe passage through our Community for pedestrians, bicycles, and mo- tor vehicles and for Community involvement in theplanning and decision- making process. Council responded positively to our requests. Funds were allocat- ed for `investigation, preliminary design report, public consulta- tions, and development of a plan for rehabilitation and improve- ments to Westfield Road, includ- ing design services.' The con- tract for a preliminary design of the Westfield Road was awarded to Terrain Engineering, now Genivar. HRQ,IJGH OUR In 2oo8, the preliminary design of the whole Westfield Road was completed. Numerous meetings were held between the RRCA Executive and City Staff. The RRCA provided in- put from the community, and the city sponsored Communi- ty meetings about the road. Council voted on May 25, 2009 to approve Staff's recom- mendations and to proceed with Westfield Road recon- struction in phases. Each year a section of the road would be reconstructed, and each year a detailed design of another section would be completed, in order to make that section `shovel ready' for the next construction sea- son. A detailed design of the first phase, from Acamac Backland Road to Westfield Road Civic #2300, was also completed by Terrain in 2009. COMPLETE THE F�"�� 20,0 n 2o10 reconstruction of the road be- gan. Here you can see a before and after } picture, from Ketepec Road looking down' the hill and past the Marina. In 2011, work continued on the reconstruc- tion of another section of the road that was part of the 2oog detailed design. This work included a dangerous area locally known as Suicide Corner, as seen here in before and after pictures. We have consistently agreed with Terrain Engineers and City Staff that the recon- struction of Westfield Road should pro- ceed in the most economical way possible. That means moving out from the area that has been constructed rather than con- structing isolated sections of roadway. We respectfully request that funds be allocated in the current budget for Aw Film HASE� of gne� l completion of Designed rebuilding the remaining section of the road that has already received a detailed designs - from zzoo to 23o0 `� R Westfield Road, a short stretch of ap- proximatelY300 meters, which is `shovel ready.' Sections: y 1\ KEEP MOVING IN THE RIGHT DIRECTION j elow is a view of the section we are re- questing for reconstruction in 2014, as seen from the opposite direction. As we can see, there are serious safety con- cerns both for pedestrians and vehicles in this portion of the road. In addition, this small stretch of road has often been identi- fied by bicyclers as almost impossible to navigate safely. Furthermore, we request funds in 2014 for completion of a detailed design of another section of the road, to be determined by Staff and Council through cooperative dia- logue with RRCA representatives. We respectfully request that a Phased Plan to Design and Reconstruct the Westfield Road be continued and that the River Road Community Alliance continue to be `at the table'. Although the serious budget con- straints of the past two years have created a Detailed Design Another Section pause in this project, reviving the work and restarting the forward momentum will en- ergize the residents of our community. Widening the road and building sidewalks and bike paths will also promote Active Transportation and healthy living. The Westfield Road, which winds along the St. John River through this beautiful area of ap- proximately i000 homes, is a proposed route for the Trans Canada Trail, connecting the Town of Grand Bay - Westfield to the City of Saint John. Ak � Y Qil� e look forward to maintaining the positive collaborative rela- tionship we have formed with the city as we move forward, step by step, to enhance the quality of life in this community within the City of Saint John. As we continue this system of annual recon- struction and annual design, we will efficiently build on previous ex- penditures of money, time and effort. Sincerely yours, Jim Stubbs Chair, River Road Community Alliance River Road Community Alliance www.rrcaonline.ca i �l40 P The City of saint John November 6, 2013 His Worship Mayor Norton And Councillors Your Worship and Councillors SUBJECT: Proposed Municipal Plan Amendment -r 1006 Latimore Lake Road A Public Presentation was made on October 7th, 2013 of a proposed amendment to the Municipal Development Plan which would redesignate on Schedule A of the Plan, from Rural Resource Area and Park and Natural Area to Stable Area, a parcel of land with an area of approximately 89 hectares, located at 1006 Latimore Lake Road, also identified as being PID Number 0043367 and would redesignate on Schedule B of the Plan, the same parcel of land, from Rural Resource and Park and Natural Area to Rural Residential. The required advertising has been completed, and attached you will find a copy of the public notice, and any letters of opposition or support received. If Council wishes, it may choose to refer the matter to the Planning Advisory Committee for a report and recommendation and authorize the necessary advertising with a Public Hearing to be held on Monday, December 23, 2013 in the Council Chamber at 6:30 pm, or not to proceed with the proposed amendment process and adopt a resolution to deny the application. Respectfully su itted, Jonathan ylor Common Clerk Attachment 4f# MINT JOHN P.O. Fox 1971 &lint john, NB Canaria LA. Al I wn Vsii11tj0hn.C.4 I C.P. 1971 �aumItAin, N.4,1- Canada UL4ul 7 Advertiser Name: Saint Jahn Common Clerk Advertiser Code: 571206 Size: 4.00 x 13.00 in. Sales Rep: Doug Thomson PROPOSED MUNICI;PA! PLAN AMENDMFJYr RE: 1006 LATIMORE LAKE ROAD 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, a parcel of land with an area of approximately 89 hectares, located at 1 006 Latimore Lake Road, also identified as P)D No. 00433367, from Kara! Resource Area and Pork and NaItaral Area, to Stable Area, as illustrated below; 2. Redesignate, on Schedule B of the Plan, the same parcel of land, from Rural Aesaurre and Pork and Notand L Area to Rural Residential. public presentation o of the proposed amendment will take place at a regular meeting of Common Council on Monday. October 7, 2013 in the Council Chamber, lobby Level, City Hall. REASON FOR CHANGE: To permit a rural residential subdivision. Written objections to the proposed amendment may be made to the Council, in care of the undersigned, by November 6, 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, inclusive, holidays excepted. If you require French services for a Common Council meeting, please contact the office of the Common Clerk. Jonathan Taylor, Common Clerk 658 -2862 PROJET DE MODIRCATION DU PLAN MUNICIPAL OBJET :1004 CHEMIN LATIMORE LAKE Par les prOsentes, on avis public est donn6 par lequel le mnseil communal de The City of Saint John a !'intention d'etudier la modification du plan d'am4nagement municipal corn me suit ; 1_ Modifier la designation, A I'annexe A du plan, d'une parce8e de terrain dune superticie denviron 89 hectares, situee au 1006, chernin Latimore Lake, et portent le NID 0043367, afin de la faire passer de sedear de ressoarres rurrdes of serewr pare et olre naturafle a sectear stable, comme it est indiqui ci- dessous. 2. Modifier la designation, A i'annexe B du plan, de la parcelle de terrain precitee, afin de la faire passer de sectaur de ressoarres rorales et wrier Pam et ake natowk a sectear r6identmi rural. Une pr6sentation publique du projet de modification aura lieu lors de la reunion ordinaire du mnseil communal le lundi 7 actabrc 2013 dans la sage du conseil, au niveau du hall d'entr6e, a I'h6tel de ville. RAISON DE LA MODIFICATION: Permettre on lotissement residentid rural. Veuillez faire part au conseil par ecrit de vos objections au projet de modification au plus tard le 6 novertsbre 2013 a Nattention du soussigne. Pour toute demande de renseignements, veuillez communiquer avec le bureau du greffier communal ou le bureau de I'urbanisme et du d&eloppement i 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 jours fed €s. Si vous avez besoin des services en fran�ais pour one reunion de Conseil Communal, veuillez contacter le bureau du greffier communal. Jonathan Taylor, greffier communal 658.1RF2 Ad Number: A99511 Ad ID: 6902625 Current Date: Sep 20 2013 09:17AM Start Date: 9/24/2013 End Date: 9/24/2013 Color: 8,W Client Approval OK ❑ 75 Corrections p REPORT TO COMMON COUNCIL M &C2013 -243 November S, 2013 His Worship Mayor Mel Norton And Members of Common Council Your Worship and Members of Council, SUBJECT: 2012 — 2013 Winter Management Plan Review and Update BACKGROUND The City of saint John In October 2012, Council endorsed the Winter Management Plan for Streets and Sidewalks become a Best Management Plan rather than a policy of Council (M & C 2012 -273). At its February 1, 2012 meeting, Common Council adopted policy directions as part of the 2012 General Fund Operating Budget, namely; "Snow -ban 30 month moratorium on any changes or adjustments — each one off adjustment compromises efficiency and effectiveness of snow operations, benefits only a few residents and increases costs for all taxpayers ". ANALYSIS The Winter Management Plan is subject to ongoing review; encouraging ideas and suggestions, and allowing staff to work with citizens to assist in dealing with particular challenges over the winter season. This report is a review of the 2012 — 2013 winter season with recommendations for improvement of the Plan. A number of improvements to the Plan have been made throughout the winter season to address mainly safety and Winter Street Parking Restrictions concerns. Below is a summary of the improvements. A more detailed analysis is enclosed in Appendix A. * A comprehensive Communications Plan has been developed for the 2013 — 2014 winter season to remind the public of Winter Management Plan provisions and responsibilities related thereto. This Communications Plan is enclosed as Appendix B. SAINT JOHN... A LIVEARTE WINTER CITY 76 2012 -2013 Winter Management Plan Review and Update November 5, 2013 Report to Common Council, M & C 2013 - 243 Page 2 • The Winter Operations Centre Standard Operating Procedure was adjusted to reflect administrative changes to include Parks and Public Spaces managers who have been included in WOC responsibility. • Saint John Transit has made adjustments to their major and minor bus routes that will impact the current route plowing priority structure. Simmonds Street will be upgraded from Priority 4 to priority 3. Champlain Street from Prince Street to Duke Street West will become Priority 4 instead of Priority 3 and Champlain Street from Duke Street West to Charlotte Street West will be upgraded from Priority 4 to Priority 3. • There were no requests received to upgrade street plowing priorities during this winter. The City expects to service the One Mile House Interchange bridge decks and on & off ramps closest to Kane's Corner as an amendment under the Municipal Kilometrage Agreement with the NB Department of Transportation and Infrastructure. • The Roadway Winter Snow /lee primary Service Objectives were met 99% of the time and the secondary Service Objectives were met 9$% of the time. • The Sidewalk Winter Snow /Ice primary Service Objectives were met 93% of the time and the secondary Service Objectives were met 95% of the time. • Thirty seven requests to increase or change existing sidewalk plowing service from the public and Councillors were received and an analysis was completed. Changes to the sidewalk plowing service are outlined in Appendix A. • Staff has procured and is installing anti -icing (brine solution) application equipment at the East Depot on McAllister Drive and at the West Salt Facility on Bay Street. This initiative is an effort to achieve a 20% to 30% savings in salt each winter season. Monitoring success will be crucial to identifying future reductions in salt budgets. • One street or portions therof is being recommended to Council for removal from the Winter Streets Parking Restriction upon completion of a second analysis by the City Traffic Engineer. It was necessary to strike a better balance to meet operational needs and citizen concerns on Woodville Road. • The Saint John Parking Commission added a new on -line parking space matching service in 2011 that assists in connecting property owners with off street parking SAINT JOHN ... A I-IVEABLE WINTER CITY 77 2012 -2013 Winter Management Plan Review and Update Report to Common Council, M & C 2013 - 243 November 5, 2013 Rage 3 needs to those with off street parking availability. This new initiative can be accessed at www.shareyourride.ca. No citizens participated in this program. in 2012 - 2013. The Parking Commission is expected to increase communication about this program and update the web site to enhance the user experience. + Fourteen winter drainage issues have been identified and are being addressed through both the General Fund Capital Program and the Operating Budget. Six of these major drainage projects have been completed during the 2013 construction season. + Over 475 potholes were repaired between December 2012 and April 2013. Some potholes required numerous repairs. + In 2011, A Preventative Maintenance Program was developed to identify roadway structures (catch basins and manholes) that require repairs prior to the next winter season to minimize plow equipment damage. In 2011, 617 structures exhibited some type of failure. Utilizing existing resources to date, 197 permanent repairs were completed through the asphalt resurfacing and localized repair programs (158), the Capital Program (3 9) and over 260 temporary repairs (asphalt collaring) were done until permanent repairs can occur. 160 structures still require repairs. RECOMMENDATION Staff recommends that Common Council receive and file this report. Respectfully submitted, . Kevin Rice, B.Sc., CET Deputy Commissioner Transportation and Environment Service V�m.ards, P. E g. Edw J. Patrick Woods, CGA Commissioner City Manager Transportation and Environment Service SAINT f OHN ... A LIVEABLE WINTER CITY 0 60-1 APPENDIX "A" 2012 -2013 WINTER MANAGEMENT PLAN DETAILED ANALYSIS SAINT JOHN Part 1: Engaging the Public Communication with the public is an essential part of managing public expectations regarding how winter operations are managed. Such communication included; • Vehicle flyers were distributed throughout Saint John neighbourhoods between November 19, 2012 and March 1, 2013 by the Parking Commission and by City personnel between November 5 and November 28, 2012 as notification to citizens that they were illegally parked. • The updated 2013 - 2014 Winter Management Plan including updated maps for all street plowing priorities and streets excluded from the Winter Street Parking Restrictions were translated and placed on the City website. • There were several local radio, television media and newsprint interviews given throughout the winter. Advertisements were placed with the local radio and print media. 10 media advisories were issued by the City and 4 directly to the media outlets when necessary to inform residents of additional snow clearing / cutting, etc. • New information and reminders regarding winter operations that were posted in the news section of the City website also were distributed through the City's notification system for citizens that have signed up to receive such information, Twitter and posted on the City Facebook page. • 462 citizen calls in the 2011 -2012 winter season were dealt with by Service Support representatives on a daily basis during the winter season. This does not include calls received during a storm as there is little time to track them. • No copies of the "By -law Relating to the Public Streets in the City of Saint John and to Prevent Certain Nuisances in the Said City" were hand delivered by City of Saint John By -law Officers where violations were observed placing snow and / or ice onto City streets and sidewalks, as a courtesy warning. Part 2: Coordination of Winter Operations The Winter Operations Centre (WOC) was established to provide coordination of service activities and liaise with the public during storm events. The WOC was activated on 1 occasion; December 30, 2012. In other situations (December 10, 19, 27, 2012 and January 16, 19, February 3, 9, 11, 17 and March 1, 20, 2013), the Operations Mangers directed NOVEMBER 2013 SAINTJOHN ...A LIVEABLE WINTER CITY PAGE A -1 79 60-1 APPENDIX "A" 2012 -2013 WINTER MANAGEMENT PLAN DETAILED ANALYSIS SAINT JOHN operations based on a comparatively low Storm Severity Index (SSI) and an appropriate level of resources. Media advisories were issued by Saint John Communications to indicate the WOC was operational. The annual review of the WOC Standard Operating Procedure (SOP) was completed by Managers in September 2013. Changes to the SOP include administrative changes to include Parks and Public Spaces managers who have been included in WOC responsibility. Part 3: Street Plowing The purpose of street plowing is to maintain safe passage and the usability of public streets during and after adverse weather conditions. City streets were organized into 31 winter plow routes for servicing. Operators follow the structure of priorities for all City streets as detailed within the Plan. The City of Saint John currently services approximately 752.5 centre -line kms of municipal streets. The % of kms serviced to the service level objective @ storm severity index was; % kms Serviced to Objective Date SSI 1 II December 10, 2012 26 100 100 December 19, 2012 EC info. Not available 100 100 December 27, 2012 51 100 100 December 30, 2012 59 90 85 January 16, 2013 23 100 100 January 19, 2013 23 100 100 February 3, 2013 42 100 100 February 9, 2013 63 100 100 February 11, 2013 25 100 100 February 17, 2013 68 98 90 March 1, 2013 17 100 100 March 20, 2013 35 100 100 Table 1: 2012 — 2013 Street Plowing Service Objectives Columns I and II represent the 2 service objectives for each street priority listed in the Winter Management Plan. The primary Service Objectives were met 99% of the time and the secondary Service Objectives were met 98% of the time. Equipment availability along with the SSI are critical factors to achieving Service Objectives. In some situations, the Objectives may not be measured accurately since another storm event started before the Objective could be achieved. NOVEMBER 2013 SAINTJOHN ...A LIVEABLE WINTER CITY PAGE A -2 80 60-1 APPENDIX "A" 2012 -2013 WINTER MANAGEMENT PLAN DETAILED ANALYSIS SAINT JOHN While the SSI values were not the highest for December 27 and 30, there was a near record snowfall since 1939 with an amount of 52.8 cm that created difficult plowing conditions due to the proximity of storms. Crews struggled with equipment availability, block plowing techniques (training opportunity), placement of snow onto the sidewalks from the roads, fire hydrant locations, spreader units following the street priority plowing structure rather than their dedicated salt / sand routes, maintaining spreader consistency between day and night shift and switching over between shifts. In addition to the severity of conditions, the Winter Parking Ban contributed to reducing the opportunity for incidents with parked vehicles during snow clearing operations. Snow plow Operators and Supervisors expressed how well streets could be maintained when there were no parked vehicles to hamper operations. The number of insurance claims since 2008 between January 1 and May 20 each winter are outlined in Table 2 below; Year 2008 2009 2010 2011 2012 Number of claims 78 123 58 73 30 Cost ($) of claims $7,924 $32,482 $7,202 $12,512 $4,944 Table 2: Street Plowing Insurance claims - S Year History The 5 year average to March 2013 is 72 claims at a cost of $13,013 By decreasing the number of times a unit is required to return to complete street plowing operations (greater efficiency) significantly lowers overtime costs, reduces wear and tear on equipment, increases the ability to schedule personnel effectively and improves the quality of plowing. Saint John Transit has made adjustments to their major and minor bus routes that will impact the current route plowing priority structure. Simmonds Street will be upgraded from Priority 4 to priority 3. Champlain Street from Prince Street to Duke Street West will become Priority 4 instead of Priority 3 and Champlain Street from Duke Street West to Charlotte Street West will be upgraded from Priority 4 to Priority 3. There were no requests received to upgrade street plowing priorities during this winter. The City expects to service the One Mile House Interchange bridge decks and on & off ramps closest to Kane's Corner as an amendment under the Municipal Kilometrage Agreement with the NB Department of Transportation and Infrastructure. NOVEMBER 2013 SAINTJOHN ...A LIVEABLE WINTER CITY PAGE A -3 81 60-1 APPENDIX "A" 2012 -2013 WINTER MANAGEMENT PLAN DETAILED ANALYSIS SAINT JOHN Part 4: Winter Sidewalks The purpose of sidewalk plowing is to maintain safe pedestrian access and usability of designated sidewalks throughout the winter season. The City's sidewalks are organized into 14 winter plow routes for servicing. Operators followed the structure of priorities for all City sidewalks as detailed within the Plan. The City of Saint John currently services approximately 240.69 kilometres or 60.8% of the City's sidewalk inventory. The % of kms serviced to the service level objective @ storm severity index was; % kms Serviced to Objective Date SSI I lI December 10, 2012 26 100 100 December 19, 2012 EC info. Not available 100 100 December 27, 2012 51 90 N/A due to next storm December 30, 2012 59 60 70 January 16, 2013 23 100 100 January 19, 2013 23 100 100 February 3, 2013 42 100 100 February 9, 2013 63 85 N/A due to next storm February 11, 2013 25 100 85 February 17, 2013 68 85 95 March 1, 2013 17 95 100 March 20, 2013 35 100 100 Table 3: 2012 — 2103 Sidewalk Plowing Service Objectives Columns I and II represent the 2 service objectives for each street priority listed in the Winter Management Plan. The primary Service Objectives were met 93% of the time and the secondary Service Objectives were met 95% of the time. Reasons for not meeting the Service Objectives include reduced equipment availability and additional snow being deposited on sidewalks from street plowing. Thirty seven requests from the public to service additional sidewalks (of the 39.2% not serviced) were received during the 2011 — 2012 and 2012 -2013 seasons. 7 additional requests were received for sidewalks already serviced but were not completed within the time frame expected by the citizen. If any sidewalk services are increased as a result of a valid request, a corresponding length of existing serviced sidewalks must be reduced in an effort to achieve the service objectives. NOVEMBER 2013 SAINTJOHN ...A LIVEABLE WINTER CITY PAGE A-4 82 64).1 APPENDIX "A" 2012 -2013 WINTER MANAGEMENT PLAN DETAILED ANALYSIS SAINT JOHN Recommending sidewalks to no longer service, even with adding other sidewalks to be serviced in their place, was not an easy task. Staff re- affirmed criteria used in recommending which citizen - requested sidewalks should be added to the service list, which requests should not be implemented, and the sidewalks that should be removed from the list to account for the added inventory. The following criteria were used to recommend which sidewalks should be serviced: • Higher pedestrian volumes are anticipated, triggered by presence of retail areas or Saint John Transit routes • Continuity of a pedestrian system is maintained • Sun exposure aids in melting of snow and ice • Efficiency of servicing by the sidewalk plowing equipment • Higher vehicle volumes or speeds The following table describes the evaluation of each citizen request against these criteria, including recommendations of sidewalks to be serviced starting in the 2013 -2014 season and those requests that are recommended to be denied. Sidewalk Length of Staff Rationale for Priority Requested to Requested Recommendation Recommendation be Serviced Sidewalk Peel Plaza, - Approve Busy pedestrian area. 1 Union Street to Sidewalks on streets Carleton Street, replaced by Peel Plaza Both Sides were serviced previously. Charlotte - Approve Provides access to Key Street, Duke Industries, which is a Street to Queen learning centre similar to Street (request a school. to increase priority only) Second Street, 110m Approve Reasoning provided is 4 Cranston the Transit bus runs Avenue to along even side of street. Cedar Grove Crescent, even side Champlain 300 in Approve This street is now on a 2 Street, even Transit bus route. side NOVEMBER 2013 SAINTJOHN ...A LIVEABLE WINTER CITY PAGE A -S 83 60-1 APPENDIX "A" 2012 -2013 WINTER MANAGEMENT PLAN DETAILED ANALYSIS SAINT JOHN Churchill 700 m Approve This is a busy sidewalk 3 Boulevard, and street. The from Visart to sidewalks on this street Somerset, even will also provide access side to the new YMCA when constructed. SUBTOTAL: 1110 m Burpee Avenue - Deny Reasoning provided and Rockland from citizen is presence Road (request of a daycare in the area. to increase Daycares can exist in priority from 4 many areas of the City. only) Such facilities are not considered in priority system. Highmeadow - Deny Reasoning provided - Drive, from citizen is presence Silverstone of a school bus stop, Street to which would be the case Highmeadow on many serviced and Drive un- serviced sidewalks. A lot of other sidewalks in this subdivision not serviced either. Would need to add many sidewalks if justification made to add this section. Germain Street, - Deny Reasoning provided - Broad Street to from citizen is presence Duke Street of near -by parking lot, (request to church and Heritage increase area. None of these uses priority from 4 fit into priorities 1 -3. A only) lot of other sidewalks in this area are also priorities 3 or 4. The grid system of this area of city provides several alternatives for pedestrian access. Scotiaview - Deny Reasoning provided - Drive from citizen is children walking to a bus stop NOVEMBER 2013 SAINTJOHN ...A LIVEABLE WINTER CITY PAGE A -6 84 60-1 APPENDIX "A" 2012 -2013 WINTER MANAGEMENT PLAN DETAILED ANALYSIS SAINT JOHN NOVEMBER 2013 SAINTJOHN ...A LIVEABLE WINTER CITY PAGE A -7 85 and use of sidewalks by elderly pedestrians, which would be the case on many serviced and un- serviced sidewalks. Low volume street. Other sidewalks in subdivision are not serviced. Other connecting busier streets such as Manchester and Manawagonish Road receive sidewalk plowing service. Lansdowne - Deny No specific reasons - Avenue, Visart provided by requesting Street to citizen other than other Puglsey sidewalks in area are Avenue plowed. Other sidewalks such as those on Visart and Beaverbrook are plowed creating a continuous route in area. Prince Street, - Deny Reasoning provided - Algonquin to from citizen is presence Carleton, odd of a school bus stop, side which would be the case on many serviced and un- serviced sidewalks. Even side of this street already serviced in this area. Kennedy Street - Deny Several reasons provided by citizen including presence of two businesses, an apartment building and intermittent loss of mail delivery due to slippery sidewalk. This is a low volume, dead end street and these reasons would be the same on many un- serviced sidewalks. NOVEMBER 2013 SAINTJOHN ...A LIVEABLE WINTER CITY PAGE A -7 85 60-1 APPENDIX "A" 2012 -2013 WINTER MANAGEMENT PLAN DETAILED ANALYSIS SAINT JOHN Elmore - Deny Reasoning provided - Crescent from citizen is this sidewalk is on a steep hill. This is a low volume street. Argyle and Dunn are close -by sidewalks that are plowed. Saint John does contain many hills. Bon Accord - Deny Reasoning provided - Drive from citizen is children walking to a bus stop, which would be the case on many serviced and un- serviced sidewalks. This is a low volume street. David Street - Deny Reasoning provided from citizen is children walking to school, which would be the case on many serviced and un- serviced sidewalks, and the fact this street is on a Transit bus route. Lakeview and McNamara are near -by sidewalks that are serviced. Although on a Transit route, this is not considered a major stop. There is no sidewalk on Bing or Wille to form a continuous route from David to McNamara. Walkway - Deny Reasoning provided - between from citizen is children Parkhill and walking to bus stop, Braemar which would be the case on many serviced and un- serviced sidewalks, and some pedestrians cutting through citizen's backyard. An NOVEMBER 2013 SAINTJOHN ...A LIVEABLE WINTER CITY PAGE A -8 86 60-1 APPENDIX "A" 2012 -2013 WINTER MANAGEMENT PLAN DETAILED ANALYSIS SAINT JOHN NOVEMBER 2013 SAINTJOHN ...A LIVEABLE WINTER CITY PAGE A-9 87 alternative route via Parkhill, Gerard and Westmorland are available. Charlotte Street - Deny Reasoning provided - West from citizen is that this is a city bus route. A sidewalk on one side of this street is already plowed. Boyaner - Deny No specific reasons - Crescent provided from citizen. This is a low volume street. Sidewalk on main street in neighbourhood (Heather Way) is serviced. Westmorland - Deny Reasoning provided - Road east of from citizen is children McAllister walking to bus stop, Drive, even which would be the case side on many serviced and un- serviced sidewalks. Other side of Westmorland (on the Forest Hills school side) is serviced. Marked crosswalks are provided to access serviced side. Summit Drive - Deny Reasoning provided from citizen is children walking to bus stop, which would be the case on many serviced and un- serviced sidewalks. Durham Street - Deny No specific reasons - provided from citizen. Already service sidewalk on one side of Durham. Low volume street. Several intersections are provided to access serviced side. NOVEMBER 2013 SAINTJOHN ...A LIVEABLE WINTER CITY PAGE A-9 87 64).1 APPENDIX "A" 2012 -2013 WINTER MANAGEMENT PLAN DETAILED ANALYSIS SAINT JOHN Ocean Court - Deny Reasoning provided from citizen is students walking on the road, which would be the case on many serviced and un- serviced sidewalks. This is a low volume street. The sidewalk on the connecting Centennial Drive is serviced, providing access to a Major Transit stop and the serviced sidewalk on Manawagonish Road. High Drive - Deny Reasoning provided from citizen is presence of a school bus stop, which would be the case on many serviced and un- serviced sidewalks. This is a low volume street. Near -by sidewalks on streets such as Eagle and Shillington are serviced, creating a route through neighbourhood. Dominion Park - Deny Reasoning provided - Road from citizen is the need for pedestrians to walk on the road, which would be the case on any un- serviced sidewalks. This is a lower volume street in the winter with the park closed. Approximately 1.5 KM of sidewalk would need to be added to the serviced list to approve this request. Mansfield - Deny Reasoning provided - Street from citizen is the need NOVEMBER 2013 SAINTJOHN ...A LIVEABLE WINTER CITY PAGE A- 10 88 60-1 APPENDIX "A" 2012 -2013 WINTER MANAGEMENT PLAN DETAILED ANALYSIS SAINT JOHN NOVEMBER 2013 SAINTJOHN ...A LIVEABLE WINTER CITY PAGE A -11 89 for children to walk on the road, which would be the case on any un- serviced sidewalks. This is a low volume street. The adjacent Fundy, Argyle and Dunn form a serviced route through this neighbourhood. McKiel Street Deny No specific reasons - provided from citizen. This is a low volume street. St. Paul Street - Deny Reasoning provided from citizen is the need for children to walk on the road, which would be the case on any un- serviced sidewalks. This is a low volume street. The adjacent Winter, Rockland and Burpee form a continuous serviced route in this neighbourhood. Reed Street - Deny No specific reasons - provided from citizen. This is a low volume street. The adjacent Donaldson and Millidge form a continuous serviced route in this neighbourhood. Spar Cove - Deny No specific reasons - Road, provided from citizen. A Belleview to continuous route could End of not be formed as the Sidewalk sidewalk ends at the end of Spar Cove. Pugsley - Deny Reasoning provided - Avenue from citizen is the sidewalk is used by many seniors, which would be the case on NOVEMBER 2013 SAINTJOHN ...A LIVEABLE WINTER CITY PAGE A -11 89 60-1 APPENDIX "A" 2012 -2013 WINTER MANAGEMENT PLAN DETAILED ANALYSIS SAINT JOHN NOVEMBER 2013 SAINTJOHN ...A LIVEABLE WINTER CITY PAGE A -12 90 many serviced and un- serviced sidewalks. Beaverbrook Avenue, which connects onto both ends of Puglsey is serviced. Taylor Avenue, - Deny Reasoning provided - even side from citizen is the sidewalk would be used by their child and two neighbours who have mobility challenges. The odd side of this street is already serviced, providing a continuous path to other sidewalks. This is a low volume street. Crosswalks are available to access serviced side. McAllister - Deny Reasoning provided - Drive, from citizen is Westmorland pedestrians need to walk Road to Loch on the road, which Lomond Road, would be the case on any even side un- serviced sidewalks. Sidewalk on odd side of the street is already serviced. This section of sidewalk was removed in the 2011 -2012 to begin servicing other sidewalks. Sea Street - Deny Reasoning provided from citizen is seniors need to walk on the road, which would be the case on any un- serviced sidewalks. This is a low volume street. Approximately 800 metres of sidewalk would need to be serviced to begin NOVEMBER 2013 SAINTJOHN ...A LIVEABLE WINTER CITY PAGE A -12 90 60-1 APPENDIX "A" 2012 -2013 WINTER MANAGEMENT PLAN DETAILED ANALYSIS SAINT JOHN NOVEMBER 2013 SAINTJOHN ...A LIVEABLE WINTER CITY PAGE A -13 91 plowing this sidewalk. Pleasant Street - Deny No specific reasons - provided from citizen. This is a low volume street. The adjacent Beaconsfield, Whipple and Fundy form a continuous serviced route in this neighbourhood. Summer Street - Deny Reasoning provided - West from citizen is seniors need to walk on the road, which would be the case on any un- serviced sidewalks. This is a low volume street. The adjacent Beaconsfield, Whipple and Fundy form a continuous serviced route in this neighbourhood. Bleury Street, - Deny Reasoning provided - Sherbrooke to from citizen is the Simms, even sidewalk would be used side by their child who has mobility challenges. Odd side already serviced forming a continuous route to Fairville Boulevard. Queen Street - Deny No specific reasons - West, Ludlow provided from citizen. Street to Low volume street. Victoria Street Next section from W Ludlow to Watson forms a continuous route to Queen Square West from Ludlow. Sidewalks to be Length of Rationale for Removed from Sidewalk Recommendation Serviced List Second Street, 110m Offsets added even side Cranston of this street. NOVEMBER 2013 SAINTJOHN ...A LIVEABLE WINTER CITY PAGE A -13 91 60-1 APPENDIX "A" 2012 -2013 WINTER MANAGEMENT PLAN DETAILED ANALYSIS SAINT JOHN Avenue to Cedar Grove Crescent, odd side City Line, 60 in Low volume street. Lowell Street Offsets part of addition to Dead End, of Champlain Street even side sidewalk servicing. Lowell Street, 140 In Low volume street. Rink entrance Alternative route through on this street to rink parking lot. Offsets rink entrance part of addition of on Woodville, Champlain Street odd side sidewalk servicing. St. John Street, 240 in Even side to remain Market Place to serviced. Offsets part of Albert Street, addition of Champlain odd side Street and Churchill Boulevard sidewalk servicing. St. James Street 60 in Even side to remain West, City Line serviced. Offsets part of to Lancaster addition of Churchill Street, odd Boulevard sidewalk side. servicing. St. James Street 120 in Even side to remain West, Watson serviced. Offsets part of Street to addition of Churchill Ludlow Street, Boulevard sidewalk odd side. servicing. St. James Street 250 m Low volume street West, Ludlow section. Offsets part of Street to addition of Churchill Victoria Street Boulevard sidewalk West, both servicing. sides SUBTOTAL: 980 in Sidewalk trip and fall claims are common in the winter due to icy conditions. It is common for daily thaw / freeze cycles to create icy conditions on sidewalks that can have negative NOVEMBER 2013 SAINTJOHN ...A LIVEABLE WINTER CITY PAGE A -14 92 60-1 APPENDIX "A" 2012 -2013 WINTER MANAGEMENT PLAN DETAILED ANALYSIS SAINT JOHN impacts for pedestrians. The City is responsible to meet the Service Objectives but also be as diligent as possible utilizing existing resources. Year 2008 2009 2010 2011 2012 # of trip and fall claims 8 9 10 13 15 Cost of insurance claims $24,600 $1,400 $15,700 $86,534 $28,782 Table 4: Sidewalk Insurance claims - S Year History The 5 year average is 11 claims at a cost of $31,403. Part 5: Snow and Ice Removal A comprehensive review and update of the City of Saint John Contingency Plan for an Overnight Parking Ban in the South Central Peninsula was completed on November 23, 2009. This Contingency Plan is an additional resource to the Winter Management Plan. Snow removal operations are necessary to improve sight lines at intersections and allow for enhanced winter traffic and pedestrian passage on more urban narrow streets in the South Central Peninsula, Lower West side and Old North End. Each subsequent snowfall will lead to narrowing of streets due to the volume of snow accumulating near the curb from street plowing operations. The snow is `pushed back' as far as it can go after each storm ends to make room for the next snow event. Snow removal operations information is presented as follows; Year 2009 -10 2010 -11 2011 -12 2012 -13 2013 -14 Total snowfall (cros) 151.9 232.3 162.5 157.1 Number of loads 3695 4845 0 1342 Cost ($) / load $55.49 $75.50 $0.00 $65.08 Table S: Snow Removal CostAnalysis - 5 Year History There were 4 snow bans called and major snow removal operations for days leading up to and afterwards. In general, there are three major issues that are an impediment to greater efficiencies. • First, the type of snow in some situations can be very wet and heavy making it more difficult for snow blowers to remove. This type of snow plugs up blower chutes resulting in manual labour and time to remove. In this situation, snow removal operations take longer to complete requiring additional resources increasing the cost / load. NOVEMBER 2013 SAINTJOHN ...A LIVEABLE WINTER CITY PAGE A -15 93 60-1 APPENDIX "A" 2012 -2013 WINTER MANAGEMENT PLAN DETAILED ANALYSIS SAINT JOHN • Second, blower equipment availability can be an issue related to mechanical issues, some of which can be related to the wet, heavy snow. When the blower equipment is unavailable, much slower equipment such as loaders are utilized. With using loaders, more operator or contractor labour is required and productivity is cut by nearly 50 %. • Third, the location of the Snow Disposal Facility (Snow Dump) is far from ideal. A round trip from the South Central Peninsula to the current location on Bayside Drive is approximately 12kms with an ideal round trip time of 30 minutes for travel and dumping. This time increases significantly for West Side operations. Part 6: Salt Management During the 2012 -2013 winter season, approximately 9,000 metric tonnes of salt and 3,500 metric tonnes of abrasive sand for the salt /sand mixture were utilized with an inventory of approximately 4,000 metric tonnes of salt and 500 metric tonnes of abrasive sand available for the 2013 -2014 winter season. The total storage capacity for salt is 14,000 tonnes and salt /sand mix is 7,500 tonnes. Based on available funding in September 2013, 5,000 of 5,000 metric tonnes will be stored at the McAllister Drive facility and 7,000 of 9,000 metric tonnes will be stored at the Bay Street facility prior to the upcoming winter season. Year 2009 -10 2010 -11 2011 -12 2012 -13 2013 -14 Salt used (tonnes) 12,506 14,909 12,000 9,000 Post season Salt Inventory 4,000 500 2,000 4,000 Salt Cost ($) $1,118,587 $987,290 $814,588 $622,732 Sand used (tonnes) 2,000 4,500 4,000 3,500 Post season Sand Inventory 5,000 2,500 4,000 500 Table 6: Salt and sand use - 5 Year History Due to the high cost of salt in recent years resulting from high usage; and concern for the environment and private wells, a strategy was developed and implemented to reduce salt usage by applying a salt /sand mixture in the rural areas of Saint John; areas that do not generally require intensive street sweeping or storm sewer catch basin cleaning services in the spring. Two automated brine making systems have been procured and installed at the McAllister Drive and Bay Street facilities. 10 of 17 spreader units are currently capable of storing brine to pre -wet the rock salt to activate it prior to application to the road surface. As older equipment is replaced, new equipment will have pre- wetting capabilities installed prior to delivery. Liquid brine has been proven to prevent snow and ice accumulation, achieve bare NOVEMBER 2013 SAINTJOHN ...A LIVEABLE WINTER CITY PAGE A -16 94 64).1 APPENDIX "A" 2012 -2013 WINTER MANAGEMENT PLAN DETAILED ANALYSIS SAINT JOHN roads faster, keep salt /sand on the road reducing bounce and scatter to reduce rock salt costs by 20% to 30 %. Liquid brine can prevent snow from accumulating on roads for longer periods of time thereby reducing the need for continued salt application and overtime costs. Liquid brine can also be applied at lower temperatures than rock salt resulting in better road conditions and less sand to remove from roads in the spring. Part 7: Maintaining Street Rii!ht of Way The purpose of this section is to ensure availability of the right -of -way for safe and efficient movement of pedestrians and vehicles. Policies and By -law provisions for traffic, on- street parking and street or sidewalk obstructions are designed to enhance the effectiveness of the service delivery and to help control service costs. At its February 1, 2012 meeting, Common Council adopted policy directions as part of the 2012 General Fund Operating Budget, namely; "Snow -ban — 30 month moratorium on any changes or adjustments — each one off adjustment compromises efficiency and effectiveness of snow operations, benefits only a few residents and increases costs for all taxpayers ". At its February 13, 2013 meeting, Common Council directed staff to review the currently exempted section of Woodville Road between Chapel Street and City Line. Staff will report back to Council with a recommendation prior to December 1, 2013. At its June 10, 2013 meeting, Common Council endorsed Option 4 within M &C2013 -116: Douglas Avenue On- Street Parking which included exempting Douglas Avenue between Brunswick Place and Bentley Street from the Winter On- Street Parking Restrictions. The Saint John Parking Commission added a new on -line parking space matching service in 2011 that assists in connecting property owners with off street parking needs to those with off street parking availability. This new initiative can be accessed at www.shareyourride.ca. No citizens participated in this program in 2012 - 2013. The Parking Commission is expected to increase communication about this program and update the web site to enhance the user experience. Mark Chisholm was appointed by Council in October 2013 as a By -law Enforcement Officer with respect to the enforcement of "A Law Relating to the Public Streets in the City of Saint John and to Prevent Certain Nuisances in the Said City ". Part 8: Equipment Resources and Facilities NOVEMBER 2013 SAINTJOHN ...A LIVEABLE WINTER CITY PAGE A -17 95 60-1 APPENDIX "A" 2012 -2013 WINTER MANAGEMENT PLAN DETAILED ANALYSIS SAINT JOHN The current location of the Snow Collection and Disposal Facility on Bayside Drive is not ideal as it is located within an environmentally sensitive wetland. However, there are currently no other opportunities to operate such a facility in Saint John. City personnel will continue to address and mitigate environmental concerns regarding leachate quality, through environmental controls such as silt fencing, hay bales and land grading, and refuse on the ground once the snow melts. The City also works cooperatively with a local contractor to dispose of snow in a West Side location. Equipment availability prior to and during a storm event has no margin for error since there is no equipment redundancy. The Transportation and Environment Service works very closely with the Materials & Fleet Management Department to ensure a reliable fleet. During numerous storm events this past winter seasons, the level of response was limited for a period of time due to a number of pieces of equipment requiring repairs simultaneously. Post winter season inspections have been completed for all snow clearing and removal equipment and repairs are being scheduled in such a manner that this equipment is fully operational prior to November 2013. By completing these repairs in a coordinated manner, it reduces the opportunity for the frequency and severity of equipment failure making emergency repairs during storm events more manageable. Proper storage of equipment such as large snow blowers is important to preserve the integrity of fuel and hydraulic lines, bearings and seals that require costly annual replacement when left outside during the summer months. An Agreement has been made with SJ Transit to arrange for year round storage space. Based on available resources, 5 snow plow routes were identified without an available resource assigned to provide service. 2 snow plow routes; Plow Route 30: South Bay and Plow Route 31: Morna were successfully contracted. Two loaders were leased to plow 2 other routes and existing resources were utilized to service the 1 remaining route. Part 9: Winter Drainage Prior to November 2010, a number of major drainage points were identified by using paint on the middle of the road with an arrow pointing towards a catch basin and / or a mark on the curb located above the catch basin. This activity is ongoing each year. A record of weekly drainage inspections shows that 243 of 1937 (12.5 %) of the storm system catch basins inspected were cleared of debris, snow or ice. NOVEMBER 2013 SAINTJOHN ...A LIVEABLE WINTER CITY PAGE A -18 96 60-1 APPENDIX "A" 2012 -2013 WINTER MANAGEMENT PLAN DETAILED ANALYSIS SAINT JOHN There were approximately 14 winter drainage issues identified in the 2012 - 2013 winter season that lead to ice accumulation on roadways. These issues are in various stages of resolve, from investigation, survey completed, plan completed, design and ready for construction (none) and completion of work. Some work can be done relatively easily while other larger projects are included in the Transportation and Environment Service General Fund Capital Program. Other local drainage projects completed in 2013 that will impact winter drainage include 609 Golden Grove Road, Essex Drive @ Golden Grove Road, 742 Bay Street, Buckley Road @ Westfield Road, 45 Coldbrook Crescent and Loch Lomond Road @ Treadwell Drive. Part 10: Winter Asphalt Maintenance The purpose of Winter Asphalt Maintenance is to provide emergency repair of street defects and potholes to improve roadway safety and winter driveability. In 2010, Saint John Water became responsible for temporary repairs to utility service cuts. Year 2009 -10 2010 -11 2011 -12 2012 -13 2013 -14 Tech -Mix used (tonnes) 263.3 140.9 160.0 85.0 Cost ($) $40,811 $22,290 $23,161 $12,646 Potholes repaired 700 550 1300 475 Post winter inventory (tonnes) 0 0 4 0 Table 7: Winter Asphalt Maintenance 5 Year History There were occasions where City personnel were required to repair the same pothole numerous times, especially at the corner of Union and Smythe Streets. Tech -Mix (cold mix) is placed into the pothole and hand compacted. Vehicle tires, especially heavy commercial trucks and trailers, often have some of the Tech -Mix stick to their tires when traveling over the pothole. In 2013, a 4 tonne diesel asphalt recycler was procured and blocks of virgin asphalt have been stored for winter use. This unit will increase productivity since it has an automatic timer to ensure the asphalt is hot when personnel report to work instead of heating it in the field. This unit will also generate a more permanent pot hole repair while reducing the amount of return trips for more asphalt, reduce the requirement to repair the same pothole with cold mix numerous times due to washouts and freeze /thaw cycles and enhance safety by eliminating the requirement for propane tanks. In 2013 -2014, this unit will also be capable of temporarily reinstating SJ Water watermain break cuts, instead of using gravel fill, until more permanent repairs can be made in the spring. NOVEMBER 2013 SAINTJOHN ...A LIVEABLE WINTER CITY PAGE A -19 97 60-1 APPENDIX "A" 2012 -2013 WINTER MANAGEMENT PLAN DETAILED ANALYSIS SAINT JOHN In 2011, A Preventative Maintenance Program was developed to identify roadway structures (catch basins and manholes) that require repairs prior to the next winter season to minimize plow equipment damage. Please refer to Table 8 for historical information. Year 2011 2012 2013 2014 2015 Resurfacing and Localized Mtce. 37 36 85 Capital Budget 27 2 10 Temporary Repairs 120 90 50 Total Repairs Completed 184 128 145 Require Repairs 433 305 160 Table 8: Roadway Structure PM Program 5 Year History Part 11: Responsibilities and Reporting Reporting mechanisms have been developed to address the deliverables of the Winter Management Plan that include more detailed shift reports, Standard Operating Procedures, route completion tracking forms for street and sidewalk plowing, and snow removal activities. Benchmarking performance measures for each storm including salt use and overtime cost have been implemented in 2012 — 2013 and will be monitored for efficiencies. Part 12: Training and Plan Administration An information and training session will held with all Transportation and Environment Service Managers and Foremen responsible for activities within the Winter Management Plan in late November 2013. During this session, changes to the Winter Management Plan and planning for the upcoming winter season were discussed. Seventeen junior personnel received the formal winter course and tandem operation training in 2013. A number of junior personnel also received On The Job peer training by operating equipment under the supervision of experienced equipment operators. The current Transportation and Environment Service workforce has 37.5% of personnel with less than 5 years of experience leading to a steep learning curve and experience deficit. A Post winter season debriefing session was held in May 2013 to discuss the benefits and opportunities for improvement for each Part of the Winter Management Plan. • Examine plow routes as some are too long. The addition of the One Mile House Interchange will add to an already long route. NOVEMBER 2013 SAINTJOHN ...A LIVEABLE WINTER CITY PAGE A -20 98 60-1 APPENDIX "A" 2012 -2013 WINTER MANAGEMENT PLAN DETAILED ANALYSIS SAINT JOHN • Salt /Sand units must follow all streets on the route to ensure hills are addressed. Salt /Sander units have tended to follow the street sweeping priority structure which is not appropriate for this operation. • Street plows still plowing snow onto sidewalks creating inefficiencies and a reduced opportunity to meet the Sidewalk Plowing Service Objectives. • There is a requirement for the night shift and day shift Foremen to increase communication during a storm concerning roads that have or have not been plowed yet. • Due to the high % of new operators working in Sidewalk Plowing, there should be refresher training that is enhanced from the current training program. • Snow tires were not removed by May 1St which impacted summer operations. Work with Fleet to communicate the timelines to put snow tires on and take them off. • The asphalt recycler expects to use virgin asphalt and not Reclaimed Asphalt Pavement due to a requirement for binder and tack coat which is not readily available in the winter months. • Baseline measurements for salt use compared to SSI have been completed. This will be important once the brine systems are operational to demonstrate cost savings. • The ROADEO initiative did not receive any uptake. A request to surrounding municipalities will be made such that those operators that are interested can participate. NOVEMBER 2013 SAINTJOHN ...A LIVEABLE WINTER CITY PAGE A -21 99 t!0- APPENDIX "B" COMMUNICATIONS PLAN - WINTER MANAGEMENT PLAN 2013 SAINT IOHN Event Date: Parking Ban — December 1, 2013 to March 31, 2014. Prepared for: Transportation and Environment Services Background: The Winter Management Plan for Streets and Sidewalks seeks to keep the community functional through the months of winter; to coordinate preparations, organize resources and guide operational protocols for servicing the network of public streets and sidewalks under widely varying conditions. Its activities are vital to quality of life, commerce, and, most importantly, safety of the public. It is necessary for vehicles to remain off the streets during the winter parking ban period to allow for more efficient and effective snow clearing and removal operations, especially during more difficult winter seasons with higher severity storm events. The Plan contains seven guiding principles: 1. Public safety first ... public safety is always foremost 2. Manage the Plan ... plan winter operations; manage to the Plan 3. Evaluate ... understand conditions when deploying resources 4. Entire storm ... manage winter conditions over days and weeks 5. Consistency— strive to deliver expected service levels 5. Resources ... resource levels are set through budget allocations 7. Citizens ... property owners and others have obligations Audiences: 70,000 citizens and other pedestrians, commuters and motorists Public transit system and its users Emergency services —ambulance, fire, police Public institutions — schools, hospitals, university, colleges Neighbourhoods, community centres and arenas, transportation companies, utility agencies, commercial enterprises, schools, health care facilities and affiliate jurisdictions (NBDOT) Business groups Employees Politicians (Council, MLAs) NOVEMBER 2013 SAINTJOHN ... A UVEEAOBOLE WINTER CITY PAGE B -1 l�' _w APPENDIX "B" SAINT JOHN COMMUNICATIONS PLAN -WINTER MANAGEMENT PLAN 2013 NOVEMBER 2013 SAINTJOHN ... A LIVEABLE WINTER CITY PAGE B -2 101 Snow Removal contractors Visitors to the City Media Key ► Restricting overnight parking makes it safer to remove snow, while Messages: minimizing risk of damage to parked vehicles. ► City -wide parking restriction makes the roads safer by allowing roads to be cleared to the highest standard and makes the snow clearing and removal process much more efficient, appropriately using taxpayer dollars and eliminating the need for return ploughing operations and overtime. ►� Scheduled parking bans (i.e., limiting the ban to a certain night of the week on a particular street) would be cost prohibitive due to daily signage requirements, the necessity to schedule crews and /or radio and television advertising. This could create conflict if another storm event occurs during a scheduled parking ban. r In Saint John, complete push back and further snow removal can take place over a number of days after a storm ends depending on the severity of the storm event. In some cases, snow clearing and removal operations from one storm may not be completed when another storm event occurs. ► Winter Street Parking Restrictions are common in the majority of Municipalities across North America and vary in detail according to the needs of their community. NOVEMBER 2013 SAINTJOHN ... A LIVEABLE WINTER CITY PAGE B -2 101 APPENDIX B COMMUNICATIONS PLAN - WINTER MANAGEMENT PLAN 2013 SAINT JOHN NOVEMBEP 2013 SAINT JOHN ... A LIVEABLE WINTER CITY PAGE B -3 102 Activities leading up to parking ban Item Date Who Report to Mayor and Nov 2013 Deputy Commissioner, Transportation Council and Environment News releases /advisories — Nov 2013 Communications Service reminder to residents with insufficient off - street parking to make arrangements for the winter News release /advisories to Nov 2013 be posted on the website, sent through email notification, Twitter and Facebook Signage installation Fail 2013 City crews Notices to residents in alternate street parking areas Signs to be mounted at main City entrances Signs also to be mounted on streets affected by alternate side parking rules News release and November Communications Service backgrounder for 2013 media on parking bans Messaging of overall overnight NOVEMBEP 2013 SAINT JOHN ... A LIVEABLE WINTER CITY PAGE B -3 102 (a).. APPENDIX "B" 1v�N SAINT JOHN PLAN - WINTER MANAGEMENT PLAN 2013 NOVEMBER 2013 SAINT,JOHN ... A LIVEABLE WINTER CITY PAGE B -4 parking restriction must be different than that of South Central Peninsula snow ban to prevent confusion Ads for packer sides November Communications Service 2013 Update bumper stickers on City vehicles Informational radio ads November 2013 Informational ads for T1 November Communications Service and Here 2013 "Courtesy" parking tickets November Design and production: 2013 Communications Office Distribution: City Crews Winter Management Plan November Communications Service feature on homepage of 2013 saintjohn.ca Information notices (flyer November Production: Communications similar to the ones sent 2013 Service around last year with Distribution: City Crews updated information for the current version of the plan) for areas affected by alternate side parking (Schedule R) Kijiji ads for the vehicles November Communications Service section of the website will 2013 be purchased Country 94 /The Wave November Communications Service website banners 2013 NOVEMBER 2013 SAINT,JOHN ... A LIVEABLE WINTER CITY PAGE B -4 REPORT TO COMMON COUNCIL October 30, 2013 M &C2013 -240 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Council: SUBJECT: Woodville Road Overnight Winter Parking BACKGROUND MIMI The City of saint John At its February 11, 2013 meeting, Common Council resolved to "refer the current Winter Overnight Parking Restriction exemption on Woodville Road, between Chapel Street and City Line to the City Manager for a staff report which considers the merits of cancelling the currently imposed exemption." This report is staff's response to this resolution. Since 2009, parking on most City streets during the winter overnight period has been prohibited. This Winter Overnight Parking Restriction was initiated through an amendment to the City's Traffic By -Law. It is in effect midnight to 7 AM, December 1 to March 31. It improves snow clearing results and efficiency for the benefit of motorists travelling on City streets. Some sections of streets are exempt from the Restriction where the need for on- street parking outweighs the benefits of enhanced snow clearing. Schedule R in the Traffic By -Law lists these exempted streets. The north -west side of Woodville Road between Chapel Street and City Line is currently one of these exempted sections. ANALYSIS Staff asked residents of this section and some on adjacent sections of Woodville Road whether the need for overnight on- street parking through its exempted status still outweighs the opportunity for improved snow clearing. A total of 45 of the attached cover letter and survey were distributed. Six completed surveys were received, 13% of those distributed. The answers to questions 4 through 7 on the survey by each of the residents who responded are presented in the table below: 104 Question 4 Question 5 Question 6 Question 7 Survey 1 No - - - Survey 2 No - - Not allow parking Survey 3 No - - - Survey 4 No - - Not allow parking Survey 5 Yes One No Keep parking Survey 6 Yes One Yes Not allow parking 104 M &C2013 -240 October 30, 2013 Page 2 Four of the six residents who responded do not need to park any vehicles on the street. Only one of the two residents that use on- street parking could not find another location. This same resident is the only one who does not support removing on- street overnight parking. Comments provided in response to questions 8 and 9 on the survey by those who do not use on- street parking cite concerns such as the need for better snow clearing, poor visibility, and difficulty maintaining two -way traffic flow (particularly when a Transit bus is one of the two vehicles). One of the residents who use on- street parking suggested parking should be prohibited only when there is a snow storm. The other resident who uses on- street parking, and has no other option, indicated the other available exempted streets are too far away. CONCLUSIONS Staff concludes that cancelling Woodville Road between Chapel Street and City Line as a street section exempt from the Overnight Winter Parking Restriction is the best choice at this time. The results of the survey suggest that residents on Woodville Road are more supportive of improved snow clearing than allowing overnight winter parking to continue. The improved snow clearing and traffic flow would also be a benefit to other motorists who drive on this street. RECOMMENDATION Staff recommends that Common Council considers deleting Woodville Road with Limits Chapel Street to City Line from Schedule R of the City's Traffic By -Law as presented in proper translated format in a report provided at this meeting by your City Solicitor. Respectfully submitted, Timothy D. O'Reilly, P.Eng., M.Sc.E. Traffic Engineer m. Edwards, P. Commissioner, Transportation and Environment Services 105 R. Kevin Rice, C.E.T. Deputy Commissioner, Transportation and Environment Services J. Patrick Woods, CGA City Manager October 1, 2013 Dear Resident of Woodville Road, RE: INPUT OPPORTUNITY FOR POTENTIAL ON- STREET PARKING CHANGES ON WOODVILLE ROAD Aussi disponible en fran�ais. Composez le 658 -4455. At its February 11, 2013 regular meeting, Common Council of The City of Saint John resolved the following: Refer the current Winter Overnight Parking Restriction on Woodville Road, between Chapel and City Line to the City Manager for a staff report which considers the merits of cancelling the currently imposed exemption. The Winter Overnight Parking Restriction prohibits parking overnight (midnight to 7 AM) from December 1 to March 1 on most City streets each year. This Restriction was introduced to assist in effective removal of snow from City streets. Some sections of streets in the City are exempt from this Restriction given lack of space for residents to park in their driveway or in other off - street locations, The north /west side of Woodville Road, between Chapel Street and City Line, is one of these exempted street sections. Residents are permitted to park during the overnight winter period on exempted street sections, except where other on- street parking restrictions signs are in place such as those for the south /east side of this section of Woodville Road. City staff will be recommending to Common Council whether to keep the exemption on Woodville Road or to remove the exemption, thereby preventing overnight winter parking on this section of street. We value the input of citizens as part of this decision- making process. Sometimes the convenience or necessity of available on- street parking for some citizens does not fit well with the delivery of other city services such as snow clearing or other services such as Transit (given Woodville Road is on a bus route). We would like to hear from you about your need or wish for on- street parking on Woodville Road during the winter overnight period and /or your thoughts on these other City services. 