2019-04-23_Agenda Packet--Dossier de l'ordre du jourCity of Saint John
Common Council Meeting
AGENDA
Tuesday, April 23, 2019
6:00 pm
8th Floor Common Council Chamber (Ludlow Room), City Hall
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
2.
Approval of Minutes
2.1 Minutes of April 8, 2019
5-20
3.
Approval of Agenda
4.
Disclosures of Conflict of Interest
5.
Consent Agenda
5.1 Proposed Public Hearing Date - 49 Noel Drive and 1008 Latimore Lake Road
21-22
(Recommendation in Report)
5.2 Tender 2019-681001T - Phosphate for Corrosion Control (Recommendation in
23-25
Report)
5.3 Licence Agreement for BeaverTails Mobile -Unit (Recommendation in Report)
26-34
5.4 Licence Agreement for Fog Cutter Inc. Mobile Food -Unit (Recommendation in
35-41
Report)
5.5 Building Condition Assessments (BCA) and Energy Audits (EA) on Municipal
42-46
and Water Facilities (Recommendation in Report)
5.6 Coast Guard Site Demolition - Phase II (Recommendation in Report)
47-49
5.7 CanadaHelps Agreement - P. R.O. Kids - City of Saint John (Recommendation
50-110
K
in Report)
5.8 Contract 2019-02: Mecklenburg Street (Sydney Street to Wentworth Street) -
111 -113
Water, Sanitary and Storm Sewer Renewal and Street Reconstruction
(Recommendation in Report)
5.9 Province of New Brunswick - Nuisance Deer Management Assistance Program
114-114
(Recommendation: Receive for Information)
6.
Members Comments
7.
Proclamation
7.1 Lyme Awareness Month - May 2019
115-115
7.2 Day of Mourning - April 28, 2019
116-116
8.
Delegations / Presentations
8.1 Fundy Regional Service Commission - The Coastal Link Trail
117-145
9.
Public Hearings - 6:30 p.m.
10.
Consideration of By-laws
10.1 Weight Restriction By -Law Amendment and Agreement (3rd Reading)
146-153
10.2 40 Mountain View Drive - Supplementary Report
154-208
10.2.1 Municipal Plan Amendment - 40 Mountain View Drive (3rd Reading)
209-210
10.2.2 Zoning ByLaw Amendment - 40 Mountain View Drive (3rd Reading)
211-213
with Section 59 Conditions
10.3 Zoning ByLaw Amendment - 86 and 88 Regent Street (3rd Reading) with
214-216
Section 59 Conditions
10.4 Zoning ByLaw Amendment - 175 Hilyard Street (3rd Reading) with Section 59
217-220
Conditions
11.
Submissions by Council Members
12.
Business Matters - Municipal Officers
12.1 Continuous Improvement Initiatives Update
12.2 Demolition of Vacant, Dilapidated and Dangerous Building at 22 Belgrave
221 -255
Street (PID 55222624)
K
13.
14.
15.
16.
17
18.
12.3 Evaluation of Urban Development Incentives and Urban Beautification Grant
256-334
Policies - Staff Presentation
Committee Reports
13.1 2019 Growth Work Plan - Staff Presentation
335-359
13.2 Saint John Local Immigration Partnership
360-364
13.3 Growth Reserve Fund Request - Dangerous and Vacant Building Program -
365-374
Staff Presentation
13.4 Heritage Grant Program Budget and Policy Amendments - Staff Presentation
375-392
Consideration of Issues Separated from Consent Agenda
General Correspondence
15.1 Ticket Purchase Request - Hospice 2019 Sun Flower Luncheon
393-393
15.2 Ticket Purchase Request- P.R.O. Kids Annual "Fun" Raising Dinner
394-395
15.3 Ticket Purchase Request - Taste of the Maritimes
396-398
Supplemental Agenda
16.1 Saint John EMO Spring Freshet Update (Verbal)
16.2 The Canadian Red Cross Society - Confidentiality Agreement
399-402
Committee of the Whole
17.1 Intergovernmental Affairs and Strategic Communications Position
403-403
Adjournment
K3
City of Saint John
Common Council Meeting
Tuesday, April 23, 2019
Committee of the Whole
1. Call to Order
Si vous avez besoin des services en fran�ais 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 68(1) of the Local Governance Act and Council / Committee will
make a decision(s) in that respect in Open Session:
4:30 p.m., 8th Floor Boardroom, City Hall
1.1 Approval of Minutes 68(1)
1.2 Financial Matter 68(1)(c)
1.3 Employment Matter 68(1)0)
1.4 Financial Matter 68(1)(c)
1.5 Financial Matter 68(1)(c)
Ville de Saint John
Seance du conseil communal
Mardi 23 avril 2019
18h
Salle du conseil communal (salle Ludlow), an 8e kage de 1'h6tel de ville
Comit6 pl6nier
1. Ouverture de la s6ance
Si vous souhaitez obtenir des services en fran�ais pour une seance du conseil communal,
veuillez communiquer avec le bureau du greffier communal au 658-2862.
Chacun des points suivants, en totalit6 ou en partie, peut faire l'objet d'une discussion en
prive en vertu des dispositions prevues au paragraphe 68(1) de la Loi sur la gouvernance
locale. Le conseil/comite prendra une ou des decisions a cet egard au cours de la seance
publique :
16 h, Salle de conf6rence, 8e 6tage, h6tel de ville
1.1 Approbation duproces-verbal 68(1)
1.2 Questions financieres 68(1)(c)
1.3 Questions relatives a 1'emploi 68(1)j)
1.4 Questions financieres 68(1)(c)
1.5 Questions financieres 68(1)(c)
S6ance ordinaire
1. Ouverture de la s6ance
2. Approbation du proces-verbal
2.1 Proces-verbal du 8 avri12019
3. Adoption de l'ordre du jour
4. Divulgations de conflits d'int6rets
5. Questions soumises a 1'approbation du conseil
5.1 Date d' audience publique proposee — 49, promenade Noel et 1008, chemin
Latimore Lake (recommandation dans le rapport)
5.2 Soumission 2019-681001 T — Phosphate pour le contrdle de la corrosion
(recommandation dans le rapport)
2
5.3 Accord de licence pour l'unite mobile BeaverTails (recommandation dans
le rapport)
5.4 Accord de licence pour 1'unit6 mobile d'alimentation Fog Cutter inc.
(recommandation dans le rapport)
5.5 Evaluations de 1'6tat d'un immeuble (EEI) et verifications de rendement
energetique (VRE) des installations municipales et de traitement des eaux
(recommandation dans le rapport)
5.6 Demolition du site de la Garde cdtiere — Phase II (recommandation dans le
rapport)
5.7 Entente CanaDon — P.R.O. Kids — Ville de Saint John (recommandation
dans le rapport)
5.8 Contrat 2019-02 : rue Mecklembourg (de la rue Sydney a la rue
Wentworth) — Renouvellement du r6seau d'aqueduc, d'egouts sanitaires et
pluviaux et reconstruction de la rue (recommandation du rapport)
5.9 Province du Nouveau -Brunswick — Programme d' aide a la gestion des
cerfs nuisibles (recommandation : Recevoir pour information)
6. Commentaires pr6sent6s par les membres
7. Proclamation
7.1 Mois de sensibilisation a la maladie de Lyme — Mai 2019
7.2 Jour de deuil — 28 avril 2019
8. D616gations et pr6sentations
8.1 Commission des services r6gionaux de Fundy — The Coastal Link Trail
9. Audiences publiques —18 h 30
10. Etude des arret6s municipaux
10.1 Modification et accord au sujet du reglement sur la limitation de poids (3e
lecture)
10.2 40, chemin Mountain View — Rapport supplementaire
10.2.1 Modification au plan municipal — 40, chemin Mountain View (3e
lecture)
10.2.2 Modification au reglement de zonage — 40, chemin Mountain View
(3e lecture) avec conditions de Particle 59
10.3 Modification au reglement de zonage — 86 et 88, rue Regent (3e lecture)
avec conditions de Particle 59
3
10.4 Modification au reglement de zonage — 175, rue Hilyard (3e lecture) avec
conditions de Particle 59
11. Interventions des membres du conseil
12. Affaires municipales 6voqu6es par les fonctionnaires municipaux
12.1 Mise a jour des initiatives d'amelioration continue
12.2 Demolition d'un batiment vacant, delabre et dangereux au 22, rue
Belgrave (PID 55222624)
12.3 Evaluation des politiques d'incitation au d6veloppement urbain et de
subvention a 1' embellissement urbain
13. Rapports d6pos6s par les comit6s
13.1 Plan de travail pour la croissance de 2019
13.2 Partenariat local en mati&re d'immigration de Saint-Jean
13.3 Demande de fonds de r6serve de croissance — Programme pour les
batiments dangereux et vacants
13.4 Modifications au budget et a la politique du Programme de subventions du
patrimoine
14. Etude des sujets 6cart6s des questions soumises a 1'approbation du Bureau
15. Correspondance g6n6rale
15.1 Demande d'achat de billets — D&jeuner 2019 de 1'Hospice Sunflower
15.2 Demande d'achat de billets — Souper de collecte de fonds annuel P.R.O.
Kids
15.3 Demande d'achat de billets — Taste of the Maritimes
16. Ordre du jour suppl6mentaire
16.1 EMO Saint John mise a jour de la crue printani&e
16.2 Accord de la Croix -Rouge
17. Comit6 pl6nier
17.1 Affaires intergouvernementales et communications strat6giques
18. Lev6e de la s6ance
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COMMON COUNCIL/ CONSEIL COMMUNAL
April 8, 2019 / le 8 avril 2019
1► [01111 100=00e111w_1:M► III isI1►[e
COMMON COUNCIL OF THE CITY OF SAINT JOHN
APRIL 8, 2019 AT 6:00 PM
IN THE COUNCIL CHAMBER
Present: Presiding Officer Deputy Mayor Shirley McAlary
Councillor -at -Large Gary Sullivan
Councillor Ward 1 Blake Armstrong
Councillor Ward 1 Greg Norton
Councillor Ward 2 Sean Casey
Councillor Ward 2 John MacKenzie
Councillor Ward 3 Donna Reardon
Absent: Mayor Don Darling
Councillor Ward 4 David Merrithew
Councillor Ward 4 Ray Strowbridge
Also Present: City Manager J. Collin
Deputy City Manager N. Jacobsen
City Solicitor J. Nugent
Police Chief B. Connell
Fire Chief K. Clifford
Commissioner Growth and Community Development J. Hamilton
Comptroller C. Graham
Commissioner of Transportation and Environment M. Hugenholtz
Commissioner of Saint John Water B. McGovern
Common Clerk J. Taylor
Deputy Common Clerk P. Anglin
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COMMON COUNCIL/ CONSEIL COMMUNAL
April 8, 2019 / le 8 avril 2019
1. Call to Order
The Deputy Mayor recognized three members of the City Fire Department who will
receive the Certificate of Courage Award in May for distinguished service for saving a life
at a fire on Waterloo Street:
• Captain Karl Conrad
• Lieutenant Scott Goguen
• Lieutenant Trevor Price
2. Approval of Minutes
2.1 Minutes of March 25, 2019
Moved by Councillor Sullivan, seconded by Councillor Norton:
RESOLVED that the minutes of the meeting of Common Council, held on March 25,
2019, be approved.
MOTION CARRIED.
3. Approval of Agenda
Moved by Councillor Sullivan, seconded by Councillor Norton:
RESOLVED that the agenda of this meeting be approved with the addition of the
following items:
• 16.1 Continuous Improvement Initiatives Update
• 16.2 Ticket Purchase Request - May Day Dinner
• 17.1 Sale of City Owned Property off Mecklenburg Street
MOTION CARRIED.
4. Disclosures of Conflict of Interest
City Solicitor J. Nugent declared a conflict with item 5.10 Asphalt testing services.
The City Solicitor withdrew from the meeting.
S. Consent Agenda
5.1 That the Town of Hampton Letter re Regional Arena Collaboration be received
for information.
5.2 That as recommended by the City Manager in the submitted report M&C 2019-
73: Summer Arena Bulk Rental Agreement Amendment, Common Council authorize the
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COMMON COUNCIL/ CONSEIL COMMUNAL
April 8, 2019 / le 8 avril 2019
Mayor and Common Clerk to execute the license agreement between the City of Saint
John and 707990 N.B. Inc. as attached to M&C 2019-73.
5.3 That as recommended by the City Manager in the submitted report M&C 2019-
82: Special Events License Application for P.R.O. Kids Dickie Crossman Hockey
Tournament, Common Council grant George Georgoudis, on behalf of Vito's Restaurant,
permission to apply for a Special Events permit with the Province of New Brunswick to
serve alcohol out of the warming area of the Hilton Belyea Arena on the dates of April
18 -20th, 2019 in support of the Annual Dickie Crossman Hockey Tournament.
5.4 That as recommended by the City Manager in the submitted report M&C 2019-
61: Software Renewal - ClearRisk, Common Council direct the Mayor and Common Clerk
to execute the submitted ClearRisk renewal.
5.5 That as recommended by the City Manager in the submitted report M&C 2019-
71: License Agreement with Saint John Arts Centre for Mural Project,
1. The City enters into a License agreement with Saint John Arts Centre for $1.00 to
grant its agents, employees, partners and contractors access to and use a portion
of the building facade at civic #20 Peel Plaza, being a portion of PID Numbers
37499 and 37481, for the mural creation, subject to the following terms and
conditions:
a. the License shall commence on June 1, 2019 and conclude at 11:59 pm (local
time) on July 31, 2019;
b. that Saint John Arts Centre shall, at no expense to the Licensor, obtain and
maintain in full force and effect during the entire term of this Licence, a
Commercial General Liability Insurance policy with policy limits of not less
than five million dollars ($5,000,000.00) inclusive per occurrence for bodily
injury and property damage; which policy shall name the City as an additional
insured and shall contain a cross -liability clause; and
c. all damages, cost, claims, demands, actions, suits or other proceedings by
whomsoever claimed, made, brought or prosecuted in any manner and
whether in respect of property owned by others or in the Licensee does
hereby indemnify and save harmless the Licensor from respect of damage
sustained by others based upon or arising out of or in connection with the use
of the Licensed Area.
2. That the Mayor and Common Clerk be authorized to execute the License
Agreement.
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COMMON COUNCIL/ CONSEIL COMMUNAL
April 8, 2019 / le 8 avril 2019
5.6 That as recommended by the City Manager in the submitted report M&C 2019-
76: Tender for Asphaltic Concrete Mixes, the seasonal tender for the supply of asphaltic
concrete mixes be awarded as follow:
• Pre Construction Season (start of plant til May 5, 2019) - NRB Construction Company Ltd.
• Construction Season (May 6 to November 8, 2019) - NRB Construction Company Ltd.
• Post Construction Season (November 9, 2019 to plant close) - Galbraith Construction Ltd.
5.7 That as recommended by the City Manager in the submitted report M&C 2019-
78: Contract No. 2019-16 Asphalt Resurfacing 2019, the contract be awarded to the low
Tenderer, Galbraith Construction Ltd., at the tendered price of $5,886,959.54 (including
HST) as calculated based upon estimated quantities, and further that the Mayor and
Common Clerk be authorized to execute the necessary contract documents.
5.8 That the submitted report M&C 2019-79: 2019 Roadway Construction Projects,
be received for information.
5.9 That as recommended by the City Manager in the submitted report M&C 2019-
80: City Market Tower — Phase 2 Interior Renovations and Fit -Up, the tender submitted
by Eclipse Construction Services Ltd., for the City Market Tower Phase 2 Interior
Renovations and Fit -Up, in the amount of $3,162,806.30 plus HST be accepted. Further
to the base tender amount, it is recommended that a contingency allowance be carried
for this project in the amount of $158,140.32 plus HST, for a total project cost of
$3,320,946.62 plus HST. Additionally, it is recommended that the Mayor and Common
Clerk be authorized to execute the necessary contract documents.
5.10 That as recommended by the City Manager in the submitted report M&C 2019-
77: Materials Testing and Construction Inspections Services for 2019 and 2020, the
proposal from Gemtec Consulting Engineers and Scientists Limited, for Material Testing
and Construction Inspection Services for 2019 and 2020 in the amount of $683,660.05
including HST be accepted and that the Mayor and Common Clerk be authorized to
execute the appropriate documentation in that regard.
5.11 That the submitted report M&C 2019-69: Public Information Session:
Mecklenburg Street (Sydney Street to Wentworth Street), be received for information.
5.12 That the submitted report M&C 2019-70: Public Information Session: Wentworth
Street (Union Street to Elliot Row) - Water Sanitary and Storm Sewer Renewal and Street
Reconstruction, be received for information.