106 Other near -by street blocks are also currently exempt from this Restriction. These street blocks are highlighted red on the map to the right. The section of Woodville Road that is exempt is highlighted blue. a►� Ilk rye. c,� iii, o� rq„s f y7 e� Ch. A'gbY F " il+ Rd. "` o • s A f ap old),���a � bA The questions that we ask you answer are provided on the form attached to this letter. Space is provided for any additional input you would like to communicate to us. You can provide your input in one of three ways: 1. By e -mail to municipaloperations @saintiohn.ca 2. By phoning 658 -4455 3. By handwriting your responses on the attached form and mailing to: The City of Saint John PO Box 1971 Saint John, NB E2L 4L1 Attention: Tim O'Reilly Whichever method you choose, please reference "Woodville Road Parking" so we can separate your input from other correspondences. Please provide or mail your responses by October 25, 2013. Sincerely, 0` Timothy D. O'Reilly, P.Eng., M.Sc.E. Traffic Engineer 107 INPUT OPPORTUNITY FOR POTENTIAL ON- STREET PARKING CHANGES ON WOODVILLE ROAD OCTOBER 2013 Question 1: What is your name? Question 2: What is your address? Question 3: What is your phone number? Question 4: Do you need to park any of your vehicles on the north /west side of Woodville Road between Chapel Street and City Line during the overnight winter period due to lack of parking spaces on your property? (Circle one) Yes / No Question 5: If you answered yes to question 4, how many vehicles do you need to park on this section of Woodville Road? Question 6: If you answered yes to question 4, could you instead park your vehicles) in another off - street location or on one of the other near -by exempted streets? Yes / No Question 7: Do you think allowing overnight winter parking on the north /west side of Woodville Road between Chapel Street and City Line should be kept as is or do you think it should be no longer allowed to improve delivery of snow clearing and other city services? (circle one) Keep on- street parking / Not allow on- street parking M Question 8: Do you have any comments about your answer to question 46? Question 9: Do you have any other input to provide on this subject? You can provide this input in one of three ways: 1. By e -mail to municipaloperations @saintiohn.ca 2. By phoning 658 -4455 3, By handwriting your responses and mailing to: The City of Saint John PO Box 1971 Saint John, NB E2L 4L1 Attention: Tim O'Reilly 109 The city of Saint John City Solicitors Office Bureau de Pavocat municipal October 31, 2013 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Council: Re: Overnight Winter Parking Restriction Amendment to the Traffic By -Law Woodville Road At its meeting held on February 11, 2013, Common Council resolved "to refer the current Winter Overnight Parking Restriction exemption on Woodville Road, between Chapel and City Line, to the City Manager for a staff report which considers the merits of cancelling the currently imposed exemption ". By report dated October 30, 2013 submitted concurrently in response to the above -noted resolution of Council, the City Manager recommends that Woodville Road with limits from Chapel Street to City Line be removed from Schedule R to the Traffic By -Law thereby making that section of Woodville Road subject to the Winter Overnight Parking Restriction. At its meeting held on October 26, 2009, Common Council adopted the Overnight Parking Restriction Policy. This Department prepared amendments to the Traffic By -Law in 2009 to give effect to the said Policy which resulted in prohibiting the parking of vehicles on any street in the City except those listed in Schedule R between the hours of midnight and 7 a.m. Since 2009, and in response to the citizens' input, Council enacted further amendments to the Traffic By -Law in order to add streets to or remove streets from Schedule R. Pursuant to subsection 113(1) of the Motor Vehicle Act, R.S.N.B. 1973, c. M -17, and amendments thereto, a municipality may make by -laws for regulating the standing or parking of vehicles (see section 113(1), (a)). SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L7 I wvwv.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1 r`� 110 Common Council October 31, 2013 We have prepared and attach the text of an amendment to the Traffic By- Law which if enacted will result in removing Woodville Road from Schedule R, thereby making the said portion of Woodville Road subject to the Winter Overnight Parking Restriction. Council may, if it wishes, give first and second reading to this amendment. Respectfully Submitted, John/ . Nugent City Solicitor Enclosures 111 J. Patrick Woods, CGA City Manager A LAW TO AMEND A BY -LAW RESPECTING TRAFFIC ON STREETS IN THE CITY OF SAINT JOHN MADE UNDER THE AUTHORITY OF THE MOTOR VEHICLE ACT, 1973, AND AMENDMENTS THERETO ARRETE MODIFIANT L'ARRETE RELATIF A LA CIRCULATION DANE LES RUES DANS THE CITY OF SAINT JOHN EDICTS CONFORMEMENT A. LA LOI SUR LES VEHICULES A MOTEUR (1973) ET LES MODIFICATIONS AFFERENTES Be it enacted by the Common Council of Lors d'une reunion du conseiI municipal, The City of Saint John as follows: The City of Saint John a decrete ce qui suit: A By -law of The City of Saint John entitled "A By -law Respecting Traffic On Streets In The City of Saint John Made Under The Authority of The Motor Vehicle Act, 1973, and Amendments Thereto ", enacted on the 19"' day of December, A.D. 2005, is hereby amended as follows: 1 Schedule R — List of Streets Excluded from Winter On- Street Parking Restriction - is amended by deleting the following words under the following headings: Street Limits Par les presentes, Parrete de The City of Saint John intitule « Arrete relatif a la circulation daps les rues dans The City of Saint John edicte conformement a la Loi sur les vehicules a moteur (1973) et les modifications afferentes », decrete le 19 decembre 2005, est modifiie comme suit: 1 L'Annexe R — Liste des rues exemptes de la restriction de stationnement sur rue pendant Phivers — est modifee par la supressison des mots suivants sous les titres suivants : Rues Limites Woodville Road Chapel Street to City Line cheinin Woodville de la rue Chapel a la City Line 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 signed by: EN FOI DE QUOI, The City of Saint John a fait apposer son sceau municipal sur le present arrete le 2013, avec les signatures suivantes : Mayor /Maire Common C1erk/greffiere communal First Reading - Premiere lecture Second Reading - Deuxieme lecture Third Reading _ Troisieme lecture 112 REPORT TO COMMON COUNCIL M &C2013 -245 November 4, 2013 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Council: e The City of Saint John SUBJECT: Contract No. 2012- 25: Mill Street -- Sanitary Lift Station #31, Force Main & Sewer INTRODUCTION Saint John Harbour 'lean -Up is about good health, clean waterways and quality of life. City of Saint John wastewater treatment and collection systems are being enhanced to protect people and the natural environment, and to help sustain institutions and the economy. Substantial progress has been made in the wastewater service. The purpose of this report is to recommend award of the contract for the construction of the Mill Street — Sanitary Lift Station #31, Force Main & Sewer. BACKGROUND The Harbour Clean -Up Program is comprised of two major project components, the Eastern Wastewater Treatment Facility and a 'Wastewater Collection System. Construction on the Eastern Wastewater Treatment Facility is complete and the facility is in operation. The design portion of the Wastewater Collection System is completed with the following projects tendered and constructed: Bayside Drive Sanitary Forcemain Phase 1 and Phase 2, Monte Cristo Lift Station #34, Red Head Road Lift Station #1, Red Head Road Lift Station #50, Bayside Drive Lift Station #2, Newmans Brook Sewer Separation, Spar Cove Pumping Station #22, Harbour Station Lift Station #10, Riverview Avenue Lift Station #30, Crown Street Lift Station #8, Bridge Street Lift Station #23, Milford Road Lift Station #32, Tippett Drive Lift Station #33, Bayside Drive Lift Station #3, Gilbert Street Lift Station #5, Rothesay Avenue Lift Station #C, Kennedy Street Lift Station #24, Crown Street Lift Station 47 & 47A, Chesley Drive Lift Station #10A, Lower Cove Loop Lift Station #9, the Thorne Avenue — One Mile Lift Station Sanitary Force Main project, Highland Road Lift Station #21 & #21 A and Riverview Drive Lift Station #28. Mill Street Lift Station #31 is the final component of Harbour Clean -Up to be tendered and constructed.. 113 M & C 2013- 245 November 4, 2013 Page 2 TENDER RESULTS Tenders closed on October 30, 2013, for the Mill Street — Sanitary Lift Station #31, Force Main and Sewer project with the following results: I . Galbraith Construction Ltd., Saint John, NB 2. Terraex Inc., Saint John, NB 3. Fairville Construction Ltd., Saint John, NB 4. Gulf Operators Ltd., Saint John, NB 5. Dexter Construction Company Ltd., Moncton, NB 6. Fundy Contractors Limited., St. George, NB The Engineer's estimate for the work was $1,560,000.00 ANALYSIS $1,118,020.87 $1,223,083.75 $1,267,467.89 $1,367,510.18 $1,599,318.38 $2,107,790.13 The tenders were reviewed by staff and all tenders were found to be formal in all respects. Staff is of the opinion that the low tenderer, Galbraith Construction Ltd., has the necessary resources and expertise to perform the work, and recommend acceptance of their tender. It is anticipated that a portion of the work will be undertaken during the late fall 2013 and over the winter months of 2014 with the project completed by July 15, 2014. FINANCIAL IMPLICATIONS The Contract includes work that is charged against the Water & Sewerage Utility Fund Capital Program. Assuming award of the Contract to the low tenderer, an analysis has been completed which includes work that will be performed by City forces and others. The following analysis has been completed: Budget Project net cost Variance (Surplus) $1,940,400 - $1,276,400 $664,000 To date, the cumulative amount committed through award of Harbour Clean -Up Program projects is $97,503,999.31 including the City's eligible H.S.T. rebate. The overall total estimated cost of the Harbour Clean -Up Program as reported to Council on September 28, 2009 (M &C 2009 -318) was $99,400,000 including the City's eligible H.S.T. rebate. When the quantities are finalized for all the Harbour Clean -Up contracts it is anticipated that the final cost will be within the $99,400,000 projection. POLICY — TENDERING OF CONSTRUCTION CONTRACTS The recommendation in this report is made in accordance with the provisions of Council's policy for the tendering of construction contracts, the City's General Specifications and the specific project specifications. 114 M & C 2013- 245 November 4, 2013 Page 3 RECOMMENDATION It is recommended that Contract No. 2012- 25: Mill Street — Sanitary Lift Station #31, Force Main and Sewer be awarded to the low Tenderer, Galbraith Construction Ltd., at the tendered price of $1,118,020.87 (including HST) as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Respectfully submitted, tCampbell, P. Eng. cipal Engineer Wr.'Edwards, . Eng. Commissioner Transportation and Environment 115 Brian Keenan, P. Eng. Engineering Manager J. Patrick Woods, CGA City Manager m C November 1, 2013 9P Your Worship and Z Members of Common Council: * On October 281h Uptown Saint John Inc. presented Common Council with a number of * our key priorities for the organization some of which had requests for support from the O City. Council asked USA to come back with specifics as to the contributions the City is being asked for and what role and resources USJI has or will commit to these projects. Priority # 1- Uptown Peninsula Neighbourhood Plan - The next logical step in the plansj planning process continuing on the theme of community sustainability. USA has spent significant time and money over the past couple of years: • 2012 USJ hired staff (Approx $5,000.) to complete inventory of vacant and underutilized property on the peninsula and the redevelopment opportunity (2200 residential units). w w Priority # 2 - Development Incentives - The development of a current neighbourhood vision and plan is key to growing residential density further but incentives are required. Infill Housing Incentives — Total Monetary Investment $400,000. • $400,000. To re- instate the 1990s infill grant program. (ROI 3 -4 yrs at current tax rates). • TIF (tax increment financing) - Assist efforts to establish legislation in the Province. x • Servicing incentive to bring water and sewer services to the development. o Streamline permitting process. • Lot preparation for development — structure demo and remediation. • Land banking to create suitable development sites and appropriate s= developments. • Subsidized City owned land. • Disincentives for holding onto vacant undeveloped land. 0 Heritage - USJI spent $15,000. to engage the consulting firm EXP to determine what was needed to gain interest and development of our heritage buildings. 4-1 Heritage Incentives —Total Monetary Investment $60,000. $60,000. Needed in 2014 to bring Heritage Development Board grants back •�- toward previous levels followed by increases in subsequent years. co U) 7. 506.633.9797 F. 506.652.3525 www.uptownsj.com 116 Repomrrrt to Council — 2014 Priorities November 4, 2013 Expand the HD13 grant program to target projects with a commercial component �a that demonstrate a minimum return to the municipality. w • Eliminate need to go to the Board for less complex applications that meet guidelines. • Provincial Tax Abatement Program — assist with lobbying efforts to change the current tax abatement program so it is an incentive — make the abatement period 10yrs. Code of Equivalencies —Amend Building Code to include a code of equivalencies so that the character of our heritage assets are not demolished through regulation. Priority # 3 — Wayfinding — Total Monetary Investment $30,500. 4 Uptown Saint John Inc. engaged Form Media who specialize in wayfinding systems (Cost approx. $35,000.). The purpose of a wayfinding system is to help visitors and greater Saint John area residents find their way around the uptown. rn The City is being asked to participate in different components including: • 4 Primary Gateway signs @ $5,000. Ea = $20,000. �4 • Estimate 6 specific destination signs @ $500. _ $3,000. to various City w venues /places. �74 • Estimate 30 street name signs @ $250. Ea = $7,500. Pedestrian Streets 0 On the issue of pedestrian streets and potential street closures USJI will undertake, at Z our expense, a review of potential opportunities for temporary event based street closures and other options that might create more pedestrian usage within the street right of way for report back to Council early in the new year. We look forward to moving a sustainable growth agenda forward with the City. In order to have a strong vibrant urban core we need people living in the uptown. Envision the amount of people travelling city sidewalks as we have on a cruise ship day — we can do this 365 days of the year. 0 Sincerely, t ander C President, Uptown Saint John Inc. Rij tl7 T. 506.633.9797 F. 506.652.3525 www.uptownsj.com 2 117 r; CUPE Local 486 City of Saint John Inside Workers PO Box 2675 Saint John, N.B. E2L 4Z1 Saint John Firefighters Association International Association of Fire Fighters, Local 771 PO Box 54 Saint John, N.B. E2L 3X1 CUPE Local 18 City of Saint John Outside Workers 208 Lancaster Avenue Saint John, N.S. E2M 2K9 Saint John Police Association PO Box 4786 Rothesay, N.B. E2E 5G4 City of Saint John c/o Common Clerk's Office PO Box 1971 15 Market Square Saint John, N.B. E2L 4L1 Re: Agreement and Declaration of Trust for City of Saint John Shared Risk Plan Dated as of the 1rt day of February, 2003 ( "Trust Agreement") Notification of Amendment to the Trust Agreement Pursuant to Article 5.3 of the Trust Agreement, we hereby provide to you a copy of an Amendment to the Trust Agreement enacted by the Trustees at their meeting of Wednesday, October 16, 2013. Dated at Saint John, New Brunswick this Mi Meahan C MA �B�ard of Trus�t r1 A. � JohA cue Gruyter Vice - Chair, Board of Trustees 3 0 day of October, 2013. Board of Trustees City of Saint John P.Q. Box 1971, 15 Market Square c/o Office of the Common Clerk Saint John, N.B. E2L 41 Shared Risk Pension Plan 118 506 -658 -2862 City of Saint John Shared Risk Plan Amendment to the Agreement and Declaration of Trust Executed as of February 1, 2013 AMENDMENT NO. 1 WHEREAS the Saint John Shared Risk Pension Plan Board of Trustees (the "Trustees ") are the trustees of the Saint John Shared Risk Pension Plan Fund pursuant to the Agreement and Declaration of Trust executed as of February 1, 2013 (the "Trust Agreement ") between the City of Saint (the "Employer "), the Saint John Fire Fighters Association, International Association of Fire Fighters, Local 771, the Saint John Police Association, CUPS Local 18, Saint John City Outside Workers, CUPE Local 486 (hereinafter referred to collectively as the "Unions "), and the Trustees; AND WHEREAS the Trustees may modify or amend the Trust Agreement pursuant to Article 5.1 subject only to the exceptions set out in Article 5.4, none of which apply in the circumstances; AND WHEREAS the Trustees consider it appropriate to amend the Trust Agreement and in particular the indemnity provisions found in Article 7 of the Trust Agreement. NOW THEREFORE BE IT RESOLVED that the Board of Trustees amends the Trust Agreement by: A. Deleting subsections 7.1(a) to (e) inclusive, and replacing them with the following provisions: 7.1 Indemnification of the Trustees (a) This Article 7.1 shall be effective as of the Conversion Date; (b) No Trustee or Alternate Trustee shall, in the absence of any dishonesty or wilful misconduct on his or her part, be liable for the acts, neglects, or defaults or otherwise for any liabilities of the Board of Trustees, the Fund or the Saint John SRP; (c) Nothing in this Article shall exempt any Trustee or Alternate Trustee from any liability, costs, losses and expenses arising out of his or her dishonesty or wilful misconduct. (d) The Board of Trustees shall have the duty and exclusive responsibility to retain and instruct legal counsel to defend any claims, actions or proceedings against the Board of Trustees, any individual Trustee, or any Alternate Trustee, including any costs arising therefrom. (e) Every Trustee and Alternate Trustee shall be indemnified out of the Fund all liabilities, costs, losses and expenses, including any 119 2- amount paid to settle an action or judgment, that the Trustees may incur or become liable to pay in the discharge of his or her duties as Trustee by reason of any contract entered into, or acts, neglects, defaults, or in respect of any civil, criminal or administrative claim, action or proceeding. B. Deleting subsection 7.1(g); C. Renumbering subsection 7.1(h) as subsection 7.1(g); and D. Renumbering subsection 7.1(i) as subsection 7.1(h) We certify that the foregoing is an extract of the Minutes of a meeting of the Board of Trustees held Wednesday, October 16, 2013. Dated at Saint John, New Brunswick, this .?"' day of October, 2013. Michael Meahan Chairperson 120 F-71 SAINT JOHN BOARD OF POLICE COMMISSIONERS PO Sox 1971 Saint John, New Brunswick Canada EZL 4L1 Bureau des Commissaires du Service de Police de Saint John G.P. 1971 Saint John Nouveau - Brunswick Canada E21- 4L 1 CHRISTOPHER WALDSCHUTZ Chair/ President MARY- EILEEN O'BRIEN Vice Chair/Vice President JONATHAN FRANKLIN Secretary/Secretaire MAYOR MEL NORTON Commissioner /Commissaire KAREN KEILLER Commissioner /Commissaire TIMOTHY CHRISTIE Commissioner /Commissaire GREG NORTON Commissioner /Commissaire WILLIAM G. REID Chief of Police /Chef de Police JACKIE FERRAR Executive Administrator/ Secretaire Administrative TelephonelTetephone. (506) 674 -4142 FaVT61ecopieur.- (506) 648 -3304 E- mail /Courriel: poiicecommissionCo)sainUohn. ca lr SAINT JOHN Explore ourpast/ Explorez noire passe Discover your future/ Decouvrez votre avenir November 5, 2013 PUBLIC SESSION M &C 2013 -248 Mayor Mel Norton and Members of Common Council Your Worship and Councillors: Re: Final Update - Peel Plaza Fit -Up Costs (Capital Budget) We wish to advise you that at the Saint John Board of Police Commissioners meeting on November 5, 2013 the following resolution was passed: "RESOLVED that the submitted report providing the final status on the capital budget that was approved and allocated specific to the Fit -Up costs for the new police headquarters, be received and filed, and a copy be forwarded to Common Council." Respectfully submitted, f J J. {Christopher Waldschutz ,Chairman Saint John Board of Police Commissioners , Of encl. 121 REPORT TO SAINT JOHN BOARD OF POLICE COMMISSIONERS Committee of the Whole November 5, 2013 Chris Waldschutz, Chairman and Members of the Board of Police Commission Chairman Waldschutz and Members SUBJECT Final Update — Peel Plaza Fit -Up Costs (Capital Budget) BACKGROUND The purpose of this report is to provide the Saint John Board of Police Commissioners with a final status report on the capital budget that was approved and allocated specific to the Fit -Up costs for the new police headquarters. This capital project relating to outfitting the new police facility with the necessary furniture, fixtures, and equipment was under budget by $257,909 as outlined in attached Schedule A. Approved Budget Actual Expenses Underl(Over) $1,995,000 $1,737,091 $257,909 It is noteworthy to highlight that many Police and City staff members work collaboratively over a significant period of time to ensure the Fit -Up costs along with the re- location from City Hall did not exceed the budget envelope that was approved by Common Council for this major capital expenditure. 122 Chris Waldschutz, Chairman and Members of the Board of Police Commission November 5, 2013 Page 2 Subject: Final Update — Peel Plaza Fit -Up Costs (Capital Budget) RECOMMENDATION It is recommended that the Board receive and file this report and forward a copy to Common Council. Respectfully submitted, Marve E. Corscadden, C DIRECTOR HR & FINANCE 123 Chris Waldschutz, Chairman and Members of the Board of Police Commission November 5, 2013 Page 3 Subject: Final Update — Peel Plaza Fit -Up Costs (Capital Budget) Schedule A Saint John Police Headquarters Peel Plaza Budget (Fit -Up Costs) 1,995,000 1,737,091 257,909 124 Allocated Actual Budget Expense Category Budget Expenses Variance Consultants 95,000 66,151 28,849 Furniture 650,000 545,628 104,372 Window Coverings 30,000 33,179 - 3,179 Forensics 20,000 22,796 - 2,796 Equipment for Building 215,000 175,598 39,402 Technology 510,000 499,229 10,771 Relocation to Peel Plaza 50,000 31,311 18,689 PSCC 425,000 363,198 61,802 1,995,000 1,737,091 257,909 124 l mil+. October 29th, 2013 Deputy Mayor and Councillors, Subject: Pension Pursuant to the Terms of HLA The Committee of the Whole, having met on October 28th, 2013 recommend that Common Council adopt the following proposed resolution: WHEREAS an application was made by the employee identified by Employee #4287 for a pension pursuant to the terms of An Act Respecting the Saint John Firefighters' Association, S.N.B. 2010, c. 9 (the "HLA "); AND WHEREAS the aforementioned application for a pension was evaluated in accordance with established criteria and the City has received medical advice confirming that the employee identified by Employee #4287 meets the eligibility criteria established for receipt of a pension pursuant to the terms of the HLA; BE IT RESOLVED that the employee identified by Employee #4287 is hereby approved by the Common Council of The City of Saint John to receive a pension pursuant to the terms of the HLA in accordance with a calculation of "full wages ", as that term is used in the HLA, which shall include regular pay, service pay and overtime but shall not include pay for unused accumulated vacation. Sincerely, Mel Norton Mayor 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- 41-1 125 j� November 12, 2013 Common Council of the City of Saint John Re: Proposed Agreement between The City of Saint John and Mr. Jim Bezanson and the New Brunswick Human Rights Commission The Committee of the Whole met on November 12, 2013 and considered the City Manager's recommendation respecting a proposed Agreement with Mr. Jim Bezanson and the New Brunswick Human Rights Commission, a copy of which proposed agreement is attached hereto and marked "A ". The Committee at its November 121 2013 meeting adopted the following resolution: "Resolved that the Committee of the Whole recommend Common Council adopt the following resolution: 'Resolved that The City of Saint John enter into an Agreement with Mr. Jim Bezanson and the New Brunswick Human Rights Commission, the text of which Agreement accompanied correspondence of November 12, 2013 from the Committee of the Whole to the Common Council; and further that the Mayor and Common Clerk be authorized to execute the aforesaid Agreement. "' Sincerely, Shelley Rinehart Deputy Mayor e� P.O. Box 1971 I C.P. 1971 Saint John, NB Saint John, N. -B. Canada E21- 41-1 Canada E21- 41-1 SAINT JOHN www.saintiohn.ca 126 JIM H. BEZANSON (hereinafter " Bazanson"), - and - THE CITY OF SAINT JOHN, J. PATRICK WOODS, KEN FORREST, JACQUELINE HAMILTON and JOHN MCINTYRE (hereinafter the "City") . and - THE NEW BRUNSWICK HUMAN RIGHTS COMMISSION (hereinafter the "Commission") AGREEMENT WHEREAS the Complainant, Bezanson, is employed by the Respondent, the City; AND WHEREAS Bezanson has filed a Human Rights Complaint with the Commission pursuant to the Human Rights Act (herein fter the "Complaint'"}; AND WHEREAS the Commission has been actively and consistently involved in the resolution of the Complaint through its mediation process; AND WHEREAS Bezanson and the City have participated in extensive negotiations in respect of the Complaint and its resolution as well as the conclusion of Bezanson's employment with the City; AND WHEREAS Bezanson and the City have resolved the Complaint together with any and all matters relating or otherwise connected to Bezenson's employment (including the conclusion thereof) with the City without the necessity of advancing beyond the Human Rights Commission's mediation process and without the necessity of commencing any proceedings before the courts or in any other form; AND WHEREAS the parties wish to evidence the tams of both the settlement of the Complaint and the conclusion of Bezanson's employment with the City in this Agreement; NOW, THEREFORE, THIS AGREEMENT WITNESSETH that, iu consideration of the premises and agreements herein contained and for other good and valuable consideration, the parties agree as follows: 1. The City shall retroactively place Bezanson on a continued "leave with pay" for the period from July 1 a. 2013 until September 30, 2013, inclusive, (hereinafter the "heave with Pay "), during which Bezanson shall receive payment from the City of his full salary and all employee benefits, excepting vacation pay (subject to all applicable payroll derductiops). 2. Immediately upon completion of the Leave with Pay, Bezanson shall commence an authorized and fully paid vacation totaling eight hundred and eighty and six tenths (880.6) hours of vacation time (hereinafter the "Earned Vacation ") The City shall pay to Bezanson his full salary and all employee benefits during the Earned Vacation, subject to all applicable payroll deductions. Bezanson acknowledges and agrees that the Earned Vacation represents the entirety of the paid vacation that he is entitled to receive from the City. For the purpose of clarity, the Earned Vacation shall run from October 111, 2013 until 2:30pm on April 1'r, 2014, inclusive 3. At the conclusion of the Earned Vacation, Bezanson's irrevocable resignation fom his 127 2 employment with the City, which is hereby accepted by the City, shall immediately take effect at 230pm on April I 2014 following which his retirement, pursuant to the terms of the City's Pension Plan and this Agreemen4 shall commence on April 2°d, 2014. Accordingly, Bezanson and the City have executed the irrevocable letter of resignation which is attached hereto and marked as Schedule "A ". The following conditions and considerations apply to the termination, of Bezanson's employment with the City, effective at 2.34pur on April I" 2014. a) The City confirms, based on advice received from the actuary of the City's Pension Plan, that Bezanson's gross monthly pension entitlement from the City's Pension Plan shall be (based on an election of "60% to surviving spouse' as opposed to "100% to surviving spouse") upon the commenceiuent of his retirement on April 2°d, 2014; b) The City shall pas to or on behalf of Bezanson the sum of Seventy -Five Thousand Dollars ($75,000,00) in respect of human rights damages that arise from the allegations put forth in the Complaint, which are denied by the City and have not been proven before a third party, with no statutory deductions or withholdings from same (hereinafter the "Human Rights Damages "). Mr. Beznoson and the City agree that the Human Rights Damages shall be paid by the City and received in good faith by Mr Bezanson as a complete and final resolution of the Complaint and shall be paid by the City to RBC Dominion Securities on behalf of Mr. Bezanson on the date that his retirement commences pursuant to the terms of the City's Pension PIan and this Agreement, being April 2" 2014. c) The City shall pay to or on behalf of Bezanson the suns of Twenty -Five Thousand Dollars ($25,000.00) in respect of his legal fees, disbursements and related expenses incurred in respect of the Complaint, with no statutory deductions or withholdings from same (hereinafter the "CosWI. Bezanson and the City agree that the Costs shall be paid by the City end received in good faith by Bezanson, in addition to the Human Rights Damages, as a complete and final resolution of the Complaint and shall be paid by the City to RBC Dominion Securities on behalf of Bezanson on the date that his retirement commences pursuant to the terms of the City's Pension Plan and this Agreement, being April 22d, 2014. d) The City shall pay to or on behalf of Bezanson the sum of one Hundred Thousand Dollars ($100,000.00) in respect of wages lost as a result of the conclusion of Bezamon's employment with the City effective at 2.34pm on April 1 ", 2014, subject to applicable statutory deductions or withholdings of thirty percent (30 0%) from same (hereinafter the "Wages i ost "). The City and Bezanson agree that the payment of the Wages Last shall be made by the City to RBC Dominion Securities on behalf of Bezanson on the date that his retirement commences pursuant to the terns of the City's Pension Plan and this Agreement, being April 2°; 2014. 4. Bmanson agrees, as a pre- condition to the City's malting the payments identified in Paragraphs 3(b) through (d) above, to provide to the City a withdrawal and full and final Me= respecting his Complaint against the City to the Human, Rights Commission under the Fianan Rights Act in the form attached hereto as Schedule "B" and "C" together with a general full and final release which pertains to the cmchrsion of his employment with the City in the form attached hereto as Schedule "D'', fully executed original copies of which shall be held by the City in escrow from the date of execution of this Agreement until such time that the payments identified in paragraphs 3(b) through (d) above are made by the City. 5. Bezanson shall, upon his retirement from the City be eligible to apply for andror receive any benefits that are available to retirees of the City pursuant to the general terms and conditions that govern such benefits, as may be amended from time to time 6. The City shall notify the Canada Revenue Agency of the payment being made to 128 Bezanson. for the Wages Lost as set forth in paragraph 3(d). The City understands and agrees that the payments identified in paragraphs 3(b) and (c) of this Agreement are not being agreed upon or made in respect of income and are not taxable, and the City agrees and confirms that it shall, at all times in the future, maintain and support that the payments referenced in paragraphs 3(b) and (c) are not taxable. 7. Notwithstanding paragraph 6 above. Bezanson shall indemnify and save the City harmless from any claims or demands for payment hereafter made against it by any governmental authority including, without limitation, the Canada Revenue Agency and the Employment Insurance Commission, in respect of any payment made in consideration of this Agreement. Bezanson acknowledges and agrees that should any taxes be owed or demanded by any governmental authority whatsoever with respect to the payment made in consideration of this Agreement, the payment of such taxes is his sole responsibility. S. Bezanson confirms that he has not, to date, filed any epplication for a disability pension pursuant to the terms of the City of Saint John Pension Act, an application for Long Term Disability ("LTD") benefits under the City's coverage or an application for Worker's Compensation benefits under the City's coverage with respect to his employment with the City and further hereby acknowledges and agrees that no such application(s) for such benefits shall at any subsequent time be made by him or on his behalf with respect to his employment with the City pursuant to the terms of this Agreement 9. The City and Bezanson hereby acknowledge and agree that neither will discuss the terms of this Agreement with any person or persons, nor discuss such matters with any party, unless otherwise required by legal process. The City and Bezanson f *er hereby acknowledge and agree that should this covenant of non - discussion be breached. the party in breach thereof shall be obligated to pay to the other party legal fees on a solicitor and client basis, disbursements and court costs reasonably incurred by the party not in breach to preserve any of her/his/their/its rights with respect to such violation, in addition to the actual damages sustained by the other party as a result thereof 10. Bezanson hereby acknowledges and agrees to refrain from publicly criticizing the City, Common Council (as a whole or any individual member thereof), any committees of Common Council ( mcluding, but not limited to, the City's Heritage Development Board, or as it might otherwise be known from time to time), and any of the City's current, past or future officers and employees with respect to his employment or to views expressed, policies adopted or decisions taken by any of them on or before April 1", 2014 and directly or indirectly bearing upon heritage conservation, preservation, rehabilitation or restoration. Notwithstanding the generality of the foregoing, the City and Bezanson hereby acknowledge and agree that Bezanson shall not be prevented or otherwise precluded from advancing a full and fair challenge in any appropriate judicial, quasi - judicial or administrative law forum (as the case may be) of any decision made or action taken by the City, any officer or employee of the City, or any committees of Common Council (including, but not limited to, the City's Heritage Development Board, or as it might otherwise be known from time to time) respecting any property of which he is a registered owner or a shareholder of a registered owner provided that such full and fW challenge is advanced in a manner consistent with the decorum and respect that a reasonable person would expect to apply to the conduct of such judicial, quasi-judicial or administrative law proceedings. 11. Upon executing this Agreement, and the Schedules attached hereto, Bezanson shall immediately return to the City's Human Resources Department his City Hall elevator pass and any keys that he has to the City's premises. He, shall also be required within fourteen (14) days of the execution of this Agreement to make arrangements with the City's Commissioner of Growth and Development Services for the orderly removal of all of his personal Possessions from the workplace and shall no longer have electronic access to any City databases or systems, including but not limited to the City's electronic mail System. 12. The consideration described in this Agreement does and shall be deemed to include any 129 obligations on the part of the City that may arise under the Employment Standards Act or by operation of any other statute or regulation. 13. It is intended that all provisions of this Agreement shall be fully binding and effective as between the parties, but in the event that any particular provision(s) or part thereof is found to be void, voidable or unenforceable for any reason whatsoever, then the particular provision or provisions or part of the provision shall be deemed severed from the remainder of this Agreement and all other provisions shall ruin in full force, 14. The parties acknowledge that they have received independent legal advice in this matter, and that the terms of this Agreement and the attached schedules are understood, and accepted freely and voluntarily by each of than. IN WITNESS WHEREOF the parties have executed this Agreement this day of November, 2013. SlCfW, SEALED LIVERED in a presen 'of. witness Witness Witness Witness Witness ) . Bt JHk Z N ON THE CITY OF SAINT JOHN ) Per. Mayor ) Per: Common Clerk ) Common Council Resolution: ) 2013 ) ) J. PATRICK WOODS } } KEN FORREST 1 JACQUELINE HAMILTON ) ) JOHN MdNTYRE ) 130 Witness } } } } ) 131 THE NEW BRUNSWICK HUMAN RIGHTS COMMISSION Per Schedule "A" JIM H. BEZANSON November 12th, 2013 J. Patrick Woods, C.G.A. City Manager The City of Saint John P.O. Box 1971 Saint John, New Brunswick E2L 41-1 VIA HAND DELIVERY Re: Irrevocable Letter of Resignation I Jim H. Bezanson, Heritage Planner for The City of Saint John, do today hereby irrevocably tender the resignation of my employment with The City of Saint John, which shall take effect at 2.30pm on the 1st day of April, 2014, following which my retirement shall commence under the City's Pension Plan on April 2nd; 2014, 1 also hereby confirm that I have received independent legal advice respecting this irrevocable letter of resignation. Sincerely, Ji H.13ezanson I, J. Patrick Woods, City Manager for The City of Saint John, do hereby accept Mr. Bezanson's foregoing irrevocable resignation of his employment with The City of Saint John. J. Patrick Woods, C.G.A. 116 Wentworth Street, Saint John, NB EX 2S4 (506) 642.3363 132 SCHEDULE "B" November 12, 2013 New Brunswick Human Rights Commission Brunswick Street, Fredericton, NB Attn: Jill Peters, Executive Director Dear Ms. Peters: RE: Jim Bezanson v City of Saint John I hereby confirm that all matters relating to the above-noted complaint have been settled and, therefore, I irrevocably withdraw any complaint made by me against the City of Saint John, its Councillors, employees, former employees, successors and assigns. Thank you for your assistance in this matter. Yours very truly, Jim Bezanson 133 Schedule "C" HUMAN RIGHTS RELEASE I, JIM H. BEZANSON (hereafter " Releasor"), of the City of Saint John, in the County of Saint John, and Province of New Brunswick, for myself, my heirs, executors, administrators and assigns, in consideration of the Terms set out in the Agreement agreed to on November 12e, 2013, hereto remise, release and forever discharge THE CiTY OF SAINT JOHN, . A PATRICK WOODS, KEN FORREST, JACQUELINE HAMILTON and JOHN MCIidTYRE (hereafter Collectively referred to as the 'Releasees'), along with all of its parents, subsidiaries, affiliates and associated companies, and l ogether with ail respective present and former officers, directors, employees, servants and agents and their successors and assigns jointly and severally, and without limiting the generally of the foregoing, J. PATRICK WOODS, KEN FORREST, JACQUELINE HAMILTON and JOHN MCINTYRE of and from any and ad actions, causes of action, daims and demands of every nature or kind, past, presents orfuture arising out of, or in arty way relating to or connected with an alleged incident(s) of discrimination on the grounds of mental dlsabirdy that occurred at The City of Saint John; and any and all consequences arising from the allegations as set out in my Complaint filed with the New Brunswick Human Rights Commission (the °Commissionj, dated December 19th, 2011 (and stamped received by the Commission on December 220, 2011) and subsequently revised and amended on or about February 28 #, 2012, and up to and including the date that this Release is fully executed by myself, the Releaser. FURTHERMORE 1, the Releaser, hereby withdraw, cancel, release, and forever discharge the Releasees, of and from all allegations contained in the matter of the complaint by myself, the Releaser, against the Releasees under section 4 of the New Bnrnswidc Human Rtft Act I, the Releaser, also hereby withdraw, discontinue and cancel, and release and forever discharge the Releasees from any and all grievances, complaints and/or causes of akdion which I had, now have, or may ever have against the Releasees or any party which might claim contribution or indemnity from the Releasees relating 10 the allegations contained in my complaint, under any collective agreement, common law principle or any legislation whatsoever, including (without Imitation) the lndusWel Relations Act, the Ocacupowel Healfh W Safety Act, the Workers' Compensation Act and the Employment Standards Act 1, the Releaser, acknowledge that this Release may be raised by the Releasees as a full and Complete defence and estoppel in response to any grievance, complaint or action as referenced herein. AND IT iS FINALLY U14DERSTOOD AND AGREED that the terms and conditions of settlement are not to be construed as an admission of llabilKy on the pad of the said Releasees, and In fact, such is denied by the Releasees. AND I, the Releaser, hereby declare that I have had an opportunity to seek, and have sought, independent legal advice with respect to this Release and I fully understand it 1, the Releaser, hereby voluntarily accept the said terms for the purpose of making full and final compromise, adjustment and settlement of all claims as aforesaid. IN WiTNESS WHEREOF, JIM H. BEZANSON, the Releaser, has hereunto set his hand and seal this day of November, 2013. SIGNED, SEALED AND DELIVERED j ) } } Witness ) Jrrh H. Bezanson ) } } } 134 Schedule "D° RELEASE KNOW ALL MEN BY THESE PRESENTS that Jim H. Bezanson of The City of Saint John, in the County of Saint John and Province of New Brunswick, ( hereinaftthr called the "Releasorl, in exchange for the consideration outlined In the Agreement paid th him by The City of Saint John, the receipt and sufficiency of which Is hereby acknowledged, does hereby remise, release and forever discharge the said City of Saint John, J. Patrick Woods, Ken Forrest, Jacqueline Hamilton and John Kelntyre (hereinafter collectively called the ° Releasee'}, its Agents, oflioem, employees, former employees, successors and assigns of and from all manner of actions, causes of action, costs, complaints (including any past, present or future complaints under the Human Rights Ac1), darnages, special and general, claims and demands of every nature and kind whatsoever, which the said Releasor has had, now has, or may have in the future arising from or out of or In any way related to or connected with his employment With the Relessee and In particular, for and without Imriing the generality of the aforesaid, any and all claims for: (1) salary, allowances, severance pay, vacation pay, fringe benefits or claims in Ilea of benefits, general damages, special darnages, punitive damages and/or exemplary damages; and /or (2) wrongful dismissal, rdnstatemmnt or re- employment arising from the termination of the Releasor's employment with the Releases effective at 2:30pm on April 1 e, 2014. IT iS UNDERSTOOD AND AGREED by the said Releasor that the payment of the aforesaid sum is in compromise of a disputed claim and is not to be construed as an admission of Ilabrlily on the part of the said Releases and that liability for any alleged damages and costs is expressly denied. AND IT IS FURTHER UNDERSTOOD AND AGREED that the Releasor shall save harmless and lndenxnify the Releasee from and against all claims, charges, taxes or penalties and demands which may be made by the Minister of National Revenue requiring the Releases to pay income tax charges or penalties under the Income Tax Act (Canada) in respect of income tax payable by the Releasor in excess of income tc previously withheld; and in respect of any and all claims, charges, taxes or penalties and demands which may be made in relation to employment insurance benefds and/or Canada Pension Plan contributions under the applicable statutes and regulations with respect to any amounts which may in the future be found to be pith by the Releases in respect of the Releasor arising out of the payment of the consideration referred to in this Release, AND IT IS HEREBY DECLARED that the terms of this Release are fully understood, that the particulars outlined in the Agreement is the sole consideration of this Release and that the said sum Is accepted voluntarily after receiving independent legal advice for the purpose of making full and final compromise, adjustment and settlement of all claims for damages or reinstatement as aforesaid. M WITNESS WHEREOF the Releasor has hereunder set his hand and affixed his seal this day of November, 2013, SIGNED, SEALED & DELIVERED In the presence of Witness } } } ) ) } JIM H. BELWSON ) ) ) } ) ) 135 °KI November 12th, 2013 Deputy Mayor and Councillors Subject: Scheduling a Committee of the Whole meeting The Committee of the Whole, having met on November 12, 2013, made the following recommendations: 1) That the following resolution of October 28th, 2013 be amended by changing the start time of the meeting from 4:30 p.m. to 6:00 p.m.: "RESOLVED that as recommended by the City Manager in the submitted report Council Priority Update Session Scheduling, Common Council schedule a special meeting to update Council's priorities and ensure the Corporate Strategic Plan aligns with these priorities to be held Monday, November 18, 2013 in the Ludlow Room, 8th floor City Hall, starting at 4:30 p.m." 2) That Common Council schedule a Committee of the Whole meeting on November 18th at 3:30 p.m. in the 8th floor boardroom to discuss a land matter. Sincerely, ---�40010 Mel Norton Mayor 44 SAINT JOHN PO. Box 1 971 Saint John, NB Canada E21- 4L1 I www.saingohn.ca i C. P 1971 Saint john, N. -B. Canada Eli_ 40 136 U November 12, 2013 Deputy Mayor Shelley Rinehart and Councillors Re: Operating Costs Agreement between The City of Saint John and Her Majesty the Queen in right of the Province of New Brunswick, as represented by the Minister of Transportation and Infrastructure The Committee of the Whole met on November 12, 2013 and considered the City Manager's recommendation with respect to the proposed Agreement noted above, a copy of which is attached hereto and marked "A ". The Committee at its November 12, 2013 meeting adopted the following resolution: "RESOLVED that the Committee of the Whole recommend Common Council adopt the following resolution: `RESOLVED that the City of Saint John enter into an agreement with Her Majesty the Queen in right of the Province of New Brunswick, as represented by the Minister of Transportation and Infrastructure, the text of which agreement accompanied correspondence of November 12, 2013 from the Committee of the Whole to Common Council; and further that the Mayor and Common Clerk be authorized to execute the aforesaid agreement. "" Sincerely, Mel Norton Mayor P.O. Box 1971 C.P. 1971 Saint John, NB Saint John, NA. Canada EA 4f_1 i Canada EA 41 SAINT JOHN www.sai 1t' hn.ca THE CITY OF SAINT JOHN - and - HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF NEW BRUNSWICK as represented by the Minister of Transportation and Infrastructure OPERATING COSTS AGREEMENT 138 Table of Contents ARTICLE 1 INTERPRETATION AND GENERAL PROVISIONS ................................................... ............................... - 2- 1.1 DEFINEDTERMS ................................................................................................................................................2- 1.2 ENTIRE AGREEMENT ........................................................................................................................................14- -16 - 1.3 SEVERABILffY .................................................................................................................................................14- 3.1 1.4 CONFLICTAMONGAGREEMENTS .......................................................................................................................-14- 3.2 1.5 CONFLICTWITH LAWS ......................................................................................................................................14- 3.3 1.6 HEADINGS AND GRAMMATICAL VARIATIONS ........................................................................................................14- 3.4 1.7 NOTICES .............................................. . .............................................. . .......... ..... .......................................... - is- 1.8 GOVERNING LAW ............................................................................................................. .............................. - 15- 1.9 MODIFICATIONS AND AMENDMENTS ................................................................................... ............................... 15- 1.10 APPROVAL ................................................................................................................. .............................. - 15- 1.11 ENUREMENT ............................................................................................................... .............................. - 16- 1.12 LANGUAGE ................................................................................................................... ............................ -16 - ARTICLE2 TERM ............................................................................................................... ............................... -16- 2.1 TERM ............................................................................................................................... ............................ -16 - ARTICLE3 STATUS OF PARTIES ......................................................................................... ............................... -17 - 3.1 CAPACITY OF PARTIES ...................................................................................................... ............................... - 17 - 3.2 AUTHORITY OF REPRESENTATIVES ....................................................................................... ............................... -17- 3.3 NO PARTNERSHIP, AGENCY ETC ......................................................................................... ............................... - 17 - 3.4 ASSIGNMENT .................................................................................................................. ............................... -17- 3.5 CONFLICTS OF INTEREST ................................................................................................... ............................... -17- ARTICLE4 PAYMENT MECHANISM ................................................................................... ............................... -is- 4.1 HARMONIZED SALES TAX AND GOODS AND SERVICES TAX ....................................................... ............................... -18- 4.2 ANNUAL SERVICE PAYMENTS ............................................................................................. ............................... -18- 4.3 PAYMENT OF ANNUAL SERVICE PAYMENTS .......................................................................... ............................... - 20- 4.4 DETERMINATION OF SERVICE FEES ....................................................................................... .............................. - 21- 4.5 INTEREST ON OVERDUE AMOUNTS ..................................................................................... ............................... - 22- 4.6 SET OFF ......................................................................................................................... ............................... 23- 4.7 CHANGE REQUESTS ......................................................................................................... ............................... - 23- 4.8 NOTICE OF CHANGE ......................................................................................................... ............................... - 23- 4.9 PRICING FOR CHANGES ...................................................................................................... .............................. - 23- 4.10 SCOPE CHANGES ........................................................................................................ ............................... - 24- ARTICLE5 TERMINATION AND DEFAULT .......................................................................... ............................... - 25- 5.1 TERMINATION FOR DEFAULT ............................................................................................. ............................... - 25- 5.2 ANNUAL SERVICE PAYMENT AND COSTS ON TERMINATION ...................................................... ............................... - 25- 5.3 ADDITIONAL REMEDIES ON DEFAULT ................................................................................... ............................... - 25- 5.4 TERMINATION OF OCCUPANCY AGREEMENT .......................................................................... ............................... 26- ARTICLE6 DISPUTE RESOLUTION ...................................................................................... ............................... . 26- 6.1 DISPUTE RESOLUTION PROCEDURE .....................................................................................................................26- ARTICLE 7 MISCELLANEOUS PROVISIONS ......................................................................... ............................... - 26- 7.1 CONFIDENTIAL INFORMATION ................................................................................................ ............................26- 7.2 NO COPYING ...................................................................................................................... ............................27- 7.3 INJUNCTIVE RELIEF .......................................................................................................... ............................... - 27- 7.4 NOTICE AND PROTECTIVE ORDER ....................................................................................... ............................... - 28- 7.5 S URVIVAL .......................................................................................................................... ............................28- 139 111 7.6 NO WAIVER .................................................................................................................... ............................... 28- 7.7 REMEDIES CUMULATIVE ...................................................................................................... ............................ -28 7.8 SURVIVAL OF OBLIGATIONS ............................................................................................... ............................... - 28- 7.9 FORCE MAIEURE EVENT ................................................................................................... ............................... - 29- 7.10 FURTHER ACTS ........................ . ................................................................................................................. .29- 7.11 COUNTERPARTS .......................................................................................................... ............................... 29- 140 SAINT JOHN POLICE HEADQUARTERS OPERATING COSTS AGREEMENT THIS OPERATING COSTS AGREEMENT (the "Agreement ") made in triplicate effective as of the day of November, 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- HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF NEW BRUNSWICK, as represented by the Minister of Transportation and Infrastructure, hereinafter called the "Province" OF THE SECOND PART WHEREAS the City is the owner of the building municipally known as Civic No. 1 Peel Plaza, Saint John, New Brunswick, with related facilities including without limitation, the Police Headquarters and the Facilities, are situated on Police Headquarters Lands; AND WHEREAS the Province is the owner of a building municipally known as Civic No. 10 Peel Plaza, Saint John, New Brunswick, situated on the Law Court Facility Lands; AND WHEREAS by virtue of Transfer No. 28803014, dated June 1s'. 2010 and registered in the Saint John Land Titles Office on June 4, 2010, the City benefits from an easement and rights to construct, use, alter, maintain, inspect and repair underground tunnels and passageways for the movement of persons in, over and through lands bearing Service New Brunswick Parcel Identifier No. 55205876 owned by Her Majesty the Queen in Rights of New Brunswick; AND WHEREAS both Parties desire to enter into this Agreement in order to cost share the Operating Expenses of the Facilities which will serve and benefit both Parties during the Term of this Agreement; AND WHEREAS the Common Council on [•], 2013, resolved: a) That [• Enter Resolution] 141 -2- NOW THEREFORE THIS AGREEMENT WITNESSETH 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) "Annual Service Payment" means the annual payments which the Province is required to pay the City, in accordance with section 4.2; and "Annual Service Payments" shall have a corresponding meaning; C) "Applicable Laws" means all applicable requirements, laws, statutes, codes, acts, ordinances, orders, decrees, by -laws, rules, regulations, permits, licenses, 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; and "Applicable Law" means any one of them; d) "Approved" or "Approval" and similar expressions means approval or consent in accordance with the procedures set out in section 1.10 unless otherwise provided herein; e) "Approved Change Request" means a Change Request which has been Approved in accordance with section 4.7; f) "Architect of Record" means in the case of, and in relation to all matters pertaining to the Police Headquarters, D.F.S. Inc. architecture & design, or any successor thereto; g) "Board of Police" means the Board of Police Commissioners for the City and includes for the purpose of this Agreement the SJPF established and maintained by the Board of Police pursuant to subsection 7 (1.1) of the Police Act; h) "Board of Police Assets" means all assets installed, to be installed or placed by the Board of Police within the Police Headquarters throughout the Term of this Agreement, which have been acquired by the Board of Police, including those maintained assets listed in Schedule 13; 142 -3- i] 'Business Day" means any day of the week, Monday to Sunday, including statutory holiday under the laws of Canada or the Province of New Brunswick or a civic holiday proclaimed by the City; "Business Hours" means 8:30 a.m. to 4:30 p.m. of any Business Day; k) "Canadian Prime Rate" means that rate of interest per annum established and announced from time to time by the Bank of Nova Scotia as its reference rate of interest for the determination of interest rates that such bank will charge to customers of best degree of credit worthiness in Canada for Canadian dollar demand loans; 1) "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 Effective Date of this Agreement, m) "Change Request" means a written request prepared by or on behalf of the City or the Province: 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 Province, each acting reasonably; n) "City" means The City of Saint John, New Brunswick; o) "City Address" means City Hall Building, 15 Market Square, P.O. Box 1971, Saint John, New Brunswick, E21, 41,1; p) "City Advisor" means, collectively, the agents, advisors, consultants, engineers, Architect of Record, auditors, employees, representatives, contractors, Subcontractors and workers, as the context may require, of the City, and all others for whom the City is responsible at law; and "City Advisors" means any one of them; q) "City Manager" means the city manager of the City appointed by resolution by Common Council, or his /her designate; 143 -4- r) "City's Portion Pedestrian Connection Tunnel" means the subsurface pedestrian tunnel connecting the Police Headquarters and the Law Court Facility up to the Match Line, marked in yellow and identified as such on Schedule 5; S) "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" has a corresponding meaning; t) "Common Clerk" means the common clerk or the assistant common clerk of the City appointed by resolution by Common Council; u) "Common Council" means the elected municipal council of the City; v) "Confidential Information" means all information of the City or the Province, that is of a confidential nature, including all confidential information in the custody or control of each one of them, regardless of whether it is identified as confidential or not, and whether recorded or not, and however fixed, stored, expressed or embodied, which comes into the knowledge, possession or control of the City or the Province in connection with this Agreement. For the purposes or greater certainty and without limiting the generality of the foregoing, Confidential Information shall: i) Include: (i) all new information derived at any time from any such information whether created by the City or the Province or any third party; (ii) all information (including personal information) that these Parties are obliged, or have the discretion, not to disclose under Applicable Laws; and ii) Not include information that: (i) is or becomes generally available to the public without fault or breach on the part of the City or the Province of any duty of confidentiality owed by the City or the Province or to any third party; (ii) the City or the Province can demonstrate to have been rightfully obtained by any such party, without any obligation of confidence, from a third party who had the right to transfer or disclose it to these Parties free of any obligation of confidence; or (iii) the City or the Province can demonstrate to have been rightfully known to or in the possession of such party at the time of disclosure free of any obligation of confidence when disclosed; 144 -5- w) "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; x) "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; y) "Department of the Province" means any department, crown corporation, board, commission, committee, branch, bureau, official, agency, partner, employees, director, officer, or affiliate for the Province of New Brunswick; Z) "Detainees" mean those individuals in custody that are detained by the SJPF in the Holding Facility, during Business Hours, on any Business Day; aa) "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, bb) "Dispute Resolution" has the meaning ascribed thereto in the Dispute Resolution Procedure; cc) "Dispute Resolution Procedure" means those dispute resolution procedures ascribed thereto in Schedule 11; dd) "Effective Date" has the meaning ascribed thereto in subsection 2.1.2, but for certainty, means April 1, 2013; ee) "Encumbrance" means any mortgage, lien, pledge, judgment, execution, charge, security interest, restriction, claim or encumbrance of any nature whatsoever, including Claims; ft) "Estimated Operating Expenses Budget" has the meaning ascribed thereto in Schedule 13; gg) "Execution Date" means the date this Agreement is executed and delivered by all of the Parties hereto. 145 M hh) "Existing Design" means the drawings, specifications, addenda, and other documentation for the Police Headquarters filed with the Common Clerk's Office as File 184, Number 122250, and includes, all change orders during the construction; ii) "Expiry Date" has the meaning ascribed thereto in subsection 2.1.1; jj) "Facility" individually means any of the Holding Facility, Vehicular Tunnel, City's Portion Pedestrian Connection Tunnel and includes two (2) marked parking spaces for the Sheriffs Branch in the Underground Parking Garage; and "Facilities" means all of them; kk) "Facilities' Operating Expenses" has the meaning ascribed thereto in section 4.2; 11) "Facilities Sharing Agreement" means the agreement to be entered between the Board of Police and the Province as represented by the Minister of Justice and Attorney General, for the use, access and associated expenses of the Facilities and Underground Parking Garage; mm) "Force Majeure Event" or "Force Majeure" means the occurrence after the Effective Date of this Agreement 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 Police Headquarters, and /or a Facility, and /or Underground Parking Garage, and /or the Law Court Facility, iii) Chemical or biological contamination of the Police Headquarters, and /or a Facility, and /or Underground Parking Garage, and /or the Law Court Facility 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 Security Services, or any other services provided in the Police Headquarters, and /or a Facility, and /or Underground Parking Garage, and /or the Law Court Facility; or 146 7- 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 C) the lack or insufficiency of funds or failure to make payment of monies or provide required security; nn) "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 and works comparable in size, scope and complexity to the services within Canada; oo) "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 Police Headquarters (including the operation thereof, or any part, component or system thereof); "Governmental Authorities" has a corresponding meaning; pp) "Holding Facility" means (i) the subsurface secure underground holding facility as part of the Police Headquarters on the Police Headquarters Lands; and (ii) includes the Sally Port, marked in green and identified as such on Schedule 8, but, for certainty, excludes the City's Portion Pedestrian Connection Tunnel, the Vehicular Tunnel and any parking spaces in the Underground Parking Garage; qq) "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 147 Im tax imposed under the Excise Tax Act properly exigible by City to the Province pursuant to this Agreement; rr) "Law Court Facility" means the law courts facility owned by the Province upon the Law Court Facility Lands; ss) "Law Court Facility Lands" means the lands, marked in grey and identified as such on Schedule 2; tt) "Match Line" means the meeting point between the City's Portion Pedestrian Connection Tunnel and Province's Portion Pedestrian Connection Tunnel, marked in red and identified as such on Schedule 7; uu) "Notice of Change" has the meaning ascribed thereto in subsection 4.8.1; vv) "Occupancy Agreement" means the agreement entered between the City and the Board of Police concerning the operation, use and maintenance of the Police Headquarters, a copy of which is attached at Schedule 12 hereto; ww) "Operating Expenses" means, without duplication, the cost of operation, maintenance, repair, alteration, rehabilitation and cleaning of the Police Headquarters or otherwise identified in Schedule 13, including, without limiting the generality of the foregoing: i) The costs and expenses associated with all Property Taxes, capital taxes and water and sewage charges; ii) The cost of maintaining the Property, Boiler & Machinery insurance policies and any other insurance coverage maintained by the City in connection with the Police Headquarters; iii) The costs associated with the maintenance, repairs, operation, energy management system, cleaning, pest control and solid waste management of the Police Headquarters, and any other costs mutually agreed between the Parties; iv) The cost of salaries and benefits provided to all personnel and the cost of any Subcontractors or agents attributable to carrying out the maintenance, operation, supervision and management of the Police Headquarters, including tools, materials, equipment and any other costs mutually agreed between the Parties; v) The cost of repairs, replacements and improvements to the systems and facilities of the Police Headquarters, including, without limiting the generality of the foregoing, the roof, exterior walls, windows, doors, interior fixtures and finishes, plumbing systems, electrical systems, fire alarm and suppression systems, electricity, fuel, natural gas, parking lot, Underground Parking Garage, heating, ventilating and HM air - conditioning and energy- saving and security devices, elevators (including the cost of service contracts), and to the equipment and chattels used in connection with the Facilities, and any other costs mutually agreed between the Parties, without duplication of any such costs for which amortization is taken under subsection 1.1ww)v); vi) Amortization less any residual value of a tangible capital asset calculated on a straight line basis over the useful life of the asset, in accordance with the Public Sector Accounting and Auditing Handbook and the City of Saint John Policy on Tangible Capital Assets for the proper accounting and treatment of capital costs; vii) The costs arising from acts of vandalism to the Facilities including, without limitation, the Underground Parking Garage; viii) The costs relating to damage caused to the Facilities including, without limitation, the Underground Parking Garage by the act or omission of a Department of the Province, save and except to the extent same arises as a consequence of a breach of this Agreement by the City or the negligence or any act or omission of the City or any City Advisor; ix) The cost of providing hot and cold water, electricity, fuel, gas and steam used in heating, ventilating and air - conditioning, telephone and other utility costs; but, for certainty, it does not include: x) Costs covered by warranty or recovered from insurers; xi) Costs directly chargeable to or recovered from any other Person; xii) income taxes and other taxes personal to the City (if any); and xiii) The costs to maintain Board of Police Assets which are maintained by the Board of Police; xx) "Operations Period" means the period commencing on the Effective Date and continuing to the Expiry Date; yy) "Party" individually means the City and the Province; and "Parties" means the City and the Province, respectively; zz) "Payment Adjustment Report" has the meaning ascribed thereto in subsection 4.4.3; aaa) "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 149 10- 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; bbb) "Personal Information" means all personal information (as the term "Personal Information" is defined in the Right to Information and Protection of Privacy Act, S.N.B. 2009, c. R -10.6, and any amendments thereto, in the custody of the Parties other than personal information of the employees of the Parties and personal information that is wholly unrelated to the Services and not derived directly or indirectly from the Parties in respect of the Services; ccc) "Police Headquarters" means (i) the police headquarters constructed by City upon the surface and subsurface of the Police Headquarters Lands; (ii) includes the surface and subsurface of the Police Headquarters Lands; (iii) the Facilities; (iv) all improvements (including access roads, structures, buildings, facilities, fixtures, appurtenances, footings, foundations, Tunnels, underground services and structures) signage, chattels, machinery, equipment, materials, supplies, appurtenances and fixtures forming part thereof, attached thereto or installed thereon; (v) Underground Parking Garage; (vi) all other facilities, fixtures, appurtenances and tangible personal property of any nature whatsoever contained on or attaching thereto from time to time; (vii) all mechanical, electrical and other systems and technology installed under or upon any of the foregoing; and (viii) the Police Headquarters Lands, all as more particularly marked in blue and identified as such on Schedule 10; ddd) "Police Headquarters Lands" means the surface and subsurface lands identified as such on Schedule 1, marked in burgundy, but, for certainty, excludes any of the Roadways Lands and Public Plaza Lands; eee) "Police Headquarters Management Specification" means the operations, maintenance, repair, alteration and rehabilitation specifications for the Police Headquarters and identified as such in Schedule 12 of the Occupancy Agreement, fff) "Policing Services" means the police, law enforcement, community and other policing and administrative services, emergency response communication services, and other services which are ancillary thereto, to be provided from the Police Headquarters, which include Security Services; ggg) "Policy for the Procurement of Goods, Services and Construction" means the latest policy version adopted by Common Council for the procurement of goods, services and construction; hhh) "Property Taxes" means all real property taxes, rates, assessments, duties and levies whatsoever (including local improvement levies), whether general or special, federal, provincial, municipal, or otherwise, attributable to or 150 -11- levied on the Police Headquarters Lands, and /or Police Headquarters, and /or Facilities, or any part thereof from time to time or payable to any duly constituted Governmental Authority and includes any taxes, rates, assessments or charges that may in the future be levied; iii) "Province" means Her Majesty The Queen, in right of the Province of New Brunswick, and includes any departments acting on behalf of the Province; jjj) "Province Address" means P. 0. Box 6000, Centennial Building, Fredericton, New Brunswick, Canada, E3B 5H1, Telephone: 506.325.4520, Fax: 506.444.4400; kkk) "Province's Proportionate Share" has the meaning ascribed thereto at subsection 4.2.2; 111) "Province's Portion Pedestrian Connection Tunnel" means the subsurface pedestrian connection tunnel, marked in pink and identified as such on Schedule 6; mmm) "Provincial Representative" means the person designated by the Province with duly vested authority to act on behalf of the Province; nnn) "Public Plaza Lands" means those above ground lands, marked in black and identified as such on Schedule 3; 000) "Quarterly Payments" has the meaning ascribed thereto in section 4.3; ppp) "Roadways Lands" means those above ground lands, marked in violet and identified as such on Schedule 4; qqq) "Sally Port" means the subsurface secure controlled entryway to the Holding Facility, marked in green and identified as such on Schedule 8; rrr) "Schedules" means the following schedules attached to and forming an integral part of this Agreement: Schedule 1- Police Headquarters Lands; Schedule 2 - Law Court Facility Lands; Schedule 3 - Public Plaza Lands; Schedule 4 - Roadways Lands; Schedule 5 - City's Portion Pedestrian Connection Tunnel; Schedule 6 - Province's Portion Pedestrian Connection Tunnel; Schedule 7 - Match Line; 151 -12- Schedule 8 - Holding Facility; Schedule 9 - Vehicular Tunnel; Schedule 10 - Police Headquarters; Schedule 11- Dispute Resolution Procedure; Schedule 12 - Occupancy Agreement; Schedule 13 - Estimated Operating Expenses Budget; sss) "Scope Changes" means: i) An Approved Change Request; ii) Changes to the Services provided for under the Occupancy Agreement following the Effective Date; iii) Changes to Applicable Laws following the Effective Date; iv) A failure by the City or any City Advisor to perform any performance obligation required to be performed by it pursuant to the terms and conditions of this Agreement in the manner and within the time period of application thereto, save and except to the extent same arises as a consequence of a breach of the Occupancy Agreement by or on behalf of the City or the negligence or any act or omission of the City or any City Advisor; v) Any other matter, circumstance or event for which the provisions of this Agreement permit City or the Province to claim a Scope Change; provided always that any such event results or would result in a change to the timing of performance of scheduled obligations under this Agreement or an increase or decrease in the cost to the City of performing the Services; ttt) "Secondary Exit" means the subsurface exit as a means of egress to and from the Underground Parking Garage in a fashion deemed appropriate by the Board of Police, marked in orange lines and identified as such on Schedule 9; uuu) "Security Services" means the daily operation of the Holding Facility all in accordance and compliance with the Standard Operating Guidelines on any Business Day during Business Hours; vw) "Services" means: i) The Services provided by the City pursuant to the Occupancy Agreement; 152 -13- ii) All other work relating to the Facilities or otherwise to be performed by or on behalf of the City as described in this Agreement; and iii) The performance and observance of all other covenants, agreements and obligations of the City under this Agreement; www) "Sheriffs Branch" has the meaning ascribed thereto in the Facilities Sharing Agreement; xxx) "SJPF" means the Saint John Police Force; yyy) "Standard Operating Guidelines" means the standard operating guidelines of the Holding Facility identified as such in Schedule 11 of the Facilities Sharing Agreement; zzz) "Subcontractor" is a Person or entity, other than the City or the Province, having direct agreement with the City or the Province, to perform any part or parts under this Agreement on behalf of the City or the Province; and "Subcontractors" has a corresponding meaning; aaaa) "Substantial Completion" means, in relation to the Police Headquarters, the time at which each Facility, has been, save and except for the rectification of minor deficiencies and the performance of commissioning, totally completed and is available for use and /or occupation by the City, Board of Police and members of the public, as applicable, in accordance with the requirements of this Agreement and Applicable Laws; bbbb) "Substantial Completion Date" means the date upon which the Police Headquarters achieved Substantial Completion, but for certainty, means November 5,2012; cccc) "Term" means the term of this Agreement as set out in section 2.1; dddd) "Tunnels" means the City's Portion Pedestrian Connection Tunnel and Vehicular Tunnel identified as such on Schedule S and Schedule 9, respectively; eeee) "Underground Parking Garage" means the underground parking garage located on the subsurface Police Headquarters Lands; and ffff) "Vehicular Tunnel" means the subsurface secure underground vehicular tunnel with a grade separated entrance /exit on Carleton Street; (ii) subsurface turning access into the Underground Parking Garage; (iii) subsurface Secondary Exit but, for certainty, excludes any of the Roadways Lands and the Public Plaza Lands. 153 -14- 1.2 Entire Agreement 1.2.1 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. 1.2.2 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. 1.3 Severlbilily 1.3.1 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. 1.4 Conflict among Agreements 1.4.1 For the purpose of this section 1.4 and for greater certainty, the Parties acknowledge that the Occupancy Agreement between the City and the Board of Police, and the Facilities Sharing Agreement between the Board of Police and the Province, and this Agreement, may contain provisions that expand on the provisions of other agreement(s) and impose additional burdens on, or further restrict the rights of a Party hereto, or give a Party hereto additional rights, including additional rights and remedies, all of which provisions are intended to be given full effect according to their terms except to the extent same are expressly in conflict or inconsistent with the provisions of this Agreement which is to govern and prevail. 1.4.2 Each of the City and Province agree that they shall not amend or terminate this Agreement where such amendment or termination will cause additional loss or expense to the City under the Occupancy Agreement or to the Board of Police under the Facilities Sharing Agreement and for purposes of the Law Reform Act, S.N.B. 2011, c. 184, the Board of Police is specifically identified herein as being intended to receive the benefit of performance of the forgoing. 1.5 Conflict with Laws 1.5.1 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. 1.6 Headings and Grammatical Variations 1.6.1 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. 154 -1s- 1.6.2 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. 1.7 Notices 1.7.1 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 City, the City Address to the attention of the Common Clerk or, in the case of service upon the Province, to the Province Address to the attention of the Minister of Transportation and Infrastructure and a mandatory copy to the Provincial Representative. 1.7.2 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. 1.8 GoverninLy Law 1.8.1 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. 1.9 Modifications and Amendments 1.9.1 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. 1.10 Aun� roval 1.10.1 Wherever the provisions of this Agreement require or provide for an Approval by the other Party or to any action or any Person, this Agreement shall be deemed to provide that: 1.10.1.1 Such request for Approval shall be sent to other Party or Person from whom such Approval is requested in writing and shall: 1.10.1.1.1 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; 1.10.1.1.2 clearly set forth the matter or matters in respect of which such Approval is being sought; 1.10.1.1.3 form the sole subject matter of the correspondence containing such request for Approval; and 155 16- 1.10.1.1.4 clearly state that such Approval is being sought; 1.10.1.2 Such Approval shall be in writing; 1.10.1.3 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 a Party); and 1.10.1.4 Any Dispute as to whether or not such Approval has been unreasonably withheld or delayed shall be referred to Dispute Resolution. 1.11 Enurement 1.11.1 This Agreement shall extend to, be binding upon and enure to the benefit of the Parties and their respective successors and permitted assigns. 1.12 Lanauaae 1.12.1 This Agreement is drawn in the English language at the request of all Parties hereto. Ce contrat est redige daps la langue anglaise a la demande de toutes les parties ARTICLE 2 TERM 2.1 Term 2.1.1 The term of this Agreement shall commence on the Effective Date and shall extend until midnight on the 12th day of October, 2043, (the "Expiry Date "), unless sooner terminated or extended as otherwise provided in this Agreement. 2.1.2 The Parties acknowledge that the Police Headquarters has been occupied prior to the Execution Date, and agree that during the period of such occupation up to the Execution Date, the Province shall be deemed to be subject to all the covenants, conditions and agreements set out in this Agreement, including, without limitation, payment of an amount equal to the Annual Service Payment for such period calculated on a pro rata basis, all from the date of the commencement of occupancy to the Execution Date. For greater certainty, the City and the Province acknowledge and agree that the City has been delivering Services for the period commencing on the 1st day of April, 2013 (the "Effective Date ") up to an including the Execution Date. 2.1.3 The operations period (the "Operations Period ") shall commence on the 1St day of April, 2013 and shall extend until the Expiry Date. 2.1.4 The occurrence of a Force Majeure Event will not extend the Term or Operations Period beyond the Expiry Date. 156 -17- ARTICLE 3 STATUS OF PARTIES 3.1 Capacity f Parties 3.1.1 The Parties represent and warrant 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 Authorfty 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 Province 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 Province or any other Department of the Province 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 Province (or any Department of the Province). 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). For greater certainty, the Parties agree they may assign to another related Department of the Province. 3.4.2 The Province 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 Province with a Subcontractor relating to the Province'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. For greater certainty, the Parties agree they may assign to another related Department of the Province. 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 Intere 3.5.1 Notwithstanding and in addition to the foregoing, both Parties shall: 157 5W 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 Province during the course of this Agreement; and 3.5.1.3 Comply with any requirements prescribed by the City or Province to resolve any Conflict of Interest. 3.5.1.4 In addition to all other contractual rights or rights available at law or in equity, either Party may, in its sole and absolute discretion, immediately terminate this Agreement upon giving notice to such Party where: 3.5.1.4.1 either Party fails to disclose an actual or potential Conflict of Interest within ten (10) calendar days of discovering the actual or potential Conflict of Interest; 3.5.1.4.2 either Party fails to comply with any requirements prescribed by the City or Province to resolve a Conflict of Interest; or 3.5.1.4.3 either Party's Conflict of Interest cannot be resolved. This paragraph shall survive any termination or expiry of this Agreement. 3.5.1.5 If applicable, either 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 PAYMENT MECHANISM 4.1 Harmonized Sales Tax and Goods and Services Tax 4.1.1 The City covenants and agrees that it will pay when due the full amount of HST /GST 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 HST /GST properly exigible in respect of the Province's Proportionate Share of the Operating Expenses for the use and access to the Facilities to be provided by the City to the Province pursuant to this Agreement. 4.2 Annual Service Payments 4.2.1 Commencing on the first day of the Operations Period, and continuing for each Contract Year until the Expiry Date, the Province shall pay to the City in accordance with section 4.3 the sum of: 158 -19- 4.2.1.1 The Province's Proportionate Share of the Facilities' Operating Expenses in respect of such Contract Year as determined; and 4.2.1.2 HST /GST on the foregoing; (collectively, for each Contract Year, the "Annual Service Payment "). 4.2.2 The Province's Proportionate Share ( "Province's Proportionate Share ") of the Facilities' Operating Expenses is determined as follows: Province's = 50% of the Facilities' Operating Expenses Proportionate Share Where: Facilities' Operating _ The Facilities' Proportionate Share of the Operating Expenses Expenses for the Police Headquarters Facilities' Total Gross Floor Total Gross Floor Areas of Proportionate Share = Areas of the the Police Headquarters Facilities Parking = 4,4$$.98 m2 Garage Total Gross Floor Areas of the Police _ 1St Floor = 3,0$4.01 m2 - 10,138.97 m2 Headquarters 2nd Floor = 2,218.99 m2 Penthouse = 349.99 m2 Total Gross Floor Areas of the Facilities Holding Facility City's Portion Pedestrian = Connection Tunnel Vehicular Tunnel 159 = 472.97 m2 = 134.99 m2 = 671.97 m2 = 1,279.93 m2 -20- Accordingly: Facilities' = 1,279.93m2 10,138.97 m2 = 12.624% Proportionate Share and Facilities' Operating _ 12.624% of the Operating Expenses for the Police Expenses Headquarters 4.3 Payment of Annual Service Payments 4.3.1 In each Contract Year, the Annual Service Payment shall be payable in equal quarterly instalments (the "Quarterly Payment ") in advance on the first day of the Operations Period and thereafter on the first day of January, April, July and October during the Operations Period. The Quarterly Payment will be adjusted proportionately for any quarterly period which is other than three (3) calendar months. 4.3.2 If the first day of the Operations Period is other than the first day of a quarter in respect of which any item of Quarterly Payment is calculated, or the Expiry Date is other than the last day of a quarter, then unless otherwise provided in this Agreement, the amount of such item of Quarterly Payment payable in respect of such quarter shall be prorated based on the number of days of that quarter. 4.3.3 All payments required to be made by the Province pursuant to this Agreement shall be paid when due, without prior demand and without any abatement, set off, compensation or deduction as it may relate to this Agreement, except as may be otherwise expressly provided herein, at the Department of Finance of the City or at such other place as the City may designate from time to time. 4.3.4 At the City's request, the Province shall make all payments under this Agreement upon receipt of a quarterly invoice by way of electronic funds transfer from the Province's bank account and shall execute and deliver either concurrently with this Agreement or from time to time within seven (7) calendar days following request for it, such documentation as may be required by the City and its bank in order to effect such payments. 4.3.5 No payment hereunder shall be construed as an acceptance or approval of incomplete, defective or improper performance by the City of any of its obligations under this Agreement, nor shall it operate to relieve the City from the performance of any of its obligations under this Agreement which have not been performed. 160 -21- 4.4 Determination of Service Fees 4.4.1 Subject to adjustment in accordance with subsection 4.4.3, for the period commencing on the 1St day of April, 2013 and ending on December 31, 2013, the Province's Proportionate Share of the Facilities' Operating Expenses shall be deemed to be $53,090.86. For greater clarity and subject to adjustment in accordance with subsection 4.4.3, the detailed Estimated Operating Expenses Budget in Schedule 13 represents the estimated operating expenses budget for the year 2013 and the City shall invoice the Province all HST /GST applicable on the Province's Proportionate Share of the Facilities' Operating Expenses for the period mentioned in this subsection 4.4.1. 4.4.2 Subject to the adjustment in accordance with subsection 4.4.3, for the period commencing on January 1, 2014 and ending on the expiry of the Operations Period, the Province's Proportionate Share of the Facilities' Operating Expenses for each such Contract Year shall be determined as follows: 4.4.2.1 On or before November 15 prior to the start of each Contract Year, the City shall compute and deliver to the Province a reasonable bona fide estimate of the Facilities' Operating Expenses for the upcoming Contract Year. In the event the City does not deliver such estimate to the Province by such date, the estimate of such Facilities' Operating Expenses for the upcoming Contract Year shall be the same as the estimate of such Facilities' Operating Expenses for the then current Contract Year as set out in the Payment Adjustment Report. 4.4.2.2 Commencing on January 1 of such Contract Year, the Province shall pay to the City the Annual Service Payment based on the estimate of the Facilities' Operating Expenses set out in paragraph 4.4.2.1 for such Contract Year in the manner provided herein. 4.4.2.3 In the event the Province disputes the City's estimate of the Facilities' Operating Expenses for the upcoming Contract Year, it may refer the matter to Dispute Resolution. In the event the matter is referred to Dispute Resolution, until the estimate of such operating expenses for the upcoming Contract Year are determined thereby, the Province shall pay the estimate of such operating expenses set out in paragraph 4.4.2.1 and, upon the determination of the estimate of such operating expenses for the upcoming Contract Year thereby, the City and the Province shall make the necessary adjustments retroactive to the first day of such Contract Year. 4.4.3 On or before one hundred twenty (120) calendar days following the end of each Contract Year, the City shall provide to the Province reasonable documentation of the actual costs and expenses incurred by the City (including such reasonable detail of the method by which the same are calculated) in respect of the Facilities' Operating Expenses for such Contract Year (the "Payment Adjustment Report "). Subject to subsection 4.4.4, on or before sixty (60) calendar days following delivery of the Payment Adjustment Report: 161 -22- 4.4.3.1 If the aggregate amount of the Annual Service Payment made by the Province in any Contract Year should be less than the Annual Service Payment as determined based on the Province's Proportionate Share of the Facilities' Operating Expenses due for such Contract Year pursuant to the Payment Adjustment Report, then the Province shall pay to the City the amount of such deficiency; or 4.4.3.2 If the aggregate amount of the Annual Service Payment made by the Province in any Contract Year should be greater than the Annual Service Payment as determined based on the Province's Proportionate Share of the Facilities' Operating Expenses due for such Contract Year pursuant to the Payment Adjustment Report, then the City shall credit to the Province the amount of such excess provided the Province is not otherwise in default under the terms of the Agreement for the Province's Proportionate Share of the Facilities' Operating Expenses for the upcoming Contract Year; 4.4.4 If the Province, acting in good faith, disputes all or any part of a Payment Adjustment Report, it shall notify the City in writing of that part of the amounts (insofar as at the time of such notice the Province is reasonably able to quantify same) which the Province disputes and submit to the City such supporting documentation as is reasonably required to substantiate and confirm such claim. For greater certainty, any amounts set out in the Payment Adjustment Report which are not in Dispute shall be paid in accordance with subsections 4.4.3 hereof. 4.4.5 The Parties shall use commercially reasonable efforts to resolve the Dispute referred in subsection 4.4.4 within ten (10) calendar days of the aforesaid notice of the Dispute. If the Parties fail to so resolve the Dispute within such period, the Dispute shall be referred for Dispute Resolution. Following resolution of the Dispute, any amount which has been paid by the Province that is determined not to have been payable shall be paid or credited forthwith by the City to the Province, together with interest on such amount computed on the basis that the date on which payment was initially made by the Province was the date of the overpayment by the Province and any amount which has been withheld by the Province, that is determined to have been payable, shall be paid forthwith by the Province to the City, together with interest on the basis that the date on which such withheld amount should have been paid was the date upon which such amount became payable to the City. 4.5 Interest on Overdue Amounts 4.5.1 The City is entitled to receive interest at the rate of two percent (2 %) per annum above the Canadian Prime Rate for any overdue payments or other amounts due to the City hereunder, computed monthly in arrears on the last day of each and every month, before and after maturity, default and judgement. 162 -23- 4.6 Set Off 4.6.1 The Parties agree that their rights of set off at law or in equity are limited as follows: 4.6.1.1 To the right of the City to set off against any amounts otherwise due to Province pursuant to the terms and conditions of this Agreement any amounts which are due to City by the Province pursuant to the terms of this Agreement; and 4.6.1.2 To the right of Province to set off against any amounts otherwise due to the City pursuant to the terms and conditions of this Agreement, any amounts which are due to Province by the City pursuant to the terms of this Agreement. 4.7 Chance Reauests 4.7.1 Either Party 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. 4.7.2 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 each Party has signified its acceptance of the Change Request in writing. 4.8 Notice of Change 4.8.1 The City shall promptly notify the Province 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 Operating Expenses relating to the Facilities, and shall seek instructions as to whether to proceed to implement such change which will impact the Operating Expenses of the Facilities and the use and access to the Facilities (the "Notice of Change"). 4.9 Pricing for han es 4.9.1 Where a Party's Change Request includes an increase or decrease in the scope of the previously contemplated Operating Expenses relating to the Facilities, the City 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 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. 163 -24- 4.9.2 The Parties acknowledge that any Change Request must be approved by the other Party where (i) the costs of such Change Request has not been budgeted and approved by the City or the Province for each such Contract Year or (ii) in accordance with the Policy for Procurement of Goods, Services and Construction. 4.9.3 The Parties acknowledge that any Change Request must be approved by (i) the City and the Province or (ii) the City Manager and the Minister of Transportation and Infrastructure where the costs of such Change Request has been budgeted and approved by the City and the Province for each such Contract Year or (iii) in accordance with the Policy for Procurement of Goods, Services and Construction. 4.10 Scope Changes 4.10.1 The City, acting reasonably, shall determine whether or not any other matter has arisen which constitutes a Scope Change for purposes of this Agreement. 4.10.2 If a matter constitutes a Scope Change, the appropriate change will be made to the Annual Service Payment, Quarterly Payments, Operating Expenses, Province's Proportionate Share of the Operating Expenses, the time frames for the performance of the relevant obligation(s), and /or the use and access to the Facilities, and /or any other relevant portions of this Agreement, as the case may be. 4.10.3 Subject to subsections 4.9.2 and 4.9.3, in the case of a Change Request or other Scope Change, the City shall use commercially reasonable efforts to obtain the best value for money when procuring any work, services, supplies, materials or equipment and will comply with Good Industry Practice, the Policy for the Procurement of Goods, Services and Construction and use commercially reasonable efforts to mitigate all costs associated therewith. 4.10.4 If the Parties are unable to agree that a matter constitutes a Scope Change or agree that a matter constitutes a Scope Change but are unable to promptly agree upon the necessary change in the Annual Service Payments, Quarterly Payments, Operating Expenses, Province's Proportionate Share of the Operating Expenses, the time frames for the performance of the relevant scheduled obligation(s), and /or the use and access to the Facilities, and /or any other relevant portions of this Agreement, as the case may be, arising as a result of the Scope Change, the City's determination as to the matter(s) in issue shall be final and binding for all purposes of this Agreement unless the Province refers the matter for Dispute Resolution. 4.10.5 If it is agreed between the Parties, or determined by way of Dispute Resolution, there has been a Scope Change which requires an adjustment to be made to the Annual Service Payments, and /or Quarterly Payments, and /or Operating Expenses, and /or Province's Proportionate Share of the Operating Expenses, the Parties agree that the intention of this Agreement is that the City should receive such compensation as would place the City in no better or no worse position than it would have been in, had the relevant Scope Change not occurred. 164 -25- ARTICLE 5 TERMINATION AND DEFAULT 5.1 Termination for Default 5.1.1 The Parties agree that upon the occurrence of any of the following events, the City shall have the right to terminate this Agreement in its entirety by giving one hundred eighty (180) calendar days' written notice to the Province: 5.1.1.1 The Province's failure to pay any amount when due hereunder; or 5.1.1.2 The Province's default in performing and observing any of the terms, covenants, warranties or conditions of this Agreement (except as otherwise expressly listed in this subsection 5.1.1.1) and the Province's subsequent failure to cure any such default within thirty (30) calendar days after the receipt of notice thereof (or such shorter period as may be provided in this Agreement) or if such default cannot reasonably be remedied within thirty (30) calendar days or such shorter period, the Province fails to commence to remedy such breach within such thirty (30) calendar days or shorter period or thereafter fails to proceed diligently to remedy such breach. 5.2 Annual Service Payment and Costs on Termination 5.2.1 Notwithstanding any termination of this Agreement, the City shall be entitled to receive the Annual Service Payment up to the time of termination and, in the event of termination in accordance with section 5.1, damages including, without limitation: (i) costs relating to the default of reclaiming and repairing the Facilities; and (ii) legal fees and disbursements on a solicitor and client basis without duplicating of any such costs recovered by the City under any other agreement. 5.3 Additional Remedies on Default 5.3.1 In addition to the right to terminate set out in section 5.1, the Parties agree that: 5.3.1.1 The City may withhold any Services and additional services (including, without limitation, denying access to the Police Headquarters and /or the Facilities and /or the Police Headquarters Lands), at any time should the Province be in default of any payment hereunder or in default of any other provision of this Agreement; and 5.3.2 In addition to the right to terminate set out in section 5.1, the Parties agree that the City shall have the following rights and remedies, exercisable immediately and without further notice and at any time while the default continues: 5.3.2.1 To remedy or attempt to remedy the default for the account of the Province. The City shall not be liable to the Province for any loss, injury or damages caused by acts of the City in remedying or attempting to remedy 165 -26- the default. The Province shall pay to the City, on demand, all expenses incurred or to be incurred by the City in remedying the default; and 5.3.2.2 To recover from the Province all damages, costs and expenses incurred or to be incurred by the City as a result of the default including any deficiency between those amounts which would have been payable by the Province for the portion of the Term following such termination and the net amounts actually received by the City during such period of time with respect to the Police Headquarters and /or the Facilities. 5.4 Termination of Occupancy Agreement 5.4.1 In the event the Occupancy Agreement is terminated in accordance with the provisions as set out in Article 8 of the said agreement, the City shall have the right to terminate this Agreement in its entirety by giving thirty (30) days' written notice to the other Parry. 5.4.2 In the event of dissolution, or consolidation, or merger, or amalgamation of the Board of Police, the Parties agree that the terms and conditions of this Agreement shall continue until the new respective parties have entered into an agreement regarding the cost sharing of the Operating Expenses of the Facilities. ARTICLE 6 DISPUTE RESOLUTION 6.1 Dispute Resolution Procedure 6.1.1 The Parties shall attempt to negotiate all Disputes in good faith. 6.1.2 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 11. ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 Confidentiallnformation 7.1.1 During and following the Operations Period, each Party for itself and on behalf of its employees, directors, partners, officers, agents, boards, departments, commissions, representatives, advisors or Subcontractors shall: 7.1.1.1 Keep all Confidential Information confidential and secure; 7.1.1.2 Limit the disclosure of Confidential Information to only those employees, directors, partners, officers, agents, boards, departments, commissions, 166 -27- representatives, advisors or Subcontractors who have a need to know it in order for either Party to perform the Services hereunder; 7.1.1.3 Not directly or indirectly disclose, destroy, exploit or use any Confidential Information (except for the purpose of providing the Services, or except if required by order of a court or tribunal having jurisdiction or Applicable Laws), without first obtaining: 7.1.1.3.1 the written Approval of the other Party; and 7.1.1.3.2 in respect of any Confidential Information relating to any third party, the written approval of such third party; 7.1.1.4 Provide Confidential Information relating to this Agreement reasonably required by the other Party; and 7.1.1.5 Return all Confidential Information to the other Party on or before the termination or expiry of the Term, with no copy or portion kept by the other Party. The Parties shall ensure that those of its employees, directors, partners, officers, agents, boards, departments, commissions, representatives, advisors or Subcontractors who have been provided with Confidential Information will keep all Confidential Information confidential and secure in accordance with the requirement of this Agreement and that all such Confidential Information shall be returned to the Parties before the termination or expiry of the Term. 7.2 No Copying 7.2.1 The Parties for themselves and on behalf of its employees, directors, partners, officers, agents, boards, departments, commissions, representatives, advisors or Subcontractors shall not copy any Confidential Information, in whole or in part, unless copying is essential for the provision of the Services or use and access to the Facilities. On each copy made by any Party, the Party must reproduce all notices which appear on the original and treat each copy of Confidential Information as if it were the original. 7.3 Injunctive Relief 7.3.1 The Parties acknowledge that breach of any provisions of this Article 7 may cause irreparable harm to the other Party or to any third party to whom the Parties owe a duty of confidence, and that the injury to the other Party or to any third party may be difficult to calculate and inadequately compensable in damages. 7.3.2 The Parties agree that they are entitled to obtain injunctive relief (without proving any damage or harm sustained by it or by any third party) or any other remedy against any actual or potential breach of the provisions of this Article 7. 167 IM 7.4 Notice and Protective Order 7.4.1 If a Party or any of its employees, directors, partners, officers, agents, boards, departments, commissions, representatives, advisors or Subcontractors becomes legally compelled to disclose any Confidential Information, such Party will provide the other Party with prompt notice to that effect in order to allow such Party to seek one or more protective orders or other appropriate remedies to prevent or limit such disclosure, and it shall co- operate with the other Party and its legal counsel to the fullest extent. 7.4.2 If such protective orders or other remedies are not obtained, the disclosing Party will disclose only that portion of Confidential Information which such Party is legally compelled to disclose, only to such person or persons to whom such Party is legally compelled to disclose, and such Party shall provide notice to each such recipient (in co- operation with legal counsel for the other Party) that such Confidential Information is confidential and subject to non - disclosure on terms and conditions equal to those contained in this Agreement and, if possible, shall obtain each recipient's written agreement to receive and use such Confidential Information subject to those terms and conditions. 7.5 Survival 7.5.1 The provisions of this Article 7 shall survive any termination or expiry of this Agreement. 7.6 No Waiver 7.6.1 The failure of a Party 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 from time to time 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. 7.7 Remedies Cumulative 7.7.1 No reference to or exercise of any specific right or remedy by a Party shall prejudice or preclude such Party 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 Province generally at law or in equity. 7.8 Survival of Obligations 7.8.1 All of the obligations, representations and warranties of a Party accruing hereunder during the existence of this Agreement or any renewal or extension thereof shall survive the termination or expiration of the Term. HE -29- 7.9 Force Majeure Event 7.9.1 No Party 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 Province from payment of the Annual Service Payment and other amounts payable hereunder. 7.10 Further Acts 7.10.1 The Parties shall at all times and from time to time hereafter and upon every reasonably written request to do so, make, do, execute, deliver or cause to be made, done, executed and delivered all such further acts, deeds, assurances and things as may be required to more effectively implement and carry out the true intent and meaning of this Agreement. 7.11 Counterpart 7.11.1 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. [End of Agreement] 169 - 30- IN WITNESS WHEREOF the Parties hereto have caused these presents to be executed by their authorized representatives. The City of Saint John has caused its corporate seal to be affixed as of the day and year first above written. SIGNED, SEALED & DELIVERED In the presence of: THE CITY OF SAINT JOHN Mel K. Norton, Mayor Jonathan A. Taylor, Common Clerk Common Council Resolution: November [r], 2013 HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF NEW BRUNSWICK The Honourable Claude Williams Minister of Transportation and Infrastructure 170 -31- 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 Claude Williams, Minister of Transportation and Infrastructure for the Province of New Brunswick. 2. That the signature of "Claude Williams" set and subscribed to the said Instrument is the signature of the said Claude Williams 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 November, 2013. Commissioner of Oaths, 171 Police Headquarters Operating Costs Agreement Schedule 1 SCHEDULE 1 POLICE HEADQUARTERS LANDS 172 meter. 20 0 20 40 60 80 173 Police Headquarters SCHEDULE 2 LAW COURT FACILITY LANDS 174 Operating Costs Agreement Schedule 2 I I I F I � Ali � I I Low Court FacilNq' 'I vadl ri iL Centre Cacantmnal ! I I I � I I cw}a 9ai t ,btr. — hn Ail_ i C II I I� �� � union slr..t POMM LO 0 20 40 60 80 1 10C)a meters 175 Police Headquarters SCHEDULE3 PUBLIC PLAZA LANDS 176 Operating Costs Agreement Schedule 3 20 0 20 40 60 80 QOQ MEL-AM -M meters 177 Police Headquarters SCHEDULE 4 ROADWAYS LANDS 178 Operating Costs Agreement Schedule 4 ! ! 2D 40 •/ :i tieters 179 Police Headquarters Operating Costs Agreement Schedule 5 SCHEDULES CITY'S PORTION PEDESTRIAN CONNECTION TUNNEL HE 181 Police Headquarters Operating Costs Agreement Schedule 6 SCHEDULE 6 PROVINCE'S PORTION PEDESTRIAN CONNECTION TUNNEL 182 183 Police Headquarters SCHEDULE 7 MATCH LINE HE Operating Costs Agreement Schedule 7 185 Police Headquarters SCHEDULE 8 HOLDING FACILIT :. Operating Costs Agreement Schedule 8 187 Police Headquarters SCHEDULE 9 VEHICULAR TUNNEL HE Operating Costs Agreement Schedule 9 um Police Headquarters Operating Costs Agreement Schedule 10 SCHEDULE 10 POLICE HEADQUARTERS 190 CARLETON 11 REET 191 UNION STREET Police Headquarters Operating Costs Agreement Schedule 11 SCHEDULE 11 DISPUTE RESOLUTION PROCEDURE 192 A. Referral to Senior Managemen 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) calendar days of notice from one Party to the other be referred for resolution to the City Manager and the Chairperson. 2. If the City Manager and Chairperson are not able to resolve the Dispute referred to them under this Section A within seven (7) calendar days following such referral, the matter shall be referred for resolution by way of mediation upon the willingness of the Parties. B. Mediation A Party may apply to a court of competent jurisdiction or other competent authority for interim measures of protection at any time. 2. If the Parties resolve to mediate the Dispute referred to them under paragraph A.2, the Parties shall invoke the following mediation process: B.2.1 Either Party shall immediately declare an impasse and provide written notice to the other within seven (7) calendar 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: 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 area of the Dispute; and ii. unless otherwise agreed by the Parties, with no prior connection, affiliation or other formal relationship with either Party. B.2.2 Upon receipt of such notice, the notified Party shall have two (2) calendar days to select one of the proposed mediators as the mediator, failing which the Party providing notice shall select one of its proposed mediators as the mediator. Within ten (10) calendar days following selection of the mediator the matter shall be heard by the mediator; and 193 -2 B.2.3 The mediator shall be entitled to establish his or her own practices and procedures. Each Party shall co- operate fully with the mediator and shall present its case to the mediator orally and /or in writing within ten (10) calendar 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 ten (10) calendar days following the last of such presentations. The fees of the mediator shall be shared equally by the Parties. 3. The mediation shall be terminated: B.3.1 By the execution of a settlement agreement by the Parties; or B.3.2 By a written declaration of one or more Parties that the mediation is terminated; or B.3.3 By a written declaration by the mediator that further efforts at mediation would not be useful. 4. The place of mediation shall be the City of Saint John and Province of New Brunswick. C. Arbitration 1. In the event that the Parties are unwilling to mediate their Dispute or that the Dispute between the Parties remains unresolved after mediation has been attempted in good faith, then either the City or Board of Police, upon written notice to the other, may refer the Dispute for determination to a Board of Arbitration (the "Tribunal ") consisting of three persons, one chosen by and on behalf of the City, one chosen by and on behalf of the Board of Police and the third chosen by these two arbitrators. The arbitrators shall have at least ten (10) years' experience working in an executive capacity or representing clients in the area of public disputes and /or the related area of the Dispute. 2. 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. 3. 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. 194 -3- 4. Notwithstanding the provisions of the Arbitration Act (1992), New Brunswick, the Tribunal, upon such terms 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 Tribunal considers the delay in amending or supplementing such statements to be prejudicial to a Party. The Tribunal will not permit a Party to amend or supplement its claim, defence or reply once the arbitration hearing has been scheduled. 5. The Tribunal 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. 6. If, during the arbitration proceedings, the Parties settle the Dispute, the Tribunal 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. 7. Subject to paragraph C.8, any determination made by the Tribunal shall be final and binding upon the Parties and the cost of such determination shall be apportioned as the Tribunal may decide. 8. Either 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. 9. 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. 195 Police Headquarters SCHEDULE 12 OCCUPANCY AGREEMENT 196 Operating Costs Agreement Schedule 12 THE CITY OF SAINT JOHN and — BOARD OF POLICE COMMISSIONERS FOR THE CITY OF SAINT JOHN :a,AINT JOHN POLICE HE AD QUARTERS 0CCU PAN CY AGRE EMENT 197 Table of Contents ARTICLE 1 INTERPRE'T'ATION AND GENERAL PROVISIONS .......................................••..••••.. .............................•• . 2- 1.1 DEFINED TERNIs ................................................................................................................. ............................... 2- 1.2 ENTIREAGREEMEW .............. ................................................................................................................... ...... .17- 1.3 SEVERABIL17Y .................................................................................. ............................... ............................. -17- 1ACONFLICT AMONG AGREEMENTS ........................................................................................ ............................... -17- 2.5 CONFLICT wrrHLAWs .....................................................................................................................................-18- 1.6 HEADINGS AND GRAMMATICAL VARIATIONS ............... ... ..................................................................................... -18- 1.7 NO- nCE5 ....................................................................................................................... ............................... 2.8 GOVERNING LAW .................... . ........................................................... .. ............... . .................................. ....... -18 1.9 MODIFICATIONS AND AMENDMENTS ................................................................................... ............................ -18 - 1.10 APPROVAL ................................................................................................................................................19- 1.11 ENUREMENT ...... ...................................................................................................... ............................ 19 - 1.12 LANGUAGE ................................................................................................................ ............................... -119- ARTICLE2 TERM, GRANT OF LICENSE AND CONSENT OF SUBLICENSE............................... ....... ........................ - 20 - 2.1 TERM ............................................................................................................................. ............................... 20- 2.2 GRAD[ TofLJCENSE .... ............................................................... .. ......................................................... ........... .20- 2.8 CONSENTTO SUBLICENSE ................................................................................................. ............................... 22 - 2ARESTRICTIDN ON SUBLICENSE ............................................................................................. ............................... 23- 2.5 RIESTRICTED ACCESS ......................................................................................................... ............................... - 24- 2.6 No ENCUMBRANCES ........................................................................................................................................24- ARTICLE3 SCOPE OF WORK, DESIGN ISSUES AND WARRANTIES ....................................... ............................... 25- 3.1 CITY'S SCOPE OF WOR L ........... ............................... ........................................................ ............................... - 25- 3.2 DESIGN ISSUES ......................... . ......... . ............... .... ..................................................... . ................................. .25- 3.3 WARRANTIES ...................................................... . .................................................................... I ..................... . 27- ARTICLE 4 MANAGEMENT SPECIFICATION AND LEED ....................................................... ............................... - 27- 4.1 MANAGEMENTSRECIFICATION .......................................................................................... ............................... 27- 4.2 LEADERNiIP IN ENERGY AND ENVIRoNmENTAL DESIGN ........................................................... ............................... 28- ARTICLE5 PAYMENT MECHANISM ........................ .. ..... „ ... .. .... .... ...... ..... ... .... ............. .. ......................... .......... - 23- 5.1 HARMONIZED SALES TO AND GOODS AND SERVICES TA%. ..................................................................................... . 28- 5.2 ANNUAL SERVICE PAYMENTS ....................... ..................................................................... ............................... 29- 5.3 PAYMENTCF ANNUAL SERVICE PAYMENTS ...... .................................................................. ............................... - 29- 5.4 DETERMINATION OF OPERATING EXPENSES .............................................................................. ............................30- 5-5 INTEREST ON OwRDIit AMOUNTS ..................................................................................... ............................... - 31- 5.6 SET OFF ..................................................................... •................................................................................-32- 5.7 CHANGE REQUESTS .......................................................................................................... ............................... 32- 5.8 NOTICE OF CI IAN + 5� ......................................................................................................... ............................... - 32 - 5.9 PRICING FOR CHANGES ...................................................................................................... ............................... 32. 5.10 SCOPE CHANGES .................................................. . .................................................................................... .33 - ARTICLE6 REQUIRED CONDITION PROVISIONS............................................... ................. ............................... - 34 - 6.1 REQUIRED CONDITION ..................................................................................................... ............................... - 34- ARTICLE7 INSURANCE AND INDEMNITY .......................................................................... ........................ »...... -35. 7.1 C17Y PROPERTY INSURANCE ............................................................................................. ............................... 35 - 7. 2 CITY LIABILITY INSURANCE .................................................................................................. .............................. . 36- 7,3 BOARD OF POLICE SUBCONTRACTOR LIABILITY INSURANCE ....... .........................•.............•••••.. ............................... 38- 7.4 PERIODIC REVIEW OF INSURANCM ........................................................................................ ............................-40 - Im 11E 7.5 INDEMNITY ................................... ............................... AND THIS INDEMNITYSHAH SURVIVETHE EXPIRY OR SOONERTERMINATION OFTHIS AGREEMENT ........................................... M-42- ARrICLE8 TERMINATION AND DEFAULT ........ .. ... .. ..... .................... Y...................... Y....... ...................Y........... - 4E - 8.1 TERMINATXIN FOR DEFAULT ............ ............................... ....... .42- 9.2 A NUALSERVME PAYMENTAND CDm ON TERMINATION ...... ............................... 83 ADDITIONAL REMEDIES ON Dmurr ................................... .................................................. ............................ -43 - ARTICLE9 DISPUTE RESOLUTION .uuu. Y.....ou....YY.. .............wY. Y... M.. ........YO.....w........boo..... «u..... ....44- 9.1 DISPUTE RESOLUTION PROCEDURE ............ ............................... ARTICLE 10 BOARD OF POLICE COVENANTS ..... .. ... ........ ..... Y..«................ w/./............ .........wo............ ... Y....... - 44- 10.1 COVENANTS... ................................. r............. Y............... Y......................... ................................ •r. -44- 10.2 DEuvERfr .......................................................................................................,............. - 103 CABLE, TELEPHONE OR OTHER TELECOMMUNICATION SERVICES ........ ............................... 10.4 MARIRENANCEAND REPAIR BY BOARD OF POLICE .............................................................. ..........• ................... .45 - 10.5 ALTERATIONS BY BOARD OF POLICE ................................................................................ ............................. -- - 10.6 NmTtTci BY BOARD OF POLICE .................. ............ .................................................... ............................... - 45- 10.7 USE .......... ............................... ...................................................................... ............................... .46- 20.8 COMPUANCEWP TH LAWS .................................................................... ............ ............................... ..........-46- 113.9 NUISANCE, INTERFERENCE, WASTE OVERLOADING ......................................................... ..............................• -46 - 10.10 RULES AND REGUTATTOAIs ............................................................................................... .............................46- AiMCLE11 DAMAGE AND DESTRUCTION ..... ..... Y ............ Y.... Y......... Y........... Y ................. ..Y .......................... . 47. 11.1 DAMAGE TO POLICE HEADQUAKrERS .............................................................................. ............................... 47- 11.2 TERMINATION RIGHTS ............................ .................................................................... .............................47- 11.3 CITIrs RIGHTS ON REBum DING .................................................................................... ............................... 48- ARTICLE12 MISCELLAREOUS PROVISIONS ..... Y...... ........ ................................. Y. Y............. .............................41- 12.1 ASSIGNMENr ............................................................................................................... .............................48- 12.2 STRILTPERFORMANCE ............................................................................................... ............................... 49- 12.3 REMEDIES CUMULATIVE ............................................................................................... ............................... 49- 12.4 SURVIVALOFOBLIGATIONS .........................................................................................................................-49- 12.5 FORCE MAIEURE EVENT .............................................................................................. ............................... -49- 12.6 NO WAIVER ..................................................................................................... ..................0............ . 49- 12.7 REGISImmm ......................................................................................................... ............................... - so- 118 COUNl RPARTS ............................................................................................... ............................... 199 SAINT JOHN POLICE HEADQUARTERS OCCUPANCY AGREEMENT THIS OCCUPANCY AGREEMENT (the "AgreemenVI made in triplicate effective as of the day of August, 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 "C1W OF THE FIRST PART -AND- BOARD OF POLICE COMMISSIONERS FOR THE CITY OF SAINT JOHN, having been established by resolution of the Common Council of The City of Saint John on the 17th day of February, 1998, pursuant to the subsection 7(1) of the Police Act, S.N.B. 1977, c. P -9.2, hereinafter called the "Board of Police" OF THE SECOND ,PART WHEREAS the City is the owner of the building municipally known as Civic No., 1 Peel Plaza, Saint John, New Brunswick, with related facilities including without limitation, the Police Headquarters and the Facilities, are situated on Police Headquarters Lands; AND WHEREAS the City desires to enter into this Agreement with the Board of Police in order to define the duties of the City and Board of Police concerning the operation, use and maintenance of the Police Headquarters; AND WHEREAS by virtue of Transfer No. 28803014, dated June 19; 2010 and registered in the Saint John Land Titles Office on June 4, 2010, the City benefits from an easement and rights to construct, use, alter, maintain, inspect and repair underground tunnels and passageways for the movement of persons in, over and through lands bearing Service New Brunswick Parcel Identifier No. 55205876 owned by Her Majesty the Queen in Rights of New Brunswick; AND WHEREAS the Common Council on July 15, 2013, resolved that: a) To approve the submitted text of the Occupancy Agreement between The City of Saint John and the Board of Police Commissioners for The City of Saint John, in relation to the operation, use and maintenance of the. Police 200 -2- Headquarters located at Civic No. 1 Peel Plaza, Saint John, New Brunswick, the text of which accompanies the City Manager and City Solicitor's correspondence in this matter to Common Council, dated July 10, 2013; b) The parties will not execute the Occupancy Agreement in such time that the Province of New Brunswick has granted in favour of The City of Saint John an easement in order to enter the Law Courts Facility Lands to construct alter, maintain, inspect and repair that portion of the City's Portion Pedestrian Connection Tunnel within the Law Court Facility Lands; and c) The Mayor and Common Clerk be authorized to execute the Occupancy Agreement AND WHEREAS the Board of Police on November b, 2012, resolved: a) That the Saint John Board of Police Commissioners approve in principle for the execution of the proposed Occupancy Agreement with the City of Saint John for ONE Peel Plaza, subject to a review of the final document and approval of the agreement by Common Council. NOW THEREFORE THIS AGREEMENT WITNESSETH 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 iii this Agreement, the following words or expressions have the following meanings: a) "Administration Fees" has the meaning ascribed thereto in Schedule 12; b) "Agreement" means this Agreement and all accompanying Schedules; C) "Alterations" has the meaning ascribed thereto in subsection 10.5.1; d) "Annual Service Payments" means the annual payments which the Board of Police is required to pay to the City, in accordance with section 5.2; and "Annual Service Payment" shall have a corresponding meaning; e) "Applicable Laws" means all applicable requirements, laws, statutes, codes, acts, ordinances, orders, decrees, by -laws, rules, regulations, permits, licenses, authorisations, directions, and agreements with all Governmental Authorities that now or at any time hereafter may be 201 -3. applicable to either this Agreement or the terms and conditions or any part of them set out in this Agreement; and "Applicable Law" means any one of them; f) "Approved" or "Approval" and similar expressions means approval or consent in accordance with the procedures set out in section 1.10 unless otherwise provided herein; g) "Approved Change Request" means a Change Request which has been Approved in accordance with section 5.7; h) "Architect of Record" means in the case of, and in relation to all matters pertaining to the Police Headquarters, A.F.S. Inc., architecture & design or any successor thereto; i) "Board of Police" means the Board of Police Commissioners for the City and includes for the purpose of this Agreement the SJPF established and maintained by the Board of Police pursuant to subsection 7(1.1) of the Police Act; D "Board of Police Address" means 1 Peel Plaza, Saint John, New Brunswick, E2L OE1; k) "Board of Police Advisors" means, collectively, the agents, advisors, consultants, engineers, auditors, employees, representatives, contractors, Subcontractors and workers, as the context may require, of Board of Police, and all others for whom Board of Police is responsible at law; and "Board of Police Advisor" means any one of them; i) "Board of Police Assets" means all assets installed, to be installed or placed by the Board of Police within the Police Headquarters throughout the Term of this Agreement, which have been acquired by the Board of Police, including those maintained assets listed in Schedule 13; M) "Board of Police Notice" means a written notice given to the Chairperson of the Board of Police by the City pursuant to subsection 11.2.1; n) "Board of Police Operations" means all activities and operations of the Board of Police permitted under this Agreement or provided by or maintained by or on behalf of the Board of Police despite being prohibited under this Agreement or not being addressed under this Agreement, o) "Business Day" means any day of the weep Monday to Sunday, including statutory holiday under the laws of Canada or the Province of New Brunswick or a civic holiday proclaimed by the City; P) "Business Hours" means 8:30 a.m. to 4:30 p.m. of any Business Day; 202 -4- q) 'Canadian Prime Rate" means that rate of interest per annum established and announced from time to time by the Bank of Nova Scotia as its reference rate of interest for the determination of interest rates that such bank will charge to customers of best degree of credit worthiness in Canada for Canadian dollar demand loans; r) "Chairperson" means the chairperson of the Board of Police appointed by resolution by the Board of Police or his/her designate; S) "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 Effective Date of this Agreement; t) "Change Request" means a written request prepared by or on behalf of the City or the Board of Police; 0 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 fii) 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 Board of Police, each acting reasonably; U) "City" means The City of Saint john, New Brunswick; V) "City Address" means City Hall Building, 15 Market Square, P.O. Box 1471, Saint John, New Brunswick EZL 4L1; W) 'City Advisor" means, collectively, the agents, advisors, consultants, engineers, Architect of Record, auditors, employees, representatives, contractors, Subcontractors and workers, as the context may require, of the City, and all others for whom the City is responsible at law; and "City Advisors" means any one of them; X) "City Manager" means the city manager of the City appointed by resolution by Common Council, or his/her designate; Y) "City's Portion Pedestrian Connection Tunnel" means the subsurface pedestrian tunnel connecting the Police Headquarters and the Law Court 203 -5- Facility up to the Match Line, marked in yellow and identified as such on Schedule 5; z) "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; aa) 'Commissioning" means the commissioning activities, including the Commissioning Tests, to be undertaken by the City to ensure that all of the building and other systems of the Police Headquarters operate and have been designed and constructed in accordance with the Existing Design and, that the Police Headquarters is capable of performing in accordance with and meeting the requirements of the Police Headquarters Management Specification; bb) "Commissioning Tests" means, in relation to the Police Headquarters, all commissioning tests: i) Described in the Existing Design and /or, where applicable, as may be required to establish any baselines required under the Police Headquarters Management Specification; ii] Required under Applicable Laws or pursuant to any Governmental Authorization; iii) Recommended by the manufacturer of any part of the plant or equipment required to be incorporated therein by the City; or IV) Reasonably required to be included in the Commissioning program by the City, cc) "Common Clerk" means the common clerk or the assistant common clerk of the City appointed by resolution by Common Council; dd) "Common Council" means the elected municipal council of the City, ee) "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 204 -6- 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; ff) "Demand Maintenance" has the meaning ascribed thereto in subparagraph 4.2.5.3 in Schedule 12; and "Service Request" or "Service Requirements" has a corresponding meaning; gg) "Design Issues" has the meaning ascribed thereto in subsection 3.2.1; hh) "Detainees" mean those individuals in custody that are detained by the SJPF in the Folding Facility, during Business Hours, on any Business Day; and "Detainee" has a corresponding meaning; ii) "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" has a corresponding meaning; jj) "Dispute Resolution" has the meaning ascribed thereto in the Dispute Resolution Procedure; kk) "Dispute Resolution Procedure" means those dispute resolution procedures ascribed thereto in Schedule 11; and "Dispute Resolution Procedures" shall have a corresponding meaning; 11) "Effective Date" has the meaning ascribed thereto in subsection 2.1.2, but for certainty, means November S, 2012; mm) "Encumbrance" means any mortgage, lien, pledge, judgment, execution, charge, security interest, restriction, claim or encumbrance of any nature whatsoever, including claims; nn) "Equipment" has the meaning ascribed thereto in subsection 2.2.2; oo) "Equipment Site" has the meaning ascribed thereto in subsection 2.2.2; pp) "Execution Date" means the date this Agreement is executed and delivered by all of the Parties hereto. qq) "Existing Design" means the drawings, specifications, addenda, and other documentation for the Police Headquarters filed with the Common Cierles Office as File 184, Number 1222SQ, and includes, all change orders during the construction; rr) "Expert" has the meaning ascribed thereto in paragraph 11.1.1.1; 205 -7- ss) "Expiry Date" has the meaning ascribed thereto in subsection 2.1.1; tt) "Facility" Individually means any of the Holding Facility, Vehicular Tunnel, and City's Portion Pedestrian Connection Tunnel; and "Facilities" means all of them; uu) 'Facilities Sharing Agreement" means the agreement to be entered between the Board of Police and the Province as represented by the Minister of justice and Attorney General, fur the use, access and associated expenses of the Facilities and Underground Parking Garage; vv) "Force Kajeure Event" or "Force Majeure" means the occurrence after the Effective Date of this Agreement 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; fl) Nuclear or radioactive contamination of the Police Headquarters, and /or a Facility, and /or the Law Court Facility; iii) Chemical or biological contamination of the Police Headquarters, and /or a Facility, and /or the Law Court Facility 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 Security Services, or any other services provided in the Police Headquarters, and /or a Facility, and /or the Law Court Facility; 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 206 _g- C) the lack or insufficiency of funds or failure to make payment of monies or provide required security; ww) "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 and works comparable in size, scope and complexity to the services within Canada; xx) "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 Police Headquarters (including the operation thereof, or any part, component or system thereof); and "Government Authority" or "Governmental Authorities" has a corresponding meaning; yy) "Governmental Authorization" means any approval, authorization, consent, waiver, zoning approval, variance, exemption, exception, license, filing, registration, permit, testy condition, notarization, certificate, concession and /or agreement (and all conditions and requirements forming a part thereof) or other requirement of any Governmental Authority or other Person, including any permit or development approval, that is necessary or required in connection with the Police Headquarters, the Facilities, and /or Services (including the Commissioning, LEED certification and operation thereof, or any part:, component or system thereof]; zz) "Holding Facility" means (1) the subsurface secure underground holding facility as part of the Police Headquarters on the Police Headquarters Lands; and (ii) includes the Sally Port, marked in green and identified as such on Schedule 8, but for certainty, excludes the City's Portion Pedestrian Connection Tunnel and the Vehicular Tunnel; aaa) "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 207 - 9 - reasonably be regarded as a substitute or replacement for the harmonized sales tax or the tax imposed under the Ekelse Tax Act properly exigible by City to the Board of Police pursuant to this Agreement; bbb) 'Independent Inspector" means the independent inspector or inspectors engaged pursuant to section 6.1; ccc) "Independent Inspector "s Report" has the meaning ascribed thereto in subsection 6.1.4; ddd) "Law Court Facility" means the law courts facility owned by the Province upon the Law Court Facility Lands; eee) "Law Court Facility Lands= means the lands, marked in grey and identified as such on Schedule 2; fff) "113131) Certification" means that the Police Headquarters has been certified by the Canada Green Building Council under the LEED Canada NC Version 1.0 rating system. The levels of certification are "Certified' - 26 - 32 points, "Silver" - 33 - 38 points, "Gold" - 39 - 51 points, or "Platinum" - 52 - 70 points. All seven (7) prerequisites must be achieved in order to receive any level of certification; ggg) "LEED" or "LEED Rating System" means Canada Green Building Council's Leadership in Energy &. Environmental Design (LEED) Green Building Rating System for New Construction and Major Renovations, LEEDO Canada -NC Version 1.0; hhh) "Major Modifications" has the meaning ascribed thereto in subsection 5.9.2; and "Major Modification" shall have a corresponding meaning; iii) "Match Line" means the meeting point between the City's Portion Pedestrian Connection Tunnel and Province's Portion Pedestrian Connection Tunnel, marked in red and identified as such on Schedule 7; j j f) "Monthly Payments" has the meaning ascribed thereto In section 5.3; and "Monthly Payment" has a corresponding meaning kkk) "Named Insured" 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 Insured is Iiable or responsible; and 'Named Insureds" small have a corresponding meaning; 1I1) "NBCPI" means the All -Items Consumer Price Index for the Province of New Brunswick as published by Statistics Canada (or by a successor or other government agency, including a provincial agency), or, if the M -10- Consumer Price Index is no longer published or is not published for the relevant period or time, an index published in substitution for the Consumer Price Index or for such relevant period or time, or any comparable replacement index designated by the City, acting reasonably. If a substitution or replacement is required, the City, acting reasonably, will make the necessary conversions. If the base year for the Consumer Price Index (or the substituted or replacement index) is changed by Statistics Canada (or by its successor or other governmental agency), the City will make the necessary conversion. If any calculation is required to be made under this Agreement based on the NBCPI as at a particular date or for a particular period and the NBCPI for such date or period is not available as at the time such calculation is required to be made, the City, acting reasonably, shall be entitled to estimate the NBCPI, for the purposes of such calculation, subject to adjustment following the NBCPI, for the relevant date or period, becoming available, mmm) "Notice of Change" has the meaning ascribed thereto in subsection 5.8.1; nnn) "Operating Expenses" means, without duplication, the cost of operation, maintenance, repair, alteration and rehabilitation of the Police Headquarters and all costs of providing the Services (except where such costs are specified as being at the sole cost and expense of the City), and identified in Schedule 14, including, without limiting the generality of the foregoing: i) The costs and expenses associated with all Property Taxes, capital taxes and water and sewage charges; ii) The cost of maintaining the property, boiler & machinery insurance policies and any other insurance coverage maintained by the City in connection with the Police Headquarters; iii) The cost of providing hot and cold water, electricity, fuel, gas, and steam used in heating, ventilating and air - conditioning, snow removal, gardening, landscaping, window cleaning, garbage and waste collection and disposal, elevator maintenance, rental of equipment painting and decorating, maintenance and operation of the parldng lot and /or Underground Parking Garage, signage and any other costs mutually agreed between the Parties; iv) The cost of salaries and benefits provided to all personnel and the cost of any Subcontractors or agents attributable to carrying out the maintenance, operation, supervision and management of the Police Headquarters, including tools, materials, equipment and any other costs mutually agreed between the Parties; 209 -11- v) The cost of repairs, replacements and improvements to the systems and facilities of the Police Headquarters, Including, without limiting the generality of the foregoing, the roof, exterior walls, windows, doors, interior fixtures and finishes, plumbing systems, electrical systems, fire alarm and suppression systems, electricity, fuel, natural gas, parking lot, Underground Parking Garage, heating, ventilating and air - conditioning and energy-saving and security devices, elevators, and to the equipment and chattels used in connection with the Police Headquarters, and any other costs mutually agreed between the Parties, except any such costs for which amortization is taken under subsection I.innn)vi); vi) Amortization less any residual value of a tangible capital asset calculated on a straight line basis over the useful life of the asset, in accordance with the Public Sector Accounting and Auditing Handbook and the City of Saint John Policy on Tangible Capital Assets for the proper accounting and treatment of capital costs; vii) Administrative Fees incurred in connection with the Police Headquarters Management Specification, including accounting and auditing costs; viii) Costs arising from acts of vandalism to the Police Headquarters; Ix) Costs relating to damage caused to the Police Headquarters by the act or omission of the Board of Police or any Board of Police Advisor, save and except to the extent same arises as a consequence of a breach of this Agreement by the City or the negligence or any act or omission of the City or any City Advisor; but for certainty, it does not include: x) Costs covered by warranty or recovered from insurers, xi) Costs directly chargeable to or recovered from any other Person; xii) Income taxes and other taxes personal to the City (if any); and xili)'The costs to maintain Board of Police Assets which are maintained by the Board of Police; 000) " operating Costs Agreement" means the agreement to be entered between Her Majesty the Queen in Right of the Province of New Brunswick, as represented by the Minister of Transportation and Infrastructure and the City for the cost sharing of the operating expenses of the Facilities; 210 -12- ppp) "Operations Period" means the period commencing on the Substantial Completion Date and continuing to the Expiry Date; qqq) "Party" individually means the City and the Board of Police; and "Parties" means the City and the Board of Police, respectively, m) "Payment Adjustment Report" has the meaning ascribed thereto in subsection 5.4.3; sss) "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; ttt) "Police Headquarters" means (f) the police headquarters constructed by City upon the surface and subsurface of the Police Headquarters Lands; (if) includes the surface and subsurface of the Police Headquarters Lands; (iii) the Facilities; (fv) all improvements (including access roads, structures, buildings, facilities, fixtures, appurtenances, footings, foundations, Tunnels, underground services and structures) signage, chattels, machinery, equipment, materials, supplies, appurtenances and fixtures forming part thereof, attached thereto or installed thereon; (v) Underground Parldng Garage; (vi) all other facilities, fixtures, appurtenances and tangible personal property of any nature whatsoever contained on or attaching thereto from time to time; (vii) all mechanical, electrical and other systems and technology installed under or upon any of the foregoing; and (vifi) the Police Headquarters Lands, all as more particularly marked in blue and identified as such on Schedule 10, uuu) "Police Headquarters Lands" means the surface and subsurface lands identified as such on Schedule 1, marked in burgundy, but, for certainty, excludes any of the Roadways Lands and Public Plaza lands; vvv) "Police Headquarters Management Specffication" means the operations, maintenance, repair, alteration and rehabilitation specifications for the Police Headquarters and identified as such in Schedule 12; www) "Policing Services" means the police, law enforcement, community and other policing and administrative services, emergency response communication services, and other services which are ancillary thereto, to be provided from the Police Headquarters, which include Security Services; 211 -13- xxx) "Policy for the Procurement of Goods, Services and Construction" means the latest policy version adopted by Common Council for the procurement of goods, services and construction; yyy) "Preventative Maintenance" has the meaning ascribed thereto in subparagraph 4.2.5.1 in Schedule 12; zzz) "Property Taxes" means all real property taxes, rates„ assessments, duties and levies whatsoever (including local improvement levies), whether general or special, federal, provincial, municipal, or otherwise, attributable to or levied on the Police Headquarters Lands, and /or Police Headquarters, and /or Facilities, or any part thereof from time to time or payable to any duly constituted Governmental Authority and includes any taxes, rates, assessments or charges that may in the future be levied; aaaa) "Province" means Her Majesty The Queen, in right of the Province of New Brunswick, and includes any departments acting on behalf of the Province, bbbb) "Province's Portion Pedestrian Connection Tunnel" means the subsurface pedestrian connection tunnel, marked in pink and identified as such on Schedule 6; cccc) "Public Plaza rands" means those above ground lands, marked in black and identified as such on Schedule 3; dddd) Reasonable Wear and Tear means wear and tear that is reasonable given the use and age of the Police Headquarters and each element of the Facilities but is still functional and operable, and consistent with reasonable wear and tear that could be expected to exist at premises similar to the Police Headquarters and each of the element of the Facilities, operating in a similar environment and similar circumstances and of similar age, but does not include any degradation in the functionality or operability of the Police Headquarters and each of the element of the Facilities, such that the Police Headquarters and each of the element of the Facilities or any element of Police Headquarters or any element of a Facility fails to perform in accordance with the Police Headquarters Management Specification and /or is otherwise not in compliance with Applicable laws. Notwithstanding anything herein contained, in the event this Agreement is terminated for any reason prior to the Expiry Date, the Police Headquarters shall be deemed to be in the Required Condition, in the event they are in the state of condition and repair mandated and /or required under the Police Headquarters Management Specification at the time of termination; eeee) "Required Condition" has the meaning ascribed thereto in subsection 6.1.3; 212 14- fff) "Roadways rands" means those above ground lands, marked in violet and identified as such on Schedule 4+ gggg) 'Rules and Regulations" means the rules and regulations made by the City from time to time pursuant to section 10.10; hhhh) "Sally Port" means the subsurface secure controlled entryway to the Holding Facility, marked in green and identified as such on Schedule 8; iiii) "Schedules" means the following schedules attached to and forming an integral part of this Agreement: Schedule 1- Police Headquarters Lands, Schedule Z - Law Court Facility Lands; Schedule 3 - Public Plaza Lands; Schedule 4 - Roadways Lands; Schedule 5 - City's Portion Pedestrian Connection Tunnel; Schedule 6 - Province's Portion Pedestrian Connection Tunnel; Schedule 7 - Match Line; Schedule 8 - Holding Facility; Schedule 9 - Vehicular Tunnel; Schedule 10 - Police Headquarters; Schedule 11- Dispute Resolution Procedure; Schedule 12 -- Police Headquarters Management Specification; Schedule 13 - Board of Police Assets; and Schedule 14 - Police Headquarters Operating Budget; NO) "Scope Changes" means: i) An Approved Change Request; it) Changes to the Police Headquarters Management Specification following the Effective Date, which are effected and /or otherwise given legislative force and effect by a Governmental Authority having jurisdiction in relation to the Services and which were not the subject 213 -15- matter of public disclosure, debate and /or distribution prior to the Effective Date; iii) Changes to Applicable Laws following the Effective Date; iv) Use by the City during the Term of the Police Headquarters for purposes other than the provision of Policing Services, as office space for City employees or any reasonably comparable use; v) A failure by the Board of Police or any Board of Police Advisor to perform any performance obligation required to be performed by it pursuant to the terms and conditions of this Agreement in the manner and within the time period of application thereto, save and except to the extent same arises as a consequence of a breach'of this Agreement by or on behalf of the City or the negligence or any act or omission of the City or any City Advisor, or vi) Any other matter, circumstance or event for which the provisions of this Agreement permit City or the Board of Police to claim a Scope Change; provided always that any such event results or would result in a change to the timing of performance of scheduled obligations under this Agreement or an increase or decrease in the cost to the City of performing the Services; kkkk) "Secondary Exit" means the subsurface exit as a means of egress to and from the Underground Parking Garage in a fashion deemed appropriate by the Board of Police, marked in orange lines and identified as such on Schedule 9; 1111) "Security Services" means the daily operation of the Holding Facility ail in accordance and compliance with the Standard Operating Guidelines on any Business Day during Business Hours; mmmm) "Services" means, collectively: 1) The operation, maintenance, alteration and rehabilitation of the Police Headquarters in accordance with the Police Headquarters Management Specification; ii) The repair, alteration, replacement, correction and rectification of any deficiency, error or omission, whether latent or apparent, in or relating to any of the Existing Design, but, for certainty, in the sole and absolute discretion of the City; 214 -16- iii) The repair, alteration, replacement, correction, rectifecation and /or remediation of any damage to or loss or destruction of any Facilities or Police Headquarters or the improvements thereto; iv) The maintenance world, including all Preventative Maintenance and Demand Maintenance, required to ensure the Police Headquarters is operated, maintained and rehabilitated in accordance with the requirements stipulated in this Agreement throughout the Term and as necessary to ensure that on the Expiry Date, the Police Headquarters, and each element of the Facilities, shall be in the Required Condition; v) All other work relating to the Police Headquarters or otherwise to be performed by or on behalf of the City as described in this Agreement; and vi) The performance and observance of all other covenants, agreements and obligations of the City under this Agreement; nnnn) "Sheriffs Department" means the Department of Sheriff services of the Province; 0000) "Sheriff Services" has the meaning ascribed thereto in the Facility Sharing Agreement; pppp) "SJPF" means the Saint John Police Force; gggq) "Standard Operating Guidelines" means the standard operating guidelines of the Holding Facility identified as such in Schedule 11 of the Facilities Sharing Agreement; rrrr) "Subcontractor" is a Person or entity, other than the City or the Board of Police, having direct agreement with the City or the Board of Police, to perform any part or parts under this Agreement on behalf of the City or the Board of Police; and "Subcontractors" has a corresponding meaning; ssss) "Substantial Completion" means, in relation to the Police Headquarters, the time at which the Police Headquarters and each Facility, has been, save and except for the rectification of minor deficiencies and the performance of Commissioning, totally completed and is available for use and /or occupation by the City, Board of Police and members of the public, as applicable, in accordance with the requirements of this Agreement and Applicable Laws; tttt) "Substantial Completion Date" means the date upon which the Police Headquarters achieves Substantial Completion, but for certainty, means November 5, 2012; 215 -17- uuuu) "Term" means the term of this Agreement asset out in section 2.1; vvvv) "Transfer" has the meaning ascribed thereto in subsection 12.1.1; wwww) 'Tunnels" means the City's Portion Pedestrian Connection Tunnel and Vehicular Tunnel identified as such on Schedule S and Schedule 9, respectively; xx=) "Underground Parking Garage" means the underground parking garage located on the subsurface Police Headquarters lands; yyyy) "Vehicular Tunnel" means the subsurface secure underground vehicular tunnel with a grade separated entrance /exit on Carleton Street; (ii) subsurface turning access into the Underground Parking Garage; (iii) subsurface Secondary Exit, but, for certainty, excludes any of the Roadways Lands and the Public Plaza Lands; zzzz) "Wiring" has the meaning ascribed thereto in subsection 2.2.2; and aaaaa) "Work" means the work to be performed as identified by the Independent Inspector's Report to ensure the Police Headquarters and each element of the Facilities will be in the Required Condition on the Expiry Date, 1.2 12.1 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 Effective Date of this Agreement. 1.2.2 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 1.3 Severabil 1.3.1 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. 1.4 Conflict among Agm=M 1.4.1 For the purpose of this section 1.4 and for greater certainty, the Parties acknowledge that the Facilities Sharing Agreement between the Board of Police and the Province, and the Operating Costs Agreement between the City and the Province, and this Agreement, may contain provisions that expand on the provisions of other 216 .18 agreement(s) and impose additional burdens on, or further restrict the rights of a Party hereto, or give a Party hereto additional rights, including additional rights and remedies, all of which provisions are intended to be given full effect according to their terms except to the extent same are expressly in conflict or inconsistent with the provisions of this Agreement which is to govern and prevail. 1.5 Conflict with Laws 1.5.1 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. 1.6 Headieas and Grammatical Variations 1.6.1 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. 1.6.2 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. 1.7 Notices 1.7.1 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 Board of Police, the Board of Police Address to the attention of the Chairperson and a mandatory copy to the Chief of Police or, in the case of service upon the City, to the City Address to the attention of the Common Clerk. 1.7.2 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. 1.8 Q=rning Law 1.8.1 This Agreement shall be governed by and construed In accordance with the Iaws of the Province of New Brunswick and the federal laws of Canada applicable therein. 1.9 1.9.1 This Agreement may not be modifled or amended except by an instrument in writing signed by the Parties hereto or by their successors or permitted assigns. 217 -19. 1.10 ARproygl 1.10.1 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: 1.10.1.1 Such request for Approval shall be in writing and shall: 1.10.1.1.1 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, 1.10.1.1.2 clearly set forth the matter or matters in respect of which such Approval is being sought; 1.10.1.1.3 form the sole subject matter of the correspondence containing such request for Approval; and, 1.10.1.1.4 clearly State that such Approval is being sought; 1.10.1,2 Such Approval shall be in writing; 1.10.1.3 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 1.10.1.4 Any dispute as to whether or not such Approval has been unreasonably withheld or delayed shall be referred to Dispute Resolution. 1.11 Enureme 1.11.1 This Agreement shall extend to, be binding upon and enure to the benefit of the Parties and their respective successors and permitted assigns. 1.12 Language 1,121 This Agreement is drawn in the English language at the request of all Parties hereto. Ce conaut esr r6digd dons la lan©ue anglaise a la demande de taoutes les parties 218 -20- ARTICLE 2 TERM, GRANT OF LICENSE AND CONSENT OF SUBLICENSE 2.1 Term 2.1.1 The term of this Agreement shall commence on the Effective Date and shall fully end and expire at midnight on the 316t day of August, 2043, (the "Expiry Date"), unless sooner terminated or extended as ,otherwise provided in this Agreement. 2.1.2 if the Board of Police occupies the Police Headquarters prior to the Execution Date, then during the period of such occupation up to the Execution Date, the Board of Police shall be deemed to be subject to all the covenants, conditions and agreements set out in this Agreement, including; without limitation, payment of an amount equal to the Annual Service Payment for such period calculated on a pro rata basis, all from the date of the commencement of occupancy to the Execution Date. For greater certainty, the Board of Police and the City acknowledge and agree that the Board of Police did occupy the Police Headquarters for the period commencing on the Substantial Completion Date (the "Effective Date") up to an including the Execution Date. 2.2 Grant of License 2.2.1 During the Operations Period, subject always to this section 2.2, the City hereby grants, and shall continuously until the Expiry Date grant to the Board of Police and all Board of Police Advisors such non - exclusive license rights of use and access to, on and over the Police Headquarters Lands and Police Headquarters as are required by Board of Police to perform the Policing Services. 