5.13 That as recommended by the City Manager in the submitted report M&C 2019-
67: Engineering Services: Prospect Street West — Sanitary Lift Station & Sewer
Improvements, the proposal from Crandall Engineering Ltd., for engineering design and
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COMMON COUNCIL/ CONSEIL COMMUNAL
April 8, 2019 / le 8 avril 2019
construction management services for the Prospect Street West — Sanitary Lift Station &
Sewer Improvements project in the amount of $82,000.75 including HST be accepted
and that the Mayor and Common Clerk be authorized to execute the appropriate
documentation in that regard.
5.14 That the New Brunswick Dental Society Letter re Municipal Water Fluoridation
be received for information.
Moved by Councillor Sullivan, seconded by Councillor Norton:
RESOLVED that the recommendation set out in each consent agenda item respectively
be adopted.
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The City Solicitor re-entered the meeting.
6. Members Comments
Council members commented on various community events.
7. Proclamations
7.1 National Public Safetv Telecommunications Week — ADril 14 to 20. 2019
The Mayor declared April 14th to 20th, 2019 as "National Public Safety
Telecommunications Week".
8. Delegations/Presentations
9. Public Hearings 6:30 PM
9.1 Proposed Zoning ByLaw Amendment with Planning Advisory Committee report
recommending Amendment — 86-88 Regent Street
The Common Clerk advised that the necessary advertising was completed with regard to
amending Schedule "A", the Zoning Map of The City of Saint John, by re -zoning a parcel
of land having an area of approximately 727 square metres, located at 86 and 88 Regent
Street, also identified as PID Numbers 00343178 and 55233597 from Neighbourhood
Community Facility (CFN) to Two -Unit Residential (R2), with no written objections
received.
Consideration was also given to a report from the Planning Advisory Committee
submitting a copy of Planning staff's report considered at its March 26, 2019 meeting at
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COMMON COUNCIL/ CONSEIL COMMUNAL
April 8, 2019 / le 8 avril 2019
which the Committee recommended the rezoning of a parcel of land located at 86 and
88 Regent Street as described above.
The Mayor called for members of the public to speak against the re -zoning with no one
presenting.
The Mayor called for members of the public to speak in favour of the re -zoning with no
one presenting.
Moved by Councillor Sullivan, seconded by Councillor MacKenzie:
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By -Law of the City of
Saint John" amending Schedule "A", the Zoning Map of The City of Saint John, by re-
zoning a parcel of land having an area of approximately 727 square metres, located at
86 and 88 Regent Street, also identified as PID Numbers 00343178 and 55233597 from
Neighbourhood Community Facility (CFN) to Two -Unit Residential (R2), be read a first
time.
MOTION CARRIED.
Read a first time by title, the by-law entitled, "A Law to Amend the Zoning By -Law of The
City of Saint John."
Moved by Councillor Sullivan, seconded by Councillor MacKenzie:
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By -Law of the City of
Saint John" amending Schedule "A", the Zoning Map of The City of Saint John, by re-
zoning a parcel of land having an area of approximately 727 square metres, located at
86 and 88 Regent Street, also identified as PID Numbers 00343178 and 55233597 from
Neighbourhood Community Facility (CFN) to Two -Unit Residential (R2), be read a second
time.
MOTION CARRIED.
Read a second time by title, the by-law entitled, "A Law to Amend the Zoning By -Law of
The City of Saint John."
9.2 Proposed Municipal Plan and Zoning ByLaw Amendments with Planning Advisory
Committee report recommending Amendments —40 Mountain View Drive
Commissioner Hamilton advised of the public hearing on the amendments, section 59
conditions, and staff presentation.
Referring to the submitted report entitled 40 Mountain View Drive (Calabria Estates)
Planner Andrew Reid presented an overview with site aerial photographs and design
rd
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COMMON COUNCIL/ CONSEIL COMMUNAL
April 8, 2019 / le 8 avril 2019
drawings of the proposal for the 126 unit residential development to be serviced by
private streets.
Responding to a question on the last traffic review, staff responded that nothing
significant has been built in the area to impact the area traffic since 2008.
Responding to a question on waste management / garbage pick up and roads remaining
private and the responsibility of the developer, the City Manager stated that City staff is
is taking a holistic review of how we are managing waste within the City and will be
reporting to Council with recommendations. The existing inconsistencies will be
addressed.
The City Solicitor commented on adding s. 59 conditions to state garbage pick up and
roads will remain the responsibility of the developer, stating that any comfort those
conditions may give is an illusory one. In law it is never the responsibility of the City to
accept the responsibility for the streets or other facilities that are privately held.
The Common Clerk advised that the necessary advertising was completed with regard to
the proposed Municipal Plan and Zoning Bylaw amendments of a parcel of land located
at 40 Mountain View Drive having an area of approximately 3.25 hectares, also
identified as PID Numbers 00313429 and 00426452 from Low Density Residential to
Low to Medium Density Residential; and by re -zoning the same parcel of land from
High -Rise Residential (RH) and Two -Unit Residential (R2) to Integrated Development
(ID), to undertake a medium density residential development with a mix of housing
types, with written objections received.
Consideration was also given to a report from the Planning Advisory Committee
submitting a copy of Planning staff's report considered at its March 26, 2019 meeting at
which the Committee recommended approval as set out in the staff recommendation,
to re -zone a parcel of land located at 40 Mountain View Drive as described above with
Section 59 conditions.
The Mayor called for members of the public to speak against the re -zoning with Darlene
Hersey, resident of Myles Subdivision, presenting in support but seeking clarification
that Myles Drive will not be reopened for Controlled Emergency access vehicles.
The Mayor called for members of the public to speak in favour of the amendments with
the following presenting:
• John Rocca President Developer presenting. Responding to a question on the
private street, the developer said the street is priority 4. This will not be
attractive to the renters. This is why the developer will maintain the street.
• Steve Carson Develop SJ presenting in support of the development.
Moved by Councillor Sullivan, seconded by Councillor MacKenzie:
VA
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COMMON COUNCIL/ CONSEIL COMMUNAL
April 8, 2019 / le 8 avril 2019
RESOLVED that the by-law entitled, "A Law to Amend the Municipal Plan By -Law"
amending Schedule B — Future Land Use, by redesignating a parcel of land with an area
of approximately 3.25 hectares, located at 40 Mountain View Drive, also identified as
PID Numbers 00313429 and 00426452, from Low Density Residential to Low to Medium
Density Residential classification, be read a first time.
MOTION CARRIED.
Read a first time by title, the by-law entitled, "A Law to Amend the Municipal Plan By -
Law."
Moved by Councillor Sullivan, seconded by Councillor MacKenzie:
RESOLVED that the by-law entitled, "A Law to Amend the Municipal Plan By -Law"
amending Schedule B — Future Land Use, by redesignating a parcel of land with an area
of approximately 3.25 hectares, located at 40 Mountain View Drive, also identified as
PID Numbers 00313429 and 00426452, from Low Density Residential to Low to Medium
Density Residential classification, be read a second time.
MOTION CARRIED.
Read a second time by title, the by-law entitled, "A Law to Amend the Municipal Plan
By -Law."
Moved by Councillor Sullivan, seconded by Councillor MacKenzie:
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By -Law of The City of
Saint John", amending Schedule "A", the Zoning Map of The City of Saint John, by re-
zoning a parcel of land having an area of approximately 3.25 hectares, located at 40
Mountain View Drive, also identified as being PID Numbers 00313429 and 00426452,
from High -Rise Residential (RH) and Two -Unit Residential (R2) to Integrated
Development (ID), be read a first time.
IL WIII [Q0114Y1ilk] all1991
Read a first time by title, the by-law entitled, "A Law to Amend the Zoning By -Law of The
City of Saint John."
Moved by Councillor Sullivan, seconded by Councillor MacKenzie:
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By -Law of The City of
Saint John", amending Schedule "A", the Zoning Map of The City of Saint John, by re-
zoning a parcel of land having an area of approximately 3.25 hectares, located at 40
Mountain View Drive, also identified as being PID Numbers 00313429 and 00426452,
from High -Rise Residential (RH) and Two -Unit Residential (R2) to Integrated
Development (ID), be read a second time.
g
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COMMON COUNCIL/ CONSEIL COMMUNAL
April 8, 2019 / le 8 avril 2019
MOTION CARRIED.
Read a second time by title, the by-law entitled, "A Law to Amend the Zoning By -Law of
The City of Saint John."
9.3 Proposed Zoning ByLaw Amendment with Planning Advisory Committee report
recommending Amendment —175 Hilyard Street
The Common Clerk advised that the necessary advertising was completed with regard to
amending subsection 11.4(1); amending subsection 11.7(1); and introducing specific
development standards for self -storage facilities, with written submissions received, to
permit a self -storage facility at 175 Hilyard Street and as a permitted use in the Business
Park Commercial (CBP) and General Commercial (CG) zones and to introduce specific
development standards for these facilities.
Commissioner Hamilton advised that the amended staff recommendation addresses the
concerns raised in the PAC report. Referring to the submitted report entitled M&C2019-
81 Proposed Amendments to the Zoning Bylaw to Address Self -Storage Facilities, Mark
Reade Senior Planner recommended the proposed amendment stating the proposal
conforms to Municipal Plan criteria for land use designation.
Consideration was also given to a report from the Planning Advisory Committee
submitting a copy of Planning staff's report considered at its March 26, 2019 meeting.
Staff is recommending the adoption of an amended staff recommendation which
establishes self -storage facilities as a permitted use subject to standards in certain
commercial zones and recommends approval of Section 59 amendments to enable the
proposal for a self -storage facility at 175 Hilyard Place.
The Mayor called for members of the public to speak against the re -zoning with no one
presenting.
The Mayor called for members of the public to speak in favour of the re -zoning with the
following presenting:
• Rod Adams resident in favour of the staff recommendation
• Steve Carson DevelopSJ
Moved by Councillor Sullivan, seconded by Councillor MacKenzie:
RESOLVED that as recommended by the City Manager in the submitted report M&C
2019-81: Proposed Amendments to the Zoning Bylaw to Address Self -Storage Facilities,
Common Council adopt the following amended Staff recommendation which establishes
self -storage facilities as a permitted use subject to standards in certain commercial
zones and recommends approval of Section 59 amendments to enable the proposal for
a self -storage facility at 175 Hilyard Place:
01
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COMMON COUNCIL/ CONSEIL COMMUNAL
April 8, 2019 / le 8 avril 2019
1. That Common Council amends subsection 11.4(1) of The City of Saint John
Zoning By-law by adding the following to the list of permitted uses in the Business Park
Commercial (CBP) Zone:
"-Self-Storage Facility, subject to paragraph 11.4(3)(f);"
2. That Common Council amends subsection 11.4(3) of The City of Saint John
Zoning By-law by adding the following:
"(f) A lot containing a Self -Storage Facility permitted in subsection 11.4(1) shall not
be located within 60 metres of an Urban Centre Residential (RC) zone."
3. That Common Council amends subsection 11.7(1) of The City of Saint John
Zoning By-law by adding the following to the list of permitted uses in the General
Commercial (CG) Zone:
"-Self-Storage Facility;"
4. That Common Council amends The City of Saint John Zoning By-law by deleting
paragraph 6.1(k) and replacing it with the following:
(k) Except as otherwise provided by this By-law, when outdoor storage or a self -
storage facility is developed within 15 metres of an abutting lot in a Residential zone,
the outdoor storage or self -storage facility shall be screened in accordance with the
following:
(i) Excluding an opening no greater than 1.5 metres in width that is not oriented
toward a street, coniferous trees or hedges, or any combination thereof, shall be
planted and maintained in order to create a perimeter of vegetation having a minimum
depth of 1.5 metres completely around the storage area or self -storage facility;
(ii) The vegetation perimeter required by subparagraph (i) shall have a minimum
height at the time of planting of two metres when located in a Residential zone or 2.5
metres when located in any other zone and be in accordance with paragraph 6.2(d); and
(iii) Notwithstanding the above, the outdoor storage area may instead be enclosed
in accordance with section 5.5, or by any combination of permitted landscaping,
structures or berms.
5. That Common Council rescinds the Section 59 conditions imposed on the July 3,
1973 rezoning of the property located at 175 Hilyard Street, also identified as a portion
of PID No. 55228118, and amended on October 28, 1991.
6. That Common Council hereby imposes pursuant to the provisions of Section 59
of the Community Planning Act (SNB 2017, c.19) the following condition upon the
development and use of the parcel of land having an area of approximately 1.84
hectares, located at 175 Hilyard Street, also identified as PID No. 55228118:
10
14
COMMON COUNCIL/ CONSEIL COMMUNAL
April 8, 2019 / le 8 avril 2019
a) All areas of the site not occupied by buildings, driveways, walkways, parking,
storage or loading areas must be landscaped by the developer, in accordance with a
detailed landscaping plan, subject to the approval of the Development Officer prior to
the issuance of a Building Permit. This landscaping plan is to be prepared by the
developer or their consultant and submitted for approval with the Building Permit
application.
b) That the owner and/or successors shall enter into an agreement with the City
to provide a Local Government Services Easement to cover existing City infrastructure
located within the parcel.
IL 100000114Y1:k]k]11191
Moved by Councillor Sullivan, seconded by Councillor MacKenzie:
RESOLVED that the bylaw entitled, "A Law to Amend the Zoning By -Law of The City of
Saint John", amending subsection 11.4(1); amending subsection 11.7(1); and introducing
specific development standards for self -storage facilities, to permit a self -storage facility
at 175 Hilyard Street and as a permitted use in the Business Park Commercial (CBP) and
General Commercial (CG) zones, be read a first time.
MOTION CARRIED.
Read a first time by title, the by-law entitled, "A Law to Amend the Zoning By -Law of The
City of Saint John."
Moved by Councillor Sullivan, seconded by Councillor MacKenzie:
RESOLVED that the bylaw entitled, "A Law to Amend the Zoning By -Law of The City of
Saint John", amending subsection 11.4(1); amending subsection 11.7(1); and introducing
specific development standards for self -storage facilities, to permit a self -storage facility
at 175 Hilyard Street and as a permitted use in the Business Park Commercial (CBP) and
General Commercial (CG) zones, be read a second time.
MOTION CARRIED.
Read a second time by title, the by-law entitled, "A Law to Amend the Zoning By -Law of
The City of Saint John."
10. Consideration of By-laws
10.1 Proposed Municipal Plan Amendment — Policies related to Regional Retail
Centres
11
15
COMMON COUNCIL/ CONSEIL COMMUNAL
April 8, 2019 / le 8 avril 2019
The Common Clerk advised that the public required advertising is complete, no
submission letters were received.
Moved by Councillor Reardon, seconded by Councillor Sullivan:
RESOLVED that the proposed Municipal Plan By -Law Amendment regarding policies
related to Regional Retail Centres be referred to the Planning Advisory Committee for a
report and recommendation and the necessary advertising be authorized with a Public
Hearing to be held on Monday, June 3, 2019 at 6:30 p.m. in the Council Chamber.
MOTION CARRIED.
10.2 Proposed Municipal Plan Amendment — 1007-1019 Millidge Avenue
The Common Clerk advised that the public required advertising is complete, no
submission letters were received.
Moved by Councillor Reardon, seconded by Councillor Sullivan:
RESOLVED that the proposed Municipal Plan By -Law Amendment regarding 1007-1019
Millidge Avenue be referred to the Planning Advisory Committee for a report and
recommendation and the necessary advertising be authorized with a Public Hearing to
be held on Monday, June 3, 2019 at 6:30 p.m. in the Council Chamber.
MOTION CARRIED.
10.3 Weight Restriction By -Law Amendment (151 and 2nd Reading)
Moved by Councillor MacKenzie, seconded by Councillor Sullivan:
RESOLVED that the by-law entitled, "By -Law Number MV -17 A Law to Amend a By -Law
respecting Weight Restrictions within The City of Saint John enacted under the authority
of Section 262(1) of the Motor Vehicle Act" amending Schedule "A" by adding
Connection Routes, be read a first time.
MOTION CARRIED.
Read a first time by title, the by-law entitled, "By -Law Number MV -17 A Law to Amend a
By -Law respecting Weight Restrictions within The City of Saint John enacted under the
authority of Section 262(1) of the Motor Vehicle Act."
Moved by Councillor MacKenzie, seconded by Councillor Sullivan:
RESOLVED that the by-law entitled, "By -Law Number MV -17 A Law to Amend a By -Law
respecting Weight Restrictions within The City of Saint John enacted under the authority
of Section 262(1) of the Motor Vehicle Act" amending Schedule "A" by adding
Connection Routes, be read a second time.
12
COMMON COUNCIL/ CONSEIL COMMUNAL
April 8, 2019 / le 8 avril 2019
MOTION CARRIED.