2.2.2 During the Operations Period, the City hereby grants, to the Board of Police such non - exclusive right to use the applicable portion of the roof as designated by the City (the "Equipment Site ") of the Police Headquarters for the installation, operation and maintenance, at the Board of Police's sole cost and expense, of a satellite dish(es) and /or antenna and /or related equipment (the "Equipment "), together with the right to install wires and cables (the "Wiring') in the Police Headquarters where permitted by the City, acting reasonably, in order to connect the Equipment and Wiring to the Police Headquarters Lands subject to the following. 2.2.2.1 The City reserves the right, at any time and from time to time, to require the Board of Police to relocate the Equipment to an alternate site on the roof of the Police Headquarters, as designated by the City, and /or to relocate any or all of the Wiring and all costs, charges and liabilities of the City attributable to or associated with such actions shall be at the City's expense. 219 - 21 - 2.2.2.2 If the roof of the Police Headquarters is damaged such that alteration or reconstruction of such area, in the City's sole opinion, is required (whether or not any equipment or property of the Board of Police has been damaged), the City shall commence and proceed with reasonable diligence to restore the roof, provided that the City shall not be required to spend an amount in excess of the insurance proceeds actually received by the City as a result of the casualty. upon completion of the repairs by the City, the Board of Police shall complete the restoration of its Equipment and Wiring, and all costs, charges and liabilities of the Board of Police attributable to or associated with such restoration shall be at the Board of Police's expense. 2.2.2.3 The Board of Police acknowledges and agrees that the City has made no representations or warranties whatsoever respecting the condition thereof or Its suitability for the Board of Police's use or otherwise, that the City has no obligation or duty to make any alterations, improvements or repairs whatsoever in and to the Equipment Site to make it ready for the Board of Police's use, and that the Board of Police takes and accepts the Equipment Site in its present "as is, where is" condition. 2.2.2.4 The Board of Police, at its sole expense, shall install the Equipment and the Wiring. The location, size, compatibility, design, colour, material, type and method of installation of the Equipment and the Wiring, and the plans and specifications related thereto, shall be subject to the prior written approval of the City. 2.2.25 In no event will the Equipment contain a design, insignia or other advertising 2.2.2.6 The Board of Police agrees not to use or permit the use of the Equipment Site or the Equipment or the Wiring for any purpose which is illegal or dangerous or which, in the City's reasonable opinion, creates a nuisance or which would increase the cost of insurance coverage with respect to the Building. In particular, no semiconductors or other electronic equipment containing polychlorinated biphenyls (PCBs) or other environmentally hazardous materials will either be used or stored In or around the Equipment Site, and no such materials will be used in any of the Equipment or Wiring. 2.2.2.7 At the early termination or expiry of this Agreement, the Board of Police shall remove the Equipment and the Wiring and deliver up the Equipment Site to the City in as good condition as at the date prior to the Effective Date, Reasonable Wear and Tear only excepted. 2.2.2.8 The Board of Police agrees to comply with all Applicable Laws. The Board of Police also agrees to comply with the rules and regulations of the Police 220 -22- Headquarters as adopted and amended by the City from time to time, and will cause its agents, employees, Subcontractors, invitees and visitors to do so. 2.2.2.9 The Board of Police agrees that the installation, operation and maintenance of the Equipment and Wiring shall, at all times, and at the Board of Police's sole cost and expense, comply with such technical standards for the Police Headquarters as may from time to time be established by the City in its reasonable discretion including, without limitation, technical standards relating • to frequency intensity (either individually or collectively with other telecommunication providers and other users of the Police Headquarters' rooftop area), compatibility, radio interference protection, structural engineering and physical installation. 2.2.3 None of the rights granted pursuant to this section 2.2 shall extend beyond the boundaries of the Police Headquarters Lands, or to any lands other than the Police Headquarters Lands, other than easements and similar interests of the City which benefit the Police Headquarters Lands, obtained after the Effective Date of this Agreement, to the extent the same are necessary for the Policing Services and /or Security Services. 2.2.4 The license provided in this section 2.2 shall automatically terminate as of the Expiry Date, unless sooner terminated or extended as otherwise provided in this Agreement 2.2.5 The Board of Police agrees that it acquires no estate, right, title or ownership interest in the Police Headquarters Lands or the Police Headquarters or any other interest in land pursuant to this Agreement or otherwise. 2.3 Consent to Suhlieense 2.3.1 During the Operations Period the City hereby consents to the Board of Police entering into certain sublicense agreements, facilities sharing agreements, service provider agreements or other such agreements providing for or relating to use of and access to, on and over the Police Headquarters Lands and Police Headquarters as are required by Board of Police to perform the Policing Services and /or Security Services, with no further right to grant sublicenses, on the following terms and conditions: 2.3.1.1 • The City consents to the Board of Police entering into the Facilities Sharing Agreement for the use and access to, on and over the Facilities and the Underground Parking Garage, as are required by the Sheriffs Department to perform Sheriff Services, 2.3.1.2 In the event of dissolution, or consolidation, or merger, or amalgamation of the Board of Police, the City consents to the Province the right to use and access to, on and over the Facilities and the Underground Parking 221 -23- Garage as are required by the Sheriffs Department to perform the Sheriff Services pursuant to the terms and conditions of the Facilities Sharing Agreement and until such time that an agreement has been executed between the new respective parties. 2.3.1.3 The City consents to the Board of Police entering into the agreements set out or referred to in subsection 2.2.2 and such agreements for the Installation, operation and maintenance of the Board of Police Assets within the Police Headquarters and Police Headquarters Lands; 2.3.1.4 The City consents to the Board of Police entering into such agreements with various police enforcement authorities for the use and access to, on and over the Facilities and the Underground Parking Garage, as are required by such other enforcement authorities in order to transport individuals to the Holding Facility for court appearances within the Law Court Facility; 2.3.1.5 The City consents to the Board of Police entering into such agreements with various third parties or Persons for the use and access to, on and over the Police Headquarters and Police Headquarters Lands, as are required by these third parties or Persons to conduct certain activities within the multi- purpose room or shoot house within the Police Headquarters; 2.3.1.6 This consent is given without prejudice to City's rights under this Agreement and shall not be deemed to be the consent to or authorization for any further or other sublicensing, assignment or parting with or sharing possession of all or any part of the Police Headquarters Lands and Police Headquarters, and 2.3.1.7 The City does not hereby (i) make any representations or warranties, or (ii) acknowledge or approve of any of the terms of any such agreement as between the Board of Police and such other party. Further, nothing contained in consent shall be construed as modifying, waiving or affecting any of the provisions, covenants and conditions or any of City's rights or remedies under this Agreement, other than as specifically set forth in this section 2.3. 2.4.1 Subject to section 2.3, the Board of Police shall not enter into any sublicense, agreement or otherwise permit any other party or Persons to occupy, use or access the Police Headquarters, the Facilities or any part thereof of the Police Headquarters Lands, except with the written consent of the City being first obtained, which consent may be unreasonably or arbitrarily withheld. 222 .24- 2.5 Restricted Access 2.5.1 For purposes related to the provision of Policing Services or to client, public and /or Detainees safety, effective upon Substantial Completion, the Board of Police, acting reasonably, may limit, restrict or impose conditions on the City's or any other Person's access to designated portions of the Police Headquarters from time to time. 2.5.2 Where the Board of Police exercises its rights under this section 2.5 in such a manner that (3 interferes with the City's obligations under this Agreement; the City shall be relieved of such obligations; and /or (ii) increases the cost to the City of complying with its obligations under this Agreement; such Increase in costs shall be included in the Operating Expenses payable by the Board of Police hereunder. 2.6 No ElAcUmbrances 2.6.1 The Board of Police shall not create, incur, permit or suffer to exist any Encumbrance to be tiled, issued or registered against the Police Headquarters Lands and /or Police Headquarters or any part thereof or any interest therein, or any Claim to arise in relation thereto, due to an act or omission of Board of Police or any Board of Police Advisor. 2.6.2 In the event that the Police Headquarters Lands and /or Police Headquarters or any part thereof or any interest therein becomes subject to any Encumbrance, or any Claim arises or is made in relation thereto, which has not been Approved by the City, acting in its sole discretion, due to an act or omission of Board of Police or any Board of Police Advisor, the Board of Police shall immediately tape all steps necessary to remove, vacate or discharge such Encumbrance or Claim. If such Encumbrance or Claim is not removed, vacated or discharged within ten (10) calendar days of the filing, issuance or registration of an Encumbrance (or the date the Board of Police has knowledge of any Claim in relation thereto) then, without prejudice to any other rights or remedies it may have, the City will be at liberty to take whatever steps it deems necessary and appropriate to remove, vacate or discharge the Encumbrance or Claim, including payment of any amount owing or claimed thereunder, and seek immediate recovery from Board of Police of the amount of any such payment and any associated costs, Including legal costs, all of which shall be payable on demand and may be added to any invoice from the City to the Board of Police with respect to the Annual Service Payments, or Monthly Payment(s). 223 -25- ARTICLE 3 SCOPE OF WORK, DESIGN ISSUES AND WARRANTIES 3.1.1 The City agrees to provide the Services during the Term of this Agreement in a faithful, diligent and honest manner, and to enter into such contracts and agreements as may be necessary in the performance of this Agreement: 3.1.1.1 So as to satisfy the Police Headquarters Management Specification as set forth in Schedule 12; 3.1.1.2 In compliance with the other terms of this Agreement, and 3.1.1.3 In compliance with Good Industry Practice and Applicable Laws; subject always to its right to claim the occurrence of an event of Force Majeure Event. 3.1.2 For certainty, the City shall be responsible for all costs, charges, liability attributable to or associated with the daily operation, maintenance, repairs, alterations and rehabilitation of the Police Headquarters, its equipment and all improvements thereto, excluding the Board of Police Assets, and to ensure the Police Headquarters Is operated, maintained and rehabilitated in a manner to ensure that on the Expiry Date, the Police Headquarters, and each element of the Facilities, shall be in the Required Condition subject to the City's right to include such costs, charges and liabilities in the Operating Expenses for the Police Headquarters. 3.2 Deshm Issues 3.2.1 The City shall assume full responsibility and liability for the use of the Existing Design, including, without limitation: 3.2.1.1 The ability of the Police Headquarters to safely and efficiently accommodate the performance of Policing Services therefrom. For greater certainty, all revisions to the scope of work relating to the Police Headquarters as a result of the cost savings measures undertaken by the City, the Board of Police and the Architect of Record, including but not limited to, the removal of, the green roof, the cistern and associated mechanical and electrical; the mechanical, electrical, targeting systems and associated items for the shoot house; the moveable partitions in the multi- purpose room and learning centre; the electrical connection for the portable generator; the cameras in the interview roams, polygraph and monitoring rooms; the small skylights in locker rooms; the sunshades; or the modification of window type; or the speakers for the PA system; the flooring in the fitness centre and executive boardroom, the Parties agree 224 -2C. that such removals and modifications shall not affect the ability of the Police Headquarters to safely and efficiently accommodate the performance of Policing Services; 3.2.1.2 The adequacy of the structural and architectural elements of the Existing Design, 3.2.1.3 The core efficacy and functionality of the heisting Design to: 3.2.1.3.1 generally meet the requirements of Applicable Laws in effect at the time the building permit for the Police Headquarters is issued; 3.2.1.3.2 conform to the functional programming needs of the Policing Services and Facilities as they existed at the time that Existing Design was developed; 3.2.1.4 Any issues with respect to whether the functionality, durability and maintainability of the mechanical and electrical systems specified in the Existing Design for the Police Headquarters are adequate to permit the Police Headquarters to perform in accordance with the Police Headquarters Management Specitication, and any other requirement of application pursuant to this Agreement, on a consistent basis for the duration of the Operations Period; and 3.2.1.5 The operation and periodic replacement of all elements of the Police Headquarters, whether part of the mechanical and electrical systems or otherwise, including finishes, seals, structural components, hardware, building fabric and other parts, materials and components as required to ensure the Police Headquarters is in accordance with the requirements of the Police Headquarters Management Speciflcation, at all times during the Operations Period, (collectively, the "Design Issues°). 3.2.2 The City shall rectify the Design Issues and all costs, charges and liabilities of the City attributable to or associated with the Design issues and are subject to the Policy for the Procurement of Goods, Services and Construction and /or the approval of Common Council. 3.2.3 Subject to subsections 3.2.2 and 3.2.4, the City may rectify, any of the following: 3.2.3.1 Errors or omissions in the Existing Design which are readily discoverable or reasonably inferable, or contrary to Good Industry Practice; 225 -27- 3.2.3.2 Design coordination issues caused by errors, omissions, conflicts, inferences or gaps contained within the Existing Design, and in particular, the plans, drawings and specifications making up same; and 3.2.3.3 Design completion issues where the intent can be reasonably inferred in the Existing Design, but which are not fully detailed or specified. The terms "readily discoverable ", "reasonably inferable" and "reasonably inferred" shall be interpreted tatting into consideration the investigations and examinations undertaken, or which should have been undertaken, by City, the City Advisors, the Board of Police, and the Board of Police Advisors, if applicable, as a matter of Good Industry Practice. 3.2.4 For certainty, in its sole and absolute discretion, the City may rectify any errors and omission issues, or design coordination issues, or design completion issues with the Existing Design. 3.3 Warrantim 3.3.1 The City shall use reasonable commercial efforts to enforce all such warranties obtained by or for the benefit of the City from all contractors, Subcontractors and/or manufacturers relating to or in connection with the construction of the Police Headquarters. Any costs recovered by the City pursuant to such warranties which reduce the costs of Operating Expenses or capital improvements paid by the City shall be credited to the Board of Police. ARTICLE 4 MANAGEMENT SPECIFICATION AND LEED rVall'UM77, _ 17 1711 + i 4.1.1 The Parties acknowledge this Agreement is a long term arrangement and that, as a consequence of technical advancement, the development of alternate standards of operation, rehabilitation and /or maintenance or otherwise, alterations to the Police Headquarters Management Specification and /or changes in the scope or manner of performance of the Services may become appropriate during the Term. 4.1.2 Each of the Parties covenants to advise the other Party on a timely basis of any new or different standards, processes, modes of operation or approaches in respect of the Services, as an alternative to the requirements set out in the Police Headquarters Management Specification or otherwise of application under this Agreement, where such Party believes that such alternatives would reduce costs, improve schedules or efficiencies, or enhance the useful life, safe use or reliability of the Police Headquarters. For certainty, should the City or Board of Police wish to incorporate any such new or different standards, processes, modes of operation or approaches into this Agreement, same may only be effected by way of Change Request. 226 -28- 4.2.1 The Parties agree that the Police Headquarters has been registered with the Canada Green Building Council. 4.2.2 The Board of Police covenants and agrees that it shall contribute to the achievement of the following credits in respect of the Police Headquarters under the LEER Rating System: SSc4.2 Bicycle Storage SSc4.3 Hybrid of Alternative Fuel Vehicles EQcl Carbon Dioxide Monitoring IDcl.l Low - emitting furniture systems IDc1.2 Water Efficiency, Exceptional Performance 4.2.3 The City shall apply to the Canada Green Building Council to obtain LEED Certification for the Police Headquarters as soon as possible, and, in any event, within twenty -four (24) months after the Substantial Completion Date therefor. The Parties acknowledge that it is the intention of the City and Board of Police that the Police Headquarters achieve Silver Level LEED Certification under the LEED Rating System. 4.2.4 Without limiting any other right or remedy of the City pursuant to this Agreement, in the event that Silver Level LEED Certification is not obtained for the Police Headquarters by the City within twenty -four (24) months after its Substantial Completion Date as a consequence of the Board of Police failing to contribute the credits under the LEED Rating System specified in subsection 4.2.2, the City may, but is under no obligation to, take whatever actions it deems necessary, acting reasonably, to obtain the credits under the LEED Rating System specified in subsection 4.2.2 and all costs, charges and liabilities attributable to or associated with such actions shall be at the expense of the City. ARTICLE 5 PAYMENT MECHANISM yid r, i i i i* ,.i . - Z 5.1.1 The City covenants and agrees that it will pay when due the full amount of HST /GST properly exigible in respect of the cost for the Services and use of the Police Headquarters to be provided by City to the Board of Police pursuant to this Agreement. 227 29- t i &J ' ' /4T, 1 5.2.1 Commencing on the first day of the Operations Period, and continuing for each Contract Year until the Expiry Date, the Board of Police shall pay to the City in the manner set out herein the sum of 5.2,1.1 The Operating Expenses for the Police Headquarters in respect of such Contract Year in accordance with section 5.4; and 5.2.1.2 If applicable, HST/CST on the cost for the Services; (collectively, for each Contract Year, the "Annual Service Payment "). 5.3 5.3.1 In each Contract Year, the Annual Service Payment shall be payable in equal monthly instalments (the "Monthly Payment ") in advance on the first day of the Operations Period and thereafter on the first day of each full calendar month during the Operations Period. The Monthly Payment will be adjusted proportionately for any calendar month which is other than twelve (12) calendar months, subject to, any amounts received by the City under the Operating Costs Agreement for the equal cost sharing of the operating expenses of the Facilities, shall be credited to the Board of Police. 5.3.2 If the first day of the Operations Period is other than the first day of a full period in respect of which any item of Monthly Payment is calculated, or the Expiry Date is other than the last day of a calendar month, then unless otherwise provided in this Agreement, the amount of such item of Monthly Payment payable in respect of such month shall be prorated based on a 365(6) day year. 5.3.3 All payments required to be made by the Board of Police pursuant to this Agreement shall be paid when due, without prior demand and without any abatement, set off, compensation or deduction whatsoever, except as may be otherwise expressly provided herein, at the Finance & Administrative Services of the City or at such other place as the City may designate from time to time. 5.3.4 At the CiVs request, the Board of Police shall make all payments under this Agreement by way of automatic withdrawals or electronic funds transfer from the Board of Police's bank account and shall execute and deliver either concurrently with this Agreement or from time to time within three (3) calendar days following request for it such documentation as may be required by the City and its bank in order to effect such payments. 5.3.5 No payment hereunder shall be construed as an acceptance or approval of Incomplete, defective or improper performance by the City of any of its obligations under this Agreement, nor shall it operate to relieve the City from the performance of any of its obligations under this Agreement which have not been performed, 228 -30- VTOTT17- i F71 T4 .7 1777 5.4.1 Subject to adjustment in accordance with subsection 5.4.3, for the period commencing on the first day of the Operations Period and ending on December 31, 2013, the Operating Expenses for the Police Headquarters shall be deemed to be $1,121,480.00 exclusive of HST /GST for each such Contract Year. 5.4.2 Subject to adjustment in accordance with subsection 5.4.3, for the period commencing on January 1, 2014 and ending on the expiry of the Operations Period, the Operating Expenses for each such Contract Year shall be determined as follows: 5.4.2.1 On or before November 15 prior to the start of each Contract Year, the City shall compute and deliver to the Board of Police a reasonable bona frde estimate of the Operating Expenses for the upcoming Contract Year. In the event the City does not deliver such estimate to the Board of Police by such date, the estimate of the Operating Expenses for the upcoming Contract Year shall be the same as the estimate of Operating Expenses for then current Contract Year as set out in the Payment Adjustment Report 5.4.2.2 Commencing on January 1 of such Contract Year, the Board of Police shall pay to the City the estimate of Operating Expenses set out in paragraph 5.4.2.1 for such Contract Year in the manner provided herein. 5.4.2.3 In the event the Board of Police disputes the City's estimate of Operating Expenses for the upcoming Contract Year, it may refer the matter to Dispute Resolution. In the event the matter is referred to Dispute Resolution, until the estimate of Operating Expenses for the upcoming Contract Year are determined thereby, the Board of Police shall pay the estimate of Operating Expenses set out in paragraph 5.4.2.1 and, upon the determination of the estimate of Operating Expenses for the upcoming Contract Year thereby, the City and the Board of Police shall make the necessary adjustments retroactive to the first day of such Contract Year. 5.4.3 On or before one hundred twenty (120) days following the end of each Contract Year, the City shall provide to the Board of Police reasonable documentation of the actual costs and expenses incurred by the City (including such reasonable detail of the method by which the same are calculated) in respect of Operating Expenses for the Police Headquarters for such Contract Year (the "Payment Adjustment Report°). 5.4.3.1 In the event the City does not deliver such Payment Adjustment Report to the Board of Police by such date, the Payment Adjustment Repoit of the previous Contract Year shall be used for the upcoming Contract Year and the City shall make commercially reasonable efforts to provide the Board of Police with a current Payment Adjustment Report 229 -31- 5.4.4 Subject to subsection 5.4.5, on or before sixty (60) days following delivery of the Payment Adjustment Report: 5.4.4.1 If the aggregate amount of such estimated Operating Expenses payments made by the Board of Police in any Contract Year should be less than the actual Operating Expenses due for such Contract Year pursuant to the Payment Adjustment Report, then the Board of Police shall be responsible financially to the City of the amount of such deficiency; or 5.4.4.2 If the aggregate amount of such estimated Operating Expenses payments made by the Board of Police in any Contract Year should be greater than the actual Operating Expenses due for such Contract Year pursuant to the Payment Adjustment Report, then the City shall credit to the Board of Police the amount of such excess provided the Board of Police is not otherwise in default under the terms of the Agreement 5.4.5 If the Board of Police, acting in good faith, Disputes all or any part of a Payment Adjustment Report, it shall notify the City in writing of that part of the amounts (insofar as at the time of such notice the Board of Police is reasonably able to quantify same) which the Board of Police disputes and submit to the City such supporting documentation as is reasonably required to substantiate and confirm such claim. For greater certainty, any amounts set out in the Payment Adjustment Report which are not in Dispute shall be paid in accordance with subsection 5.4.3 hereof. 5.4.6 The Parties shall use commercially reasonable efforts to resolve the Dispute referred in subsection 5.4.5 within ten (10) calendar days of the aforesaid notice of the dispute. If the Parties fail to so resolve the Dispute within such period, the Dispute shall be referred for Dispute Resolution. Following resolution of the Dispute, any amount which has been paid by the Board of Police that is determined not to have been payable shall be credited forthwith by the- City to the Board of Police, together with interest on such amount computed on the basis that the date on which payment was Initially made by the Board of Police was the date of the overpayment by the Board of Police and any amount which has been withheld by the Board of Police, that is determined to have been payable, shall be paid forthwith by the Board of Police to the City, together with interest on the basis that the date on which such withheld amount should have been paid was the date upon which such amount became payable to the City. 5.5 interest on Overdue Amounts 55.1 The City is entitled to receive interest at the rate of two percent (2%) per annum above the Canadian Prime Rate for any overdue payments or other amounts due to the City hereunder, computed monthly in arrears on the last day of each and every month, before and after maturity, default and judgement 230 -32- 5.6 Set 5.6.1 The Parties agree that their rights ofsetoff at law or inequity are limited as follows: 5.6.1.1 To the right of the City to set off against any amounts otherwise due to Board of Police pursuant to the terms and conditions of this Agreement any amounts which are due to City by Board of Police pursuant to the terms of this Agreement, and 5.6.1.2 To the right of Board of Police to set off against any amounts otherwise due to the City pursuant to the terms and conditions of this Agreement, any amounts which are due to Board of Police by City pursuant to the terms of this Agreement. 5.7 Change Requests 5.7.1 Either Party may, without invalidating this Agreement, at any time during the Term, submit a Change Request to the other Party. Each Party shall approve all reasonable Change Requests by the other Party in accordance with the terms and conditions of this Agreement. 5.7.2 If a 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 each Party has signified its acceptance of the Change Request in writing. 5.8 Notice of Change 5.8.1 The City shall promptly notify the Board of Police 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 Operating Expenses of the Police Headquarters, and except with respect to insurances obtained and maintained by the City with respect to the Police Headquarters or Police Board operations, shall seek instructions as to whether to proceed to implement such change which will impact the Operating Expenses of the Police Headquarters [the "Notice of Change'). 4� � 4-0 r; TTM0.1....,. 5.9.1 Where a Party's Change Request includes an increase or decrease in the scope of the previously contemplated cost of the Operating Expenses of the Police Headquarters, the City 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 City for the Police Headquarters or Board of Police 231 33 - 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. 5.9.2 The Parties acknowledge that any Change Request must be approved by (i) Common Council where the costs of such Change Request has not been budgeted and approved by Common Council for each such Contract Year ( "Major Modifications ") or (ii) In accordance with the Policy for the Procurement of Goods, Services and Construction. 5.9.3 The Parties acknowledge that any Change Request must be approved by (i) Common Council or (ii) the City Manager and the Chairperson where the costs of such Change Request have been budgeted and approved by Common Council fnr each such Contract Year or (ill) in accordance with the Policy for the Procurement of Goods, Services and Construction. 5.10 Scone Chang= 5.10.1 The City, acting reasonably, shall determine whether or not any other matter has arisen which constitutes a Scope Change for purposes of this Agreement. 5.10.2 If a matter constitutes a Scope Change, the appropriate change will be made to the Annual Service Payments, Monthly Payments, the time frames for the performance of the relevant obligation(s), the Services and /or any other relevant portions of this Agreement, as the case may be. 5.10.3 Subject to subsections 5.9.2 and 5.9.3, in the case of a Change Request or other Scope Change, the City shall use commercially reasonable efforts to obtain the best value for money when procuring any work, services, supplies, materials or equipment and will comply with Good Industry Practice, the Policy for the Procurement of Goods, Services and Construction and use commercially reasonable efforts to mitigate all costs associated therewith. 5.10.4 If the Parties are unable to agree that a matter constitutes a Scope Change or agree that a matter constitutes a Scope Change but are unable to promptly agree upon the necessary change in the Annual Service Payments, Monthly. Payments, the time frames for the performance of the relevant scheduled obligation(s), the Services and /or any other relevant portions of this Agreements as the case may be, arising as a result of the Scope Change, the City's determination as to the matter(s) in issue shall be final and binding for all purposes of this Agreement unless the Board of Police refers the matter fix Dispute Resolution. 5.10.5 If it is agreed between the Parties, or determined by way of Dispute Resolution, there has been a Scope Change which requires an adjustment to be made to the Annual Service Payments, and /or Monthly Payments, the Parties agree that the intention of this Agreement is that the City should receive such compensation as 232 •34- would place the City in no better or no worse position than it would have been in, had the relevant Scope Change not occurred. ARTICLE 6 REQUIRED CONDITION PROVISIONS 6.1 BAWred Co an 6,1.1 Ten (10) years prior to the Expiry Date, the City and Board of Police shall agree on and jointly engage an independent inspector (the: "Independent Inspector ") who shall Inspect the Police Headquarters and prepare the reports, provide the services and perform the other functions referenced in this ARTICLE 6. The Independent Inspector shall be familiar with Good Industry Practice and shall be instructed to perform its duties hereunder in accordance with same and not to show partiality to the City or Board of Police when making findings and determinations under this ARTICLE 6. All costs of the Independent Inspector shall be shared between City and the Board of Police equally. In the event Board of Police fails to make any required payments to the Independent Inspector, in accordance with the understanding documented in this subsection 6.1.1, the City may make payment to the Independent Inspector and add .the amount of any such payment to the Operating Expenses chargeable by the City to the Board of Police for the Police Headquarters. For greater certainty, the City may engage an independent inspector upon the dissolution, or consolidation, or merger, or amalgamation of the Board of Police who shall inspect the Police Headquarters and prepare a reports provide the services and perform the other functions referenced in this ARTICLE 6. 6.1.2 In the event the Parties are unable to agree on the Independent Inspector within sixty (60) calendar days of the date one Party serves notice on the other Party requiring the appointment of same, the appointment of the Independent Inspector shall be referred for Dispute Resolution. 6.1.3 On Expiry Date, the Police Headquarters, and each element of the Facilities, shall be in a condition that is consistent with the requirements of the Police Headquarters Management Specification and in good order and condition, Reasonable Wear and Tear including damage resulting from Force Majeure excepted, shall have a minimum expected life of five (5) years (the "Required Condition"). 6.1.4 The Independent Inspector shall provide a written report (the "Independent Inspector's Report") not later than nine (9) years prior to the Expiry Date or upon one hundred fifty (150) days after the dissolution, or consolidation, or merger, or amalgamation of the Board of Police outlining the following 6.1.4.1 The condition of the Police Headquarters; 6.1.4.2 Identification of any work (including, without limitation, capital improvements) required to ensure the Police Headquarters and each 233 -35. element of the Facilities, will be in the Required Condition on the Expiry Date; 6.1.4.3 An estimate of the cost required to complete the capital improvements identified in paragraph 6.1.4.2 above and details of how the cost was calculated. 6.1.5 No later than three (3) years prior to the Expiry Date, the Independent Inspector shall again perform an inspection of the Police Headquarters and produce an updated Independent Inspector's Report identifying the condition of the Police Headquarters at that time and outlining the information referenced in subsection 6.1.4. 6.1.6 The Parties shall have thirty (30) calendar days following receipt of an Independent Inspector's Report pursuant to subsections 6.1.4 and 6.15 to either (i) accept same and /or otherwise agree upon the scope of work to be performed pursuant thereto to place the Police Headquarters in the Required Condition on the Expiry Date; or (ii) to submit the Independent Inspector's report to Dispute Resolution. Following the expiration of such thirty (30) calendar day period, the Independent Inspector's Report unless previously referred for Dispute Resolution, shall be binding upon the Parties and shall constitute conclusive evidence of the work to be performed to place the Police Headquarters in the Required Condition on the Expiry Date. For greater certainty, paragraphs 6.1.6(i) and (ii) do not apply in the event of the dissolution, or consolidation, or merger, or amalgamation of the Board of Police. 6.1.7 In the sole and absolute discretion of the City, it may perform all Work identified in the Independent Inspector's Report in a good workmanlike manner, in accordance with Good Industry Practice and to a standard which will permit the relevant Police Headquarters, and all parts and components thereof, to be in the Required Condition on the Expiry Date. 6.1.8 The Parties shall cause the Independent Inspector to perform a further inspection of the Police Headquarters, and to produce and deliver to each of the Parties a final report, within forty -five (45) calendar days after the Expiry Date that establishes whether the Police Headquarters were in the Required Condition on the Expiry Date. ARTICLE 7 INSURANCE AND INDEMNITY 073 7.1.1 The City shall 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 All risks property insurance to cover all risks of direct physical loss or damage (including flood and earthquake) to the Police Headquarters (not 234 -36- including Police Headquarters Lands), with per occurrence Iimits, sub. limits and deductibles and with policy provisions consistent with the City's usual practices; and 7.1.1.2 Boiler & machinery insurance, covering boilers and pressure or vacuum vessels associated with the Police Headquarters (not including Police Headquarters Lands) or the operation, management, maintenance and rehabilitation of the Police Headquarters (not including Police Headquarters Lands), with limits, sub - limits deductibles and policy provisions consistent with the City's usual practices. 7.1.2 The City shall, within thirty (30) calendar days after receipt of a request from the Board of Police, deliver to the Board of Police, an insurance certificate confirming the insurances described in section 7.1 in effect at that time, including the primary limits, deductibles, inception dates and expiration dates of each policy. 7.1.3 The insurance policies obtained and maintained by the City pursuant to this section 7.1 shall operate as primary insurances with respect to the Police Headquarters. 7.2 City t, iabiiity insurance 7.2.1 The City shall obtain and maintain, or shall cause other Persons performing operations and activities under this Agreement on behalf of the City, to obtain and maintain, at all times during the Term of the Agreement or any extension or prolongation thereof, the following insurance; 7.2.1.1 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, use and maintenance under this Agreement by the City or any agencies of the City performing Services or any other work or services under this Agreement on behalf of the City. 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 Board of Police, the City and the City's agencies and their respective councillors, commissioners, board members, officers and employees as Named Insureds and shall include any of their Subcontractors performing Services or any other work or services under this Agreement, on behalf of the City or the Board of Police (subject to notification of the City by the Board of Police), as additional insureds with respect to liabilities arising out of the operations and activities of the Board of Police, the City and the City's agencies under this Agreement. This insurance may be organized as any combination of primary, umbrella 235 .37- and/or excess liability insurance and shall be subject to a limit of not less than five million dollars ($5,000,000) any one accident or occurrence subject to a general aggregate limit of not less than five million dollars ($5,000,000) anyone annual period; and 7.2.1.2 Automobile liability insurance covering owned, leased or operated licensed motor vehicles used in connection with the operations and activities of the City, the City's agencies, and the Board of Police in the performance of Services or any other work or services under this Agreement on behalf of the City, the City's agencies, and the Board of Police. 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) combined single limit for injury, death or property damage resulting from each accident or occurrence. 7.2.2 The commercial general liability insurance set out in paragraph 7.2.1.1 shall be written in the name of the City, the City's agencies, the Board of Police and their respective councillors, commissioners, board members, directors, officers, employees, servants and agents. The City may, at its sole and unfettered discretion, elect to have this insurance cover, as Named Insureds, any Subcontractors or any other Person performing Services or any other work or services under this Agreement on behalf of the City and the Board of Police, or the City may elect to have any such Subcontractor or Person obtain and maintain its` own insurances with the characteristics described in subsection 7.2.1 above. 7.2.3 The City shall, within thirty (30) calendar days after receipt of a request from the Board of Police, deliver or cause to be delivered to the Board of Police, insurance certificates or other documentation confirming the types and amounts of coverage described in subsection 7.2.1 in effect at that time, including the primary limits, the inception dates and expiration dates of each policy. Evidence of renewal of such insurance, in the form of insurance certificate or certificates or other documentation, shall be delivered to the Board of Police within thirty (30) calendar days after receipt of any such request from the Board of Police. 7.2.4 The insurance policies placed or caused to be placed by the City pursuant to this section 7.2 shall operate as primary insurance with respect to the operations, use and maintenance of the Police Headquarters by the City and the Board of Police or, at the sole and unfettered discretion of the City, any other Persons performing Services or any other work or services under this Agreement on behalf of the City or the Board of Police. 7.2.5 Each of the policies of insurance provided pursuant to section 7.2 shall contain a provision to the effect that the insurer will not cancel coverage afforded by such 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 236 38- be provided) except after thirty (3 0) calendar days' prior written notice to the City, on behalf of the Board of Police. 7.2.6 The City shall advise the Board of Police of any cancellation, material deviation from the requirements set out in this section 7.2 or lapse of any policies of insurance required to be provided by the City for the Board of Police. 7.2.7 If the City fails to effeM or to cause other Persons to effect, and to keep the insurance required pursuant to this section 7.2 in force and If any similar insurance maintained by Board of Police Subcontractors or other Persons performing work or services on behalf of the Board of Police shall then be called into contribution notwithstanding subsection 7.2.4 above and, as a consequence, the Board of Police's or its' Subcontractor's or other Person's cost of effecting such insurance increases, any such additional cost shall be payable by the City to the Board of Police, not later than thirty (30) calendar days after production by the Board of Police to the City of reasonable proof of such additional cost, without prejudice to any other right of the Board of Police with respect to the City failure to maintain insurance pursuant to this section 7.2. This provision does not apply in the event the contribution made by the Board of Police subcontractor's or other Person's insurance is on an excess basis above the primary insurance provided by the City. 7.3 Board of Police Subcontractor LiabillIN Ine»rance 7.3.1 The Board of Police shall cause each of its Subcontractors or other Persons performing Policing Services and /or Security Services, or any other work or services under this Agreement on behalf of the Board of Police, to obtain and maintain, at all times during the Term of the Agreement or any extension of prolongation thereof, the following insurance: 7.3.1.1 Commercial general liability insurance against claims for bodily injury (including death resulting therefrom), 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 of the Subcontractor or other Person, performed under this Agreement on behalf of the Board of Police. 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 sever-ability of interests provisions with respect to Insureds under the policy or policies. The policy or policies shall include the Board of Police, the City, and their respective commissioners, ' councillors, directors, officers, employees or agents as additional insureds with respect to liabilities arising out of the operations and activities of the Subcontractor performed under this Agreement on behalf of the Board of Police. This insurance may be organized as any combination of primary, umbrella and excess liability insurance and shall be subject to a limit of not 237 -39- less than five million dollars ($5,000,000) any one accident or occurrence subject to a general aggregate limit of not less than five million dollars ($5,000,000) any one annual period. 7.3.1.2 Automobile liability insurance covering owned, leased or operated licensed motor vehicles used in connection with operations and activities of the Board of Police or any other Person performing Policing Services and /or Security Services, or any other work or services under this Agreement on behalf of the Board of Police. This insurance may be organized as any combination of primary, umbrella and excess liability insurance and shall be subject to a limit not less than five million dollars ($5,000,000) combined single limit for injury, death or property damage resulting from each accident 7.3.2 The commercial general liability insurance set out in paragraph 7.3.1.1 shall be written in the names of the Subcontractor or other Person, any of its affiliated entities performing any work or services under this Agreement on behalf of the Board of Police and in the names of its directors, officers, employees, servants and agents. The Board of Police and the City, shall be included as additional insureds with respect to liabilities arising out of the operations and activities of the Board of Police's Subcontractor or other Person and any of its affiliated entities performing work or services under this Agreement on behalf of the Board of Police. In the event the Board of Police engages the Province and /or its employees to perform Policing Services, Security Services, or any tither work or services under this Agreement on behalf of the Board of Police, this requirement for commercial general liability insurance shall not apply with respect to such Policing Services, Security Services, or any other work or services under this Agreement performed by the Province and /or its employees on behalf of the Board of Police. 7.3.3 The Board of Police shall, upon request from the City, deliver or cause each of its Subcontractors or other Persons performing any work or services under this Agreement on behalf of the Board of Police or the City to deliver to the City, or its authorized representative, insurance certificates confirming the types and amounts of coverage described in paragraphs 7.3.1.1 and 7.3.1.2 above in effect at that time, as well as the inception dates, expiration dates and other required characteristics 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. 73.4 The insurance policies placed by the Board of Police, or caused to be placed by the Board of Police's Subcontractors or other Persons, pursuant to this section 7.3 shall operate as primary insurance with respect to the operations and activities of the Board of Police, its' Subcontractors or any other Persons performing Security Services, Policing Services or any other work or services under this Agreement on behalf ofthe Board of Police. 238 WITIM 7.3.5 Each of the policies of insurance provided pursuant to this section 7.3 shall contain a provision to the effect that the insurer will not cancel 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. 7.3.6 The Board of Police shall advise the City, or shall cause its Subcontractors or other Persons to advise the City, of any cancellation, material deviation from the requirements set out in this section 7.3 or lapse of any policies of insurance required to be provided by the Board of Police, or by any of its Subcontractors or other Persons on behalf of the Board of Police. If the Board of Police or any or its Subcontractors or other Persons fails to effect and keep such insurance in force or fails to provide evidence of this insurance after the City has requested it, or should such insurance be in an amount less than the amount required by this section 7.3, the City may, upon written notice to the Board of Police, without assuming any obligation, effect such insurance at the expense of the Board of Police. All outlays by the City shall be payable by the Board of Police 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 Board of Police of its obligations to insure or cause its Subcontractors or other Persons to insure under this section 7.3. The City shall not be liable for any loss or damage suffered by the Board of Police in connection with such insurance taken out by the City. 7.3.7 If the Board of Police fails to effect, or to cause other Persons to effect; and to keep the insurance required pursuant to this section 7.3 in force and if any similar Insurance maintained by the City or any of its Subcontractors or other Persons shall theta be called into contribution notwithstanding subsection 7.3.4 above and, as a consequence, the City or its' Subcontractor's or other Person's cost of effecting such insurance increases, any such additional cost shall be payable by the Board of Police to the City, not later than thirty (30) calendar days after production by the City to the Board of Police of reasonable proof of such additional cost, without prejudice to any other right of the City with respect to the Board of Police's or its Subcontractor's or other person's failure to maintain insurance pursuant to this section 7.3. 7.4.1 At any time during the term of this Agreement or any extensions thereof, the City may review the insurance requirements set out in sections 7.1, 7.2 and 7.3 of this Agreement and notify the Board of Police of any amendments to the minimum limits, coverages, types of insurance, policy forms and administrative requirements, and the proposed effective date for these amendments, as well as the Party who is responsible to purchase and maintain specific insurances, fior the insurances contemplated in sections 7.1, 7.2 and 7.3 of this Agreement. Any matter that cannot be resolved by the Parties, acting reasonably and in collaboration with each other, shall be referred for Dispute Resolution. 239 -41- 7.5 Indemnity 7.5.1 Subject to subsection 7.5.2 hereof, but notwithstanding any other clauses herein, the Board of Police shall promptly indemnify and save harmless the City from all Claims or other proceedings by whomsoever claimed, made, brought or prosecuted in any manner including, without limitation, the full cost incurred by the City in resisting or defending such Claim, arising, directly or indirectly, out of or in connection with, directly or indirectly, any of the fallowing. 7.5.1.1 The use and access of the Police Headquarters by the Board of Police or its commissioners, officers, employees, Subcontractors or agents; 7.5.1.2 Any act or omission of the Board of Police or its commissioners, officers, employees, Subcontractors or agents; 7.5.1.3 Any alleged infringement or any violation of any Applicable Laws, or any allegation of such, by the Board of Police, its clients, invitees, licensees, agents, servants, Subcontractors, employees, Detainees, or by any other Person permitted by the Board of Police to be at the Police Headquarters; 7.5.1.4 Any breach, violation or non- performance by the Board of Police of any of its covenants and obligations under this Agreement; 7.5.1.5 Any damage to property while said property shall be in or about the Police Headquarters including the systems, furnishings and amenities thereof, and any damage to the Police Headquarters caused by or resulting from any act or omission of the Board of Police, its clients, invitees, licensees, agents, servants, Subcontractors, employees, Detainees or by any other Person permitted by the Board of Police to be at the Police Headquarters, excluding Board of Police Assets. The net proceeds received by the City from insurers providing property insurances for the Police Headquarters, as described in section 7.1 of this Agreement, shall be credited against any such damage to property in or about the Police Headquarters; 7.5.1.6 Any injury or death to any person on or about the Police Headquarters caused by or resulting from an act or omission of the Board of Police, its clients, Invitees, licensees, agents, servants, Subcontractors, employees, Detainees or by any other Person permitted by the Board of Police to be at the Police Headquarters. The net proceeds paid by insurers providing liability insurances for Board of Police operations or for operations of their Subcontractors, as described in section 7.2 and section 7.3 of this Agreement, shall be credited against the Board of Police indemnity for any such injury or damages; and 7.5.1.7 Any injury or death to any client, invitee, licensee, agent, servant, Subcontractor, employee, Detainee, of the Board of Police, or any other Person permitted by the Board of Police to be at the Police Headquarters, 240 IDIA including death resulting at any time therefrom occurring on or about the Police Headquarters or the Police Headquarters Lands. The net proceeds paid by insurers providing liability insurances for Board of Police operations or for operations of their Subcontractors, as described in section 7.2 and section 7.3 of this Agreement, shall be credited against the Board of Police indemnity for any such injury or damages, and this indemnity shall survive the expiry or sooner termination of this Agreement. 7.5.2 Notwithstanding the forgoing, in no event shall the Board of Police 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 City Advisor. 7.5.3 The Board of Police shall immediately give notice to the City of all Claims in respect of Board of Police, the Policing Services, the Security Services, or the Police Headquarters (whether or not any such Claim is covered or expected to be covered by insurance) of which Board of Police or Board of Police Subcontractors or any Board of Police Advisor is or becomes aware. The Board of Police shall provide the City with all reasonable information requested by it from time to time concerning the status of any Claim and shall co- operate with the City and its' insurers in the conduct, prosecution and /or defence of any Claim made by or against the City. In the event of any Claim relating to damage to a Facility and /or the Police Headquarters caused by third parties, which damage has been repaired or replaced by the Board of Police pursuant to this Agreement but has not been claimed against a Board of Police or City insurer, the City agrees to assign to Board of Police, to the extent assignable, the right to conduct, prosecute, receive, collect and recover such Claim, ARTICLE 8 TERMINATION AND DEFAULT 8.1 Termination for Default 8.1.1 The Parties agree that upon the occurrence of any, of the following events, the City shall have the right to terminate this Agreement in its entirety by giving thirty (30) calendar days' written notice to the Board of Police: 8.1.1.1 The Board of Police's failure to pay any amount when due hereunder; 8.1.1.2 The Board of Police's default in performing and observing any of the terms, covenants, warranties or conditions of this Agreement (except as otherwise expressly listed in this subsection 8.1.1.1) and the Board of Police's subsequent failure to cure any such default within seven (7) calendar days after the receipt of notice thereof (or such shorter period as may be provided in this Agreement) or if such default cannot reasonably be remedied within seven (7) calendar days or such shorter period, the 241 -43- Board of Police fails to commence to remedy such breach within such seven (7) calendar days or shorter period or thereafter fails to proceed diligently to remedy such breach; 8.1.1.3 A petition in bankruptcy or insolvency or for reorganization or for the appointment of a receiver or trustee of the Board of Police's property is filed by or against the Board of Police; 8.1.1.4 An assignment or petition or arrangement for the benefit of creditors is made or is entered into by the Board of Police; or 8.1.1.5 The dissolution, or consolidation, or merger, or amalgamation of the Board of Police. 