Read a second time by title, the by-law entitled, "By -Law Number MV -17 A Law to
Amend a By -Law respecting Weight Restrictions within The City of Saint John enacted
under the authority of Section 262(1) of the Motor Vehicle Act."
11. Submissions by Council Members
11.1 Amendment to Parking ByLaw (Councillors Reardon & MacKenzie)
Moved by Councillor MacKenzie, seconded by Councillor Armstrong:
RESOLVED that item 11.1 Amendment to Parking Bylaw be referred to the City Manager
to consider a holistic examination of the Parking Bylaw at the earliest convenient time,
not to conflict with established 2019 work plan priorities.
MOTION CARRIED.
12. Business Matters - Municipal Officers
16.1 Continuous Improvement Initiatives -Verbal Update
The City Manager updated Council on the smaller scale Continuous Improvement (CI)
Initiatives associated with Growth and Development. Once every quarter each
department is required to present two initiatives, one for growth and one for customer
service.
S. Rackley Roach, Director Corporate Performance/CIO introduced three initiatives
selected for presentation:
Yves Leger, GIS Manager — Referred to his project converting the development
incentives documentation for use with mobile apps, including property assessment
documentation.
Evelyn Hatfield, Continuous Improvement Officer — Referred to the internal project
creating videos for employees on Cl behaviours.
Marc Carey Lieutenant Fire Department — Referred to the project training 911 assistance
response staff for autism awareness.
Moved by Councillor Sullivan, seconded by Councillor MacKenzie:
RESOLVED that the Continuous Improvement Initiatives - Verbal Update be received for
information.
IL 100000114Y1:k]k]11191
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13
COMMON COUNCIL/ CONSEIL COMMUNAL
April 8, 2019 / le 8 avril 2019
12.1 2018 Population Growth Estimates —Staff Presentation
Moved by Councillor Sullivan, seconded by Councillor Armstrong:
RESOLVED that the submitted report entitled 2018 Population Growth Estimates — Staff
Presentation, be received for information.
MOTION CARRIED.
12.2 Road Repair Update - Staff Presentation
Moved by Councillor Sullivan, seconded by Councillor MacKenzie:
RESOLVED that the submitted report M&C 2019-72: 2019 Asphalt Pavements Work, be
received for information.
MOTION CARRIED.
12.3 Fleet Update — Staff Presentation
Moved by Councillor Sullivan, seconded by Councillor Norton:
RESOLVED that the Fleet Update — Staff Presentation, be received for information.
MOTION CARRIED.
12.4 Spring Freshet Emergency Response Policy - Staff Presentation
Responding to a question, the City Manager commented that an Emergency Response
Policy may also be required for catastrophic seasonal / winter events.
Moved by Councillor Sullivan, seconded by Councillor Reardon:
RESOLVED that as recommended by the City Manager in the submitted report entitled
M&C 2018-87. Spring Freshet Emergency Response, Common Council adopt the Spring
Freshet Emergency Response Policy.
MOTION CARRIED.
13. Committee Reports
14. Consideration of Issues Separated from Consent Agenda
15. General Correspondence
15.1 Ticket Purchase Request/ Sponsor Request — Rotary Club of Saint John
14
iF:3
COMMON COUNCIL/ CONSEIL COMMUNAL
April 8, 2019 / le 8 avril 2019
Moved by Councillor Reardon, seconded by Councillor Sullivan:
RESOLVED that the Ticket Purchase Request/ Sponsor Request — Rotary Club of Saint
John be approved and the Office of the Common Clerk be directed to purchase tickets
for those Council members wishing to attend the event.
MOTION CARRIED.
15.2 Ticket Purchase Reauest — Kennebecasis Vallev Oasis Youth Centre
Moved by Councillor Reardon, seconded by Councillor MacKenzie:
RESOLVED that the Ticket Purchase Request — Kennebecasis Valley Oasis Youth Centre
be approved and the Office of the Common Clerk be directed to purchase tickets for
those Council members wishing to attend the event.
MOTION CARRIED.
15.3 Sponsor Request — Saint John Canada Celebrations Committee
Moved by Councillor Reardon, seconded by Councillor Sullivan:
RESOLVED that the Sponsor Request — Saint John Canada Celebrations Committee, be
received for information.
MOTION CARRIED.
16. Supplemental Agenda
16.2 Ticket Purchase Request - May Day Dinner Tickets
Moved by Councillor Reardon, seconded by Councillor Sullivan:
RESOLVED that the Ticket Purchase Request — May Day Dinner be approved and the
Office of the Common Clerk be directed to purchase tickets for those Council members
wishing to attend the event.
MOTION CARRIED.
17. Committee of the Whole
17.1 Sale of City Owned Property off Mecklenburg Street
Moved by Councillor Sullivan, seconded by Councillor MacKenzie:
RESOLVED that as recommended by the Committee of the Whole having met on April
8t" 2019, Common Council enter into the Agreement of Purchase and Sale attached to
M&C 2019-74, and further directs the Mayor and Common Clerk to execute any
documents necessary to make the transfer.
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COMMON COUNCIL/ CONSEIL COMMUNAL
April 8, 2019 / le 8 avril 2019
MOTION CARRIED.
18. Adjournment
Moved by Councillor Sullivan, seconded by Councillor Armstrong:
RESOLVED that the meeting of Common Council held on April 8, 2019, be adjourned.
IL [000011GL1:k]k]11191
The Mayor declared the meeting adjourned at 9:02 p.m.
16
COUNCIL REPORT
M&C No.
2019-091
Report Date
April 12, 2019
Meeting Date
April 23, 2019
Service Area
Growth and Community
Development Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: Proposed Public Hearing Date — 49 Noel Drive and 1008 Latimore
Lake Road
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Commissioner/Dept. Head
City Manager
Kenneth Melanson
Jacqueline Hamilton
John Collin
RECOMMENDATION
That Common Council schedule the public hearings for the rezoning and Section
59 Amendment applications of Village View Suites (Steve Brittain) (49 Noel
Drive) and Hughes Surveys Ltd. (on behalf of Thomas Construction) (1003
Latimore Lake Road) for Monday June 17, 2019 and Monday, June 3, 2019 at
6:30 p.m. (respectively) in the Ludlow Room, and refer the applications to the
Planning Advisory Committee for a report and recommendation.
EXECUTIVE SUMMARY
The purpose of this report is to advise Common Council of the rezoning and
Section 59 amendment applications received and to recommend an appropriate
public hearing date. The next available public hearing date is Monday June 3,
2019 for Latimore Lake Road. The next available public hearing date to
accommodate Noel Drive is Monday June 17, 2019.
PREVIOUS RESOLUTION
At its meeting of August 3, 2004, Common Council resolved that:
1. the Commissioner of Planning and Development receive all applications for
amendments to the Zoning By-law and Section 39 [now referred as section
59] resolutions/ agreements and proceed to prepare the required
advertisements; and
2. when applications are received a report will be prepared recommending the
appropriate resolution setting the time and place for public hearings and be
referred to the Planning Advisory Committee as required by the Community
Planning Act.
21
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REPORT
In response to the motion above, this report indicates the applications received and
recommends an appropriate public hearing date. Details of the applications are
available in the Common Clerk's office and will form part of the documentation at
the public hearings. The following applications have been received:
Name of
Location
Existing
Proposed
Reason
Applicant
Zone
Zone
Village View
49 Noel Avenue
Mid -Rise
Section 59
To increase the
Suites (Steve
Residential
Amendment
maximum allowed
Brittain)
(RM)
dwelling units.
Hughes Surveys
1003 Latimore
Rural (RU)
Pit & Quarry
To permit a pit and
& Consultants
Lake Road
(PQ)
quarry.
(on behalf of
Thomas
Construction
Ltd.)
STRATEGIC ALIGNMENT
While the holding of public hearings is a legislative requirement of the
Community Planning Act, it is also a key component of a clear and consistent
land development process, which provides transparency and predictability to the
development community and City residents.
The development approvals process helps fulfill Council's priorities of:
• ensuring Saint John has a competitive business environment for
investment,
• supporting business retention and attraction; and
• driving development in accordance with PlanSJ which creates the density
required for efficient infrastructure, services and economic growth.
SERVICE AND FINANCIAL OUTCOMES
The scheduling of the public hearing and referral to the Planning Advisory
Committee satisfies the legislative and service requirements as mandated by the
Community Planning Service.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
Not Applicable
ATTACHMENTS
IReM12
WA
COUNCIL REPORT
M&C No.
2019-88
Report Date
April 05, 2019
Meeting Date
April 23, 2019
Service Area
Saint John Water
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: Tender 2019-681001T -Phosphate for Corrosion Control
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Commissioner/Dept. HeadCity
Manager
James Margaris
Kendall Mason
Brent McGovern
John Collin
RECOMMENDATION
That Common Council adopt the following resolution:
RESOLVED that the tender for the establishment of a supply agreement for
Phosphate for Corrosion Control for the Loch Lomond Drinking Water Treatment
Facility be awarded to the lowest compliant bidder, Brenntag Canada Inc., for a
one year term.
EXECUTIVE SUMMARY
With the commencement of City's new Loch Lomond Drinking Water Treatment
Facility and the thirty (30) year operation and maintenance agreement with Port
City Water Partners, the City is responsible for the procurement of a corrosion
inhibitor throughout the duration of the operating period as defined in the
agreement.
A public tender call for the supply of Phosphates for corrosion control was issued
on March 14, 2019, and closed on April 2, 2019. Brenntag Canada Inc. had the
lowest compliant bid and Materials Management support the recommendation in
the report.
W
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PREVIOUS RESOLUTION
M&C 2018-105 Common Council RESOLVED that the tender for the establishment
of a supply agreement for Phosphate for Corrosion Control for the new Loch
Lomond Drinking Water Treatment Facility be awarded to the lowest compliant
bidder, Canada Colors and Chemical (Eastern) Ltd, for a one year term.
STRATEGIC ALIGNMENT
This report aligns with Council's Priority for Valued Service Delivery by investing in
sustainable City services and municipal infrastructure while supporting the City's
commitment to providing safe clean drinking water.
REPORT
The purpose of this report is to inform Council of the results of the tender issued
for the procurement of a corrosion inhibitor to be used at the Loch Lomond
Drinking Water Treatment Facility.
Under the Safe Clean Drinking Water Project and the thirty (30) year operation
and maintenance Contract with Port City Water Partners (PCWP), the City, at its
sole discretion, may direct Project Co (PCWP) to make the following chemical feed
changes that impact the distribution system water quality and operation:
1. Secondary chlorine residual
2. Finished water pH
3. Corrosion inhibitor type
4. Corrosion inhibitor and dose.
As per condition 3 above, the City is responsible for the selection and
procurement of a corrosion inhibitor to be used at the water treatment facility.
The treatment of the water with a corrosion inhibitor has been part of the design
of a new Water Treatment plant since inception.
As noted in M&C No. 2018-50 orthophosphates (phosphates) are commonly used
in water treatment for copper corrosion or scale stabilization control. The use of
them is well established in literature and in practice.
0&1
-3 -
SERVICE AND FINANCIAL OUTCOMES
Based on the past seven (7) months of operations and the unit price bid, the the
City will spend approximately $310,400 annually to purchase bulk
orthophosphate.
This is a budgeted expenditure and as such funds are provided in the annual
Utility Operating Budget to fully cover this expense.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
Both the Department of Environment and Local Government (Regulator) and the
Department of Health had previously reviewed and approved the City's plan for
the treatment of the drinking water with a corrosion inhibitor to control corrosion
rates within the City's distribution system.
MATERIALS MANAGEMENT:
A public tender call was issued on March 14th and closed on April 2nd, 2019. Three
companies responded to the tender call by submitting bids. The results are as
follows:
Alpha Chemical Ltd.
Brenntag Canada Inc.
Shannon Chemical Corp.
$8.97/Kg
$7.72/Kg
$9.77/Kg
Brenntag Canada Incorporated has submitted the lowest compliant bid and Staff
of Materials Management have reviewed the tenders and have found them to be
complete and formal in every regard. Staff recommends that the lowest
compliant tenderer "Brenntag Canada Inc." meets all requirements, and
recommend acceptance of their tender.
The above process is in accordance with the City's Procurement Policy and
Materials Management support the recommendation being put forth.
ATTACHMENTS
N/A
OR
COUNCIL REPORT
M&C No.
2018-85
Report Date
April 10, 2019
Meeting Date
April 23, 2019
Service Area
Finance and
Administrative Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: Licence Agreement for BeaverTails Mobile -Unit
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Commissioner/Dept. Head
City Manager
Curtis Langille
KevinFudge/lan Fogan
John Collin
RECOMMENDATION
1. That the City enter into the Licence agreement with BeaverTails
Commercial Inc. and Parent and Sons Investments Ltd. as attached to
M&C# 2019-85 , and further
2. That the Mayor and Common Clerk be authorized to execute the said
Licence Agreement.
EXECUTIVE SUMMARY
BeaverTails is a food vendor franchise that is seeking approval from the City to
operate one of its mobile units for a period of six months on City owned land,
adjacent to the Loyalist Plaza. Real Estate Services has negotiated a 10 per cent
increase in the rent for this season and has also included the expected electric
power costs associated with this unit into the rent fee. The location for this unit
has also changed as a result of the sale of a portion of the former Coast Guard
property to the Province. The remaining terms and conditions are unchanged,
which are set out in the attached Licence document.
PREVIOUS RESOLUTION
Common Council at its meeting of April 9, 2018 approved the operation for a six
month period of the BeaverTails mobile unit on City owned property.
41.1
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STRATEGIC ALIGNMENT
Providing for entrepreneur opportunities in the City's Uptown Core aid in
creating a livable community that is vibrant and diverse, while providing an
integrated approach to economic development.
REPORT
BeaverTails wishes to locate one of its mobile units on City owned property
within the Loyalist Plaza area (see attached map) for a seventh consecutive year.
The attached terms and conditions of the Licence Agreement are essentially the
same as per the previous year; except for a 10 per cent rent increase, electric
power to be included into the rent and a new location as per attached map.
If Council is in agreement, the following recommendation will facilitate
BeaverTails mobile unit to once again be in operation for the season of 2019 on
City owned property.
SERVICE AND FINANCIAL OUTCOMES
The BeaverTails Mobile Unit situated in the Loyalist Plaza area will add to the
vitality and commercial offerings in the City's Uptown area. This licence will
generate revenue of $3,633.00 in rent.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
The City's Legal Department had prepared the template for this Licence
Agreement. Facilities Management has provided input into the preparation of
this report.
ATTACHMENT
Licence Agreement with BeaverTails Commercial Inc.
WA
THIS LICENCE made in duplicate as of the day of w 20'19.
BY AND BETWEEN:
THE CITY OF SAINT JOHN having its City Hall 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
"Licensor",
OF THE FIRST PART
- and -
BEAVERTAILS COMMERCIAL INC., a body
corporate duly Incorporated under the laws of
Canada, having its head office in the City of
Montreal in the Province of Quebec, and PARENT
AND SONS INVESTMENTS LTD., a body
corporate duly incorporated under the laws of the
Province of New Brunswick, having its head office
in the City of Saint John in the County of Saint John
and Province of New Brunswick, hereinafter
collectively called the "Licensees",
OF THE SECOND PART
RECITALS:
WHEREAS the Licensor is the owner of the lands bearing PID number 18614 shown on
Schedule A attached hereto and forming part hereof (hereinafter the "Lands");
AND WHEREAS the Licensees wish to operate a BeaverTails mobile unit in the Lands
highlighted in red on Schedule "A" (hereinafter the "Licensed Area");
AND WHEREAS the Licensor has agreed to give the within Licence under the terms and
conditions hereinafter set forth;
NOW THEREFORE THIS LICENCE WITNESSETH that for and in consideration of the
sum of Two Dollars of lawful money of Canada now paid by the Licensees to the
Licensor, the receipt and sufficiency whereof is hereby acknowledged, the Licensor does
hereby grant, subject to the terms, conditions, covenants and provisions herein
contained, permission and Licence to the Licensees to enter into and upon and exit from
the Lands for the sole purpose of using the Licensed Area to set up and operate a
BeaverTails mobile unit for the term of this Licence, on the following terms and
conditions.
K-11
Licence Agreement
The City of Saint John and Beavertalle Commercial Inc.
Page 2 of 6
IT IS AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:
1. This Licence shall begin April 6, 2019 and end October 20, 2019 (the "Term").
2. The Licensees shall pay to the Licensor for the permission and license herein
given the sum of Five Thousand, Two Hundred and Fifty -Eight Dollars and Fifty Cents
($5,258.50) (Canadian dollars) exclusive of HST payable in six (6) equal installments of
Eight Hundred and Nine Dollars ($809.00) (Canadian dollars) each payable on the 61'
day of each and every month from and including April 2019 to and including September
2018 together with a payment of Four Hundred and Four Dollars and Fifty Cents
($404.50) on October 6th, 2019.