8.2 8.2.1 Notwithstanding any termination of this Agreement, the City shall be entitled to receive the Annual Service Payment up to the time of termination and, in the event of termination in accordance with section 8.1, damages including, without limitation: (i) costs of reclaiming, repairing and re- purposing the Police Headquarters; and (ii) legal fees and disbursements on a solicitor and client basis. 8.3 Additional Remedies anI)sL uk 8.3.1 In addition to the right to terminate set out in section 8.1, the Parties agree that: 8.3.1.1 The City may withhold any Services and additional services (including, without limitation, denying access to the Police Headquarters), at any time should the Board of Police be in default of any payment hereunder or in default of any other provision of this Agreement. 8.3.2 In addition to the right to terminate set out in section 8.1, the Parties agree that the City shall have the following rights and remedies, exercisable immediately and without further notice and at any time while the default continues: 8.3.2.1 To remedy or attempt to remedy the default for the account of the Board of Police and to enter upon the Police Headquarters for such purposes. The City shall not be liable to the Board of Police for any loss, injury or damages caused by acts of the City in remedying or attempting to remedy the default The Board of Police shall responsible to the City, on demand, all expenses incurred by the City in remedying the default; and 8.3.2.2 To recover from the Board of Police all damages, costs and expenses incurred by the City as a result of the default including any deficiency between those amounts which would have been payable by the Board of Police for the portion of the Term following such termination and the net 242 -44- amounts actually received by the City during such period of time with respect to the Police Headquarters. ARTICLE 9 DISPUTE RESOLUTION 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 11. ARTICLE 10 BOARD OF POLICE COVENANTS 10.1 Covenants 10.1.1 The Board of Police further covenants with the City as set out in this ARTICLE 10. 10.2 12VI e 10.2.1 Prior to the end of the Term, the Board of Police shall not remove any personal property as described in the definition of Police Headquarters or any other property from the Police Headquarters and shall leave the Police Headquarters in good order and condition, but; for certainty, this does not include the Board of Police Assets. 10.2.2 In the event of any default by the Board of Police in the performance of its obligation to leave the Police Headquarters in good order and condition, the Board of Police hereby agrees that the City may repair or remedy any damage or deficiency in the Police Headquarters at the cost and expense of the Board of Police, and the Board of Police agrees to pay to the City, upon demand, the cost and expenses so incurred by the City. In the event of any default by the Board of Police in removing all of the Board of Police Assets, the City may cause the same to be removed to a place of storage selected by the City, and the Board of Police shall, upon demand, reimburse the City for any and all costs incurred by the City by reason of such removal and storage. The Board of Police agrees that it will remain fully responsible for all such equipment, supplies and other property during such removal and storage, and hereby releases the City from any and all liability for any damages or losses to such equipment, supplies and other property howsoever and by whomever caused. 243 -45- 10.3 10.3.1 Except as set out in Schedule 12, the Board of Police shall pay directly to the appropriate authority the cost of cable, telephone, or other telecommunication services supplied to the Police Headquarters including without limiting the generality of the foregoing, all costs for telecommunications, cable and any other similar expenses. 10.4 Mal=nance 10.4.1 The Board of Police shall at its sole cost maintain and repair the Board of Police Assets and, its improvements and those portions of the Police Headquarters which are not the responsibility of the City hereunder in good order and condition. 10.5 &Iteiratlons bX ftard of PoLice 10.5.1 The Board of Police may from time to time, require the installation of improvements and require alteration of existing improvements in the Police Headquarters (the "Alterations") provided that 10.5.1.1 All Alterations shall require the Approval of the City if the amount of the Alterations have not been budgeted and approved by Common Council during a Contract Year; 10.5.1.2 All Alterations shall be implemented and completed by the City in consultation with the Board of Police, subject to, any conditions as may be imposed by the City, in its sole and absolute discretion; 10.5.1.3 The Board of Police shall furnish the City with two complete sets of professionally prepared worldng drawings (which shall include any architectural, structural, electrical, mechanical, computer system wiring and telecommunication plans) of the proposed Alterations, 10.5.1.4 The Alterations shall be subject to the reasonable regulations, supervision, control and inspection by the City and, without limitation, the provisions of section 5.10 shall apply to any such Alterations; and 10.5.1.5 The City may require that any such Alterations be performed by either the City or its Subcontractors in which case the Board of Police shall pay the City's cost as part of the Operating Expenses. 10.6 bWdce hl Board of Police 10.6.1 The Board of Police shall promptly notify the City of any accident, defect, damage or deficiency which occurs or exists in any part of the Police Headquarters which comes to the attention of the Board of Police, as soon as possible. 244 .46- 10.7 LLm 10.7.1 The Board of Police shall continuously use the whole of the Police Headquarters for purposes of providing the Policing Services and Security Services. 10.8 10.8.1 The Board of Police shall use and occupy and shall cause the Police Headquarters to be used and occupfed in compliance with all Applicable Laws and in a safe, careful and proper manner. 10.9 Nuisance. UffMrference. 10.9.1 The Board of Police shall not cause or allow any act or thing which constitutes a nuisance or which is offensive to the City. 10.9.2 The Board of Police shall keep the Police Headquarters 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. 10.9.3 The Board of Police shall not cause or allow any overloading of the floors of the Police Headquarters or the bringing into any part of the Police Headquarters of any articles or fixtures that by reason of their weight, use or size might damage or endanger the structure or any of the Police Headquarters. 10.10 Rules and RMInUnns 10.10.1 The City shall have the right from time to time to make such reasonable rules and regulations pertaining to and necessary for the proper use, operation, repairs, alterations, rehabilitation and maintenance of the Police Headquarters and adopt such appropriate systems and procedures for the security and safety of the police Headquarters and /or Police Headquarters Lands, any Person attending at the Police'Headquarters and/or Police Headquarters Lands and the occupants and contents thereof (the "Rules and Regulations ") and make such amendments, deletions and additions to such Rules and Regulations as the City may adopt from time to time. 10.10.2 The City shall provide the Rules and Regulations to the Board of Police once they have been adopted by the Common Council and any amendments thereafter approved by Common Council. 10.10.3 The Board of Police shall comply and cause every Person over whom it has control to comply with the Rules and Regulations. 10.10.4 if the Rules and Regulations conflict with any other provisions of this Agreement, the other provisions of this Agreement shall govern. 245 .47- 10.10.5 The City shall not be obligated to enforce the Rules and Regulations and shall not be responsible to the Board of Police for failure of any Person to comply with the Rules and Regulations. ARTICLE 11 DAMAGE AND DESTRUCTION 11.1 11.1.1 If all or any material part of the Police Headquarters is rendered unusable or completely inaccessible by damage from fire or other casualty then: 11.1.1.1 If in the reasonable opinion of an architect, engineer, land surveyor or other professional consultant retained by the City who, in the opinion of the City, is qualified to perform the function for which he or she is retained (the `Expert "), the damage can be substantially repaired under Applicable Laws within one hundred eighty (180) calendar days from the date of such casualty (employing normal construction methods without overtime or other premium), the City shall forthwith repair such damage other than damage to Board of Police Assets and any other property that is not the responsibility of or is not owned by City; and 11.1.1.2 If in the reasonable opinion of the Expert, the damage cannot be substantially repaired under Applicable Laws within one hundred eighty (180) calendar days from the date of such casualty (employing normal construction methods without overtime or other premium), then: 11.1.1.2.1 the City may elect to terminate this Agreement as of the date of such casualty by notice delivered to the Board of Police not more than twenty (20) calendar days after receipt of the Experts opinion; and 11.1.1.2.2 if such damage occurs during the last two (2) Contract Years, the Board of Police may elect to terminate this Agreement as of the date of such casualty by notice delivered to City not more than twenty (20) calendar days after receipt of the Expert's opinion, failing which the City shall forthwith repair such damage other than damage to Board of Police Assets or property that is not the responsibility of or is not owned by City. 11.2 T 11.2.1 Notwithstanding anything else contained in this Agreement, if: (i) the Police Headquarters is partially destroyed or damaged so as to affect twenty -five percent (25%) or more of the area of the Police Headquarters; or (ii) in the reasonable 246 .48- opinion of the Expert, the Police Headquarters is unsafe or access or services are affected and, in either case, cannot be substantially repaired under Applicable Laws within one hundred eighty (180) days from the date of such casualty (employing normal construction methods without overtime or other premium); or (iii) the proceeds of insurance are substantially insufficient to pay for the casts of repair or rebuilding or are not payable to or received by the City; or (iv) damage or destruction is caused by an occurrence against which the City is not insured or beyond the extent to which the City is required to insure under this Agreement; then the City may terminate this Agreement by giving to the Board of Police Notice of such termination within sixty (60) calendar days of the damage or destruction, in which event the Term shall cease and be at an end as of the date of such damage or destruction and all other payments for which the Board of Police is liable under the terms of this Agreement shall be apportioned and paid in full to the date of termination. 11.3 City's RWJLU on ltebu9dja 11.3.1 In the event of damage to the Police Headquarters and if this Agreement is not terminated in accordance with this ARTICLE 11, the City shall forthwith repair any damage to the Police Headquarters, but only to the extent of the Cit:/% s obligations under the terms of this Agreement and exclusive of any Board of Police's responsibilities with respect to such repair. In repairing or rebuilding the Police Headquarters, the City may use drawings, designs, plans and specifications other than the Existing Design and may alter or relocate buildings on the Police Headquarters Lands, and may alter or relocate the Police Headquarters, provided that the Police Headquarters as repaired or rebuilt is of a similar standard and the Police Headquarters as altered or relocated shall be of approximately the same size as the original Police Headquarters. ARTICLE 12 MISCELLANEOUS PROVISiONS 12.1 12.1.1 The Board of Police 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 Police Headquarters, this Agreement, and /or any other document, agreement or instrument relating to any of the foregoing, without the prior Approval of the City, which Approval may be arbitrarily withheld. 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 Police Headquarters, unless the prior written Approval referred to in subsection 12.1.1 is granted by the City. 247 -49- 12.1.3 The Board of Police 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 Approval to any further assignment. FFNIMP 07V ra W70 12.2.1 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 or any of the Rules and Regulations from time to time issued by the City, 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 12.3.1 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. ri l ,.1 V 7. +i.. 12.4.1 All of the obligations, representations and warranties of the Board of Police 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 12.5.1 Neither the City nor the Board of Police 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 either 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 Board of Police from payment of the Annual Service Payment and other amounts payable hereunder. 12.6 No WAhmC 12.6.1 No omission or delay by either Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise NM -50- 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 Re¢fistratFog 12.7.1 The Board of Police agrees that it shall not register this Agreement or any notice or reference in respect of this Agreement against title. 12.8 Connteroarts 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 parties 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 249 -51- IN WITNESS WHEREOF the Parties hereto have caused these presents to be executed by their authorized representatives. The City of Saint John has caused this Agreement to be executed in its corporate name in the manner prescribed by the Municipalities Act, R.S.N.B. 1973, c. M -22, and amendments thereto and the Board of Police Commissioners for The City of Saint John, have caused their corporate seals to be affixed as of the day and year first above written. SIGNED, SEALED & DELIVERED ] In the presence of: ) ) ] THE CITY OF SAINT JOIN ) } Mel K Norton, Mayor 'Jonathan A. Common Cl Common Council Resolution: July 15, 2013 BOARD OF POLICE COMMISSIONERS FOR THE CITY OF SAINT JOHN 0 'k -) J��' Christopher Waldschutz, Ch irperson 1 0- Jonathan Franklin, Secretary Board of Police Resolution: November 6, 2012 250 Polfce Headquarters 4 Occupancy Agreement Schedule 1 SCHEDULE 1 251 20 0 20 40 6Q 80 1000 mm meters 252 Police Headquarters Occupancy Agreement Schedule 2 SCHEDULE 2 253 20 0 20 40 60 s0 x:1000 meters 254 Police Headquarters Occupancy Agreement Schedule 3 SCHEDULE 3 255 20 0 20 40 .• :0 1000 �■�■ meters 256 Police Headquarters 9 Occupancy Agreement Schedule 4 SCHEDULE 4 257 } 2D 40 •} :0 i ! - =1 258 Police Headquarters 4 Occupancy Agreement Schedule 5 SCHEDULE 5 259 260 Police Headquarters Occupancy Agreement 5chednte 6 SCHEDULE 6 261 262 Police Headquarters Occupancy Agreement Schedule 7 SCHEDULE 7 263 N Police Headquarters Occupancy Agreement Schedule 8 SCHEDULE 8 265 N Police Headquarters Occupancy Agreement Schedule 9 SCHEDULE 9 267 N Police Headquarters Occupancy Agreement Schedule 10 SCHEDULE 10 269 I r 270 Police Headquarters 4 Occupancy Agreement Schedule 11 SCHEDULE Z1 271 A. Refer=[ to Senior Management 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) calendar days of notice from one Party to the other be referred for resolution to the City Manager and the Chairperson. 2. If the City Manager and Chairperson are not able to resolve the Dispute referred to them under this Section A within seven (7) calendar days following such referral, the matter shall be referred for resolution by way of mediation upon the willingness of the Parties. B. Mediation 1. A Party may apply to a court of competent jurisdiction or other competent authority for interim measures of protection at any time. 2. If the Parties resolve to mediate the Dispute referred to them under paragraph A.2, the Parties shall invoke the following mediation process: B.2.1 Either Party shall immediately declare an impasse and provide written notice to the other within seven (7) calendar 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 area of the Dispute; and Ii. unless otherwise agreed by the Parties, with no prior connection, affiliation or other formal relationship with either Party. B.2.2 Upon receipt of such notice, the notified Party shall have two (2) calendar days to select one of the proposed mediators as the mediator, failing which the Party providing notice shall select one of its proposed mediators as the mediator. Within ten (10) calendar days following selection of the mediator the matter shall be heard by the mediator, and 272 -2- B.2.3 The mediator shall be entitled to establish his or her own practices and procedures. Each Party shall co- operate fully with the mediator and shall present its case to the mediator orally and /or in writing within ten (10) calendar 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 ten (10) calendar days following the last of such presentations. The fees of the mediator shall be shared equally by the Parties. 3. The mediation shall be terminated. B.3.1 By the execution of a settlement agreement by the Parties; or B.3.2 By a written declaration of one or more Parties that the mediation is terminated; or B.3.3 By a written declaration by the mediator that further efforts at mediation would not be useful. 4. The place of mediation shall be the City of Saint John and Province of New Brunswick. C. Arbitration 1. In the event that the Parties are unwilling to mediate their Dispute or that the Dispute between the Parties remains unresolved after mediation has been attempted in good faith, then either the City or Board of Police, upon written notice to the other, may refer the Dispute for determination to a Board of Arbitration (the "Tribunal') consisting of three persons, one chosen by and on behalf of the City, one chosen by and on behalf of the Board of Police and the third chosen by these two arbitrators. The arbitrators shall have at least ten (10) years' experience worlang in an executive capacity or representing clients in the area of public disputes and /or the related area of the Dispute. 2. 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. 3. 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. 273 -3 4. Notwithstanding the provisions of the Arbitration Act (1992), New Brunswick the Tribunal, upon such terms 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 Tribunal considers the delay in amending or supplementing such statements to be prejudicial to a Party. The TSribunal will not permit a Party to amend'or supplement its claim, defence or reply once the arbitration hearing has been scheduled. 5. The Tribunal 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. 6. If, during the arbitration proceedings, the Parties settle the Dispute, the Tribunal 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. 7. Subject to paragraph G8, any determination made by the Tribunal shall be final and binding upon the Parties and the cost of such determination shall be apportioned as the Tribunal may decide. 8. Either 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. 9. 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. 274 Police Headquarters Occupancy Agreement Schedule 12 SCHEDULE 12 275 o i SAINT JOHN POLICE HEADQUARTERS MANAGEMENT SPECIFICATION 276 TABLE OF CONTENTS I. I NTRODucn oN ............................................................................................................................... 1 1.1. DEFINED TERMS ................................................................................. ..............................1 1.2. OPERATING ENVIRONMENT AND HOURS OIL OPERATIONS ................... ..............................7 2. DIVISION OF RESPONSIBLITY .......................................................................... .............................10 2.1. GENERAL ....... ....................................................................................,.. .............................10 3. GENERAL MANAGEMENT AND GENERAL ADMINISTRATION OF SERVICES .... .............................11 3.1. GENERAL ............................................................................................. .............................11 3.2. SERVICE REQUIREMENTS ..................................................................... .............................11 tPROJECT SERVICES ........................................................................................... .............................17 4.1. GENERAL .............................................................................................. .............................17 4.2. SERVICE REQUIREMENTS ................................................................... .............................17 S. ENVIRONMENTAL AND SAFETY SERVICES ..................................................... .............................41 5.1. GENERAL REQUI REMENTS .................................................................... .............................41 5.2. SERVICE REQUIREMENTS ..................................................................... .............................41 6. UTILITIES MANAGEMENT SERVI CES ................................................................ .............................44 6.1. GENERAL REQUIREMENTS .................................................................... .............................44 6.2. SERVICE REQUIREMENTS .................................................................... .............................44 7. WASTE MANAGEMENT AND RECYCLING SERVICES........................................ . .............................47 7.1. GENERAL REQUIREMENTS .................................................................. .............................47 7.2. SERVICE REQUIREMENTS ................................................................... .............................47 8. GROUNDS MAWTENANCE AND LANDSCAPING SERVI CES .........................•••. „.............................49 8.1. GENERAL REQUIREMENTS .................................................................... .............................49 8.2. SERVICE REQUIREMENTS .................................................................. .............................49 8.3. SERVICE STANDARDS OF ACCEPTANCE ................•............................. .............................49 9. JANXTORIAL SERVICES.................................. .................................................... .............................51 9.1. GENERAL REQUIREMENTS ................................................. ............................... ..............51 9.2. SERVICE REQUIREMENTS .............. ....................................................... .............................51 277 1. INTRODUCTION This Police Headquarters Management Specification ( "Management Specification ") describes the facility management services that the City shall to provide to the Board of Police in relation to the Police Headquarters as well as the responsibilities of the Board of Police throughout the Term of the Agreement The purpose of this document is to describe the requirements of both Parties within specific Service Categories, and is not meant to list all of the activities and steps necessary to satisfy the service requirements or standards described herein. The Services detailed within this Management Specification will form a fully integrated and coordinated service. The City will integrate and coordinate specific service categories with all other Service Categories to provide, from Board of Police's perspective, an integrated and complete facilities management solution. I.I. DEFINED TERMS The words defined in section 1.1 of the Occupancy Agreement when used In the Management Specification shall have the same meaning as the said agreement. When used in this Management Specification, the following wording or expressions have the following meanings: a) "Administrative Fee" means a fee charged by the City to the Board of Police to cover administrative personnel costs and expenses associated with the management of Services performed for the Board of Police as described in the Management Specification. The administrative fee will be applied to the total cost of the Service including, but not limited to, third-party charges, technical personnel costs (including wages and benefits), overtime, materials, equipment, and any other costs to provide the Services outlined in the Management Specification. The administrative fee will be applied at a rate of 15% of the aforementioned costs before applicable HST /GST; b) "Base Building Telephone, Data, Wireless Internet, Cable, and Satellite Systems" means all improvements, materials, supplies, appurtenances, and fixtures forming part thereof, attached thereto, installed thereon, or otherwise incorporated therein from the property line of the Police Headquarters up to the point of use in the Police_ Headquarters; and "Base Bulking 5ervicee shall have a corresponding meaning; c) "Budding Teehnidan" means the primary representative of the City or his designate for all matters related to the provision of Services outlined In the Management Specification who works under the direction of the Manager of the Facility Management; d) 'Business Operations" means any 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; e) "Business Hours" means from 8:30 a.m. to 4:30 p.m. of any Business Operations; f) "Board of Police Representative" means the individual assigned to be the primary point of contact for all matters related to the Management Specification or his designate appointed by resolution by the Board of Police; Police Headquarters 278 Version 34 SAINT TOHN Management Specification page 1 of 69 g) "Capital Renewal Plan" means a summary of the anticipated "Capital Requirements" for the Police Headquarters facility over a defined period of time, including a description of the "Capital Renewal Project", an indication of when the Capital Renewal Project is anticipated, and an opinion of probable cost associated with the Capital Renewal Project. The anticipated year in which a Capital Renewal Project is to be completed is primarily based on the industry standard Expected Useful Life of the applicable major building component, but is also based on apparent condition, serviceability, and other factors that may have an impact on the EUL of the major building component. The Capital Renewal Plan will typically be presented in the form of a spreadsheet; h) "Capital Renewal Project" means a project that is completed to replace or install a new Tangible Capital Asset approved by Common Council; and "Capital Renewal Projects" shall have a corresponding meaning; i) "Capital Renewal Services" has the meaning ascribed thereto in paragraph 4.2.6; ;) "Capital Requirement" means a project that is identified as a requirement to replace or install a new Tangible Capital Asset based on a combination of factors, including EUL, apparent condition, serviceability, and other factors that may have an impact on the EUL of the applicable major building component which has been approved by Common Council; and a Capital Requirement can also be identified as an operational need approved by Common Council; k) "Chief of Police" means the chief of police of the SJPF or his designate, appointed by resolution by the Board of Police; 1) "Contractor" means a Person, other than the City or the Board of Police, having direct agreement with the City or the Board of Police, to perform any part or parts of Services under the Management Specification an behalf of the City or the Board of Police; and "Contractors" shall have a corresponding meaning; m) "Controlled Access" means those functional areas within the Police Headquarters whereby the Contractor must be provided access by the Board of Police, or the SJPF, and /or the City, but, for certainty, the Manager of the Facility Management, the Building Technician or Technologist shall have access to those functional areas within the Police Headquarters on a 24 by 7 basis without being accompanied by a representative of the Board of Police or SJPF and shall have means in which to access the said areas; and "Controlled Anne has a corresponding meaning; n) "Core Business Operations" means Monday through Friday, inclusive; o) "Core Business Hours" means from 8:30 a.m. to 4:30 p.m. of any Core Business Operations; p) "Electronic Service Request Management System" Is an electronic means of logging Service Requests to be developed and implemented by the City; and "ESRMS" shall have a corresponding meaning; q) "Emergency" means any situation, event, occurrence, or multiple occurrences that: --*1 - Polio Headquarters 279 Version 3.4 . Management Specification Page 2 of 69 A. Constitutes or may constitute a hazard to or jeopardizes or may jeopardize the health and /or safety of persons; B. Causes or may cause damage or harm to the Police Headquarters, property, buildings, structures, premises and /or equipment; or C. Materially interferes with or prejudices or may materially interfere with or prejudice the safe operation of a Facility, the performance of the Security Services, the use and /or occupation of a Facility and /or the provision of Standard Operating Guidelines, and which, in the opinion of the City or the Board of Police requires immediate action to prevent and /or mitigate the occurrence (or risk of the occurrence) of any of the foregoing; r) "Emergency Service Request or Requirement" means a Service request by the Board of Police Representative or a Service requirement identified by the Board of Police Representative or the Facility Management that corresponds to a situation, event, occurrence, or multiple occurrences that has an " Emergenry" priority as described in paragraph 3.2.3; sj "Environmental and Safety Services" has the meaning ascribed thereto in section S. t) "Estimate" means one of the following four (4) classes of estimates: A. Class A estimate: based on complete working drawings and specifications, prepared prior to calling competitive tenders, and sufficient to enable detailed evaluation of tenders; B. Class B estimate: based on design and preliminary drawings and outline specifications for the project, including the design of major systems and subsystems, and the results of site investigations, sufficient to provide for the establishment of realistic cost objectives; C. Class C estimate: based on a full description of the preferred option's concept design, construction approach and market conditions; D. Class D estimate: based on a statement of requirements and an outline of potential solutions, sufficient to provide an indication or order of magnitude of the final cost and enable ranking of options being considered; s) "Event" has the meaning ascribed thereto in paragraph 3.2.3, exduding any criminal acts; and "Events" means any one of them; t) 'Expected Useful Life" means the average amount of time, in years, that an item, component or system Is estimated to function when installed new and assuming Routine Maintenance within the Police headquarters; and "EUV shall have a corresponding meaning; Police Headquarters 280 version 3.4 Ak SAINT TORN Management Specification Page 3 of 69 ` +� u) "Facility Management" means the asset management division of the Finance & Administrative Services Department of the City; v) 'Fire Management" has the meaning ascribed thereto in paragraph 5.2.3; w) "Functional Areas" has the meaning ascribed thereto in Table A of section 1.2; and "Functional Area" shall have a corresponding meaning; x) "General Administration of *Services" has the meaning ascribed thereto in paragraph 3.2.6, Y) "General Management" has the meaning ascribed thereto in section 3 ; and "General Management and General Administration of Services" shall have a corresponding meaning; z) "General Repair Services" means carpentry work and installation of wall hangings provided by the Board of Police, but for certainty, excludes assembling or repair of furniture or other operational equipment, furniture moving, and operational equipment maintenance; aa) "Grounds Maintenance and Landscaping Services" has the meaning ascribed thereto in section 8; bb) "Hazardous Materials Management" has the meaning ascribed thereto in paragraph 5.2.2; cc) "Holding Cells" means the subsurface twenty -one (21) holding cells in the Holding Facility; dd) mHorticulture Services" has the meaning ascribed thereto in subsection 8.2; ee) "Hours of Operations" has the meaning ascribed thereto in Table A of section 1.2; if) 'HVAC" means for the heating, ventilation, and air conditioning system of the Police Headquarters; gg) "Integrated Pest Management" has the meaning ascribed thereto in paragraph 5.2.1; and "IPM" shall have a corresponding meaning; hh) "IPM Contractors" means the Contractor that delivers the services relating to the Integrated Pest Management; ii) "IPM Program" means a program that is developed as a guideline fior Integrated Pest Management services and provides a summary of responsibilities of various individuals who have specific roles in the management and administration of the program (including IPM Contractor, the Clty,'and the Board of Police); and roles and responsibilities in the areas of education, inspection, sanitation consultation, and treatment are provided such that a complete IPM Service is provided; "IPM 5ervioas" has the meaning ascribed thereto in paragraph 5.2.1; kk) "Janitorial Services° has the meaning ascribed thereto in section 9, 4 y.v Police Headquarters 281 Version 3.4 Management Specification Page 4 of 69 II) "Landscape Services" as the meaning ascribed thereto in section 8; mm) "Maintenance Services" has the meaning ascribed thereto in paragraph 4.2.5, which includes Preventative Maintenance, Routine Maintenance and Demand Maintenance; nn) RMajor Activltlee means activities or Services that have a significant Impact on the Police Headquarters as determined by the Facility Management and/or activities that have a significant impact on operations of the SJPF,,as agreed by the City and the Board of Police; oo) "Manager of the Facility Management" means the manager of the Facility Management or his designate; pp) "Material Safety Data Sheet" means a form detailing the chemical and physical properties, hazards, and ways of safely handling a toxic chemical; qq) "PrIorlty" means the rating, by the Facility Management, of a Service Request of the Board of Police or the Board of Police Representative, or a Service Requirement identified by the Board of Police or the Board of Police Representative or the Facility Management, based on an evaluation of that Service by the Facility Management which determines the appropriate "Response Time" for the Service Request or Service Requirement as provided in paragraph 3.2.3; rr) 'Special Projects" has the meaning ascribed thereto in paragraph 4.2.7; ss) "Projected Capital Renewal Requirements" means a Capital Requirement that is projected during a Contract Year or such other period determined by the Manager of the Facility Management; tt) "Project Services" includes those services as follows: A. in -house services; B. Statutory testing services; C. Maintenance Services, D. Capital Renewal Services; and E. Special projects; uu) "`Rectification Time" means the time lapsed between initial logging of the Service Request electronically or, in the case of an emergency, the time in which a call is received by the Building Technician from the Board of Police Representative and the time In which the required action resulting from the Service Request is completed; vv) "Remaining Useful Life" means an estimate based upon observations, or average estimates of similar items, components, or systems, or a combination thereof, within the Police Headquarters, of the number of remaining years that an item, component, or system is estimated to be able to function in accordance with its intended purpose before warranty replacement; police Headquarters 282 Version 3.4 TORN SAITORN Management Specification Page of 69 , ww) "Response Time" means the time elapsed between initial logging of the Service Request or, in the case of an emergency, the time in which a call is received by the Building Technician from the Board of Police Representative and the time in which the Building Technician or dispatched Contractor arrives at the Police Headquarters to initially review the situation; xx) 'Restricted Access' refers to Functional Areas within the Police Headquarters whereby City or a Contractor must be provided access and be accompanied by a representative of the SJPF at all times that the Functional Area is being accessed by the Gty or a Contractor; yy) "Restricted Aneae refers to those Functional Areas, that because of the nature their contents, operations and /or function, can only be accessed by the City or a Contractor when accompanied by a representative of the SJPF; and "Restricted Access" shall have a corresponding meaning; zz) 'Routine" has the meaning ascribed them in paragraph 3.2.3; aae) 'Routine Maintenance" has the meaning ascribed thereto in subparagraph 4.2.5.2; bbb) "Routine Service Requests" means requests for Service under the Management Specification by the Board of Police Representative to the Facility Management that falls within Routine Maintenance; ccc) "Security Clearance" means the authorization provided by the Chief of the Police, to a Person based upon the review of information provided by the Person and such information will be of form and substance solely determined by the Chief of Police which level of authorization is the sole discretion of the Chief of Police and the Manager of the Facility Management; ddd) "Services" means all activities within the Service Categories to be undertaken by or on behalf of the City in the performance of the Management Specification; '''Service" means any of those services; eee) "Service Categories" means those services to be provided under the following categories, General Management and Administration of Services, Project Services, Environmental and Safety Services, Utilities Management Services, Waste Management and Recycling Services, Grounds Maintenance and Landscaping Services and Janitorial Services; fff) "Service Request' means those service request as defined in section 1.1 of the Agreement which is filed electronically between the Board of Police Representative and the Facility Management; and 'Service Requests'; "Service Requirement", 'Service Requested", and'rService Required" shall have a corresponding meaning; ggg) 'Tangible Capital Asset" means a physical substance that, is held for use by the City in the production or supply of goods and services for the development, construction, maintenance, alteration or repair of other tangible assets; has a useful life extending beyond one (1) year; Is intended to be used on a continuing basis; is not intended for sale In the ordinary course of operations; and has a minimum value of $5,=, �- -A Police Headquarters 283 Version 3.4 Management Specification Pose S of 69 SAINT iOHN t.00% hhh) 'Urgent' has the meaning ascribed thereto in paragraph 3.2.3; iii) "Urgent Service Request or Requirement" means Service Request by the Board of Police Representative or a Service Requirement identified by the Board of Police Representative or the Facility Management that corresponds to a situation, event, occurrence, or multiple occurrences that has an "Urgent" priority as described in paragraph 3.2.3; and "Urgent Service Requests or Requirements"' shall have a corresponding meaning; 1U) "Utility" means a service delivered to or captured from the Police Headquarters, Including electricity, gas, water and sewage, and storm sewer. For certainty, telephone, data, wireless internet, cable, and satellite are excluded from this definition; " Utllities" and shall have a corresponding meaning; kkk) "Utiiitfas Services" has the meaning ascribed thereto in paragraph 6.2.1; Ill) "Utility Systems" means all improvements, materials, supplies, appurtenances, and fixtures forming part thereof, attached thereto, installed thereon or otherwise incorporated therein to the Police Headquarters, with the exception of point of use devices; and "U1111ty System" means anyone of them; mmm) NUtilitles Management Services" has the meaning ascribed thereto In section 6; nnn) "Utilities Services" has the meaning ascribed thereto in paragraph 6.2.1; 000) "Waste Management and Recycling Services" has the meaning ascribed thereto in section 7. 1.2. OPERATING ENVIRONMENT AND HOURS OF OPERATIONS The following table provides a general description of the functional Areas within the Police Headquarters as well as the access level and Hours of Operations for those areas, TABLE A — FUNCTIONAL AREAS FUNCTIONAL AREA DESCRIPTION HIGH PRIORITY CONSiDERATIONSAND ACCESS LEVEL HOURS OF POLICE OPERATIONS Administration This area includes the senior Controlled Access. The 07:30 to 1730 hrs, Monday to executive of the S1PF S.IPF`s human resources Friday. Individual and group including the office of the records are stored In a use of the space outside of Chief of Police. secured area. these hours will occur regularly. Training The training division controlled Access. 07:30 to 17:30 hrs, Monday to Incorporates the training and Friday. Individual and group breakout rooms and the use of the space outside of associated staff offices. these hours will occur regular . Police Headquarters 284 Version 3.4 1 ~ SAINT iOHN Manapment Specification Page 7of6g Records This area incorporates all of Restricted Access. Requires 07:30 to 17:30 hrs, Monday to the SIPF's criminal and maintaining industry Friday. Individual use of the associated fides. It also standard HVAC conditions space outside of these hours incorporates the archived for storage of records. will occur regularly. records room. Court services The staff of this area is the Controlled Access. 070 to 16:00 hrs, Monday to link between the SJPF and the Friday. Limited use outside of Law Court Facility. these hours. Also limited staffing Saturday and Sunday momings. Victim services The SJPF's link to the `victims' Controlled Access. 06:00 to 16:00 hrs, Monday to of crime. Incorporates both Friday. Individual use of the paid and volunteer resources. space outside of these hours will occur regularly. Public safety Provides 911 and non- Restricted Access. Space occupied and utilized communications emergency call processing Specialized equipment. 2417/365(6). centre and associated services. Continuous uninterrupted electrical and other service provision required. Patrol division Provides all patrol related This space requires Space occupied and utilized operations, including traffic continuous and 24/7/363(6)• services. Includes briefing uninterrupted services. rooms and report writing room. Criminal Provides all investigative and Restricted Access. Space occupied and utilized Investigations Intelligence related services. incorporates use of various 24171365(6). intensity of use Division ( "CID°) includes Family Protection audio and visual recording will vary outside of 07:00 to Unit. includes briefing rooms devices. This space requires 18:00 hrs, Monday to Friday, and major project rooms. continuous and uninterrupted services. Fundy Integrated Integrated intelligence unit. Restricted Access. Space occupied and utilized Intel Unit ( "FIIU") 2417/365(6). Intensity of use will vary outside of 07:00 to 180 hrs, Monday to Friday. Forensics Provides/facilitates all Restricted Access. Space occupied and utilized Identification and forensics incorporates specialized 24171365(6). Intensity of use services. equipment and specialized will vary outside of 07:00 to HVAC and system 18:00 hrs, Monday to Friday. requirements. Specific cleaning and disposal services Wohozords exduded. Incorporates i y Police Headquarters Management Specification RAf�T9' 1i�A�A�I 285 Version 3.4 Page 8 of 69 °''' FYI II I�1 �1IIIY I I I IYI IIII I 1 YYIY�YIYI�II.YI.. j IYY II�YYYYYYYYYYr Poilce Headquarters 286 Version 3.4 Management Specification Page 9 of 69 { SAINT iOHN vehicle examination garage. Holding Cells Includes twenty-one (21) Restricted Access. Space occupied and utilized holding cells and associated Shared with adjacent Law 24/7/365(6). Intensity of use services and functions. Court Facility. High will vary depending upon Intensity use; served by associated court and poke independent HVAC system. activity. This space requires continuous and Interrupted services. Regular and unscheduled maintenance and cleaning the norm. Property /Exhibit Retains and administers all Restricted Access. Some COW to 16.00 hrs, Monday to control evidences, seized property specialized HVAC Friday. Individual use of the and associated goods and requirements. space outside of these hours materials. Also administers will occur regularly. Placement various equipment and of materials and goods In uniform requirements for the lockers can occur at any time. SJPF. Staff lounge Area used by all members of Controlled Access. Space occupied and utilized SJPF for meal/health breaks. 24/7/365(6). Fitness centre Area used by all members of Controlled Access. Space occupied and utilized SJPF. 24/7/365(6). Locker / Shower Area used by all members of controlled Access. i Space occupied and utilized rooms SIPF. 24/7/365(6). FYI II I�1 �1IIIY I I I IYI IIII I 1 YYIY�YIYI�II.YI.. j IYY II�YYYYYYYYYYr Poilce Headquarters 286 Version 3.4 Management Specification Page 9 of 69 { SAINT iOHN 2. DIVISION OF RESPONSIBLITY 2.1. GENERAL The Management Specification set out the mutually agreed requirements for the provision of Services by City to the Board of Police. The following table summarizes the Services that are to be provided by City to the Board of Police, the Services that are the sole responsibility of the Board of Police, and the Services that are provided on a shared basis between the Parties. SERVICE DESCRIPTION RESPONSIBIII,iTY CITY BOARD OF POLL SHARED General Management and General Administration of Services ✓ Project Services ErnAronmental and Safety Services ✓ Utilities Management Services ✓ waste Management and Recycling Services ✓ Grounds Maintenance and Landscaping Services ✓ Janitorial Services IT services tinduding computers, software, programming of card access, general trouble shooting associated with security systems, and any other services related to Information technology) ✓ Security equipment (hardware) maintenance ✓ Procurement of goods and services related to the delivery of Management Specification cation services as described herein ✓ Monitoring and recording of security cameras ✓ Procurement of goods and services specifically related to Policing Services Administration of parking Telephone, data, wireless internet, cable, and satellite ✓ Portering services for police officers and clients, specimens and sam les, and materials related to investigationsfinquirles Fite Management Plan ✓ Fire drills Police Headquarters 287 Version 3.4 Management Specification Page 10 of 69 SMNT TOHN 3. GENERAL MANAGEMENT AND GENERAL ADMINISTRATION OF SERVICES 3.1. GENERAL General Management and General Administration of Services is required in order to maintain the level of service that Is outlined in the Management Specification through the establishment of processes and methods for which Services are to be requested, completed, evaluated, and reported. 3.2. SERVICE REQUIREMENTS 3.2.1. General Management The Manager of the Facility Management is responsible for the overall management of the Management Specification on behalf of the City of Saint John and will be responsible for General Management services throughout the Term of the Agreement and Include as follows: A. Contract management — overall management of the Management Specification and Contractor agreements; B. Resource management and allocation — recruitment; human resource management, allocation of resources; C. Training — provision and delivery of training, maintaining certifications; D. Performance and quality management — ensuring expected level of service is achieved; E. dispute resolution; and F. Service review— reviewing service for changing environments and/or needs. The Board of Police, who has responsibilities In each of the areas described above, will designate a Board of Police Representative who will liaise with the Manager of the Facility Management with respect to all General Management services on behalf of the Board of Police. The Board of Police Representative will be able to make decisions as they relate to the administration of the Management Specification on behalf of the Board of Police. 3.22. Representative Personnel 3.2.2.1. The City of Saint John In an effort to maintain consistency and ensure the expected level of service is being achieved, a Building Technic' ian will be appointed by the Manager of the Facility Management to the Police Headquarters and will be the primary point of contact for all matters related to the provision of Services as described in the Management Specification. This individual will work a 35 hour work week, Monday through Friday, including Core Business Hours, or as deemed necessary by the Manager of the Facility Management. The Building Technician will be available for Emergency situations, on a 24 hour per day, 365(6) days per year basis, except during periods of scheduled time off. Adequate notice of scheduled time off will be provided to the Board of Police Representative whenever reasonably possible. Police Headquarters 288 Version 3.4 SAINT ifDHN Management Specification page 11 CV69 The Building Technician will not be required to be on site during all Core Business Hours, however, he /she will be present to monitor all Major Activities and for a reasonable amount of time to perform routine inspections. The Building Technician will be permitted to dispatch Contractors on behalf of the city to perform any Service Requested or Service Required by the Management Specification, who will be provided appropriate access by the Board of Police Representative. Notice will be provided to the Board of Police Representative when Contractors are dispatched to coordinate a mutually acceptable time to access the Police Headquarters. . The Building Technician will be equipped with a mobile device complete with provision for voicemaii messages and /or automatic call transfer. In the event the Building Technician cannot be reached, a 24 hour per day, 365(6) days per year answering service will be available to redirect these cells in the case of an Emergency Service Request or Requirement, or Urgent Service Request or Requirement. The Board of Police will provide space in the Police Headquarters that is mutually acceptable to the Manager of the Facility Management and the Board of Police, which is suitable for a permanent workstation for the unrestricted use of the Building Technician. in addition, the Board of Police must provide mutually acceptable space forthe storage of equipment and materials on each floor of the Police Headquarters which will be required to implement the Management Specification. 3.2.2.2. Board of Police The Board of Police will appoint a Board of Police Representative for all matters related to the Police Headquarters. The Board of Police Representative will be available Monday through Friday, Including the Core Business Hours. In the absence of the Board of Police Representative, an alternative representative will be appointed on a temporary basis to perform this function. Adequate notice of these instances will be provided to the Manager of the Facility Management whenever reasonably possible. The Board of Police Representative will be equipped with a mobile device complete with provision for voicemail messages and/or automatic call transfer. The Board of Police will ensure that an individual is available at the Police Headquarters at all times, on a 24 hour per day, 365(6) days per year basis, to provide access to Restricted Areas and /or Controlled Areas of the Police Headquarters in the case of an Emergency. 3.2.3. Service Request Management The City shall be available to respond to Service Request(s) or Service Requirement(s) within a reasonable timeframe as set out in the table below on a 24 hour per day, 365(6) days per year basis. SERVICE REQUEST PRIORITY EVENTS RESPONSETIME Any Police Headquarters related Event or Service Request which if not addressed will result in absolute disruption, for example, Emergency stoppage of the Board of Police activities, significant property 30 minutes damage, or immediate potential for serious injury or loss of life. Any Police Headquarters related Event or Service Request which if not addressed will cause operational problems or temporary Urgent disruption to Board of Police activities, minor property damage, 4 hours or which may develop into an Emergency If not remedied. Polka Headquarters 289 Version 3.4 Management Specification Page 12 o.69 q,A8NT WOIR T SERVICE REQUEST EVENTS RESPONSE TIME PRIORITY Any Police Headquarters related Event or Service Request that Is not seen as Immediately detrimental, will not muse significant Routine operational problems or disruption to Board of Police activities, 48 hours will not likely result in property damage, or will not likely result in the potential far Injury. The City will provide the Board of Police Representative access and appropriate permissions to an Electronic Service Request Management System. The City will also provide the necessary training and orientation to ensure Service Requests are logged properly in the ESRMS. At a minimum, the ESRMS will have the ability to record the following information: Service Request reference number; Requester's name; Date and time of Service Request; Brief description of Service Request; Classification or priority of Service Request; Location within the Police Headquarters, ■ Attachments (e.g. photo); Service Request assigned to; Description of corrective action required; Status of Service Request; Anticipated completion date; Actual completion date; and Rectification time. Information will not be deleted from the ESRMS unless approved by the Manager of the Facliity Management. Emergency Service Requests or Requirements and /or Urgent Service Requests or Requirements will be made by contacting the Building Technician directly as soon as safety possible. it Is the responsibility of the Board of Police Representative to log all Emergency Service Requests and /or Urgent Service Requests or Requirements electronically as soon as It Is practically possible to do so, and no later than the next calendar day. The Board of Police is only to contact the Building Technician and/or answering service after Core Business Hours in the case of an Emergency Service Request or Requirement. If an after -hours call is recelved outside Core Business Hours, which is not an Emergency Service Request or Requirement, additional costs in addition to an Administrative Fee shall be billed to the Hoard of Police. All Routine Service Requests are to be logged in the ESRMS by the Board of Police Representative to ensure accurate tracking and associated reporting capabilities are realized. t Police Headquarters & 290 Version 3.4 SAINT iOHN Management Specification Page 23 of 69 � In the case that the Building Technician becomes aware of an Emergency situation, the Building Technician will contact the Board of Police Representative directly as soon as safely possible. In these instances, the Building Technician will log the Service Request electronically at a time when It is deemed safe to do so. if the Service Request or Service Requirement is initiated by the Board of Police Representative, the Board of Police will make the initial determination of the Priority of the Service Request. The Building Technician, it his or her discretion, has the right to change the Priority of the Service Request. These changes In Priority Will be recorded electronically. No work shall be completed in the Police Headquarters by the Board of Police which has any impact, positive or negative, on the base Police Headquarters systems without prior written approval from the City. 3.2.4. Procurement of Services and Contractor Management The City and the Board of Police are responsible for the procurement of goods and services described In subsection 2.1. In the procurement of services, the City must abide by the requirements of the Competition Act Municipalities Act, Public Purchasing Act, and the Policy for the Procurement of Goods, Services and Construction approved by Common Council. Although, both Parties shall endeavour to solicit input from each other an procurement matters impacting both Parties, all decisions will be at the full discretion of the responsible party. Colour coded and numbered Contractor identification (ID) badges must be supplied by the Board of Police at the point of entry to the Police Headquarters. The Board of Police must also provide a means to record time in and out at the point of entry for all Contractors who visit the Police Headquarters. A separate log book can be provided for Contractors. At a minimum, the following will be recorded: ID badge number; Date of visit; Name of company; IF Name of employee; Phone number, Reason for visit; ■ Anticipated duration of visit; ■ Time in; ■ Time out; and initials of receptionist verifying time in/out. Contractor logs must not be disposed of unless approved by the City and must be provided upon request. other visitor logs are the property of the Board of Police. The City shall exercise a reasonable level of supervision for all contracted services In the Polite Headquarters, although, full time supervision will not necessarily be provided. Contractors performing Services in the Police Headquarters will be required to provide competent supervision of their own personnel at all times. Police Headquarters 291 Version 3.4 ,E ` Management Spedfication Page 14 of 69 RATNT TOWN '� All Contractors who undertake work in the Police Headquarters will be subject to a Security Clearance. In the event that personnel of the Contractor cannot obtain the, required Security Clearance, the Chief of Police has a right to refuse entry Into the Police Headquarters. The City Is responsible for its Contractors and the Services performed in the Police Headquarters. At no time is the Board of Police Representative authorized to direct Contractors to perform Services of any kind beyond what was authorized by the City. If additional services are required, the Board of Police Representative must enter the Service Request into the ESRMS or contact the Building Technician who will provide proper authorization if required. 