3. The Licensor shall provide electrical power to the Licensees and the cost for
such shall be included in the rent as per item two (2) above;
4. The Licence may be terminated at any time by the Licensor giving to the
Licensees fifteen (15) days written notice to terminate this Licence or by one (1) or both
of the Licensees giving to the Licensor a like notice.
5. Notice to the parties shall be by email, in the case of the Licensor, to
gqmm9ngkdgjLsairCkn, ; in the case of the Licensees, BeaverTails Commercial Inc.,
to nigUl2fteavertails.oDm, and Parent and Sons Investment Ltd., to
iarentandsonsOcimail.com.
6. Notwithstanding anything else herein contained, this Licence may be terminated
forthwith without notice to the Licensees in the event that either one or both of the
Licensees shall, in the opinion of the Licensor, be in default of any of the terms and
conditions of this Licence.
7. No transfer or assignment of this Licence or of any of the rights or privileges
herein granted shall be made, or caused or permitted to be made by the Licensees.
S. The Licensees hereby covenant and agree with the Licensor as follows:
a) that they shall only use the Licensed Area for the location and operation
of the BeaverTails Mobile Unit for the sale of food products;
b) that they shall pay for all connection and operational costs associated
with water and drainage for the BeaverTails Mobile Unit and for the
disconnection of same upon completion of the Term;
c) that the hours of operation will conform to daily retail hours, weather
permitting and will not exceed 1:00 a.m. daily;
d) that only the BeaverTails Mobile Unit is permitted in the Licensed Area
(no passenger/cargo vehicles);
PW
Licence Agreement
The City of Saint John and Beavertails Commercial Inc.
3of6
e) that they shall comply with all applicable Canadian Food Ins
Agency and other applicable regulations and legislation;
f) that they shall not use the Licensed Area for any other purpose than that
which is stated at paragraph a) hereof;
g) that they shall keep the area around the BeaverTails Mobile Unit clean
and tidy at all times and clean up daily in the immediate area surrounding
the BeaverTails Mobile Unit. Clean up shall include the disposal of
any/all debris associated with fast food delivery (pop cans, bottles, coffee,
cups, napkins, plates, utensils and related articles) within a 40 foot
diameter of the BeaverTails Mobile Unit;
h) that they shall, at no expense to the Licensor, obtain and maintain in full
force and effect during the entire term of this Licence, a Commercial
General Liability Insurance policy with policy limits of not less than five
million dollars ($5,000,000.00) inclusive per occurrence for bodily injury
and property damage; which policy shall name the City as an additional
Insured and shall contain a cross -liability clause; and
i) that they shall, on or before April B, 2019, submit to the City a Certificate
of Insurance or other satisfactory evidence of having obtained and
maintained the insurance coverage required at paragraph h) hereof.
IT IS FURTHER MUTUALLY AGREED BY AND BETWEEN THE PARTIES AS
FOLLOWS:
9. No change or modification of this Licence shall be valid unless it is in writing and
signed by the Licensor and the Licensees.
10. This Licence supersedes and takes the place of all prior agreements entered into
by the parties with respect to the Licensed Area.
11. This Licence shall not be enforced or bind any of the parties thereto, until
executed by all the parties named in it.
12. Notwithstanding any clauses herein, the Licensees do hereby indemnify and
save harmless the Licensor from all damages, cost, claims, demands, actions, suits or
other proceedings by whomsoever claimed, made, brought or prosecuted in any manner
and whether in respect of property owned by others or in respect of damage sustained
by others based upon or arising out of or in connection with the use of the Licensed Area
and BeaverTails Mobile Unit pursuant to the within Licence or anything done or
purported to be done in any manner hereunder, except for damages caused by the
City's negligence.
30
Licence Agreement
The City of Saint John and Beavertails Commercial Inc.
Ego 4 of 6
THIS LICENCE shall enure to the benefit of and be binding upon successors and
assigns of the parties hereto respectively.
SIGNED, SEALED & DELIVERED
In the presence of:
THE CITY OF SAINT JOHN
Mayor
Common Clerk
Common Council Resolution:
, 2019
BEAVERTAILS COMMERCIAL INC.
Per:
Prudent
PARENT AND SONS INVESTMENTS LTD.
P
President
31
CANADA
PROVINCE OF QUEBEC
1, Joseph Pino Di Iola, of the City of Montreal, in the Province of Quebec, MAKE OATH
AND SAY as follows:
I. THAT I am the President of BeaverTails Commercial Inc., a body corporate duly
incorporated under the laws of Canada, having its head office in the City of Montreal
aforesaid, one of the parties named in the foregoing instrument and am duly authorized
to make this affidavit.
2. THAT BeaverTails Commercial Inc. does not have a corporate seal.
3. THAT the signature "Joseph Pino Di Iola" subscribed to the said instrument is my
signature, and as President of BeaverTails Commercial Inc., I am duly authorized to
execute the said instrument.
4. THAT the said document was executed as aforesaid at the City of Montreal, in
the Province of Quebec, on the �Il' day of � , 2019.
SWORN TO before me at the City )
of Montreal, in therovince of )
Quebec, the _,. J` day of )
2019 d�/a��e'�d I ass8
216 211)
Commissioner of Oaths &
Province of Quebec c 61
32
PROVINCE OF NEW BRUNSWICK
COUNTY OF SAINT JOHN
i, Brian Parent, of the City of Saint John, in the County of Saint John and
province of New Brunswick, MAKE OATH AND SAY as follows:
1. THAT I am the President of Parent and Sons Investments Ltd., a body corporate
duly incorporated under the laws of the Province of New Brunswick, having its head
office in the City of Saint John aforesaid, one of the parties named in the foregoing
instrument and am duly authorized to make this affidavit.
2. THAT Parent and Sons investments Ltd. does not have a corporate seal.
3. THAT the signature "Brian Parent- subscribed to the said instrument is my
signature, and as President of Parent and Sons Investments Ltd., I am duly authorized
to execute the said instrument.
4. THAT the said document was executed as aforesaid at the City of Saint John, in
the Province of New Brunswick, on the 2 5 day of 2019.
SWORN TO before me at the City
of Saint John, in the PT of
Being a Solicitor
Brian Parent
33
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COUNCIL REPORT
M&C No.
2019-89
Report Date
April 11, 2019
Meeting Date
April 23, 2019
Service Area
Finance and
Administrative Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT. Licence Agreement for Fog Cutter Inc. Mobile Food -Unit
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Commissioner/Dept. HeadCity
Manager
Curtis Langille
Kevin Fudge/lan Fogan
John Collin
RECOMMENDATION
1. That the City enter into the Licence agreement with Fog Cutter Inc. as
attached to M&C 2019 - 89 , and further
2. That the Mayor and Common Clerk be authorized to execute the said
Licence Agreement.
EXECUTIVE SUMMARY
Fog Cutter Inc. is a food vendor franchise that is seeking approval from the City
to operate one of its mobile units for a period of four months on City owned
land, adjacent to the Loyalist Plaza. Real Estate Services has negotiated a 10 per
cent increase in the rent for this season and has also included the expected
electric power costs associated with this unit into the rent fee. The location for
this unit has also changed as a result of the sale of a portion of the former Coast
Guard property to the Province. The remaining terms and conditions are
unchanged, which are set out in the attached Licence document.
PREVIOUS RESOLUTION
Common Council at its meeting of April 9, 2018 approved the operation of the
Fog Cutter mobile unit for a five month period on City property, near the former
Little Red Schoolhouse.
W
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STRATEGIC ALIGNMENT
Providing for entrepreneur opportunities in the City's Uptown Core aid in
creating a livable community that is vibrant and diverse, while providing an
integrated approach to economic development.
REPORT
Fog Cutter Inc. wishes to locate its mobile food vendor unit on City owned
property within the Loyalist Plaza area (see attached map) for a third
consecutive year. The attached terms and conditions of the Licence Agreement
are essentially the same as per the previous year; except for a 10 per cent rent
increase, electric power to be included into the rent and a new location as per
attached map.
If Council is in agreement, the following recommendation will facilitate Fog
Cutter Inc. mobile unit to once again be in operation for the season of 2019 on
City owned property.
SERVICE AND FINANCIAL OUTCOMES
The Fog Cutter Mobile Unit situated in the Loyalist Plaza area will add to the
vitality and commercial offerings in the City's Uptown area. This licence will
generate $2,236.00 in rent.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
The City's Legal Department had prepared the template for this Licence
Agreement. Facilities Management has provided input into the preparation of
this report.
ATTACHMENT
Licence Agreement with Fog Cutter Inc.
01.1
THIS LICENCE made in duplicate as of the . day of 2019.
BY AND BETWEEN:
THE CITY OF SAINT JOHN having its City Hall 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
"Licensor",
OF THE FIRST PART
- and -
FOG CUTTER INC., a body corporate duly
Incorporated under the laws of the Province of New
Brunswick, having its head office in the City of Saint
John in the County of Saint John and Province of
New Brunswick, hereinafter called the "Licensee",
OF THE SECOND PART
RECITALS:
WHEREAS the Licensor is the owner of the lands bearing PID number 18614
shown on Schedule A attached hereto and forming part hereof (hereinafter the
"Lands");
AND WHEREAS the Licensee wishes to operate a mobile unit for the sale of
food products In the Lands outlined in red on Schedule "A" (hereinafter the "Licensed
Area");
AND WHEREAS the Licensor has agreed to give the within Licence under the
terms and conditions hereinafter set forth;
NOW THEREFORE THIS LICENCE WITNESSETH that for and in consideration
of the sum of Two Dollars of lawful money of Canada now paid by the Licensee to the
Licensor, the receipt and sufficiency whereof is hereby acknowledged, the Licensor does
hereby grant, subject to the terms, conditions, covenants and provisions herein
contained, permission and Licence to the Licensee to enter into and upon and exit from
the Lands for the sole purpose of using the Licensed Area to set up and operate a
mobile unit for the sale of food products, hereinafter the "Fog Cutter Mobile Unit", for the
term of this Licence, on the following terms and conditions.
Kul
Licence Agreement
The City of Saint John and Fog Cutter Inc.
Page 2 of 4
IT IS AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:
1. This Licence shall be for a period of four (4) months, beginning on June 1, 2019
and ending on September 30, 2019 (the "Term").
2. The Licensee shall pay to the Licensor for the permission and license herein
given the sum of Three Thousand, Two Hundred and Thirty-six Dollars ($3,236.00)
(Canadian dollars) exclusive of HST payable in four (4) equal installments of eight
Hundred and Nine Dollars ($809.00) (Canadian dollars) each payable on the 1" day of
each and every month from and including June 1, 2019 and including September 1,
2019.
3. The Licensor shall provide electrical power to the Licensee and the cost shall be
Included in the rent as per item two (2) above;
4. The Licence may be terminated at any time by the Licensor giving to the
Licensee fifteen (15) days' written notice to terminate this Licence or by the Licensee
giving to the Licensor a like notice.
5.. Notice to the Licensor shall be by email; in the case of the Licensor, to
and in the case of the Licensee, Fog Cutter Inc. notice
shall be by email to chris@grannangroup.com.
6. Notwithstanding anything else herein contained, this Licence may be terminated
forthwith without notice to the Licensee in the event that the Licensee shall, in the
opinion of the Licensor, be in default of any of the terms and conditions of this Licence
T. No transfer or assignment of this Licence or of any of the rights or privileges
herein granted shall be made, or caused or permitted to be made by the Licensee.
8. The Licensee hereby covenants and agrees with the Licensor as follows:
a) that they shall only use the Licensed Area for the location of the Fog
Cutter Mobile Unit to be used only for the sale of food products and for no
other purpose;
b) that they shall pay for all connection and operational costs associated
with water and drainage for the Fog Cutter Mobile Unit and for the
disconnection of same upon completion of the Term;
c) that the hours of operation will conform to daily retail hours, weather
permitting and will not exceed 2:30 a.m. daily;
d) that only the Fog Cutter Mobile Unit is permitted in the Licensed Area (no
passenger/cargo vehicles);
011
Licence Agreement
The City of Saint .John and Fog Cutter Inc.
Page 3 of 4
e) that they shall comply with all applicable Canadian Food Inspection
Agency and other applicable regulations and legislation;
f) that they shall not use the Licensed Area for any other purpose than that
which is stated at paragraph a) hereof;
g) that they shall keep the area around the Fog Cutter Mobile Unit clean and
tidy at all times and clean up daily in the immediate area surrounding the
Fog Cutter Mobile Unit. Clean up shall include the disposal of any/all
debris associated with fast food delivery (pop cans, bottles, coffee, cups,
napkins, plates, utensils and related articles) within a 40 foot diameter of
the Fog Cutter Mobile Unit;
h) that they shall, at no expense to the Licensor, obtain and maintain in full
force and effect during the entire term of this Licence, a Commercial
General Liability Insurance policy with policy limits of not less than five
million dollars ($5,000,000.00) inclusive per occurrence for bodily injury
and property damage; which policy shall name the City as an additional
Insured and shall contain a cross -liability clause;
I) that they shall, on or before June 1, 2019, submit to the City a Certificate
of Insurance or other satisfactory evidence of having obtained and
maintained the insurance coverage required at paragraph h) hereof;
IT IS FURTHER MUTUALLY AGREED BY AND BETWEEN THE PARTIES AS
FOLLOWS:
9. No change or modification of this Licence shall be valid unless it is in writing and
signed by the Licensor and the Licensee.
10. This Licence supersedes and takes the place of all prior agreements entered into
by the parties with respect to the Licensed Area.
11. This Licence shall not be enforced or bind any of the parties thereto, until
executed by all the parties named in it.
12. Notwithstanding any clauses herein, the Licensee does hereby indemnify and
save harmless the Licensor from all damages, cost, claims, demands, actions, suits or
other proceedings by whomsoever claimed, made, brought or prosecuted in any manner
and whether in respect of property owned by others or in respect of damage sustained
by others based upon or arising out of or in connection with the use of the Licensed Area
and Fog Cutter Mobile Unit pursuant to the within Licence or anything done or purported
to be done in any manner hereunder, except for damages caused by the City's
negligence.
061
Licence Agreement
The City of Saint John and fog Cutter Inc.
Page 4 of 4
THIS LICENCE shall enure to the benefit of and be binding upon successors and
assigns of the parties hereto respectively.
SIGNED, SEALED & DELIVERED ) THE CITY OF SAINT JOHN
In the presence of: j
Mayor
Common Clerk
Common Council Resolution:
.2019
FOG CUTTER INC.
SCHED
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COUNCIL REPORT
M&C No.
2019-86
Report Date
April 15, 2019
Meeting Date
April 23, 2019
Service Area
Finance and
Administrative Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: Building Condition Assessments (BCA) and Energy Audits (EA) on
Municipal and Water Facilities
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Commissioner/Dept. Head
City Manager
Samir Yammine
Kevin Fudge
John Collin
RECOMMENDATION
It is recommended that:
(a) the proposal submitted by Capital Management Engineering Limited, for
the Building Condition Assessment and Energy Audits on 16 Municipal
and Water Facilities, in the amount of $78,415.00 plus HST, be accepted
and that the Mayor and Common Clerk be authorized to execute the
necessary contract documents.
(b) additionally, it is recommended that Common Council authorize staff to
conduct direct negotiations with Capital Management Engineering
Limited to provide a proposal to complete the same assessments for
additional Municipal and Water Buildings.
EXECUTIVE SUMMARY
The purpose of this report is to seek Council's approval to award Building
Condition Assessment and Energy Audits on Municipal and Water Facilities to
Capital Management Engineering Limited and further authorize staff to include
additional necessary Municipal and Water Buildings.
:1
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PREVIOUS RESOLUTION
The following previous resolutions were adopted by Common Council:
1. On March 12, 2018 , Common Council (M&C 2018-68) approved the City
of Saint John updated Asset Management Policy Statement
2. On October 31, 2018, Common Council (M&C 2018-291) enter into the
Grant Agreement with the Federation of Canadian Municipalities under
the Municipalities for Climate Innovation Program (MCIP) for the DEEP
GHG emission reduction and Building Condition Assessment Study for
Municipal buildings and Water Facilities in the amount of $125,000.
REPORT
The purpose of the BCA/EA is part of the City continuous effort to implement a
comprehensive asset management program across the organization to help
achieve the following:
• Improve the asset data inventories for buildings
• Help Council as well as staff make more informed investment decisions
• Develop a 25 year long term capital investment profile on the selected
buildings
• Identify energy and cost saving opportunities using life cycle cost
assessment to reduce energy and maintenance costs as well as GHG
emissions to help achieve Corporate GHG emissions target
The proposed scope of work consists of performing the following main activities
and deliverables on 9 municipal buildings and 7 water facilities (see attached):
• Provide a detailed asset inventories to help manage buildings
infrastructure
• Conduct a detailed condition assessment as per ASTM E2018 Standard
• Conduct a detailed energy audit as per ASHRAE Level 2 standard
• Develop an electronic tool to assist City staff gather field data on
buildings in the future
• Train City staff to collect buildings attributes and conduct condition
assessments
STRATEGIC ALIGNMENT
The proposed project is clearly aligned with the following City Plans, policies,
Council Priorities, programs and practices:
1. Corporate and Community GHG action plan target to reduce GHG
emissions
!193
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2. City of Saint John Asset Management Policy and strategy objectives to
apply risk-based decision and life -cycle costing principles to prioritize
capital investment, define asset renewal and replacement needs,
lengthen planning horizon, identify alternative measures, facilitate the
leveraging of infrastructure funding from external sources, take into
consideration climate change impact, and improve the reliability of
customer service.
3. City of Saint John Asset Management Phase 2 Steam 1 Life Cycle
Management to update asset registry and prioritize capital investment
based on defined and quantify asset risks
SERVICE AND FINANCIAL OUTCOMES
The total cost to perform the BCA/EA on 16 buildings, if awarded to the highest
ranked and lowest bidder, will be $78,415.00 plus HST. Funding for this project is
provided by NB Power Energy Efficiency Program and FCM under the
Municipalities for Climate Innovation Program (MCIP). The total cost of the
project is under the amount of grant ($150,000) from FCM and NB Power. As a
result, the City will be able to further conduct direct negotiations with Capital
Management Engineering Limited to provide a proposal to complete the same
assessments for additional Municipal and Water Buildings.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
Materials Management facilitated the Request for Proposal (RFP) process to
solicit proposals for Building Condition Assessments and Energy Audits on
Municipal and Water Facilities. As such the RFP closed on March 25, 2019 with
the following proponents responding by submitting proposals:
➢ Fundy Engineering Saint John, NB
➢ R.V. Anderson Associates Limited Fredericton, NB
➢ RSEI Consultants Limited Fredericton, NB
➢ Capital Management Engineering Limited Halifax, NB
➢ Pinchin Halifax, NB
➢ EXP Saint John, NB
➢ CBCL Limited Saint John, NB
A review committee, consisting of staff from Materials Management and
Facilities Management reviewed the submissions for completeness and
compliance with the RFP requirements and selection criteria consisting of the
following:
1. Demonstrated Understanding of the Project and Deliverables
2. Experience and Expertise of the Firm
3. Specific Experience and Qualifications of Key Personnel
4. Proposed Approach
5. Cost
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Also in accordance with the City's standard procedures, the committee members
evaluated and ranked each proposal based on the proposals' technical merits.
Following this, the financial proposals were opened and evaluated and
corresponding scores were added to the technical scores.
Capital Management Engineering Limited's proposal was ranked the highest
based on an overall rating of the evaluation criteria as well as offering the lowest
cost.
The above processes are in accordance with the City's Procurement Policy and
Materials Management support the recommendations being put forth.
ATTACHMENTS
List of Buildings
:1R
Table 1: list of Buildings with Cost Breakdown
Building Name
Civic #
Street Name
Area
PID#
Infrastructure Defici
BCA)
EA
Cost
Municipal Buildings
sq.ft
(Y/N)
(Y/N)
BCA
Canada Games Aquatic Centre
50
Union Street
62,874
00039222
$ 2,201,162.85
Y
N
Peter G. Murray Arena
701
Dever Road
28,351
00036590
$ 1,738,037.20
Y
Y
Hilton Belyea Arena
390
Lowell Street
25,373
00394940
$ 2,572,197.09
Y
Y
Charles Gorman Arena
80
University Avenue
25,273
55221097
$ 2,599,805.76
Y
Y
Stewart Hurley Arena
1500
Hickey Road
25,373
00313098
$ 1,912,372.58
Y
Y
Market Square Facilities
1
Market Square
533,000
55011878
$ 36,132,761.75
Y
N
Harbour Station
99
Station Street
168,000
00040048
$ 883,611.14
Y
N
Fire Station #1
47
Leinster Street
10,213
00018622
$ 1,362,543.25
Y
Y
Municipal Operations Complex
175
Rothesay Avenue
25,900
00019232
$ 2,892,645.96
Y
Y
$ 52,295,137.56
Total
Saint Water Facilities
Spruce Lake Pumping Station
2528
Ocean Westway
5,064
00286559
$ 2,322,291.39
Y
Y
Musquash Pumping Station
1107
Route #7
2,802
00419481
$ 4,525,483.11
Y
Y
Eastern Wastewater Treatment Facil
441
Red Head Road
60,000
00337956
$ -
N
Y
Millidgeville Treatment Facility
700
Woodward Avenue
24,000
00051771
$ 2,835,302.32
Y
Y
Lancaster Treatment Facility
1210
Sand Cove Road
1,655
00403733
$ 6,384,705.76
Y
Y
Carpenter Place Lift Station
1608
Saint John Throughway
1,240
55114524
$ 1,026,676.03
Y
Y
Parks Street Pumping Station
1
Mitchell Street
433
00024042
$ 1,243,284.08
Y
Y
$ 18,337,742.69
Total
Grand Total
M.
COUNCIL REPORT
M&C No.
2019-90
Report Date
April 15, 2019
Meeting Date
April 23, 2019
Service Area
Finance and
Administrative Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: COAST GUARD SITE DEMOLITION — PHASE 11
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Commissioner/Dept. HeadCity
Manager
Samir Yammine
Ian Fogan/Kevin Fudge
John Collin
RECOMMENDATION
It is recommended that the tender submitted by Galbraith Construction Ltd, for
the Coast Guard Demolition- Phase II, in the amount of $347,056 plus HST be
accepted. Further to the base tender amount, it is recommended that a
contingency allowance be carried for this project in the amount of $80,000 plus
HST, for a total project cost of $427,056 plus HST. Additionally, it is
recommended that the Mayor and Common Clerk be authorized to execute the
necessary contract documents.
EXECUTIVE SUMMARY
The purpose of this report is to seek Council's approval to award the Coast Guard
Site Demolition Phase II to the lowest compliant bidder. The work consists
generally of the demolition and removal of the 1 -storey former helicopter
hangar and 4 -storey former administration building on the former Coast Guard
site on Water Street in the City of Saint John. The lowest bidder has previously
demolished the former Shops and Buoy Buildings on the Coast Guard site and
had successfully met the City requirements.
PREVIOUS RESOLUTION
The following previous resolutions were adopted by Common Council:
1. On December 17, 2018), Common Council (M&C 2018-360) approved the
following:
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• Recommend to approve the transfer of $500,000 of the projected
2018 General Operating Fund surplus to the General Operating
Reserve Fund to partially fund demolition work in 2019;
• Recommend to allocate $500,000 approved in the 2018 Capital
Budget for Growth to fund demolition work in 2019;
2. On July 9, 2018, Common Council ( M&C 2018-204) Common Council
resolved to award Tender No. 2018-083001T to Galbraith Construction
Ltd. for the demolition of the former Shops and Buoy Buildings on the
Coast Guard site and that the Mayor and Common Clerk be authorized to
execute any document required to effect said demolition
REPORT
On December 17, 2018 Staff has made recommendation to Common Council
that the former helicopter hangar and former administration building on the
former Coast Guard site on Water Street be demolished and fund were allocated
under the general operating reserve and 2018 capital budget to demolish the
two buildings.
The project scope of work consists of the following:
• Demolition and removal of the 1 -storey former helicopter hangar and 4 -
storey former administration building on the former Coast Guard site
• Work with the various stakeholders (i.e. port authority, Province of NB,
Parking Commission, Police, Traffic department, utilities, etc.) to
implement temporary measures to accommodate adjacent property
owners and users of the project site as well as general public
• Remediation to the site at the areas of demolition and removal of
temporary measures.
Work should take approximately 7-8 weeks to be completed. The completion
date is expected to be June 30, 2019.
STRATEGIC ALIGNMENT
The proposed project is well aligned with Council Priorities of Growth &
Prosperity as well as Vibrant City.
SERVICE AND FINANCIAL OUTCOMES
The total cost to perform coast guard site demolition — Phase II, if awarded to
the lowest bidder as recommended, will be $427,056 plus HST. This includes the
$80,000 contingency allowance.
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Funding of this project is provided by the 2018 General Operating Reserve Fund
and 2018 Capital Budget, which were both approved by Common Council on
December 17, 2018 (M&C 2018-360).
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
A public tender call was issued on Tuesday, March 19, 2019 and closed on
Thursday, April 11, 2019. Five (5) companies responded to the tender call by
submitting bids. The results are as follows (excluding HST):
COMPANY NAME
TENDt Pff C`E*
Galbraith Construction Ltd.
$347,056
Dexter Construction Company Ltd.
$837,000
CNF Mallet Ltee
$744,000
Capital Demolition & Environmental Services
$1,146,960
Debly Enterprises Ltd.
$847,000
*Exclusive of HST
Staff of Materials Management and Facilities Management have reviewed the
tenders and have found them to be complete and formal in every regard.
Staff believes that the low tenderer has the necessary resources and expertise to
perform the work, and recommend acceptance of their tender.
The above process is in accordance with the City's Procurement Policy and
Materials Management support the recommendation being put forth.
ATTACHMENTS
NA
COUNCIL REPORT
M&C No.
2019-101
Report Date
April 15, 2019
Meeting Date
April 23, 2019
Service Area
Transportation and
Environment Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT. CanadaHelps Agreement — P.R.O. Kids — City of Saint John
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Commissioner/Dept. HeadCity
Manager
Brad Adams
Michael Hugenholtz/ Tim
O'Reilly
John Collin
RECOMMENDATION
RESOLVED that the Mayor and Common Clerk be authorized to execute the
agreement in the form attached between the City of Saint John and
CanadaHelps.
EXECUTIVE SUMMARY
Over the past six years, the public demand for P.R.O. Kids has almost tripled
from 562 Saint John children in 2013 to 1482 residents in 2018. In order to help
meet this growing demand, Council has increased the P.R.O. Kids operating
budget by 50% over that same period. The amount of annual cash donations to
P.R.O. Kids over that same time frame has also grown from from $164,542 in
2013 to $259,027 in 2018.
In order to increase the opportunity for donations to P.R.O. Kids, simplify the
donation and tax receipting process for City staff, and provide a simpler way to
donate to P.R.O. Kids, staff recommends that the City of Saint John enter into an
agreement with the Canadian registered charity CanadaHelps to process
donations and tax receipts for the benefit of the P.R.O. Kids service area.
PREVIOUS RESOLUTION
N/A
61191
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STRATEGIC ALIGNMENT
This report aligns with the City's Parks & Recreation Strategic Plan - PLAYSJ.
This report aligns with Council's priorities related to:
• Fiscally Responsible
o Innovation and Improvement
■ Advance a culture of continuous improvement to drive
operational efficiencies.
■ Leverage opportunities to generate alternative revenue
09WIDGM
■ Provide secure and compliant processing of all credit card
transactions.
• Valued Service Delivery
o Customer -Focused Services
■ Explore service improvements through innovation,
technology and developing partnerships with other
organizations.
• Vibrant, Safe City
o Invest in arts, culture and recreation experiences that create a
sense of community pride.
REPORT
P.R.O. Kids has been operated by the Parks and Recreation Division of the City of
Saint John since 2002. This award winning service is considered best practice,
and has also been adopted by other municipalities across the country as a solid
municipal financial assistance program for assisting children and youth with
access to sports and recreation programs. The City of Saint John Parks and
Recreation division currently offers a variety of subsidy programs to reduce the
overall costs of recreation for all residents and the P.R.O. Kids financial
assistance program to improve access to recreation for residents most in need.
P.R.O. Kids - $122,371 (2019 Operating Budget)
Fundraising Revenue - $259,027 (2018 — Cash and In -Kind Donations)
This program benefited 1482 Saint John Residents in financial need in 2018.
Almost every large municipality in Canada has some type of municipally -
operated financial assistance program to assist children living in poverty with
access to recreation. For larger municipalities such at the City of Toronto, their
city staff handle the administration of their program; and, the actual funding for
financial assistance is built into the municipality's operating budget. In the case
of Toronto, their annual budget is $10.5 M per year. In the case of a smaller
51
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municipality such as Coquitlam, BC (pop. 125,020) their annual operating budget
for financial assistance is almost $900,000 per year.
As with other municipal financial assistance programs around the country, the
City of Saint John funds the administration of P.R.O. Kids and it is operated by
city staff. However, the model for Saint John also relies upon the generosity of
donors to assist children. Unlike other subsidy programs, the City of Saint John
does not fund P.R.O. Kids' financial assistance fund (Special Purpose Fund). This
fund is instead built upon generous donations from the public to City of Saint
John for the exclusive use of P.R.O. Kids to assist children in -need with access to
the sports, arts, recreation or culture activity of their choice. Staff are supported
in generating revenue for this fund by a dedicated team of volunteers appointed
by Council to the P.R.O. Kids Advisory Committee. This model has proven very
beneficial for the City; for every dollar Council invests in P.R.O. Kids, the
community matches with four additional dollars (direct and in-kind) to support
children.
In 2018, P.R.O. Kids received $197,919 in cash donations. In that same time
frame, P.R.O. Kids also received $61,108 in in-kind donations from sports and
recreation organizations who offer free and discounted spaces in their programs
for P.R.O. Kids, as well parents who committed to contribute a certain portion
towards their own children's costs, depending on their financial capacity.
It is staff's belief that the significant increase in demand is not due to an
increase in poverty. Rather, the increase is primarily due to an improvement in
ease of access in the form of digitizing the application process, operational
enhancements, public awareness campaigns, brand recognition, and greater
availability of donations for families in need. There is further possibility for
increased demand in the coming years, as P.R.O. Kids currently assists only 25%
of eligible families in Saint John.
Presently, the City issues tax receipts for every eligible cash donation to P.R.O.
Kids. This increase in donations has put additional strain on City staff, who must
manually process each tax receipt. Currently, every tax receipt crosses the desk
of 5 different City employees before it is received back by the donor.
In order to simplify this process, increase the opportunity for donations, and
provide a simpler way to donate to P.R.O. Kids, City staff conducted a thorough
review of various types of software and/or organizations who could meet the
demands of the City Saint John at low or no additional cost to tax -payers; Staff
recommends partnering with CanadaHelps to meet these objectives.
CanadaHelps is a registered charity that is national in scope and that works
closely with the Canada Revenue Agency to help facilitate donations to charities
across the country. As of 2016, they have processed over $780,000,000 in
donations for hundreds of Canadian charities as well as municipalities such as
61►
the City of Edmonton, AB, the City of Guelph, ON, the Town of Midland, ON &
the City of Regina, SK.
The process for making a donation through CanadaHelps is fairly
straightforward:
1) P.R.O. Kids sets up a profile page on CanadaHelps website.
2) A donor can make a secure PCI compliant donation on that profile page.
3) Legally the donation is made to CanadaHelps in lieu of P.R.O. Kids.
a. It is very clear on the profile page that while legally the donation
will be to CanadaHelps, the donation will be gifted by
CanadaHelps to P.R.O. Kids.
b. CanadaHelps deducts a small administrative fee directly from the
donation to pay for credit card processing, and operating their
charity. In the case of a credit card donation, the fee is 3.5% per
donation.
4) CanadaHelps issues the donor a digital tax receipt from CanadaHelps, not
from the City of Saint John.
5) The donor receives an automatic customized thank you from the City of
Saint John, and staff will have full access to the donor's details if staff
would like to follow up with a donor.
6) Legally, CanadaHelps then makes a gift to P.R.O. Kids and direct deposits
the donation into the City's bank account, on a weekly cadence.
In the case of a $100 credit card donation to P.R.O. Kids, CanadaHelps would
deduct $3.50 from the donation. They would issue a tax receipt from
CanadaHelps for $100 to the donor. They would then make a gift of $96.50 to
P.R.O. Kids.
As CanadaHelps is a registered charity, they are permitted by the CRA to make
gifts to other charities and municipalities. As a charity, their gifts (i.e. donations)
to the City are not considered a taxable service, and so there is no actual cost to
the City for this opportunity, nor does the City have to remit or claim HST.
Staff from the Finance and Parks and Recreation service areas have the
necessary competencies and capacity to work with this system and process
direct deposits. CanadaHelps is a cloud -based service and will not need to be
maintatined or serviced by the City of Saint John IT department. CanadaHelps
will be responsible for technical support of their system.