32.5. Communication As much as possible, all formal requests, feedback, and other communication between the Parties shall be provided in writing. Acceptable means include email, memorandum, and letter forms. Written communication shall be filed and retained with the Common Clerk's office of the City for a period of seven (y) years. 3.2.6. General Administration of Services General Administration of Services will include: A. Billing — monthly billing, year -end reconciliation; B. Accounts management — ensuring accounts remain current, working to resolve any billing issues or discrepancies, providing statements of account as required; C. Report generation — generating reports for cost of service; and D. General administration — recording minutes of meeting and general administrative tasks. 3.2.7. Performance and Quality Monitoring In providing the Services, the City will consider the needs and interests of the Board of Police, police officers, staff, and volunteers, clients, visitors, Contractors to the Board of Police and the public. The City will review the performance of its Contractors on a regular basis to ensure they are satisfying the service requirements or standards described herein. This will include monthly inspections with the Board of Police Representative, routine Inspection of work completed by Contractors, and frequent communication with the Board of Police Representative. The Board of Police Representative will have ample opportunity to evaluate and report on the quality of services received by Contractors via an electronic service evaluation form, which will be developed by the City and made available to the Board of Police. The Manager of the Facility Management will conduct random inspections and site visits as a quality assurance mechanism and have regular communication with the Board of Police Representative to evaluate performance. City personnel involved in the provision of Services associated with the Police Headquarters will have annual performance reviews, The Board of Police Representative will be asked to evaluate and report on the quality of services received by City personnel on a regular basis via an electronic service evaluation form, which will be developed by the City and made available to the Board of Police. Police Headquarters 292 Version 3.4 SAl'lVT TORN Management Specification Page 15 of 69 In addition to the above, the Board of Police Representative will be asked to evaluate and report on the overall quality of services received by the City on a semi - annual basis via an electronic service evaluation form, which will be developed by the City and made available to the Board of Police. 32.8. Monthly Meetings The Manager of the Facility Management and the Board of Police Representative will meet on a monthly basis to discuss overall service delivery. An agenda will be developed by the Manager of the Facility Management before the initial meeting and made available to Board of Police Representative twenty-four (24) hours prior to the meeting. The intent of the meeting is to ensure communication is maintained and issues are identified before they become serious concerns. These meetings are intended to be general in nature and not meant to substitute for formal reporting and annual service reviews as described in paragraph 3.2.9 and paragraph 3.2.10, although, similartopics may be discussed. 3.2.9. Periodic Reporting The City will develop a semi- annual report for the Board of Police. This will include, but not necessarily limited to the following: Actual (year -to -date) versus budget costs associated with energy and water consumption (refer to section 6 for further information on energy and water reporting); Summary of Service Requests, including rectification time and associated costs; Discussion of outstanding concerns or issues related to service delivery; and Review of capital renewal projects undertaken year -to -date or planned for balance of year, If applicable. 3.2.10. Annual Service Review Within ninety (90) calendar days of year end, the City and the Board of Police will meet to complete an overall service review. Items to be discussed will include, but not necessarily limited to the following: • Actual versus budget costs associated with Utilities; Summary of Service Requests, including rectification time and associated costs; ■ Average rectification times; Discussion of concerns or issues related to service delivery; Review of overall quality of cervices; -n Discussion of suggested or proposed changes to the scope of services; * Review of Capital Renewa I Projects undertaken during the year; and Review of Projected Capital Renewal Requirements during year ahead and ten to fifteen (10 -15) year outlook. The above items will be assembled by the City in a report prior to the review meeting. Police Headquarters 293 Version 3.4 Management Specification Page 16 of 69 9MNT TOMN 4. PROJECT SERVICES 4.1. GENERAL The City shall provide Project Services, on 24 hours per day, 36S(6) days per year basis, as may be required to meet the service standards of the Management Specification. 4.2. SERVICE REQUIREMENTS 4.2,1. Quality of Work Project Services will be based on sound technical and operational requirements and standards in accordance with Good industry Practice, in order to maintain the Police Headquarters in a good state of repair and to maintain a safe, compliant, functional, working, barrier -free environment. Refer to paragraph 3.2.7 for further information. 4.2.2. Notifications Wherever possible, the City will provide written notice to the Board of Police Representative three (3) Core Business Operations in advance for work that may affect Board of Police activities in a substantive way. Where disruptions are determined by the City to be minimal, shorter or no notice will be provided, as deemed necessary by the Manager of the Facility Management. Project Services will be provided so as to minimize disruption to Board of Police activities as much as possible. If agreements cannot be reasonably made to accommodate the work, the Manager of the Facility Management shall liaise with the Board of Police Representative to agree upon an alternative time to carry out the Service. Where the City subsequently carries out the Service at the agreed alternative time, the City shall be deemed to have complied with carrying out the Service. Where additional costs over and above what would normally be expected are required to accommodate the Board of Police's requirements for the work schedule, these additional costs shall be billed to the Board of Police in addition to an Administrative Fee. Notifications of service interruptions and /or outages will be provided by the City as soon as reasonably possible. 4.2.3. In -House Services Services provided by the City "in house" may include General Repair Services at the discretion of the City. The City reserves the right to contract services out as deemed necessary. 4.2.4. Statutory Testing Services The City will facilitate the undertaking of all statutory and regulatory tests, which may be required, including, but not limited to: Pressure-vessels; ,r Police Headquarters 294 Version 3.4 SAINT iOHN Management Specification POW 17 of 69 � Fuel storage tanks; Boilers; Elevating devices; Fire alarm systems; Sprinkler systems; and Fire extinguishers. Up to date records for all Inspections, tests, and certifications will be maintained by the City and available to the Board of Police upon request. The Board of Police shall be responsible for inspection and testing of all operational equipment that does not form part of the base Police Headquarters systems. 4.2.5. Maintenance Services Three (3) types of Maintenance Services will be provided by the City, and are described in further details below, 4.2.5,2. Preventative Maintenance This category of maintenance is planned and is intended to ensure equipment and systems perform efficiently as designed and realize the entirety of their Expected Useful Life. Preventative maintenance tasks are developed through a combination of manufacturers' recommendations, Good Industry Practice, and past knowledge and experience. Preventative Maintenance for the Police Headquarters shall include, but not necessarily limited to: Police Headquarters 295 Version 3 4 f Jsl Management Specification Page I8 of 69 #�� `' QAVWT TORN) FREQUENCY OF GENERAL DESCRIPTION OF PREVENTATIVE ELEMENT PREVENTATIVE MAINTENANCE LWNTENANCE Police Headquarters Building Monthly Facility Inspectlon overhead Doors Quarterly Visual inspection, lubrication, P#ftning Police Headquarters 295 Version 3 4 f Jsl Management Specification Page I8 of 69 #�� `' QAVWT TORN) The table above is not intended to by a complete list of preventative maintenance activities. A preventative maintenance guideline will be developed within twelve (12) months of Final Completion of the Police Headquarters, which will describe all preventative maintenance requirements and the frequency at which they will be undertaken. This will be based on the standards described above. 4.2.5.2. Roadne Maintenance This category of maintenance typically initiates from a Preventative Maintenance or Police Headquarters inspection, or is a requirement resulting from improperly functioning or failure of equipment or system that is a consequence of regular /expected use and wear. Although not always the case, this type of maintenance is generally not planned. Routine Maintenance shall include: Replacement of light bulbs, Interior repairs, and Minor exterior repairs. The following table presents a list of what Police Headquarters system elements are included and excluded from Routine Maintenance (as applicable for the Police Headquarters). COMPONENT INCLUDES EXUDES 1) Wall and column foundations; 1) General excavation to reduce Standard foundations 2) Foundation walls up to level of levels (see Site preparation), top of slab on grade; 2) Excavation for basements (see 3 ) Foundation excavation, backkfill, Basement construction); Pollee Headquarters 296 Version 3.4 Management Specification SAINT iO1HN Page 19 of 69 � COMPONENT INCLUDES EXCWDES and compaction; 3) Basement walls (see Basement 4) Footings and bases; construction), and 5) Perimeter insulation; 4) finder -slab drainage and 6) Perimeter drainage; Insulation (see Slab on grade). 7) Anchor plates; and B} Uewatering. 1) Standard; 2) structural; 3) Indined slabs on grade; 1) Applied floor finishes (see 4) Trenches; Interiors); and Slab on grade 5) Pits; 2) Hardeners and sealers to the slab 6) Bases; (see interiors). 7) Under -slab drainage; and s) Under -slab insulation. 1) Backfill and compaction; 1) General grading to reduce levels 2) Excavation support system; over site (see Site preparation); 3) Basement wall construction; 2) walls above grade that enclose Basement construction 4) Moisture protection; and basements (see Exterior walls); 5) Basement wall construction and below grade. 3) Perimeter drainage (see Standard foundations). 1) Floor structural frame; 2) Interior structural walls; 3) Floor slabs and decks; 4) Inclined and stepped floors; 5) Expansion and contraction joints; 1) Exterior load bearing walls (see 6) suspended ramps; Exterior walls); 7) Exterior stairs and fire escapes; 2) Applied and suspended ceiling 9) Other floor construction (for and floor finishes (see Interiors); Superstructure example, catwalks, space frames, 3) Stair construction I see Interiors); etc.); 4) Roof coverings (see Roofing); 9) Roof structural frame, 5) Skylights and roof openings (see 101 Structural Interior walls Roofing); and supporting roof; 6) Stair Construction (see Interiors). 11) Roof decks, slabs, and sheathing; 12) Canopies; and 13) Other roof construction. 1) Exterior wall construction with 1) Applied finishes to Interior faces facing materials, exterior applied of exterior walls (see Interiors); finishes, back -up construction, 2) Columns and beams In exterior framing, sheathing, wallboard, walls (see superstructure); parapet walls, insulation, and 3) Venetian blinds (see Fixed Exterior walls vapor retarders; furnishings); 2) Exterior load - bearing wall 4) Other Interior sun control devices construction; (see f=ixed furnishings); 3) Exterior louvers and screens; 5a Roof eaves and eaves soffits (see 4 ) Exterior sun control devices; and Roofing); and Police Headquarters 297 Version 3.4 ; Management specification Page 20 of 69 TOUN COMPONENT Prison cell doors or furnishings INCLUDES (see Special construction EXCLUIDES Systems); 5) Exterior soffits. 6) Glazed curtain walls (see Exterior 4) Fire extinguishers (see Fire Protection specialties); windows). Steps in structural slabs (see 1) Windows, 6) Finishes to exterior soffits (see 2) storefronts; Chalk and tack boards; 8) Wall hangings; 3) Curtain walls; 10) Exercise equipment; Exterior windows 4) Exterior painting of windows; and i) window treatments (see Fixed cubicles. 5) Wall opening elements such as furnishings). lintels, sills, flashings, etc. Exterior doors 11 Personnel doors. 1) N/A Overhead doors 1) Other large doors. 1) NIA 1) Roofing membranes; 2) Traffic coatings; 3) Waterproof membranes below Roofing Interiors Jdaru P6. 4) Expansion Joints; 5) Vapor retarders; 6) Roof and deck Insulation; 7) Flashings and trim; 8) Gutters and downspouts; 9) Roof drain bodies and strainers; 10) Eaves and eaves soffits; 11) Skylights; 12) Area glazing; 13) Roof hatches; 14) Gravity roof ventilators; and 15) Smoke vents. 1) Fixed partitions; ' 2) Demountable partitions; 3) Retractable and movable partitions; 4) Operable partitions; 5) Interior balustrades and screens, 6) Interior window and storefronts; 7) Standard swinging doors; 8) Glazed doors; 9) Sliding and folding doors; 10) Fire doors; 11) Door frames; 12) Door hardware, 13) Door opening elements; 14) Door painting and staining; 15) Hatches and access doors; 16) Identifying devices; 17) Toilet and bath accessories; 18) Handrails and ornamental metals; 1) Roof drain rain water leaders (see Rain water drainage); 2) Parapet walls (see Exterior walls); and 3) Powered and ducted ventilators (see Distribution systems). 1) Prison cell doors or furnishings (see Special construction Systems); 2) Operational equipment; 3) Movable furniture; 4) Fire extinguishers (see Fire Protection specialties); 5) Steps in structural slabs (see Superstructure); 6) Finishes to exterior soffits (see Exterior walls); 7) Chalk and tack boards; 8) Wall hangings; 9) Lockers, 10) Exercise equipment; 11) Movable storage shelving; and 12) Fabricated compartments and cubicles. Police Headquarters 298 version 3.4 SAINT iOHN Management Specification Page 21 of 69 �„�, COMPONENT INCLUDES EXCWDFS 20) Closet specialties; 21) Stair treads, risers, and landings; 22) Handrails and balustrades; 23) Finishes to treads, risers, landings, and soffits, 24) Finishes to hand rails and balustrades; 25) Concrete wall finishes; 26) Wall plastering; 27) Wallboard; 28) Tile and terrazzo; 29) Painting; 30) Wall coverings; 31) Acoustic wall treatment; 32) Other coatings and finishings; 33) Floor toppings and traffic membranes; 34) Hardeners and sealers; 35) Tile, terrazzo, wood, and resilient flooring; 36) Carpeting; 37) Masonry and stone flooring; 39) Other flooring (for example, conductive, armored); 39) Floor painting and staining; 40) Access pedestal flooring; 41) Exposed concrete finishes, 42) Plaster ceiling finishes; 43) Wallboard ceiling finishes; 44) Acoustic ceiling tiles and panels; 45) Ceiling painting and staining; 46) Metal strip ceilings; and 47) Other callings. 1) Passenger elevators; 2) Freight elevators; Elevators and lifts 3) People lifts; and 1) Elevator pits (see Slab on grade). 4) Wheel chair lifts. 1) Water closets; 2) Urinals; 1) Domestic hot water heaters (see 3) Lavatories; Domestic water distribution); 4) Sinks; 2) Hose bibbs (see Domestic water Plumbing fixtures 5) showers; distribution); and 6) Bathtubs; and 3) Other equipment (see Other 7) Drinking fountains. plumbing systems). 1) Pipes and fittings; 1) Plumbing fixtures (see Plumbing Domestic water distribution 2) Valves, hydrants, and hose bibbs; fixtures]. 3) Water heaters; j� Police Headquarters 299 Version 3.4 {, j Management Specification Page 22 of 69 SAINT IIORN �° °i GOMPONEKr INCLUDES EXCLUDES 4) Domestic water supply equipment; 5) Insulation; and 5) Water treatment systems. 1) Waste pipe and fittings; 2) Vent pipe and fittings; Sanitary waste 3) Floor drains; 4) Sanitary waste equipment; and 1) N/A 5) Insulation. 1) Gutters and downspouts (see 1) Pipe and fittings; Roofing); and Rain water drainage 2) Roof drain raln water leaders; and 2) Roof drain bodies and strainers 3) Insulation. (see Roofing). 1) Other piping systems; 2) Gas distribution; and Other plumbing systems 3) Fountain piping systems and 1) N/A devices. 1) Oil and gas supply; Energy supply pp y 2) Hot and chilled water supply; 1) Emergency generators (see 3) Solar energy supply. Emergency lighting and power), 1) Boilers, Including electric, 1) Electric space unit heaters and 2) Piping and fittings adjacent to baseboard, fuel fired unit heaters, boilers; and furnaces (see Terminal and Heat generating systems 3) Primary pumps; package units and Electric 4) Auxiliary equipment; and heaters); and 5) Equipment and piping insulation. 2) Controls and Instrumentation (see Controls and Instrumentation). 1) Chillers, 2) Cooling towers and evaporative coolers; 1) Secondary chilled water pumps 3) Condensing units; (see Distribution systems); Cooling generating systems 4) Piping and fittings; 2) Distribution piping (see 5) • Primary pumps, Distribution systems); and 5) Direct expansion systems; and 3) Controls and instrumentation (see 7) Equipment and pIpIng insulation. Controls and instrumentation). 1) Supply and return air systems, 1) Electrlc� gas, or oil fired unit Including air handling units with heaters (see Terminal and coils (electric included), filters, package units and Electric Distribution systems ductwork, and associated devices heaters); such as VAV boxes, duct heaters, 2) Furnaces (gas or oil) (see Terminal Induction units, and grilles; and package units); 2) Ventilation and exhaust systems; 3) Floor, oelling, and rooftop 8 Steam, hot water, glycol, and package units (see Terminal and Police Headquarters 300 Version 3.4 Management Specification Page 23 of 69 SAINT JOHN COMPONENT INCIAIDES EXCLUDES chilled water distribution; package units); 4) Associated terminal devices 4) Controls and instrumentation (see Including convectors, fancoil controls and instrumentation); units, induction units, and water and and steam unit heaters; 5) Packaged rooftop units (see 5) Heat recovery equipment; Terminal and package units). 6) Auxiliary equipment such as secondary pumps, heat exchangers, sound attenuation, and vibration isolation; and 7) Piping, duct, and equipment insulation. 1) Fossil fuel fired unit heaters, unit 1) Piping and accessories (see ventilators, and radiant heaters; Distribution systems); 2) Window or through-the-wall air 2) Hydronic or steam convectors, conditioners, with or without fan -toll units (see Distribution heating of any type; systems); 3) Reverse - cycle, water- or air- 3) Cooling towers, remote air - cooled cooled, terminal heat pumps; condensers, and evaporative 4) Wall sleeves where required; coolers (see ,Cooling generation 5) Electric or fossil fuel fired air- systems); Terminal and package units 6) handling units or furnaces; Self - contained, air- or water- 4) Air - handling units with only cooled, floor, ceiling, and rooftop hydronic heating or steam coils (see Distribution systems); air conditioners, and heat pumps; 5) Air - handling units with chilled 7) Ductwork and accessories, water or direct expansion Cooling including flue socks; coils (see Distribution systems); 9) Factory- integrated controls; 6) Electric baseboard (see Electric 9) Fossil fuel fired and electric heaters; and packaged rooftop units; and 7) Electric unit heaters (see Electric 1D) Radiant tube heaters. heaters. 1) Heating generating systems; Z) Cooling generating systems; 3) Heating/cooling air handling units; 1) Factory- installed controls, when 4) Exhaust and ventilating systems; an Integral part of terminal and Controls and instrumentation 5) Terminal devices; package units (see Terminal and 6) Energy monitoring and control; package units). and 7) Building automation systems. 1) Water supply equipment; z) Piping valm and fittings; 3) Badkflow prevention devices; Sprinklers 4) Compressors. and 1) N/A 5) sprinkler heads and release devices. IL Police Headquarters 301 Version 3.9 - f Management Specification page 24 of 69 �`� S,kwr iOtraO COMPONENT INCLUDES EXCIDDES 1) Water supply equipment, Standpipes 2) Piping valves and fittings; and 1) N/A 3) Cabinets and hoses. 1) Fire extinguishers, and Fire protection specialties 2) Fire extinguisher cabinets. 1) N/A 1) Overhead or underground transformers used for primary Main transformers electrical service, Including 1) N/A transformer, pad, trenching, and backflll. 1) Transformers fed from protection equipment on the Police Headquarters side of primary Secondary transformers transformer, including 1) N/A transformer, conduit, conduit support, and wire. 1) Protection equipment and metering devices for main Main switchboards distribution, including main 1) N/A distribution panel, breaker, fuses, and meters. Interior distribution 1) Interior step-down or back boost transformers transformers. 1) N/A 1) Branch Circuit panelboards, Panels including panelboards, breakers, 1) N/A conduit, and wire. 1) Over - current protection device enclosed In its own housing, Enclosed circuit breakers including enclosed circuit breaker, 1) N/A conduit, and wire. 1) Cabinet In which motor starters and operation devlM including the motor Control center cabinet, Motor control centers motor starters, contacts, 1) N/A switches, conduit, wire, and all associated Items. 1) Service and distribution not Other distribution systems described elsewhere. 1) N/A Branch wiring g ) Switches, receptacles, equipment 1) NIA connections, conduit and wire. Police Headquarters 302 Versfan 3.4 ! ,x SAINT iCHN Management Spedflcadon Page 25 of 69 7 COMPONENT INCLUDES EXCLUDES 1) Interior fixtures, conduit, wire, and switching devices; 2) Exterior (wall mounted only) 1j. Exterior she lighting (non -wall Lighting equipment fixtures, conduit, wire, and mounted) (see Site lighting); and switching devices; and 2) Portable lamps. 3) Hangers, brackets, and bases. 1) Wire, conduit, conduit support or 2) Emergency generators (see other fastening systems, fire alarm electrical services); devices, fire detection devices, 2) Uninterrupted power supply Fire alarm systems safety switches, all electrical (UPS) systems (see Diner connections, and other associated electrical services); Items. 3) Emergency lighting systems (see Other electrical services). 1) Central switchboards, underground ducts, and manholes, including wire, 1) Telephone sets; and Telecommunications systems conduit, backboards, cabinets, 2) Other point of use devices. outlets, and power supply connections. 1) Central switchboards, underground ducts, and 1) Servers and/or other computer Local area network systems manholes, including wire, conduit, backboards, cabinets, equipment; and and outlets. 2) Other point of use devices. 1) Wire, conduit, speakers, monitoring devices, amplifiers, Public address systems switches, power system tie-In 1) N/A devices, and detection devices. 1) Wire, conduit, power systems tie - in, safety switches, control Clock and program systems panels, battery back -up devices, 1) NIA dodcs and outlets. 11 Wire, conduit, grounding amplifiers, receivers, video Television systems equipmend, and outlets grouped 11 Televisions. according to use. 1) Wire, conduit, conduit support or fastening system security alarm Security systems devices, card access hardware , all electrical connections, and other 11 Computer software. associated Items. Other communications and 1) other communications or alarm 1) N/A Police Headquarters 303 Version 14 Management Specification Page 26 of 59 19AINT 70MM ts.t+Mi—i� COMPONENT INCLUDES pt DES alarm systems systems not described elsewhere. 11 Fixed operational equipment; 1) Emergency generators; 2) Prison cell furnishings (see Special 2) 3) UPS systems; Emergency lighting systems; 1) Electric baseboard (see Electric 4) Lightning and grounding 3) heaters); Other electrical services 1) protection systems; 2) Electric calls and duct heaters 5) Raceway systems; 5) (see Distribution systems); and Fixed furnishings 6) Power generation systems; and 3) Building automation systems (see 7) Exit lighting. Controls and Instrumentation). 6) Fixed Interior landscaping. 1) Electric coils associated with air 9) handling units (see Distribution Electric heating 1) Electric baseboard heaters; and 10) systems); and 2) Electric unit heaters. 2) Electric boilers (see Neat generating systems). 1) Fixed ladders; Equipment 2) Loading dock levelers; and 1) Moveable equipment, and 3) Waste handling equipment. 2) Operational equipment. 9 Police H uart�ers 304 Version 3.4 Management Specification SA p� 27 of g9 MINT iQHN �, � f 11 Fixed operational equipment; 2) Prison cell furnishings (see Special construction systems); 3) Operational equipment; 1) Fixed casework; 4) Movable furniture; 21 Fixed shelving; 5) Chalk and tack boards; Fixed furnishings 3) 4) Window treatments; Fixed floor grilles and mats; 6) 7) Wall hangings; Projectors, screens, and 5) Fixed multiple seating; and associated equipment; 6) Fixed Interior landscaping. 8) lockers; 9) Exercise equipment; 10) Movable storage shelving; and 11) Fabricated compartments and cubicles. I) Sound, vibration, and seismic Special construction systems 2) 2) Construction, Snow melting systems; and ) N I A 3) Prison cell doors and furnishings, 1) Retarding Instrumentation Special controls and (building security); and instrumentation 2) Building automation systems. 1) N/A 1) 2) Clearing and grubbing; free removal and thinning; 1) Building excavation for 3) Relocation of buildings and foundations and basements (see Site preparation utilities; Standard foundations, Special 4) Grading, excavating, and fill to foundations, and Basement modify site contours; construction). 9 Police H uart�ers 304 Version 3.4 Management Specification SA p� 27 of g9 MINT iQHN �, � f COMPONENT INCLUDES D(CLUDES 5) Soil stabilization and treatment; 6) Site dewatering; 7) Site shoring; and S) Embankments. 1) Paying sub-base, 2) Paving and surfacing; 3) Curbs and gutters; Roadways 4) Rails and barriers; 1) N/A S) Painted lines; and 6) Markings and signage. 1) Parking lot paving and surfacing; 2) Curbs, rails, and barriers; Parking lots 3) Parking booths and equipment; 1) N/A and 4) Markings and signage. 1) Waterproof membranes under 1) Paving and surfacing; and terrace and plaza paving (see Pedestrian paving 2) Exterior steps. Roofing). 1) Fences and gates; 2) Retaining walls; 3) Terrace and perimeter walls; 1) Signs (5ee Roadways and parking Site development 4) 5) Signs; Site furnishings; lots); and 6) Fountains and watercourses; and 2) Flags 7) Flagpoles. 1) Fine grading and soil preparation; 2) Top soil and planting beds; 3) Seeding and sodding; 1) Interior planters and planting (see Landscaping 4) Planting; Fixed furnishings). S) Planters; and 6) Irrigation systems. 1) Potable and non - potable water systems; 2) Fire protection systems, Water supply 3) Pumping stations; 1) Portable water coolers. 4) Irrigation systems; and 5) Water storage. 1) Piping; 2) Manholes; Sanitary sewer 3) 4) Septic tanks; Lift stations; and 3) N/A 5) Package waste water treatment plants. Police Headquarters 305 Version 3.4 '. Management Spetlf cation Page 28 of 69 K-1, Interior finish systems are generally replaced with Routine Maintenance and not considered a Capital Requirement. 4.2.5.3. Demand Maintenance This category of maintenance is initiated by a Service Request from the Board of Police and/or the Board of Police Representative and includes work that is not a part of the Preventative Maintenance and is not Routine Maintenance. Those Service Requests may result from damage caused by the Board of Police personnel or others, unscheduled work not required as a result of deterioration, regular wear or damage, but are requested by the Board of Police and/or upgrades to Police Headquarters components. Demand Maintenance includes: Change of paint colour; Unscheduled painting, not based on Expected Useful Life; Police Headquarters 306 Version 3.4 t Management Specification Page i ` ` 29 of 69 L =..►i SAINT 110HN a:, =^ COMPONENT INCLUDES EXCLUDES 1) Piping; 2) Manholes; 3) Catch basins; Storm sewer 4) Lift stations; 1) WA 5) Retention ponds; and 6) Ditches and culaerts. 1) Piping; Fuel distribution 2) Equipment; and 1) WA 3) Storage tanks. 1) Underground power distribution; Electrical distribution 2) Ductbanks; and 1) NSA 3) Grounding. 1) Fixtures and transformers; 2) Poles; Site lighting 3) Wiring conduits and ductbanks; 1) N/A 41 Controls; and 5) Grounding. 1) Overhead and underground communications; 2) Site security and alarm systems; Site communications and 31 Access gates and associated security equipment; 1) NIA 4) Ductbanks; and 5) Grounding. 1) Cathodic protection; and Other site electrical utilities 2) Emergency power generation. 1) WA Interior finish systems are generally replaced with Routine Maintenance and not considered a Capital Requirement. 4.2.5.3. Demand Maintenance This category of maintenance is initiated by a Service Request from the Board of Police and/or the Board of Police Representative and includes work that is not a part of the Preventative Maintenance and is not Routine Maintenance. Those Service Requests may result from damage caused by the Board of Police personnel or others, unscheduled work not required as a result of deterioration, regular wear or damage, but are requested by the Board of Police and/or upgrades to Police Headquarters components. Demand Maintenance includes: Change of paint colour; Unscheduled painting, not based on Expected Useful Life; Police Headquarters 306 Version 3.4 t Management Specification Page i ` ` 29 of 69 L =..►i SAINT 110HN a:, =^ • Repair of damaged walls, doors, or other base Police Headquarters system as a result misuse or abuse; • Repair of damage resulting from a window being left open; • Unscheduled repair or replacement of minor Police Headquarters components, not based on life cycle requirement; and /or • Unscheduled addition or upgrade of minor Police Headquarters components, for example, moving or installing new receptacles. 4.2.6. Capital Renewal Services The objective of this Service is to ensure the long-term Integrity and ongoing serviceability of the Police Headquarters through the delivery and implementation of a Capital Renewal Plan. The following industry standard Expected Useful Life estimates will be the basis of the development of a Capital Renewal Plan for the Police Headquarters: COMPONENT DESCRIPTION EUL Standard foundations Concrete 7S slab on grade All 50 Basement construction Concrete So Superstructure Steel, Concrete 75 Exterior walls Brick. Bloch, Stone, Concrete 75 EIFS 20 Wood 30 Metal cladding 40 Exterior windows All 30 Exterior doors All 30 Overhead doors Ail 20 Roofing Metal 40 Modified bituminous roofsystem 25 Interiors Effective ELIL 15 Elevators and lifts Hydraulic 15 Plumbing fixtures All 30 Domestic water d-Wibution All 30 Sanitary waste All 30 Rain water drainage All 30 Heat generating systems Boller - steel ZS Boller - cast iron 35 Boiler - electric 15 Heat exchanger - shell and tube 20 Heat exchanger - plate and frame 25 Police Headquarters 307 Management Specification .,AT aY r YQ'lUM Version 3.4 Page 30 of 69 COMPONENT DESCRIFTION I EUL Police Headquarters 308 Version 3.4�. SAINT iOHN Management Specification page 31 of 69 Chiller - McIprocaflng 20 28 Chiller - centrifugal 30 Chiller -absorption Chiller - screw 20 Cooling generating systems Chiller -scroll 35 18 Cooling tower - Elvanized metal 35 C0011n tower - flberglass 20 Condenser - air - cooled Condenser - evaporative 15 Ductwork 30 Heating and cooling piping 30 Heating/ cooling coils - direct anion is Heating / cooling calls - water 1s Distribution systems Heating/ cool[ coils - steam 22 Heats / cDoltrig coils - electric 12 Fan - centrifu I 25 Fan - axial 20 Fan - propeller 1s Fan - ventilating 20 Split V stem AC Air handling unit 25 Heat pump - air to air 15 Heat pump -water to air 18 Rooftop AC 15 Unit heater - &as 13 Terminal and package units Unit heater - electric 10 Unit heater - hot water 20 Unit heater - steam 19 Radiant heater - electric 10 Radiant heater - hot water 25 Radiant heater - gas 18 Fan coil unit 20 Controls and instrumentation Electric, DDC 20 Other HVAC systems and equipment HumldHier 15 Sprinklers All 25 Standpipes All 25 Other fire protection systems pre extinguisher 10 Main transformers Dry 30 Police Headquarters 308 Version 3.4�. SAINT iOHN Management Specification page 31 of 69 COMPONENT DESCRIPTION EVL Secondary All 30 Main switchboards All 30 Interior distribution transformers All 30 Panels All 30 Enclosed circuit breakers All 30 Motor control centers All 30 Branch wiring All 30 Lighting equipment All 20 Fire alarm systems All 10 Telecommunications systems All 10 LAN All 10 Public address systems All 10 Clock and program systems Television systems All All 10 10 Security systems All 10 Other electrical services Emergency lighting and power 10 Electric heating All 10 Equipment Dependant Fixed furnishings Dependant ' Wood laminate cabinetry 25 Special structures Dependant integrated construction Dependant Special construction systems De dent Special facilities Dependent special controls and Instrumer►tation Dependant Site preparation All 75 Roadways Asphalt 15 Parking lots Asphalt 20 Pedestrian paving Concrete 30 Site development Landscaping Dependant ' Chain link fence All is 10 Water supply Sanitary sewer All All so s0 Storm sewer All so Fuel distribution All 20 Other site mechanical utilities Dependant Electrical distribution All 30 Site lighting All 20 AM. Police Headquarters 309 Version 3.4 Ma_ nagement Spedfication Page 32 of 69 UnVINky ODIVIPONENT DESCRIPTION EUL Site communications and wwrity 1pil is Within twelve (12) months of Final Completion,'the City will develop a ten to fifteen (lo-25) year Capital Renewal Plan based on the EULs presented above and complete with opinions of probable costs associated with Police Headquarters component renewal. This Capital Renewal Plan will be evaluated on an annual basis and adjusted as required. The EULs presented above are for preliminary planning purposes only and are not meant to provide an exact year of replacement for Police Headquarters components. The Remaining Useful Life of Police Headquarters components will be reviewed on an annual basis and adjusted according to their apparent condition, serviceability, and other factors that may have an impact their useful life. The opinions of probable costs will be equivalent to the Estimate (Class D) and suitable only for planning purposes. The City will make all reasonable effort to schedule and manage all Capital Renewal Projects so as to minimize the impact on Board of Police activities. The Board of Police will make every effort to accommodate the performance of Capital Renewal Projects and will have personnel available to provide access to Restricted Access and /or Controlled Access areas of the Police Headquarters, if required. If agreements cannot be reasonably made to accommodate the work, the Manager of Facility Management shall liaise with the Board of Police Representative to agree upon an alternative time to carry out the work. Where additional costs over and above what would normally be expected are required to accommodate the Board of Police's requirements for the work schedule, these additional costs will be billed to the Board of Police In addition to an Administrative Fee. Capital Renewal Services provided by the City during the implementation of a Capital Renewal Project will include: F Development of project requirements in consultation with the Board of Police (dependant on the nature of the project); Design and specification development; Tendering and award of contract; Construction site review; Construction administration; Training (if required), and Contract close -out. The City will consult with the Board of Police during the implementation of Capital Renewal Projects (especially during initial phases) and provide regular updates on progress and schedule. Capital Renewal Projects will be completed at the cost of the City. If, upon consultation with the Board of Police, any upgrades to existing Police Headquarters systems are requested that are beyond what is deemed necessary by the City, an agreed upon cost premium associated with the upgrade will be billed by the City to the Board of Police in addition to an Administrative Fee. '. Police Headquarters 310 V erSkw 3.4 Management cification E'r SAi11T'PS IOHN B$ Page 33 of 69 r 4.2.7. Special Projects The City will provide project management and administrative services for Special Projects on an as required basis to the Board of Police for any projects that fall outside the Demand Maintenance and/or Capital Renewal Services, including leasehold Improvements. Special Projects may include: ■ Alterations to existing space; New construction and additions; ■ Spam optimization; ■ Equipment and furniture installation, '5 System furniture and office reconfiguration; ■ other Board of Police operationally driven requirements; and /or Renewal of Police Headquarters systems prior to planned /expected year of replacement due to operational reasons rather than premature failure. Special Project services may inelude., Development of project requirements; ■ Planning and estimating costs; A Design and specification development; • Tendering and award of contract; • Construction site review, including site reporting; • Construction administration, including certification of payments; • Training, if required; and • Contract close -out, including record drawings and warranties. For such projects, the costs associated with design, subcontracts, materials, and supplies are flow- through to the Board of Police without mark -up and will be subject to an Administrative Fee. Costs include labour, fringe benefits, materials, expenses, and disbursements, including in -house and contracted service costs. 4.2.8. Service Standards of Acceptance The following table summarizes the standards of acceptance Wall Police Headquarters elements: ELEMENT STANDARD OF ACCEPTANCE Ali elements (non - operational) shall at all times be functional, General operational, and safe, subject to reasonable wear and tear. Sound, secure, and weatherproof; Free from excessive deflection and structural damage; and Standard foundations Free from major cracking, spelling, and efflorescence staining. Sound, secure, and weatherproof; Free from excessive deflection and structural damage; and Slab on grade Free from major cracking, spaliing, and efflorescence staining. Police Headquarters 311 Version 3.4 Management Specification Page 34 of 69:, #;" ELEMENT STANDARD OF ACCEPTANCE Sound, secure, and weatherproof; Basement construction Free from excessive deflection and structural damage; and ■ Free from major cracking, spelling, and efflorescence staining. ■ Sound and secure; and Superstructure ■ Free from excessive deflection and structural damage. Sound, secure, and weatherproof, Free from excessive debris, moss growth, and bird droppings; and Exterior walls Free from excessive cracking, spelling, staining; corrosion, peeling paint, and or other deterioratkWdamage. Sound, secure, and weatherproof; Glazing intact and free from cracks; and Exterior windows Free from excessive staining, corrosion, peeling paint, and or other datnrinratinnMar„ ova ■ Sound, secure, and weatherproof; Glazing Intact and free from cracks; Free from excessive staining, corrosion, peeling paint, and or other Exterior doors deterioration/damage; Pnd Operate as Intended. ■ Sound, secure, and weatherproof; ■ Glazing intact and free from cracks; Overhead doors Free from excessive staining, corrosion, peeling paint, and or other deterioration/damage; and Operate as intended. Sound, secure, and weatherproof; Free from excessive debris, moss growth, and bird droppings, Gutters, downspouts, and drains free of debris and dirt to permit easy Roofing flow of water; Flashings secure and free of excessive corrosion and paint peeling; and Roof surfaces free of excesdve debris. ■ Free from damp and vermin; ■ All finishes free from undue damage and of reasonable appearance for location; Free from asbestos and other hazardous materials; Interiors ■ Floor coverings fully fixed to the substrate and free from excessive tears, scoring, cracks, or any other damage that is unsightly and /or could cause tripping hazards; and ■ Doors, fixtures, and fittings operate as intended. f7 `A Police Headquarters 312 Version 3.4 SAINT IOHN Management Specification pop 35 of 69 ELEMENT STANDARD OF ACCEPTANCE All systems shall function as intended without undue noise or vibration; Reasonably free from corrosion; Ratings clearly marked; and Elevators and lifts Maintained and tested in accordance with relevant codes and standards. Taps, valves, and other related fittings and fixtures function as Plumbing Ridures intended; and Free of drips or leaks. Deliver water at the temperatures (43 °C - 480C for public use outlets and WC - 60`C for general use outlets) and flow rates as required to serve the facility needs, Domestic water distribution Pipe work and fittings shall be fastened securely to minimize undue noise and vibration; and Free of drips or leaks. Free of drips or leaks; and z Pipe work and fittings shall be fastened securely to minimize undue Sanitary waste noise and vibration. Free of drips or leaks; and Pipe work and fittings shall be fastened securely to minimize undue Rainwater drainage noise and vibration. operate as intended. Energy supply ■ All systems shall function as intended without undue noise or vibration; and Heat generating systems a Reasonably free from contusion. All systems shall function as intended without undue noise or vibration; Cooling generating systems and ■ Reasonably free from corrosion. ■ All systems shall function as intended without undue noise or vibration; ■ Ductwork fittings, and pipe work shall be securely fastened to their intended points of anchorage; Distribution systems ■ free from persistent or unreasonable leakages of water (or other heating/cooling medium) or air; and Reasonably free from corrosion. ■ All systems shall function as Intended without undue noise or vibration; Reasonably free from corrosion, and Terminal and package units Filters are changed regularly in accordance with Good Industry Practice. Police Headquarters 313 Version 3.4 Management Spedfication Page 36 of 69 FAIN9'll* fr?II•b'IiT ELEMENT STANDARD OF ACCEPTANCE • Maintained to temperature set point; • Set point adjustable either locally through adjustable room space temperature sensor or remotely through BAS within permissible set point adjustment range; IN Temperature maintained within control tolerance from the set point (control tolerances are to be Increased to +/ - -1.5 degrees Celsius during Controls and instrumeritation the seasonal bedding -in period); System has ability to monitor and trend log at all times; and - Return air humidity (or space humidity where applicable) maintained to set point within control tolerance and confirmed through trend logging (control tolerances are to be increased to +/- 5% during the seasonal bedding -in period). Maintained and tested In accordance with relevant codes and Sprinklers standards. Maintained and tested in accordance with relevant codes and Standpipes standards. Fire extinguishers and other firefighting equipment shall be maintained Fire protection specialties in accordance with relevant codes and standards. Maintained and tested in accordance with relevant codes and other fire protection systems standards. Operate as intended; Ratings clearly marked; Main transformers Free from signs of charring; and Enclosures free from excessive corrosion. G Operate as Intended; Secondary transformers Ratings clearly marked; Free from signs of charring; and Enclosures free from excessive corrosion. Operate as Intended; Ratings clearly marked; Main switchboards Disconnects properly labelled; r; Free from signs of charring; and Enclosures free from excessive corrosion. Operate as Intended; Interior distribution transformers Free from signs of charring; and Enclosures free from excessive corrosion. Police Headquarters 314 Version 3 4 !1 '_ SAINT iOHN Manapment 5peclfkatlon Page 37 of 69 .^,:., ELEMENT STANDARD OF ACCEPTANCE ■ Operate as intended; ■ Ratings clearly marked; ■ Breakers properly labelled; Blanks installed where appropriate; Panels ■ Free from t gris of charring; Enclosures free from excessive corrosion; and ■ Infrared thermoemphic scans performed on periodic basis. • Operate as intended; M Ratings clearly marked, Enclosed circuit breakers • Properly labelled; ■ Free from signs of charring; and ■ Enclosures free from excessive corrosion. ■ Operate as Intended; + Ratings dearly marked; Properly labelled; Motor control centers ■ Free from signs of charring; and ■ Enclosures free from excessive corrosion. ■ Operate as intended; and Other distribution services • Free from signs of charring. ■ Operate as intended; and Branch wiring Free from signs of charring. ■ Functional, safe, and meet IES Standards for the lux levels specified; Lighting equipment and Operate without flickering. 4 Maintained and tested In accordance with relevant codes and Fire alarm systems standards. " Fully operational and function as intended; and Telecommunications systems ■ Wiring, fittings, fixtures, controls, and safety devices shail be properly housed and fastened securely to their intended point of anchorage. ■ Fully operational and function as Intended; and Wiring, fittings, Mures, controls, and safety devices shall be properly Local area network systems housed and fastened securely to thelr intended point of anchorage. ■ Fully operational and function as Intended; and Wince fittings, fixtures, controls, and safety devices shall be properly Public address systems housed and fastened securely to thelr intended point of anchorage. Fully operational and function as intended; and ■ Wiring, fittings' fixtures, controls, and safety devices shall be properly Clock and program systems housed and fastened securely to their Intended point of anchorage. Police Headquarters 315 Version 3.4 ° Management Specification Page 38 of 69,,,..E ELEMENT STANDARD OF ACCEPTANCE Fully operational and function as intended; and Television systems Winne fittings, fixtures, controls, and safety devices shall be properly housed and fastened securely to their intended point of anchorage. Fully operational and function as intended; and Security systems Wiring, fittings, fixtures, controls, and safety devices shall be properly housed and fastened securely to their intended point of anchorage. Emergency power supply shall be tested regularly to ensure it Is operational; and Other electrical services Batteries shall be adequately ventilated, free from acid leakage, and suMdentiy charged. ■ Fully operational and function as Intended; Electric heating Free from signs of charring; and ■ Free from excessive corrosion. Fixed furnishings Function as intended. Special structures Function as intended. Special construction systems Function as Intended. Special controls and instrumentation ' Fully operational and function as intended. Site preparation r Free from hazards. ■ Provides barrier -free accessibility, Including access for the visually Impaired and wheelchair users; V Substantially free from snow and Ice; Roadways ■ Substantially free from debris; and • Free from excessive cracking and potholes, which may result In tripping hazards and /or property damage. Provides barrier -free accessibility, Including access for the visually impaired and wheelchair users; ■ Substantially free from snow and Ice; Parking lots Substantially free from debris; and Free from excessive cracking and potholes, which may result in tripping hazards and/or property damage. Provides barrier -free accessibility, including access for the visually impaired and wheelchair users; Substantially free from snow and Ice; Pedestrian paving Substantially free from debris; and ' Free from excessive cracking and spalling, which may result in tripping hazards. W 316Police Headquarters Version 3.4 SAINT TORN Management Specification Page 39 Of 69 �' ELEMENT STANDARD OF ACCEPTANCE Provides barrier -free accesslbiitty, including access for the visually Impaired and wheelchair users; Substantially free from debris; Site development Free from hazards; operate as Intended, where applicable; and Sound secure safe and free from damage, where applicable. Substantially free from graffiti and /or vandalism; Protection of all vehicles from chemical sprays during any applications, Substantially free from debris; Landscaping Free from hazards; and Substantially free from moss algae and /or interstitial weeds. ■ Function as intended. Water supply ■ Functon as Intended. Sanitary sewer ■ Functlon as intended. Storm sewer ■ Function as intended. Fuel distribution w Function as intended. Other site mechanical utilities Electrical distribution P Function as intended. Functional, safe, and meet IES Standards for the lux levels specified; and Site lighting operate without flickering. P r Police Headquarters 317 Version 3.4 f Management Specification Page 40 of 59 5. ENVIRONMENTAL AND SAFETY SERVICES 5.1. GENERAL REQUIREMENTS Environmental and Safety Services are provided in order to maintain a safe working environment, compliant with applicable environmental guidelines and regulations through the use of processes, practices, materials, and products that avoid or minimize the production of pollutants and waste thereby reducing the overall impact to human health and the environment. 5.2. SERVICE REQUIREMENTS Environmental and Safety Services generally include Integrated Pest Management, Hazardous Materials Management and Fire Management. 5.2.1. Integrated Pest Management Integrated Pest Management services include: A. Education — provision of IPM best practices information; B. Inspection —monthly inspections; C. Sanitation consultation — recommendations on best practice compliance; and D. Treatment — appropriate treatment using non - pesticide methods whenever possible. (collectively, the "IPM Services ") An IPM log book will be provided by the Manager of the Facility Management and shall remain on -site at all times. The IPM Contractor will log all inspection, treatment, a nd other information in the log book following each service call. The Board of Police and/or the Board of Police Representative will be responsible to accurately record pest sightings In the log book as required. The Manager of the Facility Management will develop and provide the Board of Police information on IPM best practices for distribution to Police Headquarters occupants. These best practices will provide occupants an understanding of their role in the iPM Program. The iPM Contractor will, as part of their regular inspections, provide recommendations on areas where Police Headquarters occupants can better support the IPM Program. The Board of Police will be responsible to communicate and comply with these recommendations. Since non - compliance may result in increased levels of service necessary to rectify issues, additional charges including Administrative Fees may be billed to the Board of Police if not addressed in a timely manner. 5.2.2. Hazardous Materials Management Green or eco- friendly products will be used for Police Headquarters cleaning and other requirements whenever possible. This includes the use of low- mercury fluorescent bulbs for light fixtures. The City will provide a Material Safety Data Sheet binder and associated MSDS information for ail chemicals and products utilized or brought Into the Police Headquarters. Police Headquarters 318 Version 3.4� SAINT IOHN Management Specification Page 42 of 69 For the purpose of promoting the use of eeo friendly products in the Police Headquarters, the Board of Police and /or the Board of Police Representative shall consult with the City before the use of common products, incuding, but not limited to; Hand sanitizers; Sanitary wipes; All- purpose cleaners; Dish detergents; and • Other chemicals and cleaners. The Board of Police shall ensure Police Headquarters occupants are aware of this procedure. The Board of Police shall ensure that all containers used for operational purposes are properly labelled and MSDS are provided to the City for incorporation Into the MSDS binder. All hazardous waste containers must be packaged to ensure that the material cannot spill in the case of an accident. The Board of Police will be responsible for the proper disposal of any chemical, biohazardous, or radioactive waste generated by operations, as well as any controlled drugs and substances. These waste products, under no circumstance, are to be disposed of In waste bins provided for regular commercial waste. The Board of Police and /or the Board of Police Representative shall ensure the City and Contractors are fully aware of the presence or use of any hazardous materials or other products that could be harmful if contact Is made. Under no circumstances shall unlabeled products or chemicals be brought into the Police Headquarters. 