Staff recommend that the City of Saint John enter into an agreement with
CanadaHelps for the processing of donations to P.R.O. Kids and that the Mayor
and Common Clerk be authorized to sign all necessary documentation.
6V
-5 -
SERVICE AND FINANCIAL OUTCOMES
There are a significant amount of benefits to the City from entering into this
agreement.
• This process would digitize a significant amount of the process of receiving
donations, and processing tax receipts.
• Staff requirements would be significantly reduced for processing Credit Card
donations.
• This process is secure, and increases opportunities for donors to make
donations to P.R.O. Kids.
• This process will now allow P.R.O Kids to receive recurring monthly donations
from donors if they choose.
• Increased donations will improve the capacity for P.R.O. Kids to assist more
residents in financial need.
• Donors will now be able to donate online.
• Donors will now receive a tax receipt immediately.
• The City will no longer have to pay to mail out hundreds of tax receipts per
year for credit card donations to P.R.O. Kids
• There is little to no risk or cost implications to the City.
• CanadaHelps is a registered charity, and will essentially offer this service free
to the City. Any costs to administer this program are borne by CanadaHelps,
and deducted from actual donations with the consent of the donor.
• In 2018, the City processed over $15,000 in credit card donations to P.R.O.
Kids. The City currently absorbs the cost of credit card transaction fees for
donations to P.R.O. Kids. These costs will now be the responsibility of
CanadaHelps which will be deducted directly from the donation.
• It is assumed that as the opportunity to make donations online is made
available, more donors will make their donations in that format rather than
by cash or cheque. This will also reduce staff time in multiple service areas.
• The City will still retain the ability and continue to manually issue tax receipts
for cheques and in-person donations.
6'i!
-6 -
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
Input was received from the following departments or groups: Finance;
Information Technology; City Solicitor's Office; Material's Management; P.R.O.
Kids Advisory Committee. All were supportive of the proposed agreement.
ATTACHMENTS
CANADAHELPS CANADON CLIENT AGREEMENT
CanadaHelps Banking Information Form
CanadaHelps Terms of Service
CanadaHelps Privacy Policy
CanadaHelps PCI Compliance Certificate
6191
CANADAHELPS CANADON CLIENT AGREEMENT
THIS AGREEMENT is entered into between You ("Client") and CANADAHELPS
CANADON, a registered charity and public foundation governed by the laws of
Canada, having its principal place of business at 355 Adelaide Street West,
Ground Floor, Toronto, Ontario M5V 1S2 ("CanadaHelps").
Background:
A. CanadaHelps is the owner of an Internet portal located at
http://www.canadahelps.org and http://www.canadon.org (the "Site") which,
among other things: (a) provides electronic funds transfer services, event
management services for events (the "Events"), receipting and other services to
facilitate on-line donations to charities; and (b) lists various charities to which Users
may donate.
B. Client wishes to obtain and CanadaHelps wishes to provide the electronic
funds transfer services, event management services for Events, receipting and other
services to facilitate on-line donations.
IN CONSIDERATION of the promises and mutual obligations contained herein
and for other good and valuable consideration, the receipt and sufficiency of which
are mutually acknowledged, Client and CanadaHelps agree as follows:
ARTICLE 1
OBLIGATIONS OF CANADAHELPS
1.1 Services
Subject to the terms and conditions of this Agreement, CanadaHelps will use
commercially reasonable efforts to provide the following services (the "Services"):
(a) accept eligible on-line donations made to Client ("Donations") by users
("Users") through:
(i) the Site (including through Client's main Charity Profile page on the
Site and any campaigns created by Client);
(ii) Donation Links and Donation Forms (as described below) located
on Client's website;
(iii) customizable fundraising pages created and managed by Client
such as peer-to-peer social fundraising pages and Events pages; or
(iv) third party online portals, as available from time to time ("Third
Party Portals");
(b) e-mail Donation receipts to Users for the eligible amount (if any) of the
Donation, as allowed under the Income Tax Act (Canada), as amended, and the
Canada Revenue Agency guidance, using CanadaHelps' charitable business number
896568417RR0001, or where Client is using the Site for Events, CanadaHelps will
collect the Donations from the Events as an agent of Client and all Donation receipts,
LEGAL_1:34112937.5 56
where issued, will be issued in Client's name and will contain Client's charitable
business number;
(c) transfer Donations minus the applicable transaction fees as described in
Section 1.2 (the "Transaction Fees") to the bank account of Client (the "Client
Account") specified in the Banking Information Form, as described in Section 2.4
using electronic funds transfer, as per CanadaHelps' Disbursement Schedule as
defined in Section 1.4; and
(d) provide Client with information about Donations and information about
Donation receipts e-mailed to Users in accordance with CanadaHelps' Privacy Policy,
as may be amended from time to time.
(e) other services provided directly on the Site by CanadaHelps (including
listing the Client in the database of registered charities located on the Site and
posting the Client Profile on the Site).
Notwithstanding anything to the contrary herein, CanadaHelps reserves the
right to introduce new services and update or withdraw any of the Services, in its
sole discretion. Client may choose to not use any of the Services, provided that this
is commercially reasonable and technologically possible for CanadaHelps, and
provided that any such election by Client to not use any of the Services will not
result in any reduction in the Transaction Fees charged in accordance with Section
1.2.
Donation Links are hyperlinks that may be placed on Client's website, such as
the Donate Now Link and Donate Securities Link that allow Users to initiate
donations on the Client's website utilizing the electronic funds transfer services
provided by CanadaHelps, and the Fundraise Now Link that allows Users to initiate
the creation of a fundraising page on the Client's website. Donation Links direct to
Forms on the CanadaHelps website.
Donation Forms are CanadaHelps' forms that are embedded on the Client's
website to allow Users to complete donations on its website using CanadaHelp's
Custom Donate Now services. In these cases CanadaHelps provides code that may be
placed on Client's website to embed the form on its website
1.2 Charges
Client will pay to CanadaHelps the Transaction Fees that CanadaHelps
assesses on a per -Donation basis for those Donations made by cash, cheques, credit
card, PayPal, Interac or consisting of gifts of securities using the Services, as
described more fully in this Section 1.2 and on the Site. There are two categories of
Transaction Fees: The Profile Account Rates and the Full Fundraising Account Rates,
as described more fully on the Site. The Full Fundraising Account Rate will apply to
all Donations to Client unless CanadaHelps determines in its sole discretion that
Client has not met the following conditions, in which case the Profile Account Rates
will apply to all Donations made to Client instead: (i) the Donate Now Link or
Donation Form is placed on Client's website in a prominent position; (ii) the Site
(including the Donate Now Link) and the Services are Client's primary source of and
LEGAL_1:34112937.5 57
tool for collecting online donations; (iii) Client has completed the Banking
Information Form (described below) and provided the necessary information in
order for CanadaHelps to transfer funds electronically, and (iv) Client keeps the
Client Profile (defined below) on the Site updated at all times. The current
Transaction Fees as of the date of this Agreement are posted on the Site and are
subject to change at any time, as described below. If Client believes that it no longer
meets (or will no longer meet) all of the Full Fundraising Account Rate eligibility
criteria set out above, Client will immediately notify CanadaHelps, and the Profile
Account Rate will apply to all Donations made to Client from the date of such
notification.
CanadaHelps reserves the right from time to time to change the Transaction
Fees as well as to introduce new fees and charges, including: (a) in respect of
Donations made by other payment methods; (b) imposed by third parties for any
Donations made through a Third Party Portal; (c) in respect of the Services; or (d) in
respect of new services (for example, ticket sales solutions, Person -to -Person
fundraising, customized donation solution). CanadaHelps will use commercially
reasonable efforts to notify Client of any changes to its Transaction Fees or the
introduction of new fees by email and will post its current Transaction Fees on the
Site. Changes to the Transaction Fees will be published on the Site in advance of the
effective date of the change and will become effective as of the date indicated as the
"effective date" in such posting.
1.3 Provision of Services
CanadaHelps will use commercially reasonable efforts to provide the Services
in a timely manner, but will not be responsible or liable for any failure to do so.
Further, CanadaHelps reserves the right to change, modify or discontinue any or all
of the Services and to suspend the Services for maintenance and testing purposes at
any time and from time to time upon written notice to Client. CanadaHelps will be
under no obligation to provide any Services until it has verified the information
provided by Client in the Banking Information Form (described in section 2.4).
CanadaHelps may also at any time discontinue or suspend the provision of Services
to Client, in whole or in part, if, in CanadaHelps' sole discretion acting reasonably,
such action is necessary to prevent fraud or illegal activity, or to protect the rights,
property or safety of CanadaHelps, its affiliates and its other clients, or their
respective directors, officers, agents, employees, subcontractors and
representatives.
1.4 Donation Funds
All Donations, regardless of method of collection, will be held by CanadaHelps
for the benefit of Client and will be segregated in CanadaHelps' accounting system
from all other Donations collected on behalf of other clients of CanadaHelps.
CanadaHelps will use commercially reasonable efforts, as described in CanadaHelps
[Disbursement Policy] to transfer Donations (less any Transaction Fees as outlined
in Section 1.2) held by CanadaHelps to the Client Account in accordance with the
LEGAL_1:34112937.5 58
then current disbursement schedule as posted on the Site from time to time (the
"Disbursement Schedule").
1.5 Insurance
During the Term of this Agreement, CanadaHelps will maintain Crime & Fraud
insurance in an amount not less than $1,000,000 per occurrence.
ARTICLE 2
OBLIGATIONS OF CLIENT
2.1 Use of Services
Client will use the Services solely for its own benefit or otherwise in
accordance with Client's officially published mandate. Client acknowledges that
should it choose to embed Donation Form(s) on its website rather than use a Donate
Now Link, it is important that such forms be embedded on a secure page (as further
detailed in Section 5 and 6). Where the Site is used for Events and there is an
advantage to the Donor to be deducted from the amount of the Donation, Client will
provide CanadaHelps with the information necessary to issue receipts in accordance
with the provisions of the Income Tax Act (Canada), as amended, and any applicable
Canada Revenue Agency guidance. Client's use of the Site and Services is subject to
the then current Terms of Use Policy and Privacy Policy as posted on the Site from
time to time.
2.2 Compliance with Privacy Laws
Client will at all times comply with all applicable laws and will collect, store,
use and disclose any personal information (as such term is defined in the Personal
Information and Electronic Documents Act (Canada), R.S.C. 2000, c.5) of Users in
accordance with CanadaHelps' Privacy Policy and all applicable laws (including,
without limitation, privacy, data protection and anti -spam laws). Client will use its
best efforts to honour the contact preferences of Users as communicated from time
to time to CanadaHelps. Without limitation to any other rights or remedies available
to CanadaHelps at law or in equity, failure by Client to comply with CanadaHelps'
Privacy Policy, applicable laws or the preferences of Users may result in the
immediate termination of this Agreement by CanadaHelps or the refusal by
CanadaHelps to provide User information to Client.
2.3 Return of Donation
If after a Donation has been transferred by CanadaHelps in full to the Client
Account, such Donation is thereafter rejected or reversed for any or no reason,
including payments made in error, credit card chargebacks, NSF, refund requests,
suspected or actual fraud, in whole or in part, Client will be liable to refund such
rejected Donation amount in full to CanadaHelps and will reimburse CanadaHelps
for any directly related out-of-pocket expenses and reasonable administrative costs
incurred by CanadaHelps related thereto (collectively, the "Refund Amount").
CanadaHelps will debit the Client Account for the full Refund Amount in accordance
with the Banking Information Form.
LEGAL_1:34112937.5 59
2.4 Client Banking Information
For the purposes of Donation transfers and returns referred to in Section 1.1
and Section 2.3 respectively, and other payments required to be made pursuant to
this Agreement, Client authorizes CanadaHelps to make debits and credits solely in
accordance with this Agreement and the Banking Information Form by using an
electronic funds transfer system. Client will provide all necessary banking
information requested in the Banking Information Form found on the Site, to
CanadaHelps, via submission online or via fax, mail or email in order to activate
electronic fund transfers and pre -authorized debits. Client is responsible for
promptly updating CanadaHelps in writing of any change in the account information
in accordance with the terms of this Agreement. The information in the Banking
Information Form will be treated as Confidential Information (as defined below)
under this Agreement. Should Client require its banking information to be updated,
Client will complete the Change of Banking Information Form found on the
CanadaHelps website or return it via fax, mail or email. The Change of Banking
Information Form will supersede the original Banking Information Form and any
subsequent changes to the original banking information upon receipt. Previous
banking information will be destroyed.
2.5 CanadaHelps Donation Links and Donation Forms
Where Client requests to use the Donation Links or Donation Forms on its
website, CanadaHelps may request a printout sample of the placement of such
Donation Link or Donation Form on Client's website for approval by CanadaHelps.
Client will also discontinue use of the Donation Links or Donation forms and remove
such Donation Links or Donation Forms from Client's website immediately if Client
loses its status as a registered charity or upon written notice by CanadaHelps.
2.6 Third Party Services
Client is responsible, at Client's sole expense, for obtaining, licensing and
maintaining all equipment, software and telecommunications or other services
which are necessary in order to receive the Services.
ARTICLE 3
CLIENT PROFILE
3.1 Client Profile
Client will be responsible for providing CanadaHelps with information about
Client (the "Client Profile") for posting on the Site by updating the "Profile" screen
located on the Site.
3.2 Updates to Client Profile
CanadaHelps will provide Client with a unique login and password to access
Client's CanadaHelps account so that Client can update the Client Profile.
3.3 Client Login and Password
LEGAL_1:34112937.5 60
Client is responsible for maintaining the confidentiality of Client's login and
password. Client is responsible for all use of the Services under Client's login and
password whether or not authorized by Client. Client will notify CanadaHelps
immediately of any unauthorized use of Client's login or password.
3.4 Grant of Licence
During the Term of this Agreement, Client hereby grants to CanadaHelps a
non-exclusive, non -transferable, irrevocable, world-wide, royalty -free licence to use,
perform, reproduce, have reproduced, distribute, transmit, display or modify any
content contained in the Client Profile in connection with this Agreement, and to
permit visitors to the Site to access, download and make copies for their own
personal use, any content contained in the Client Profile.
3.5 Restrictions on Client Profile
CanadaHelps reserves the right to remove or modify any content contained in
the Client Profile which CanadaHelps, acting reasonably, considers to be offensive,
harmful to the business or reputation of CanadaHelps or the goodwill associated
therewith, or otherwise objectionable.
3.6 Alteration of Client Profile
In no event will CanadaHelps, its licensors or suppliers be liable for any
unauthorized access to, or alteration, theft or destruction of any content contained
in the Client Profile on the Site, whether caused by accident, fraudulent means or
devices or otherwise.
ARTICLE 4
TRADE -MARKS
4.1 Definition of Marks
For the purposes of this Agreement, "Marks" means domain names, trade-
marks, trade names, brands, business names, designs, graphics, logos and other
commercial symbols and indicia of origin, and any goodwill associated therewith.
4.2 Use of Client Marks
Client is the owner or licensee of the Marks Client identifies in writing to
CanadaHelps as the "Client Marks" and hereby grants to CanadaHelps a non-
exclusive licence to use the Client Marks in connection with this Agreement and the
provision of the Services. CanadaHelps will use the Client Marks in the form
provided and in accordance with any guidelines for the usage thereof provided by
Client to CanadaHelps at any time and from time to time.
4.3 Use of CanadaHelps Marks
CanadaHelps is the owner or licensee of the Marks listed as the "CanadaHelps
Marks" at the end of this Agreement. CanadaHelps may, in its sole discretion, grant
to Client a non-exclusive licence to use some or all of the CanadaHelps Marks on
Client's website or elsewhere in connection with this Agreement. If CanadaHelps
LEGAL_1:34112937.5 61
grants Client such a licence, Client will use the applicable CanadaHelps Marks in the
form provided and in compliance with any guidelines for the usage thereof provided
by CanadaHelps to Client at any time and from time to time.
4.4 Reservation of Rights
Client and CanadaHelps will each retain all right, title and interest in and to
their respective Marks and nothing in this Agreement will convey to either party any
right of ownership in the other party's Marks. Neither party will now or in the future
contest the validity of the other party's Marks. The licensee of the Marks will not
take any action inconsistent with the owner's ownership of the Marks and any
benefits occurring from the use of such Marks will automatically vest in the owner.