5.2.3, Fire Management Within twelve (12) months of Final completion, the Board of Police Representative, in cooperation with the Manager of the facility Management, shall develop a Fire Management plan for the Police Headquarters as set out by applicable National and Provincial codes and /or Applicable Laws. The City will be responsible for scheduling and providing notice to the Board of Police for fire drills as required by the Fire Management plan. The Board of Police will be responsible for all other matters related to the Fire Management plan, including reviewing the Fine Management plan at intervals not greater than 12 months, the implementation of a fire safety committee, providing and coordinating the training of the fire safety committee and employees of the Board of Police, providing emergency contacts information to the Manager of the Facility Management Department. In addition, the Board of Police will arrange for all necessary training that may be required by the City representatives as a result of the Fire Management plan. in addition to the above, the Board of Police Representative shall develop evacuation guidelines that respond to a variety of emergencies, including but not limited to, tire, explosions, bomb threats, floods, earthquakes, hurricanes, tornadoes, toxic material releases, radiological and biological accidents, civtl disturbances, and workplace violence. These guidelines shall be provided to the Manager of the Facility Police Headquarters 319 Version 3,4 Management Specification Page 42 of 69 QATNT YORK 000 Management. Training shall be provided to the City representatives by the Board of Police, If deemed necessary. • Police Headquarters r` q 320 version 3.4 , SAINT iOHN Management Speciffcation Page 43 of 69 6. UTILITIES MANAGEMENT SERVICES 6.1. GENERAL REQUIREMENTS The City shall provide Utilities Management Services to meet the service standards of the Management Specifications. Utilities Management Services are provided in order to continuously manage all necessary Utilities to meet the requirements of Board of Police operations, efficiently, economically, and with due regard to current principles of sustainable technology /management procedures. 6.2. SERVICE REQUIREMENTS 6.2.1. Energy and Water Performance Management The City will provide management and administration of all Utilities Services. Utilities Services that are to be provided by the City include: A. Education — energy awareness and training; B. Auditing and monitoring — identification and implementation of efficiency optimization opportunities; and C. Management — operation and maintenance of Police Headquarters management system, implementation of efficiency optimization opportunities. 6.2.2. Energy Committee In cooperation with the Board of Police, the City will facilitate the establishment of an energy committee to discuss /resolve issues related to the Police Headquarters Utility Systems, and make recommendations to improve these systems. Working with the Board of Police, a utilities conservation guideline will be established that sets consumption reduction targets. The Board of Police will designate a representative to participate in the energy committee. The Board of Police will also be required to participate in conservation efforts as recommended by the energy committee. operable windows are to be used with good Judgement by the Board of Police and /or SJPF. If it is apparent that the heating, ventilating, and air conditioning systems are being compromised via the use of operable windows, and/or if energy consumption/loss becomes an issue, the City reserves the right to restrict the use of said windows. The energy committee will provide recommendations on the use of operational windows. 62.3. Environmental Standards of Acceptance The environmental standards of acceptance for Functional Areas which excludes the Underground Parking Garage, storage areas, service rooms, stairwells and other areas not include in Table A of section 1.2 are as follows: PARAMETER STANDARD OF ACCEPTANCE Humidity winter/ summer [%) 1 35/55 Ob Police Headquarters 321 Version 3.4 , Management Specification Page 44 of 69 PARAMETER STAMDARD OF ACCEPTANCE Humidity range (% ) 35-0 Interior temperature (Celsius) 1 19 -24 Environmental control will be provided and monitored remotely by the City via the Police Headquarters automation system software. A control schedule will be provided to the Board of Police within six (6) months of Substantial Completion for review. The Board of Police and /or SJPF shall not make changes to the control schedule without written approval of the City. The use of escillating fans, portable heaters, and /or air conditioners, is strictly prohibited in the Police Headquarters facility. 6.2.4. Reporting On a semi - annual basis, the City will provide the Board of Police with a report on Utilities, which will include: Monthly consumption /cost, commodity, and distribution charges for electricity, gas, and water in tabular /graphical format; Energy and water performances in terms of savings, energy use index ( "EUI "), energy cost index ("ECI "), environmental index, benchmarking; * last of measures and /or factors that contribute to the energy and water performances of the Police headquarters; • List of recommended and /or proposed measures, if any, that will contribute to the energy and water performances of the Police Headquarters; * Environmental parameters setting; and s Summary of occupied /unoccupied usage, cooling degrees days ( "CDD ") and heating degrees days ( "HDD"). 6.2.5. Telephone, Data, Wireless Internet, Cable, and Satellite The City will be responsible for repairs and replacement of Base Building Telephone, Data, Wireless Internet, Cable, and Satellite Systems. The Board of Police is responsible for ail operational equipment, point of use devices that is plugged into receptacles for the applicable services, which includes, but not limited to, operational equipment plugged into electrical receptacles, operational appliances connected to gas lines, and computers plugged into data receptacles. The Board of Police must obtain written approval from the Facility Management prior to any and all changes, including repairs, modifications, and additions to Base Building Telephone, Data, Wireless Internet, Cable, and'Satellite Systems, excluding point of use devices (telephones, computers and televisions). if points of use devices are to be affixed to any part of the Police Headquarters, written approval from the Facility Management must be obtained prior to the work being undertaken by the Board of Police and /or Board of Police Representative and includes any work completed on behalf of the Board of Police by the Information Technology Systems Department of the qty. If it is determined at a later date that the existing Base Building Services that are Installed at the time of Substantial Completion are not adequate for the operations of the Police Headquarters, the Board of police Police Headquarters 322 Version 3.4 ! Management Specification Page 45 of 69 44 SAINT TOHN is responsible for the full costs associated with any upgrades that may be required to meet changing operational needs. Costs associated with telephone, data, wireless internet, cable, and satellite services are the sole responsibility of the Board of Police and will not be administered by the City. All Police Headquarters 323 version 3.4 Manapment Specification Page 46 of 69 7. WASTE MANAGEMENT AND RECYCLING SERVICES 7.1. GENERAL REQUIREMENTS The City shall provide Waste Management and Recycling Services to meet the service standards of the Management Specification. Waste Management and Recycling Services are provided in order to dispose of waste generated in the Police Headquarters in an environmentally responsible and sanitary manner through the segregation of waste into the proper waste streams. Waste Management and Recycling Services are combined efforts of the City, its Contractors, and the Board of Police. 72. SERVICE REQUIREMENTS The City's responsibility regarding Waste Management and Recycling Services include: Provide an outline of Waste Management and Recycling Services best practices to be adopted by the Board of Police; Negotiation with and management of Contractors for the removal and disposal of waste and recyclable materials; Maintaining waste storage areas clean; substantially free from litter, malodour, spillages, and debris and free from pests and vermin; Ensuring waste is stored so as to minimize the risk of fire; Provision of garbage bags and carts for the transport of waste to storage areas; Provision of central waste/mcycling stations; and Emptying central waste /recycling stations each day such that they do not exceed 75% of capacity. The City will only be responsible for emptying central waste bins and will not empty waste and recycle bins at desks or any other locations within the Police Headquarters. Within the first (1) year of operation, the City and the Board of Police will set waste /recycling targets for the Police Headquarters. Waste audits will be completed on a semi- annual basis to review progress with respect to the segregation of waste and identify areas of improvement. The Board of Police will be responsible to work towards the achievement of agreed upon diversion targets, or additional charges for waste management will apply. The Board of Police's responsibilities regarding Waste Management and Recycling Services include: Communication/education of Police Headquarters occupants with respect to waste management best practices; Provision of waste containers and recycling bins at desks, If required; and Provision of bins/shredders for waste paper that may be confidential, including the disposal thereof. Police Headquarters 324 Vernon 3.4 ' SAINT ifli {N Management Specification Page 47 of 64 � .� Waste and recyclable materials shall be segregated and treated as follows: MATERIAL TREATMENT Shredding bins emptied and disposed by Board of Police. Confidential paper Under desk bins, If applicable, emptied by Board of Police Into central office paper bags. Central bags emptied and disposed by Janitorial Services. Central bins emptied and disposed by Janitorial Services. Newspapers, magazines, box board ' Local bins, If applicable, emptied by Board of Police into central bins. Aluminum and plastics Central bins emptied and disposed by Janitorial Services. Boxes flattened by Board of Police and placed In designated area for Corrugated cardboard collection by Janitorial Services. Linder desk bins, If applicable, emptied by Board of Police into central Garbage bins. Central bins emptied and disposed by Janitorial Services. Central bins emptied and disposed by Janitorial Services. Compost Hazardous waste Refer to paragraph 5.2.2. ,rM0?i Police Headquarters 325 Version 3.4 f'' i•,r Management Specificatlon Page 49 of 69 8. GROUNDS MAINTENANCE AND LANDSCAPING SERVICES 8.1. GENERAL REQUIREMENTS The City shall provide Grounds Maintenance and Landscaping Services to meet the service standards of the Management Specification. Maintenance of the grounds is provided to ensure safe, logical, clear, and barrier -free access to the main entrance of the Police Headquarters and across the site at all times for police officers, staff, visitors, and the public, in such a way that promotes a positive Image of and use of the Police Headquarters. 8.2. SERVICE REQUIREMENTS The City will provide full Horticulture Services for the Police Headquarters and Police Headquarters Lands. including: Tree. maintenance/surgery; Lawn care, including mowing and edging; Flower bed maintenance; Weeding; Planting, including shrubs, trees, and flower beds; and A Effective, economical, and environmentally conscious irrigation procedures. 8.3. SERVICE STANDARDS OF ACCEPTANCE The following table summarizes the standards of acceptance for Grounds Maintenance and Landscape Services for the Pollee Headquarters Lands: !CLEMENT STANDARD OF ACCEPTANCE Application and reapplication, as required, of de-icer products to all paved and concrete areas including without limitation roadways, sidewalks, stairs, and landings; Snow shall not be permitted to accumulate more than ten (10) cm (4 Inches) in depth for all entrances, walkways, and outdoor parking Snow and ice removal areas` Snow shall not be permitted to accumulate more than ten (10) cm (4 Inches) in depth on the roof area between the penthouse and the two (2) roof access hatches to a width of two (2) feet; and Reasonable snow accumulation on site is acceptable in designated areas for snow collection that do not impede fire lanes, pedestrian, or vehicle traffic or restrict availability of visitor and staff parking. Police Headquarters " 326 Version 3.4 Management Specification Page X49 of 69 l�Ii`1'I' i'OHN �� a ELEMENT STANDARD OF ACCEPTANCE ■ Sound safe and substantially even surface with no potholes or sinking In path of pedestrian travel that would present a tripping hazard; e Substantially free from fallen leaves, moss, algae, or interstitial weeds; ■ Free from fallen trees; Site circulatlon routes Curbs and edgings are sound; ■ No loose curbs or paving stones; ■ Road markings and parking striping are clear; and ■ Free from graffiti and/or vandalism. Free from excessive debris; Grassed areas trimmed and edged and free from excessive weeds; ■ Flower beds not overgrown, maintained, and free from excessive Landscaped areas weeds; and ■ Trees free of broken limbs. Police Headquarters 327 Version 3.4 Management Specification Page SO of 69 v „r SAY-MT— T[t MkT 9. JANITORIAL SERVICES 9.1. GENERAL REQUIREMENTS Janitorial Services are provided to achieve the specified general levels of environmental cleanliness within the Interior of the Police Headquarters and in and around the exterior of the Police Headquarters Lands and to maintain the promotion of a positive Image of and use of the Police Headquarters. 9.2. SERVICE REQUIREMENTS 9.2.1. Cleaning Times The City shall respect the Board of Police's operating environment when performing Janitorial Services. The City and /or the Contractors of the City shall endeavour to meet the Board of Police`s preferred cleaning hours for various areas in the Police Headquarters as defined in subsection 1.2. The Board of Police retains the right to request the cleaning services to be performed at alternate times, acting reasonably, should such services Interfere with the Board of Police's ability to perform its duties. However, if additional costs are required to accommodate the Board of Police's requirements for the worts schedule, these additional costs will be billed to the Board of Police in addition to an Administrative Fee. The Holding Facility will be cleaned while no Detainees are present. In the event that cleaning is required while Detainees are present, the Board of Police Representative will be responsible for coordinating access to the Holding Cells and providing appropriate security. The Board of Police Representative will be provided a schedule for cleaning activities in the parking garage area in advance so vehicles can be moved accordingly. This will be completed in phases so as to minimize disruption of the operations. Service requirements are described in paragraphs 9.2.6. to 9.2.10. Many areas of the Police Headquarters are Controlled Access and Restricted Access, cleaning may not take place exactly in the agreed upon timeframe. In certain instances and areas of the Police Headquarters, the janitorial contractor must ask permission to gain access, and if access Is not granted, the work may not get completed. In cases where access has not been granted for any period of time, and cleaning service is required far a particular area, the Board of Police Representative must notify the Building Technician to arrange for an appropriate time to complete the service. Similarly, the City reserves the right to request access to any area of the Police Headquarters with adequate notice to perform cleaning services. 9.2.2. Security Checks All Janitorial staff will be subject to a Security Clearance. The agreed upon process and timeline for Security Clearances for janitorial contractors is as follows; 0 Police Headquarters 328 Version 3.4 ! ' Management Specification page Sy of 69 � 4 , SAINT fOHN ..LAMM^. A. Application submitted by contractor to the Human Resources Department of the Hoard of Police; B. Preliminary review of application for completeness within five business days from the date that the application is submitted; C. Written notification provided to the applicant if additional information is required, copied to the Manager of the Facility Management, within two business days of the preliminary review of the application; D. If required, additional information provided to the Human Resources Department of the Board of Police within five business days of receipt of written notification; and E. If no additional information is required upon preliminary review of application or upon receipt of additional information from the applicant, review of application and provision of letter of Security Clearance status must be provided to the applicant, copied to the Manager of the Facility Management, within five business days of the preliminary review of the application or after the additional information is provided to the Human Resources Department of the Board of Police, whichever is later. 9.2.3. Environmentally Friendly Cleaning Products All products used in the Police Headquarters for cleaning will be environmentally friendly and certified under the EcoLogo'm Program jhttp:// www .environmentalcheire.camJen/1. As such, the Board of Police shall consult with the City before the use of common products, including, but not limited to: s Hand sanitizers; Sanitary wipes; All purposes cleaners; Dish detergents; and Other chemicals and cleaners. The Board of Police shall ensure Police Headquarters occupants are aware of this procedure. Under no circumstances shall the Board of Police utilize the cleaning products supplied by the janitorial contractor, nor is it the responsibility of the City or the janitorial contractor to supply products for cleaning, computers, vehicles, firearms, handcuffs and other operational equipment. 9.2.4. Equipment The janitorial contractor will be responsible for providing all equipment required to fulfill the service requirements described herein including: - Floor machines, cleaning, and buffing pads; Vacuum machines, bags, and filters (Hepa filter vacuum required); Wet mops, dry mops, and brooms, ■ Pails and scrapers; Cleaning rags; Dustpans and dust clothes, High pressure washers; Window squeegees; Cleaning carts; Police Headquarters 329 Version 3.4 =.r Management Specification Page 52 of GJ s �' Rol TATS!' TTNI1 rklr Wet floor signs; Shovels and Ice picks; and Pressure washers. Separate cleaning equipment shall be provided for washroom cleaning only and clearly marked as such. This equipment shall not be used to dean any other areas of the Polka Headquarters. 9.2.5. Areas of Cleaning Areas to be cleaned indude, but are not limited to: Lobbies and hallways; Elevator, W Washrooms; Locker areas; Lunchrooms; Stairwells arid landings; Janitorial room and facilities; W Interior windows, r Internal offices; Boardrooms and meeting rooms; Tunnels, Holding Facility; Waste storage areas; and Underground Parking Garage. 9.2.6. Dally Service Requirements The following common service requirements are to be completed on a daily basis: Police Headauarters Exterior Elements ELEMENT SERVICE REQUIREMENTS Police Headquarters Lands Description: Remove and dispose of rubbish from the property; Empty and clean garbage bins; and Empty and dean cigarette receptacles. Exterior features Description: a N/A Exterior walls Description: it N/A Windows, curtain wall systems, Description: entrances, and *11oht systems Clean window and door frames, trades, and ledges at main building entrance. Exclusions: N/A Police Headgwrters 330 VersJorr 3.4 Management Specification SAINT [OHM page 53 of 69�r •x; �_ �: ELEMENT SERVICE REQUIREMENTS Wall finishes (vinyl, gypsum Description: Exterior doors Deserlptlons: tile) Clean external doors, door frames, door tracks, jambs, and hardware at Windows and window coverings main building entrances. Ducts, grills, and vents Description: i N/A Waste containers Description: Remove disposable bag liners from central bin and replace with new liners as required; = Clean waste contalnem as necessary; and Place bagged waste in storage area. Exclusions: The City is not responsible to empty bins located within individual offices. Recycling bins Description: Replace disposable bag liner, If applicable; and Clean bins as necessary. Police Headquarters interior t:ientients ELEMENT SERVICE REQUIREMENTS Wall finishes (vinyl, gypsum Description: board, epoxy, stainless steel, and Clean and sanitize with disinfectant all wall surfaces In washrooms and tile) locker rooms. Windows and window coverings Description: - Clean and sanitize with disinfectant all window surfaces in washrooms and locker rooms. Interior doors Description: Dust and wipe clean with disinfectant internal doors, door frames, and hardware; Clean and sanitize with disinfectant all washroom and locker room doors, door frames, and hardware; Polish metal surfaces to a uniform lustre; and Clean all residues left: from floor cleaning activities. Hard floor finishes Description: Place an adequate amount of and/or other precautionary methods prior to and for the duration floor cleaning activities; Sweep and wet mop all floors with water and detergent; Sweep, brush, and wet mop all floors in washrooms and locker rooms with water and detergent; and Remove all scuffs and residue using appropriate techniques. Soft floor finishes (carpet) Description: Vacuum carpets using a vacuum equipped with a Hepa filter; and Remove gum, s ills, dirt spots, and stains using spot remover. Police Headquarters 331 Version 3.4' Management Specification Page 54 of 69 ELEMENT SERVICE REQUIREMENTS Ceiling finishes Desulption: Dust and wipe clean ceilings on a localized basis; and Clean and sanitize with disinfectant all ceiling surfaces in washrooms and locker rooms. Ducts, grills and vents Description: N/A Waste containers Description: Remove disposable bag liners from central bins and replace with new liners as required; Wipe waste containers dean and deodorize; and Place bagged and securely tied waste in storage area. Recycling and compose bins Description: Remove recycling and compost from central bins and place In storage area; Replace disposable or non -disposable liners or bags, if applicable; and Wipe bins dean, Inside and out, and deodorize. Exclusions: The City is not responsible to empty recycling or compost bins located within individual offices. Fixtures — Interior and Exterior ELEMENT SERVICE REQUIREMENTS Electrical and lighting fixtures Descxiptian: Clean and sanitize with disinfectant all light switches. lifting devices Desatption: Dust and clean all surfaces of lifting devices, elevators, and escalators; Clean and sanitize with disinfectant all buttons and other lift device controls; and a Polish metal surfaces to a uniform lustre. Pipes and conduit Description: N/A Furnishings and fixtures Description: Dust and dean hard surfaces of shelves, cupboards, inside end out countertops, lockers, tables, chairs, book shelves, dividers, filing cabinets, and other furniture hard surfaces; + Dust and clean furniture legs, wheels, and castors; ■ Carefully dust fire extinguishers and fire alarm pull stations; ■ Clean, sanitize with disinfectant, and polish to a uniform lustre all surfaces of drinking fountains; and • Remove gum, spills, dirt spots, and stains from soft furnishings using spot remover. Police Headquarters 332 Version Management Specification Fege 53 D}69 SAINT 1OHN ELEMENT SERVICE REQUIREMENTS Exclusions: The City Is not responsible to Glean tops of desks, work stations, computer stations, communication stations, drafting tables, and other similar surfaces, unless otherwise noted; The City is not responsible to clean Internal plants or stands, artwork, wall - hangings, or framed art; and The City shall not move or disturb papers and other items located on desks, shelves, etc. Kitchen fixtures and appliances Desc iptlon: Dust and clean fixtures, surfaces, and appliances including electrical and cooking fixtures and appliances, cooking hoods, Interior and exterior, and filters, refrigerators/freezers - exterior only, and water coolers; and ■ Clean, sanitize with disinfectant, and polish to a uniform lustre all surfaces of faucets and sinks. Toilets and washroom fixtures Description: Provide cleaning equipment for washroom cleaning only and clearly marked as such. This equipment shall not be used to clean any other areas of the Police Headquarters; F Clean and sanitize all partitions, doors, grab bars, and plastic surfaces; Clean, sanitize with disinfectant, and polish all metal surfaces; Clean all mirrors; Clean, sanitize with disinfectant, and polish to a uniform lustre all wall tiles and wall fixtures including soap dispensers, dryers, towel holders; dean and sanitize shower curtains and shower mats; Clean and sanitize all plumbing fixtures Including sinks, toilet bowls, toilet seats, urinals, and shower stalls; Clean and sanitize shower curtains and shower mats; and Replenish toilet tissue, paper towels, deodorant blocks, hand soap, sanitary napkins, napkin disposal bags, and any other consume bles. Handralls and railings Clean and sanitize with disinfectant all handrails and railings In stairwells or otherwise. Hand sanitizing stations Description: Wipe clean all hand sanitizing stations, and Replenish hand sanitizer. ELEMENT SERVICE REQUIREMENTS Wall finishes Description: I W N/A windows and window coverings I Destrrlption: N/A Al. Polka Headquarters 333 Version 14 ; ` Management Spedficatian Page 56 of 69'= Parking Garage ELEMENT SERVICE REQUIREMENTS Overall appearance Description: N/A 9.2.7. Weekly Service Requirements The following common service requirements are to be completed on a weekly basis: Police Headquarters Exterior Elements ELEMENT SERVICE REQUIREMENTS Pollee Headquarters Lands Description: Sweep Police Headquarters entrances and walkways; and Scrape chewing gum and other residue from vicinity of Police Headquarters entrances. Exterior features Description: Sweep landings, ramps, exterior stairwells, patios, decks, and podiums; and Wipe dean ramp, stairwell, and other rallinIM safety barriers (bollards), and light fixtu res. Exterior wails Description: Review erterior walls for signs of streaks, dirt, residue, chewing gum, spots and marks, and free from excessive fingerprints, and smudges; and Schedule identified areas for localized cleaning within one (1) week of review. Windows, curtain wall systems, Description. entrances, and skylight systems Review external surfaces of glass, and window and door frames of secondary entrances for signs of excessive oil, dirt, grease, smudge marks, dust, grit, lint, soil, film, gmfl'rd', and cobwebs; and Schedule Idendfled areas for localized cleaning within one (t) week of review. Exterior dears Descriptions: Police Headquarters Version 3.4 7 s ' Management Specification 334 �. SA.if1VT iOHN Page 57 of 69 ELEMENT SERVICE REQUIREMENTS Wall finishes (vinyl, gypsum Clean all external doors, doorframes, door tracks, jambs„ and hardware of board, epoxy, stalNess steel, and secondary entrances. Ducts, grills and vents Description: Review ventilation outlets for signs of dust, grit, lint, chewing gum, soil, film, cobwebs, scuffs, and any other marks; and Windom and window coverings Schedule identified areas for localized cleaning within one (1) week of review. n-1inw LE A" lfrmm jn #mrrnr Fla�nawe ELEMENT SERVICE REQUIREMENTS Wall finishes (vinyl, gypsum Description: board, epoxy, stalNess steel, and Dust and wipe clean walls in all common areas and corridors; tile) Dust and wipe dean Internal walls and partitions on a localized basis; Dust and wipe dean all baseboards; and Clean all residues left from floor deening activities. Windom and window coverings Description: Dust and clean all internal surfaces of glass, including Interior windows, service desks, security areas; Dust and clean all window frames, tracks, and ledges; and Dust all blinds, tapes, cords, and window shades. Interior doors Description: N/A �.. Hard floor finishes Description: Machine buff all resilient flooring including vinyl file and vinyl sheet. Soft floor finishes (carpet) Description: . N/A Ceiling finishes Description: Dust and wipe dean ceilings In all common areas and corridors. Ducts, grills and vents DesOVIOn: N/A Fixtures — Interior and Exterior ELEMENT SERVICE REQUIREMENTS Electrical and lighting fixtures Description: Clean security camera lenses. Lifting devices Description: N/A police Headquarters 335 Version 3.4 � Management 5pecificatlan page 58 of 69 SAINT TORN Yr M MENT SERVICE REQUIREMENTS Pipes and conduit Description: NIA Furnishings and fixtures , Description: N/A Kitchen fixtures and appliances Description: NIA Toilets and washroom fixtures Description: Clean and sanitize all fixtures Including ventilation grilles, fight diffusers; and Pour one (1) litre of dean water into floor drains. Handralls and railings Description; N/A Holdine Facility ELEMENT SERVICE REQUIREMENTS Wall finishes Description,; Pressure wash and sanitize with disinfectarnt, all wall surfaces. Windows and window coverings Description: Pressure wash and sanitize with disinfectant, all security glazing. Interior doors Description: Dust and wipe clean with disinfectant, internal doors, door frames, and hardware; Polish metal surfaces to a uniform lustre; and Clean all residues left from floor cleaning activities. Floor finishes Description: Sweep and wet mop all floors with water and detergent; and Remove all scuffs and residue using appropriate techniques. Toilets and washroom fixtures Dawlptlon: Wash and disinfect basins, toilet bowls, and urinals; Wash and disinfect all tollet seats; Empty and dean paper towel and sanitary disposal receptacles; and Replenish all toilet tissue holders, soap dispensers, towel dispensers, and sanitary napkin dispensers. I _ ELEMENT j SERVICE REQUIREMENTS, Overall appearance treat floor stains, oil, grease, and other residue as Polk& Headquarters 336 Version 3.4 Management Specification Page 59 of 69 SAJNT TOHN 9.2.8. Monthly Service Requirements The following common service requirements are to be completed on a monthly basis: police Headquarters Exterior Elements ELEMENT SERVICE REQUIREMENTS Police Headquarters Lands Description: board, epoxy, stainless steel, N/A Exterior features Description: Windows and window coverings N/A Exterior walls Deserlptlon: Interior doors Review exterior walls for signs of streaks, dirt, residue, chewing gum, spots and marks, and free from excessive fingerprints, and smudges; and Hard floor finishes Schedule Identified areas for localized cleaning withln one (1) week of review. Windows, curtain wall systems, Description: entrances, and skylight systems N/A Exterior doors Description: - N/A Ducts, grills and vents Description: .. N/A n-11 Ywsalwn'..Fa�c 1lMAI�IRr FFCll701�11. ELEMENT SERVICE REQUIREMENTS Wall finishes (vinyl. gypsum Description: board, epoxy, stainless steel, N/A and tile) Windows and window coverings Description: . N/A Interior doors Description: F. NIA Hard floor finishes Desaaptian: Machine scrub all quarry, ceramic, terrazzo, and stone floors using a wet vacuum to pick up water. Soft floor finishes (carpet) Description: N/A Ceiling finishes DestriAt = N/A *w� } Pollee Headquarters 337 Version 3.4 Management Specification Page 60 of 69r: ELEMENT SERVICE REQUIREMENT; Ducts, grills and vents Description: Dust and wipe dean all ventilation grills and vents. Fixtums — Interior and Exterior ELEMENT SERVICE REQUIREMENTS Electrical and lighting fixtures De9crlpdw: Dust and dean electrical and lighting fixtures, Interior. Lifting devices Description: r N/A Pipes and conduit Description: Dust and wipe clean sprinkler pipes, water pipes, conduit, and other similar fixtures; and Sprinkler heads shall not be tampered with. Furnishings and fixtures Description: Clean the inside of refrigerators/freerers, forty -elght (49) hours advance notice to be provided by the janitorial contractor. i2kciusions: The Board of Police will empty out refrigerators/freezers as best as possible prior to leaning. The City or the janitorial contractor is not responsible to dispose of spoiled food. Kitchen fixtures and appliances Description: N/A Toilets and washroom fixtures Description: . N/A Handralls and railings Description: N/A Holding Facility ELEMENT SERVICE REQUIREMENTS Overall appearance Descalption: N/A Parldnig Garage ELEMENT SERVICE REQUIREMENTS overall appearance Description: N/A 9.2.9. Seasonal Service Requirements The fallowing common service requirements are to be completed by the end of May and October, annually: Police Headquarters 338 Version 3.4 y Management Specification Page 61 of 69 SAINT TORN �'4w 1�'kt.4E• s -11— Ywedw,sftr6m a CwOmrinr Flanlerite ELEMENT SERVICE REQUIREMENTS Police Headquarters Lands Description: board, epoxy, stainless steel, N/A Exterior features Description: Windows and window coverings ; N/A Exterior walls Description: Interior doors N/A Windows, curtain wall systems, Description: entrances, and skylight systems - N/A Exterior doors Description: N/A Ducts, grills and Vents Description: N/A Police Headquarters interior Elements ELEMENT SERVICE REQUIREMENTS Wail finishes (vinyl, gypsum Description: board, epoxy, stainless steel, N/A and tile) Windows and window coverings Description: N/A Interior doors Description: r N/A Hard floor finishes Description: Strip vinyl surface Floors removing all wax and stains; Seal and apply two (Z) coats of wax, waiting the recommended drying time between coats; and Machine buff after second coat of wax. Soft floor finishes (carpet) Description: Vacuum and shampoo all carpets; Remove all stains with appropriate stain remover; and In areas where items such as furniture needs to be moved, the Board of Police Representative will do its best to have areas ready for carpet cleaning, however, should this not be done, the janitorial contractor will move the necessary furniture and put it back prior to the next working day. Polcee Headquarters 339 Version 3.4 Management Specification Page 62 of 69 4 -.AA-J- Fixtures— Interior and Exterior ELEMENT I SERVICE REQUIREMENTS Electrical and lighting fixtures Deaxlpdw: N/A L tang devices Description: N/A Pipes and eondult Description: NIA Furnishings and fixtures Description: N/A Kitchen fixtures and appliances Description: NIA Toilets and washroom fixtures Description: N/A Handrails and railings Description: N/A Overall appearance I Description: f IL -L 14.:1i SEiIVICE SERVICE ElectrlcaI and lighting fixtures Description: Dust and clean electrical and lighting fixtures. Police Headquarters 340 VersAm3.4 SAINT I.OHN Management Specification page 63 of 69 ELEMENT SERVICE REQUIREMENTS Pipes and conduit Description: Dust and wipe clean sprinkler pipes, water pipes, conduit, and other similar fiixtures; and Sprinkler heads shall not be tampered with. 9.2.10. Service Standards of Acceptance The following table summarizes the standards of acceptance far Janitorial Services: nslt u . — amrlmm Cviavtnr Mmanft ELEMENT STANDARDS OF ACCEPTANCE Police Headquarters Lands Description: Management Specification Police Headquarters Lands are substantially free from rubbish, vandalism, chewing gum, and cigarette butts. Exterior featu ms Description: t Landings, ramps, stairwells, fire exits, steps, entrances, porches, tunnels, patios, podiums, penthouses, decks, safety barriers (bollards), walkways, balconies, eaves, and external light fittings are free of excessive dust, grit dirt, chewing gum, leaves, cobwebs, rubbish, graffiti, cigarette butts, moss growth, bird excreta, and vandalism; and F Exterior handralls are substantially free of residue, grease, dirt, film and stains. Exterior walls Description: ■ All external walls are free of excessive oil, dirt, grease, smudge marks, dust grit, lint, soil, film, graffiti, and cobwebs. Windows, curtain wall Description: systems, entrances, and External surfaces of glass are clear of all streaks, dirt, residue, chewing gum, skylight systems spats and marks, and free from excessive fingerprints and smudges; and Window and door frames, tracks, and ledges are clear and free of excessive dust, grit, marks, and spots. Exterior doors Descriptions: External doors and door frames are free of excessive ail, grease, graffiti, dust, dirt, residue, stains, corrosion, grit, lint, chewing gum, soil, film, fingerprints, smudge marks, and cobwebs; All door hardware Items are substantially free of stains an hinges, locks, cages, and handles; Polished surfaces are of a uniform lustre; and Door tracks and door jambs are substantially free of grit and other debris. Ducts, grills and vents Description: = All ventilation outlets are free of dust, grit, lint, chewing gum, soil, film, cobwebs scuffs, and any other marks. Version 3 4 4 v Police Headquarters 341 Management Specification Wage 64 of ff � � ELEMENT STANDARDS OF ACCEPTANCE Waste containers Description: Description: Waste containers shall be at less than 5CFA capacity and free from excessive m Internal walls and partitions are substantially free of residue, dirt, dust, grit, malodour; lint, soil, film, graffiti, smudge marks, fingerprints, grease, and cobwebs; Exterior of waste containers shall be clean and free of residue, dirt, dust, grit, Hazardous materials, structural cracks and/or deflection, water damage, soli, film, graffiti, smudge marks, and grease; vermin remains, and other damage are reported; • The Janitorial contractor may collect recyclabtes from waste containers, subject Walls and partitions are substantially free of marks caused by furniture, to prior approval by the Manager of the Facility Management; and equipment, or users of the Police Headquarters; • Waste container liners, tied securely, placed neatly In disposal bins provided. Regrding bins Description: cobwebs, lira, debris, finger marks, smudges, cleaning streaks, residue, ■ Recycling bins emptied and free from excessive malodour; spots, or splashes; and a Exterior of recycling bins shall be dean and free of residue, dirt, dust, grit, soil, There are no signs of improper deep cleaning techniques, Including film, graffiti, smudge marks, and grease; and excessive wear or discoloration. ` Recycling, bags tied securely, placed neatly In disposal bins provided. Police Headquarters Interior dements �y Police Headquarters 342 Version 3.4 x 4 ft SAINT fDHN Management Specification Page 65 of 69 �, ELEMENT STANDARDS OF ACCEPTANCE Wall finishes (vinyl, gypsum Description: board, epoxy, stainless steel, and m Internal walls and partitions are substantially free of residue, dirt, dust, grit, tile) lint, soil, film, graffiti, smudge marks, fingerprints, grease, and cobwebs; Hazardous materials, structural cracks and/or deflection, water damage, vermin remains, and other damage are reported; Walls and partitions are substantially free of marks caused by furniture, equipment, or users of the Police Headquarters; Rails and baseboards are clean to the naked eye, substantially free of dust, cobwebs, lira, debris, finger marks, smudges, cleaning streaks, residue, spots, or splashes; and There are no signs of improper deep cleaning techniques, Including excessive wear or discoloration. Windows and window coverings Description; Internal surfaces of glass on all Interior windows, service desks and security areas are substantially clear of all residues, dirt, streaks, chesiing gum, spots and marks, Including fingerprints, and smudges; Window frames, tracks, and ledges are substantially clear and free of excessive dirt, residue, dust, grit, marks, and spots; and Blinds, tapes, cords, and window shades, both vertical and horizontal, are dean to the naked eye, free of excessive dust, cobwebs, lint, debris, finger marks, smudges, cleaning streaks, stains, residue, or spots. Interior doors Description: internal doors and doorframes are free of excessive dirt, residue, dust, corrosion, grit, lint, chewing gum, soil, film, oil, stains, grease, smudge marks, fingerprints, and cobwebs; ■ Doors and doorframes are free of marks caused by furniture, equipment, or staff; ■ All door hardware Items are free of stains on hinges, locks, catches, and handles; �y Police Headquarters 342 Version 3.4 x 4 ft SAINT fDHN Management Specification Page 65 of 69 �, ELEMENT STANDARDS OF ACCEPTANCE internal glass surfaces are substantially clear of all dirt, residue, streaks, chewing gum, spots and marks, Including fingerprints and smudges; and Polished surfaces are of a sufficient uniform lustre. Descriptlow. Hard floor finishes The floor is substantially free of dirt, dust, grit, litter, dtewing gum, marks and spots, water, other liquids, or pests; s The floor is substantially free of polish or other build -up at the edges and corners or in traffic lanes; • The floor Is substantially free of spots, scuffs or scratches on traffic lanes, around furniture and at pivot points; Inaccessible areas, edges, corners, and around fumlture, are substantially free of dust, grit, lino and spots; Polished or buffed floors are of a sufficient uniform lustre; All terrazzo and the floors are substantially free of acidic spills, grit, dirt, or other residue; Tears, scoring, cracks, debonding, or any other damage that is unsightly and/or could cause a health and safety hazard are to be reported; An adequate amount of signage is placed and /or other precautions are taken regarding pedestrian safety on newly cleaned or wet floors; and Fars are to be provided as necessary to dry floors in a reasonable timeframe. Soft floor finishes (carpet) Description: The floor is substantially free of dirt, dust, grit, litter, stains, chewing gum, marks, spots, water, or other liquids; The floor is substantially free of stains, dirt, dust on traffic lanes, around furniture, and at pivot points; inaccessible areas, edges, corners and around furniture, are substantially free of dust, grit, lint, and spots; Carpets and entrance matting are of an even appearance without flattened pile. After deep Cleaning, there Is no shrinkage, colour loss, or embrittlement of fibres; Dust control mats are substantially free from ingrained dust, dirt and stains, and edges, and reverse side are free from dust and dirt; and Floor finishes not fully adhered to the floor that create a potential safety hazard are to be reported. Gelling finishes Description: i Ali ceilings are substantially free of dirt, residue, dust, grit;, lint, soil, film, graffiti, and cobwebs; and Hazardous materials, structural cracks, and/or deflection, and /or water damage are to be reported. Ducts, grills and vents Description: All ventilation outlets are kept unblocked and substantially free of dust, grit, chewing gum, soil, film, cobwebs, scuffs, and any other marks. Waste containers Description: Al Waste containers in offices, common rooms/areas, corridors and Police Headquarters 343 Version 3.4 Management Specification page 66 of 69 ' SAINT IOHN �' ELEMENT STANDARDS OF ACCEPTANCE washrooms shall be at less than 25% capacity and free from excessive malodour; ■ Exterior of waste containers shall be clean and free of residue, dirt, dust, grid soil, film, graffiti, smudge marks, and grease, Waste container liners, tied securely, placed neatly in disposal bins provided; and The Janitorial contractor may collect recyclables from waste containers, subject to prior approval by Manager of the Facility Management. Recycling and compost bins Description: Recycling and compost bins emptied and free from excessive malodour; ■ Exterior of bins shall be dean and free of residue, dirt, dust, film, grit, soil, graffiti, smudge marks, and grease; and ■ Recycling and compost, bags tied securely, placed neatly in disposal bins provided. Fixtures — Interior and Exterior ELEMENT STANDARDS OF ACCEPTANCE Electrical and lighting fixtures Description: All electrical and lighting fixtures attached to the exterior of the Police Headquarters surface are free of excessive, dirt, dust, graffiti, deposits, marks, stains, and cobwebs; All electrical and lighting fixtures attached to the interior of the Police Headquarters surface are free of excessive, dirt, dust, deposits, marks, stains, and cobwebs; ■ Light switches are free of excessive fingerprints, scuffs, and any other marks; Improperly secured fixtures, damaged fixtures, and fixtures with no tubes, or bulbs, or are burnt out; are to be reported; and ■ Motor vents are clean and free of excessive dust and lint. Lifting devices Description: ■ Lifting devices, elevators, and escalators are free of excessive dirt, dust, deposits, marks, stains, and cobwebs. Pipes and conduit Dese. I - on: Sprinkler pipes, water pipes, condult, and other similar fixtures are free of excessive, 014 dust, deposits, marks, stains, and cobwebs; and Sprinkler heads will not be tampered with. Furnishings and fixtures Description: All hard surface furniture is substantially free of spots, soli, film, grease, dust, smudge marl!, fingerprints, and spillage; Soft furnishings are substantially free from stains, soil, flim, and dus% ■ Furniture legs, wheels and castors are substantially free from mop strings, soil, film, dust, and cobwebs; All high surfaces are substantially free from dust and cobwebs; ■ Shelves, bench tops, cupboards, and wardrobes/lockers are clean inside and out and substantlaft free of dust and litter; Police Headquarters 344 Version 3.4 SAINT ifbHN Management Specification page 57 of 69 ELEMI lff STANDARDS OF ACCEPTANCE overall appearance Internal plants are substantially free of dust and litter; Waste /rubbish bins or containers are dean inside and out, substantially free of stains and odour, and mechanically intact; Fire extinguishers and fire alarms are substentlaEly free of dust, grit, dirt and cobwebs, and mechanically intact; and All artwork, wall-hangings, and framed art are substantially free of dust and cobwebs. Kitchen fixtures and appliances Description. Fixtures, surfaces, and appliances are free excessive dust, deposits, marks, and cobwebs; Electrical and cooking fixtures and appliances are kept free from signs of use or non -use; Cooker hoods, Interior and exterior, and filters are free of grease and dirt on Inner and outer surfaces; and Refrigerators /freezers are clean and free of ice build -up. Toilets and washroom fixtures Description: Porcelain, cubicle rails, and plastic surfaces are substantially free from smudges, body fluids, soap build -up, mineral deposits, and hair — Inside and outside; Metal surfaces, shower screens, and mirrors are substantially free from streaks, soil, smudges, soap build -up, and oxide deposits; ■ Wall tiles and wall fixtures, including soap dispensers, towel holders, are substantially free of dust, grit, smudges/streaks, mould, soap build -up, and mineral deposits; 6 Shower curtains and bath mats are free from stains, smudges, smears, odours, mould, and body fluids; Plumbing fixtures are substantially free of smudges, dust, soap build -up, and mineral deposits; Bathroom fixtures are substantially free from unpleasant odours; Polished surfaces are of a sufficient uniform lustre; Sanitary disposal units are clean and functional; and Consumable items are In sufficient supply. Handrails and railings Description. Interior handrails and railings are substantially free of residue, grease, dirt, film and stains. Hand sanitizing stations Description. Hand sanitizing stations are substantially free from smudges, dust, and sanitizer, build -up; and Hand sanitizer is in sufficient supply. •1M -■ ELEMENT STANDARDS OF ACCEFTAMCE overall appearance Description: Surfaces and fixtures substantially free of dirt, dust, grit, litter, dewing gum, marks andspots, water, or other liquids. Police Headquarters 345 Version 3.4 rs Management Specification Page 68 of 69 RATUT TOWN ELEMENT STANDARDS OF ACCEPTANCE Overall appearance Description: Vertical surfaces, piping, conduit, and fixtures substantially free of dirt, dust, grit, marks, and spots; and Floor surfaces and fixtures substantially free of dirt, grit;, litter, marks and Envlronmental Standards ELEMENT STANDARDS OF ACCEPTANCE Overall appearance Description: All areas appeartidyand uncluttered; and Fire access and exit doors are left dear and unhindered. Odour control Description: There is no unpleasant or distasteful odour emanating from the facilities; and Room deodorizers are clean and functional. I ** N Ponce Headquarters 346 Version 3 4 {;r Management Speclflcation Page 69 of 69 lG1iNT tOTAT Police Headquarters Occupancy Agreement Schedule 13 SCHEDULE 13 347 [The City will not be respansibie for installation, maintenance and /or rehabilitation of Board of Police Assets) Board of Police -- Police Headquarters No. , Item Provider I. Enhancers, antennas, trunk mobile, radios, Board of Police cell Phones, blackberries 2. Computers and associated technologies, 1 Board of Police servers, routers, switches, telephones, data rooms, AJV recording equipment 3. Telephone equipment Board of Police 4. Telephony, radio and 911 networks Board of Police S. Furniture and equipment Board of Police 6. Forensics equipment Board of Police 7. Window coverings Board of Police S. Smart Boards, televisions," equipment Board of Police Police Headquarters Occupancy Agreement Schedule 14 SCHEDULE 14 349 FYI IaWdr�aueTiwr F � � ' S Sias f f & &Kim " # # s s 350 Obar►ronfi mr�- S i,00L `�t�IdilY 3 iQyfU fbvr�q � � aOiG CeA'ing7 � 1 aaa mw -taco S aefentFpn Liars ,S Sol vetendin Deirlfardwo� 14 Sall rRull�gMgle�ieciaidRipiir �, pl;Oia a ai+<unrp sac. GAIN �r S saco a - Us S sm UWAV Repcys B � �4r Pad Nerdwiarc f JAW •�.,. $ S 4w O+r►freid Dias f 3'ay�a iiVlalrrtonanoindM� # +,b46 S 6enernllwa6 ! 4AX &OW C aft It tau hrl � 566 Mil+Nisangi�pipia S 1i 6 fuMecefonJTestli6 ;see JAW 1mlaur�p -tea! $ S 351 law 3 iQyfU IQ,506 —• mw -taco S 4m p $ 14 $ Am SACO S 4AW 4,M S � SI3 f 521. _ •�.,. $ 331 $ S52 S SLS" # jAkI" S sao' t JON 3 ;see t IAW 8 7.00D S Z= S 3,o9t S $sot S sq, s a,6oc S �,ax: s taSI f J60X � Izow t S I7 6p6 s 5 4�i S Ia 247ail, $ II,Qi6 l,x3S I. Me $ 47M s +6m 4967 S � f ,70 5 3.663 Ste. $ , s in 17,56p S Ixwm 1+116 S �.sma $ JLM S $ Aaa6 ; . 8. 351 OW Arki a - S two INIaEarpr�y i �� MMPfBt�patrs s eBwlaewaoa � a.pr. s ,o.oda 5 Sorvka Ca"oc& 5 p#rxru Serwce ON a uts __ Im mwmmsn and } - If Sgsos Sm vkn CMN Brcki $ SAVO T-ft 0AdWW40'6GOA�pp�IpW! I.san d Mskjjm.aaa and wpnh kdpzcvor+l Taft ak- -DMFA*&Aw S zm) S<►xdaeCaBaQr!¢ S ;aol� LIheaur" s swsis ' MRbftO&� and RApilr 1.,SGG servf $ Servki c9Nardrs ¢ ekemm and pwimb t �zd0 wY Hrhda"=and ago* k S sewrce cmwm Senrdx CvJf Bode S i1,rkJ m Maip6Manca and 8Mgbr >a4i1 5 352 $ two __ S Sgsos aO.S x ax,as scan s swsis i1,rkJ >a4i1 S LIAM 5 A?aAFI $ S= $ SIM $ i 3,319 45x9 $ x,656 $AV Ltz" - -- $ $ $ 4851 j 2,3M 11r n i MAW $ 40M satss Sass s soa s SAM 5 SSan ; s425 5 s.as3 1dA S Su 3 sas 352 s SOP � �uw f $ ]AW San # so $ $ sa.� $ �22.55 $ 353 Zoo $ AL YIN d i S13 8M $ 3 S $$2.257,02� $ 1,446,300 is 1336 a � s 2,OX s i a,75A Spa S X3AW $ 13.79 U.3OU S*nAkg CaN dads € ipNnMIM'�M��aa�dR�4r s 6 4.iN tw.a� /TmftJOwO wdpn s s Servkc can Bwdw :- bumukk- T- -ftendLWatmm g SGO C1V9��1�lrhip�Aak y i,xgm Aouess Control Systcm ,� cmCommuSymm # . AYBILC/�ddlilSiS�s'bflpl $ 975,200 UUWA' ` I $ a TOTAL TOTAL PER SQUIRE RW {14$,271 SOFT $ 10:86 s SOP � �uw f $ ]AW San # so $ $ sa.� $ �22.55 $ 353 Zoo $ AL YIN d i S13 8M $ 3 S $$2.257,02� $ 1,446,300 is 1336 a � s 2,OX s i a,75A Spa S X3AW $ 13.79 $ !,520.1!9 $ 18.04 2,M zm M"& 1.656 420 5,259 sm U.3OU 6 4.iN Sy2�, s � S $ !,520.1!9 $ 18.04 2,M zm M"& 1.656 420 5,259 sm Police Headquarters Operating Costs Agreement Schedule 13 SCHEDULE 13 ESTIMATED OPERATING EXPENSES BUDGET 354 List of items compromising the overall operating expense budget in the initial year of the Agreement , E5TI ATED Cows 2013 1. Property Taxes $450,000 2. Utilities $153,400 3. Insurance $15,000 4. Energy Management System $14,100 5. Cleaning $175,000 6. Pest Control $2,200 7. Solid Waste Management $28,000 8. Maintenance and Repairs i. Interior $17,500 ii. Exterior $22,000 iii. Grounds $8,500 iv. Parking Garage $18,500 V. HVAC $30,000 Vi. Plumbing $11,500 Vii. Electrical $12,000 Viii. Elevator $1,500 ix. Emergency Generator $0 X. Fire Alarm $2,000 xi. Sprinklers $11,000 xii. Fire Extinguisher $500 xiii. CCTV $2,500 Subtotal $975,200 Administration and Management $146,280 Contingency $0 Total $1,121,480 355 COX &PALMER I ccxandpaimerlaw.com New Brunswick I Newfoundland and Labrador I Nova Scotia I Prince Edward Island November 4, 2013 Mayor Mel K. Norton and Members of Common Council The City of Saint John 15 Market Square P.O. Box 1971 Saint John, NB E21- 41-1. Your Worship and Councillors: Re: Horizon Health - Tucker Park Our File: 113/18/3258 We are solicitors for Horizon Health Network ( "Horizon "). By his Last Will and Testament dated January 6, 1913, Joseph J. Tucker bequeathed the lands commonly known as Tucker Park to the City of Saint John. In accordance with the terms of the said will Tucker Park lands were to be used for park purposes. In 1963 the majority of Tucker Park was conveyed to the University of New Brunswick pursuant to the provisions of a Private Bill enacted by the Legislative Assembly of New Brunswick, with the said land being used for "University Purposes ". In 1974 the City of Saint John further petitioned the Legislative Assembly to further amend the provisions of the Tucker bequest to allow for a portion of the land that was conveyed to the University of New Brunswick in 1964, to be conveyed by the University to the Government of New Brunswick for the purposes of "..the development, construction and operation of facilities for the prevention, treatment, mitigation or suppression of disease and injuries, for the conservation, promotion and maintenance of human health and life, and for education with respect thereto ". The Government of New Brunswick and Horizon are giving consideration to expanding the purposes for which the Regional Hospital site would be used, the particulars of which are detailed in the draft resolution attached hereto (the "Project "). Millam H. Teed, Q.C.. Partner Direct 506 683 2718 Main 506 632 8900 Fax 506 632 8809 Email wteed ®ooxandpaimer.com Suite 1500 Brunswick Square 1 Germain StreetSaintJohn NB E2L 4Vt Correspundence PO Box 1324 Saint John E21- 4H8 356 In order to embark upon the Project, it is necessary to further amend the provisions of the Tucker Trust by way of Private Bill. In our opinion it is necessary for the City of Saint John to be the petitioner of The Private Bill as the City was the initial beneficiary of the Tucker bequest of Tucker Park. Glen Tait, MLA Saint John East, has agreed to sponsor the Private Bill. Attached is a draft resolution for Common Council's consideration hereinbefore referred to. Yours very tr , William H. Teed WHT /mhm Enclosure Page 24 7 RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SAINT JOHN RESOLVED that all necessary steps be taken forthwith to further amend the trust relating to Tucker Park imposed by the fast will and testament of Joseph J. Tucker to enlarge and extend the said trust to permit the conveyance or lease of those lands, or a portion or portions thereof, or the buildings, or parts of buildings constructed or to be constructed thereon, described in An Act to Enable Land to Be Used for Hospital Purposes being chapter 6 of the Acts of New Brunswick, 1974 to such legal entity as determined by Her Majesty the Queen in right of the Province of New Brunswick in her sole discretion, the said lands, or any portion or portions thereof, or the buildings, or parts of buildings constructed or to be constructed thereon to be used for the construction of a medical arts building and for. (a) offices for medical doctors and related health care professionals; (b) day care facilities; (c) hostel for patients and their families; (d) fitness /wellness centre; (e) facilities for the carrying out of health research projects; (f) retail shops; (g) parking facilities; and (h) any other facilities and services that would enhance the delivery of health care services. The said lands being the lands that were conveyed by The University of New Brunswick to Her Majesty the Queen In right of the Province of New Brunswick pursuant to An Act to Enable Land to Be Used For Hospital Purposes being chapter 6 of the Acts of New Brunswick 1974, including the preparation and presentation of a Private Bill to the Legislative Assembly of New Brunswick, such Act to be enacted in both official languages in accordance with the Standing Rules of the Legislative Assembly of New Brunswick. cYaVMy. pWyY�l. cw+ T�4M��4 .�w��.iWW�p�pM111ne�wnMn.�llN1 uMY 2198