ARTICLE 5
REPRESENTATIONS AND WARRANTIES
5.1 Representations and Warranties of Client
Client represents, warrants and covenants that:
(a) Client is a charity registered either as a charitable organization, private
foundation or public foundation or other qualified donee, as those terms are defined
under section 149.1 of the Income Tax Act (Canada), as amended;
(b) Client fully complies and will at all times continue to fully comply with all
applicable laws, statutes and regulations, including, without limitation, the Income
Tax Act (Canada), as amended, all other taxation, privacy laws and anti -spam
legislation;
(c) Client has full power and authority to enter into this Agreement and the
execution and performance of its obligations under this Agreement does not conflict
with:
(i) any laws, rules, regulations or governmental guidelines to which
Client is subject; or
(ii) any other agreements to which Client is a party or to which Client is
otherwise bound;
(d) Client owns or has the authority to grant the rights and licences granted to
CanadaHelps by Client under this Agreement;
(e) any content contained in the Client Profile when used, performed,
reproduced, distributed, transmitted, displayed or modified by CanadaHelps as
permitted under this Agreement does not violate the rights of any third party
including, without limitation, any patents, trade -marks, copyrights (including
performer's rights), trade secrets, trade names and other intellectual property
rights whether registered or not (collectively, the "Intellectual Property Rights");
(f) Client has obtained all necessary waivers of moral rights from authors of
any content contained in the Client Profile to permit the use, performance,
reproduction, transmission, distribution display or modification of such content by
CanadaHelps as permitted under this Agreement and the use of such content by
CanadaHelps in accordance with this Agreement will not require any additional
consents, permissions or approvals from or payments to any third party;
LEGAL_1:34112937.5 62
(g) any content contained in the Client Profile complies with all applicable
laws, statutes and regulations including, without limitation, all slander, defamation,
libel, obscenity and privacy laws;
(h) the use of the Client Marks by CanadaHelps as permitted under the
Agreement does not violate the rights of any third party including, without
limitation, any Intellectual Property Rights;
(i) Client has provided accurate information to CanadaHelps with respect to
the information necessary to provide receipts including the amount of the Donation
and any advantage to the Donor to be deducted from the amount of the Donation in
accordance with the provisions of the Income Tax Act (Canada), as amended, and
any applicable Canada Revenue Agency guidance, where required; and
(j) Client has taken reasonable safeguards to prevent malicious conduct on
its website when using CanadaHelps Site or Services including CanadaHelps
Donation Links and Donation Forms
5.2 Representations and Warranties of CanadaHelps
CanadaHelps represents, warrants and covenants that:
(a) CanadaHelps fully complies and will at all times continue to fully comply
with all applicable laws, statutes and regulations, including, without limitation, the
Income Tax Act (Canada), as amended, all privacy laws and anti -spam legislation;
and
(b) CanadaHelps has full power and authority to enter into this Agreement
and the execution and performance of its obligations under this Agreement does not
conflict with:
(i) any laws, rules, regulations or governmental guidelines to which
CanadaHelps is subject; or
(ii) any other agreements to which CanadaHelps is a party or to which
CanadaHelps is otherwise bound.
ARTICLE 6
WARRANTY DISCLAIMER, INDEMNITY AND LIMITATION OF LIABILITY
6.1 Warranty Disclaimer, Indemnity and Limitation of Liability
In view of CanadaHelps' non-profit, charitable status, and in consideration of
CanadaHelps' agreement to provide the Services to Client, Client acknowledges and
agrees that:
(a) In no event will CanadaHelps, its affiliates, directors, officers, agents,
employees, suppliers, subcontractors or licensors be responsible for losses,
damages or expenses of any kind whatsoever caused to Client, Users or any third
party relating to or arising in any manner under or in connection with this
Agreement or the Services. Without limiting the generality of the foregoing, in no
event will CanadaHelps, its licensors or suppliers be liable for damages for loss of
profits, loss of data or information, business interruption or other pecuniary loss
relating to or arising in any manner under or in connection with this Agreement or
the use of the Services or the Site or the ability or inability to use the Services or the
Site or the ability or inability of the Services or the Site to be used with any software,
LEGAL_1:34112937.5 63
systems or equipment of Client or the failure by CanadaHelps to provide any or all of
the Services in a timely or proper manner or at all. If the exclusion of liability set out
in this Section 6.1(a) is held to be unenforceable or inapplicable for any reason, in
no event will the total cumulative liability of CanadaHelps, its affiliates, directors,
officers, agents, employees, suppliers, subcontractors or licensors in connection
with this Agreement or the Services exceed the total sum of Transaction Fees paid
by Client to CanadaHelps in the six months preceding the date on which the
applicable claim arose.
(b) In no event will CanadaHelps, its affiliates, directors, officers, agents,
employees, suppliers, subcontractors or licensors be liable to Client, Users or any
third party for any special, indirect, incidental, or consequential damages, even if
CanadaHelps, its affiliates, directors, officers, agents, employees, licensors,
subcontractors or suppliers have been advised of the possibility of such damages.
(c) The Services and the Site are provided to Client on an "as is" basis without
representations, warranties or conditions of any kind. As between the parties, Client
assumes responsibility for determining the suitability of the Services or the Site, for
the use of the Services or Site and for the results obtained. If Client is using the Site
for Events, Client is responsible for determining whether any taxes, including Goods
and Services Tax, Harmonized Sales Tax or provincial sales tax applies and Client
will be responsible for remitting all such taxes to the appropriate authorities out of
the funds collected by Client. CanadaHelps disclaims all warranties, conditions and
representations of any kind, whether express, implied or collateral, including, but
not limited to, all conditions, representations or warranties of merchantability, of
fitness for a particular or general purpose, of non -infringement, of compatibility or
that the Services or the Site are secure, or error free or will operate without
interruption or will be provided in a timely or proper manner or at all.
6.2 Scope of Limitation and Disclaimer
The foregoing limitations and disclaimers apply regardless of the causes or
circumstances giving rise to the loss, damage, claim or liability, even if such loss,
damage, claim or liability is based on negligence or any other tort, strict liability,
breach of contract including, without limitation, breach of a fundamental term,
product liability or infringement of any intellectual property right.
6.3 Client Indemnity
Client will indemnify and hold CanadaHelps, its affiliates, directors, officers,
agents, employees, suppliers, subcontractors and licensors harmless from and
against any losses, damages and expenses (including legal fees) ("claims") arising
out of or relating to:
(a) Any claims or demands made by User or any third party due to or arising
out of Client's use of the Services or the Site, unless such claim is directly and solely
caused by the gross negligence or the intentional or wilful misconduct of
CanadaHelps, its affiliates, directors, officers, agents, employees, subcontractors or
licensors;
(b) Client's violation of any of the terms and conditions of this Agreement,
including, without limitation, any of Client's representations and warranties;
LEGAL_1:34112937.5 64
(c) Client's violation of any applicable laws, including, without limitation, the
Income Tax Act (Canada) as amended, all other taxation, privacy laws and anti -spam
legislation; or
(d) The Client Profile or Client Marks, including, without limitation, that the
Client content or Client Marks infringe the intellectual property rights of any third
party or that the content of the Client Profile is libellous, slanderous, defamatory,
obscene or violates any other rights (including privacy rights) of any third party.
ARTICLE 7
TERMS AND TERMINATION
7.1 Term
The term of this Agreement will begin on the Effective Date and will continue
until this Agreement is terminated as provided for herein (the "Term").
7.2 Termination by CanadaHelps
CanadaHelps may terminate this Agreement, with or without cause and
without paying any termination fees, charges or other amounts, at any time
immediately upon written notice to Client.
7.3 Termination by Client
Client may terminate this Agreement at any time by providing notice to
CanadaHelps that Client wishes to deactivate its Client Profile.
7.4 Post -Termination Obligations
Unless otherwise requested in writing by Client, or at the discretion of
CanadaHelps, CanadaHelps may maintain the Client Profile on the Site following the
termination of this Agreement, including for CanadaHelps' audit or other record
retention purposes. Client will immediately cease all use of and access to the Site
following the termination of this Agreement.
ARTICLE 8
CONFIDENTIALITY, OWNERSHIP AND PRIVACY
8.1 Confidential Information
For the purposes of this Agreement, "Confidential Information" means, with
respect to either party, the non-public, confidential, secret or proprietary material
and information of such party that has been or may be, directly or indirectly,
disclosed to, or come into the possession or knowledge of, the other party, whether
in verbal, written, graphic, electronic or other form, in connection with or as a result
of entering into this Agreement.
8.2 Confidentiality
LEGAL_1:34112937.5 65
Each party will maintain the confidentiality of all Confidential Information of
the other party and will not release, disclose, use, make available or copy any such
Confidential Information without the prior written consent of the disclosing party
except as necessary to carry out its obligations under this Agreement. Each party
may disclose the other party's Confidential Information to its employees, agents or
subcontractors on a need -to -know basis only and subject to entering into a non-
disclosure agreement. Each party will not use in any way, for its own account or for
the account of any third party, except as expressly permitted by, or required to
achieve the purposes of this Agreement, or disclose to any third party (except to that
party's legal advisor, accountants or other advisors as reasonably necessary), any of
the other party's Confidential Information, and will take reasonable precautions to
protect the confidentiality of such Confidential Information, at least as stringent as it
takes to protect its own Confidential Information. Excluded from this obligation of
confidentiality is Confidential Information which:
(a) is known to the receiving party prior to receipt from the disclosing party
directly or indirectly from a source other than one having an obligation of
confidentiality to the disclosing party;
(b) becomes known to the receiving party directly or indirectly from a third
party source not having an obligation of confidentiality to the disclosing party;
(c) becomes publicly known or otherwise ceases to be secret, proprietary or
confidential, except through a breach of this Agreement by the receiving party;
(d) is independently developed by the receiving party; or
(e) is required to be disclosed by a government authority or by law, provided
that the receiving party gives the disclosing party reasonable prior written notice
sufficient to permit the disclosing party to contest such disclosure.
8.3 Ownership
Except for the rights expressly granted under the Agreement, as between
CanadaHelps and Client:
(a) CanadaHelps retains all right, title and interest in and to the Site, and the
Services, including, without limitation, all Intellectual Property Rights therein
("CanadaHelps Property"); and
(b) Client retains all right title and interest in and to any information,
materials or other content that Client provides in the Client Profile (but only
provided that Client does not thereby acquire any rights in or to any CanadaHelps
Property), including all Intellectual Property Rights therein.
ARTICLE 9
GENERAL PROVISIONS
9.1 Relationship of the Parties
Nothing contained in this Agreement will be deemed or construed by the
parties hereto or any third party to create the relationship of partnership or joint
venture between the parties, it being understood that the parties will at all times
remain independent parties contracting for Services.
LEGAL_1:34112937.5 66
9.2 Assignment
This Agreement will be binding upon and enure to the benefit of the parties
hereto and their respective successors and permitted assigns. Neither party will
assign or transfer this Agreement or any of its rights under this Agreement, whether
directly or indirectly, without first obtaining the prior written consent of the other
party, such consent not to be unreasonably withheld, except that in the event
CanadaHelps transfers its tax-exempt status as a registered charity to another
corporation, CanadaHelps will be permitted to assign this Agreement to such
transferee corporation without prior written consent to Client.
9.3 Notice
All notices or other communications pursuant to this Agreement will be in
writing and will be delivered personally, sent by registered mail (with postage
prepaid) or transmitted by facsimile or e-mail to the intended recipient at the
address provided in this Agreement or to such other address as either party may
have furnished to the other party in writing in accordance herewith. Any such notice
or communication will be deemed to have been received on the date on which it was
delivered or transmitted by facsimile or other form of recorded communication, or
on the third business day next following the mailing of such notice.
9.4 Governing Law
This Agreement will be governed by the laws of the Province of Ontario and
the laws of Canada applicable therein. Each of Client and CanadaHelps hereby
irrevocably attorn to the jurisdiction of the Ontario courts in respect of any matter
concerning this Agreement.
9.5 Survival
The provisions of Sections 1.2, 2.2, 2.3, 4.4, 5.1, Article 6, 7.4, Articles 8 and 9,
and all other provisions which either expressly or by their nature survive, will
survive termination or expiration of this Agreement.
9.6 Entire Agreement
This Agreement and the documents referred to or incorporated herein by
reference contain the entire agreement between CanadaHelps and Client with
respect to the subject matter thereof and supersede all prior agreements,
negotiations and representations, written or oral, relating to its subject matter.
Except as provided in this Agreement and in the schedules attached hereto and the
documents referred to or incorporated into this Agreement by reference, there are
no conditions, representations, warranties, undertakings or agreements between
the parties whether direct, indirect, collateral, express or implied. CanadaHelps may
update the terms of this Agreement from time to time to reflect changes in its
business practices by posting notice of the change in terms on the Site. Any updated
terms will become effective upon posting on the Site or upon the date designated by
CanadaHelps as the "effective date" (if any).
LEGAL_1:34112937.5 67
9.7 Further Assurances
The parties will co-operate with and assist each other and take such action as
may be reasonably necessary to implement and carry into effect this Agreement to
its full extent, including, without limitation, assisting each other in complying with
applicable law.
9.8 Amendment
This Agreement cannot be modified, varied, amended or supplemented in any
way by Client. CanadaHelps reserves the right to modify, vary, amend or supplement
this Agreement, including changes to Transaction Fees, Disbursement Schedule,
Services or other fees or charges, at any time and from time to time. CanadaHelps
will post the current version of this Agreement on the Site and each such change will
be effective upon posting on the Site or upon the date designated by CanadaHelps as
the "effective date" (if any). Client's continued use of the Services following any such
change constitutes Client's agreement to be bound by and its acceptance of this
Agreement as so modified.
9.9 Subcontractors
CanadaHelps may from time to time, in its sole discretion and without notice
to Client, subcontract the performance of its obligations under this Agreement, in
whole or in part, to a third party. Where CanadaHelps chooses to engage a
subcontractor, such subcontracting will not relieve CanadaHelps of any of its
obligations or liability under this Agreement.
9.10 Severability
If any provision of this Agreement is determined by any court of competent
jurisdiction to be invalid, illegal or unenforceable, that provision will be severed
from this Agreement and the remaining provisions will continue in full force and
effect so long as the economic or legal substance of the transactions contemplated
hereby is not affected in any manner materially adverse to either of the Parties.
9.11 Force Majeure
Neither party will be liable for any loss or damage or for any delay or failure
in performance due to acts beyond the control of such party whether or not such
acts could reasonably be anticipated (including acts of God, legislative, judicial or
regulatory acts of any provincial or the federal government, court or regulatory
authority, acts of any of our subcontractors or any third party providers of goods or
services to us, labour disruptions, blackouts, embargoes), except that non-payment
of amounts due under this Agreement will not be excused by this provision.
9.12 No Waiver
Any waiver by CanadaHelps of any of the provisions of this Agreement will
not constitute a waiver of any other provision hereof (whether similar or not), nor
will any such waiver constitute a continuing waiver of that particular provision,
unless expressly provided by CanadaHelps in writing.
LEGAL_1:34112937.5 68
9.13 Language
The parties hereto confirm that it is their wish that this Agreement, as well as
all other documents relating hereto, including the Banking Information Form and all
notices, have been and will be drawn up in the English language only. A French
version of this Agreement and the Banking Information Form will be made available
upon request by Client, however, the English version of such documents will govern.
/ Les parties aux presentes confirment leur volonte que la presente convention, de
meme que tous les documents qui s'y rattachent, y compris tout formulaire de
renseignements bancaires et tout avis, soient rediges en langue anglaise. Le client
pourra obtenir sur demande la version fran�aise de la presente convention et du
formulaire de renseignements bancaires, mais la version anglaise de ces documents
prevaudra sur la version fran�aise.
CANADAHELPS MARKS
"CanadaHelps"
"GIVING MADE SIMPLE"
"THE FUTURE OF PHILANTHROPY"
"LE DON EN TOUTE SIMPLICITE"
BANKING INFORMATION FORM
Client is required to return the Banking Information Form to CanadaHelps
within ten (10) business days of this date in order to finalize the terms of
Agreement.
LEGAL_1:34112937.5 69
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Terms of Use � CanadaHelps - Donate to any charity in Canada
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TERMS OF USE
(Last updated: February 7, 2014)
Page 1 of 7
CanadaHelps makes available to you this website located at www.CanadaHelps.org (the
"Website') subject to your acceptance of and compliance with these website terms of use
(the "Terms of Use"). BY ACCESSING, BROWSING, AND/OR USING THIS WEBSITE YOU
ARE ACKNOWLEDGING THAT YOU HAVE READ AND UNDERSTOOD TH ESE TERMS OF
USE AND OUR PRIVACY POLICY (https://www.canadaheIps.org/en/privacy-policy/) AND
THAT YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. IF YOU CANNOT
OR DO NOT AGREE WITH THESE TERMS OF USE OR OUR PRIVACY TERMS OF USE
THEN DO NOT ACCESS OR USE THIS WEBSITE.
CanadaHelps reserves the right, in its sole discretion, to update, revise, supplement, and
modify these Terms of Use as well as to impose new or additional terms and conditions to
these Terms of Use at any time. We will notify you of any changes to these Terms of Use by
posting any revised draft on our Website. Your continued access or use of the Website after
such modifications have been posted shall indicate your acceptance of and agreement to be
bound by these Terms of Use as modified. It is your responsibility to review regularly these
Terms of Use.
CanadaHelps does not intentionally market its services to minors. If you are under 18, you
will need to obtain your parent or guardian's permission before you send any personal
information to CanadaHelps over the Internet. Parent or guardian participation,
understanding of their children's online usage, and awareness of the activities in which they
are participating, are strongly encouraged.
1. YOUR DONATIONS
CanadaHelps' Website offers a user-friendly way for individuals to donate or fundraise for
their favourite Canadian charities. All donations made through our tools and services
(whether through our Website, our tools and services for registered Canadian charities, or
our services provided to our partners) are made directly to CanadaHelps (who issues donors
their tax receipts).
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Terms of Use I CanadaHelps - Donate to any charity in Canada
Page 2 of 7
CanadaHelps transfers the donated amount (minus its non-commercial service fee described
below) to the registered charity selected by the donor (unless, of course, your donation is
intended by you to be to CanadaHelps alone, in which case your donation in support of our
activities is gratefully received and retained by CanadaHelps in its entirety).
CanadaHelps is a not-for-profit registered Canadian charity. To support our service offerings
and in consideration for the many services that we offer to the charities listed on this
Website, such charities pay to CanadaHelps non-commercial service fees, which are
assessed on a per donation basis according to the type of donation and rates published on
the Website at: https://www.canadaheIps.org/en/for-charities/pricing/
(https://www.canadahelps.org/en/for-charities/pricing/). A copy of our Donation
Disbursement Policy may be found here (https://www.canadahelps.org/en/donation
delivery -and -refund -policy/).
2. CONDITIONS OF USE
Except as may be expressly authorized by CanadaHelps, any reproduction, modification or
distribution of the Website materials or content, in whole or in part, is strictly prohibited.
Notwithstanding the foregoing CanadaHelps hereby grants to you a limited, non-
transferrable license to view, download, and retain copies of this Website and materials
published by CanadaHelps on this Website for your personal, non-commercial use only,
provided you do not remove or alter any copyright or other proprietary notices. You also
agree that you will not use any part of this Website in such a way that suggests any type of
relationship between CanadaHelps and you or any entity related to you, unless you have
received prior consent from CanadaHelps.
For registered charities that use the tools and services that are made available through this
Website, you understand that your use of such tools and services is governed by the
CanadaHelps Client Services Agreement (https://www.canadahelps.org/en/canadahelps-
client-agreement/). Except to the extent permitted by copyright law, no copying or use of the
material from this Website is permitted except in accordance with these Terms of Use, the
CanadaHelps Client Services Agreement or the express permission of CanadaHelps.
CanadaHelps reserves the right to modify, change, discontinue or suspend the Website (and
any services offered through the Website) in whole or in part, at any time, without prior
notice to you. CanadaHelps or any of its respective employees, agents, officers, directors or
third party service providers (collectively, "CanadaHelps and CanadaHelps Service
Providers") shall not be liable to you or any third party should CanadaHelps exercise this
right.
72
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Terms of Use I CanadaHelps - Donate to any charity in Canada
Page 3 of 7
You represent and warrant that any information or materials you provide to CanadaHelps or
post on its Website is accurate, truthful, not misleading, not confidential property of third
parties, does not violate third party rights, and is offered in good faith. This includes, but is
not limited to, information provided as part of any registration, to gain access to, or for use of
any service offered on the Website. In addition you agree not to use the Website in
connection with any of the following activities: a) sending and relaying spam, impersonating
another person or entity, falsely misrepresenting your identity or your affiliations; b) for
illegal or fraudulent purposes; c) for transmitting or distributing any objectionable material
that is illegal, harassing, defamatory, tortuous, sexually explicit, obscene, hateful, or racist; or
d) for transmitting material that contain computer programs including but not limited to
viruses, Trojan horses, worms, time bombs, and cancel bots, which are designed to disrupt,
destroy, harm, or damage the operation of the Website or computer. CanadaHelps reserves
the right at any time, in its discretion, to remove any content or material provided or posted
by you including, but not limited to, materials CanadaHelps deems to be in violation of these
Terms of Use or the CanadaHelps Client Services Agreement.
3. MONITORING INFORMATION
CanadaHelps makes reasonable efforts to ensure that the information provided through the
Website is current and accurate. CanadaHelps makes no representations or warranties as to
the accuracy, reliability, completeness or timeliness of such information.
4. OWNERSHIP OF INTELLECTUAL PROPERTY
CanadaHelps and its licensors own all rights, title and interest in the Website and you
acquire no interest therein. The materials provided on the Website including, without
limitation, all content, site design, text, graphics and the selection and arrangement thereof
are protected by copyright. All rights are reserved. Any unauthorized use or any
reproduction, modification or distribution of the materials is strictly prohibited. Nothing in
these Terms of Use shall grant you any rights in or to the intellectual property or proprietary
rights of CanadaHelps or any third party. By providing or posting this material onto
CanadaHelps' website you hereby grant to CanadaHelps a nonexclusive, royalty free,
perpetual, and irrevocable license which allows CanadaHelps the right to use, edit, modify,
adapt, reproduce, publish, distribute and display such material. You also hereby waive all
moral rights you may have in such material. You represent and warrant that you own all
rights to the material you post on our Website and therefore have the authority to grant
such a license. Nothing on the Website shall be construed as granting, either expressly, by
implication, by estoppel or otherwise, a licence or other right to you to use any trade -marks
73
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Terms of Use I CanadaHelps - Donate to any charity in Canada
Page 4 of 7
or trade -names of CanadaHelps. The names of other companies, products or services
referred to on the Website may be trade -marks or trade -names of their respective owners.
Any unauthorized use of the trade -marks or trade -names of CanadaHelps or of third parties
is strictly prohibited.
5. LINKS
Certain links on this Website lead to other websites ("Linked Sites'"), which are owned and
operated by independent parties over whom CanadaHelps has no control. Use of any Linked
Site is entirely at your own risk. CanadaHelps makes no representations or warranties as to
the accuracy or any other aspect of the information contained on the Linked Sites, including
the goods or services sold or made available. CanadaHelps therefore disclaims all liability
and responsibility for the availability of information, content, accuracy, products, or services
found on Linked Sites. The existence of a link from the Website to any third party site does
not constitute an endorsement by CanadaHelps of the Linked Site or any goods, services or
information provided through such Linked Sites.
While CanadaHelps encourages links to the Website, we do not wish to be linked to or from
any third -party web site which may be damaging or detrimental to the activities, operations,
credibility or integrity of CanadaHelps. CanadaHelps reserves the right to prohibit or refuse
to accept any link to the Web site which contains or makes available any content or
information that includes, without limitation, unlawful, threatening, abusive, racist, libellous,
defamatory, obscene, vulgar, violent, pornographic, profane or indecent information of any
kind. You agree to remove any link you may have to the Website upon the request of
CanadaHelps.
You may not use the Website in any manner which could damage, disable, overburden, or
impair the Website or interfere with any other party's use or enjoyment of the Website.
6. COMPLIANCE WITH LAWS
In addition to complying with these Terms of Use, you agree to use the Website and services
available on or through the Website for lawful purposes only and in a manner consistent with
local, national or international laws and regulations.
7. DISCLAIMERS, LIMITATIONS OF LIABILITYAND
INDEMNIFICATION
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YOU UNDERSTAND AND AGREE THAT: USE OF THE WEBSITE IS AT YOUR SOLE RISK.
THE WEBSITE IS PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS. CANADAHELPS
DOES NOT PROVIDE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO WARRANTIES REGARDING MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. CANADAHELPS DOES NOT WARRANTTHAT USE OF THE
WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO WE MAKE ANY
WARRANTY AS TO THE RESULTS THAT MAYBE OBTAINED FROM THE USE OF THE
WEBSITE OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY
INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE. THE DOWNLOADING OF
MATERIAL FROM THE WEBSITE IS DONE AT YOUR OWN RISK. CANADAHELPS DOES
NOT GUARANTEE OR WARRANT THAT SUCH MATERIALS ARE FREE OF VIRUSES,
WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE
FOR IMPLEMENTING SAFEGUARDS TO PROTECT YOUR COMPUTER SYSTEM AND
DATA AND YOU ARE RESPONSIBLE FOR THE ENTIRE COST OF ANY SERVICE, REPAIRS
OR CORRECTIONS NECESSARY AS A RESULT OF THE USE OF THE WEBSITE. YOU
SHOULD NOT RELY ON ANY OPINION OR OTHER INFORMATION SET OUT IN THE
WEBSITE WHEN MAKING BUSINESS, FINANCIAL, PERSONAL OR OTHER DECISIONS.
CANADAHELPS AND CANADAHELPS SERVICE PROVIDERS DO NOT ENDORSE THE
OPINIONS OF ANY THIRD PARTY EXPRESSED ON THE WEBSITE OR ANY SITE
ACCESSIBLE THROUGH THE WEBSITE.
Limitations of Liability. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL
CANADAHELPS ITS SERVICE PROVIDERS, SUBSIDIARIES, AFFILIATES, OFFICERS,
DIRECTORS, EMPLOYEES, ATTORNEYS, AND AGENTS BE LIABLE FOR ANY: (i) INDIRECT,
CONSEQUENTIAL, INCIDENTAL, SPECIAL, COMPENSATORY OR PUNITIVE DAMAGES;
(ii) DAMAGES FOR LOSS OF INCOME, LOSS OF BUSINESS PROFITS, BUSINESS
INTERRUPTION, LOSS OF DATA OR BUSINESS INFORMATION, LOSS OF OR DAMAGE
TO PROPERTY; (iii) CLAIMS OF THIRD PARTIES; OR (iv) OTHER PECUNIARY LOSS,
ARISING OUT OF OR RELATED TO THIS POLICY, THE WEBSITE OR ANY LINKED SITE. IN
NO EVENTWILL THE CUMULATIVE LIABILITY OF CANADAHELPS, ITS SERVICE
PROVIDERS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES,
ATTORNEYS, AND AGENTS ARISING OUT OF OR RELATED TO THIS POLICY EXCEED
CDN $100. TO THE EXTENT THAT SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS
OR LIMITATIONS ON SOME CATEGORIES OF DAMAGES, THESE EXCLUSIONS OR
LIMITATIONS MAY NOT APPLY TO YOU.
01
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Scope of Limitations and Disclaimers. THE DISCLAIMER OF WARRANTIES AND
LIMITATIONS OF LIABILITY SET OUT IN THESE TERMS OF USE SHALL APPLY
REGARDLESS OF THE CAUSES, CIRCUMSTANCES OR FORM OF ACTION GIVING RISE
TO THE LOSS, DAMAGE, CLAIM OR LIABILITY, EVEN IF SUCH LOSS, DAMAGE, CLAIM OR
LIABILITY IS BASED UPON BREACH OF CONTRACT (INCLUDING, WITHOUT
LIMITATION, A CLAIM OF FUNDAMENTAL BREACH OR BREACH OFA FUNDAMENTAL
TERM), TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), STRICT LIABILITY
OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND EVEN IF CANADAHELPS, ITS
SERVICE PROVIDERS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES,
ATTORNEYS, AND AGENTS ARE ADVISED OF THE POSSIBILITY OF THE LOSS, DAMAGE,
CLAIM OR LIABILITY.
Indemnity. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS CANADAHELPS AND ITS
SERVICE PROVIDERS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES,
ATTORNEYS, AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES,
DAMAGES, DEMANDS, LOSSES OR EXPENSES (INCLUDING ALL LEGAL FEES) BROUGHT
BY YOU OR ANY THIRD PARTY ARISING OUT OF YOUR USE OF THIS SITE IN BREACH
OF THIS OR ANY OF CANADAHELPS POLICIES OR THE INFRINGEMENT BY YOU OF
ANY INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON OR ENTITY.
8. SEVERABILITY
If in any jurisdiction any part of these Terms of Use is held, by a court of competent
jurisdiction, to be invalid or unenforceable, such part of these Terms of Use shall be
restricted or eliminated to the minimum extent necessary with respect to that jurisdiction,
and the remaining Terms of Use shall otherwise remain in full force and effect. If such invalid
or unenforceable provision may be modified to become valid and enforceable, such provision
will be deemed to be modified so as to be valid and enforceable to the greatest extent
allowed by law.
9. GENERAL
These Terms of Use, together with the CanadaHelps Client Services Agreement
(https://www.canadahelps.org/en/canadahelps-client-agreement/), the CanadaHelps
Privacy Policy (https://www.canadahelps.org/en/privacy-policy/) and all other notices,
policies and disclaimers contained on the Website (as the same may be amended by
CanadaHelps from time to time) constitute the entire agreement between CanadaHelps and
you in relation to the subject thereof. These Terms of Use, together with the CanadaHelps
01.1
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Terms of Use I CanadaHelps - Donate to any charity in Canada Page 7 of 7
Client Services Agreement and the CanadaHelps Privacy Policy
(https://www.canadahelps.org/en/privacy-policy/) supersede anything in the Website
inconsistent with them. No delay or failure to exercise any right or any non-compliance by
you, the user, with respect to the terms of these Terms of Use shall be construed as a waiver
by CanadaHelps. No waiver of any of these Terms of Use shall be deemed a further or
continuing waiver of such term or condition or any other term or condition.
10. JURISDICTION
The laws of the Province of Ontario and any applicable federal laws of Canada shall govern
your use of the Website. The courts of the Province of Ontario shall have exclusive
jurisdiction over any dispute arising out of your use of this Website.
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CANADAHELPS PRIVACY POLICY
(Last updated: July 31, 2018)
CanadaHelps respects your privacy and is committed to protecting your personal
information. This privacy policy will inform you as to how we look after your personal
information when you visit our website at Canadahelps.org (the "Website"), regardless of
where you visit it from, and tell you about your privacy rights and how the law protects you.
By submitting personal information to CanadaHelps or its service providers and agents
(collectively referred to as CanadaHelps, "we", "us" or "our" in this Privacy Policy), you agree
that we may collect, use and disclose such personal information in accordance with this
Privacy Policy and as permitted or required by law. Subject to legal and contractual
requirements, you may refuse or withdraw your consent to certain of the identified purposes
at any time by contacting our privacy manager. If you refuse or withdraw your consent, we
may not be able to provide you or continue to provide you with certain services or
information which may be of value to you.
This Privacy Policy is provided in a layered format so you can click through to the specific
areas set out below.
1. WHO WE ARE
2. WHAT PERSONAL INFORMATION DO WE COLLECT ABOUT YOU?
3. HOW IS YOUR PERSONAL INFORMATION COLLECTED?
4. WHY DO WE COLLECT AND USE YOUR PERSONAL INFORMATION
5. TO WHOM DO WE DISCLOSE YOUR PERSONAL INFORMATION
6. INTERNATIONAL TRANSFERS
7. HOW DO WE PROTECT THE CONFIDENTIALITY AND SECURITY OF YOUR
PERSONAL INFORMATION
8. HOW LONG WILL WE RETAIN YOUR PERSONAL INFORMATION?
9. YOUR LEGAL RIGHTS
10. CONTACTING US
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1. WHO WE ARE AND WHAT WE DO
CanadaHelps is a registered Canadian charity. We also provide a variety of services to
facilitate the fundraising efforts of other registered charities in Canada.
CanadaHelps collects and processes personal information through the following areas of
operations:
• Our website for donors offers a user-friendly way for individuals to donate or fundraise
for their favourite Canadian charities. CanadaHelps collects and processes the donor's
personal information submitted through the Website. At the donor's express request,
CanadaHelps may also disclose personal information about its individual donors to the
charities they support.
• Our tools and services for registered Canadian charities are made available to charity
representatives to use to collect donations and launch fundraising events online for the
benefit of the charity they represent.
• Our services for partners are designed to promote and enable giving to registered
Canadian charities. For example, some of our services enable corporate, employee or
public giving programs.
All donations made through our tools and services (whether through our website for donors,
our tools and services for registered Canadian charities, or our services provided to our
partners) are made directly to CanadaHelps (who issues donors their tax receipts).
CanadaHelps transfers the donated amount (minus its non-commercial service fee) to the
registered charity selected by the donor (unless, of course, your donation is intended by you
to be to CanadaHelps alone, in which case your donation in support of our activities is
gratefully received and retained by CanadaHelps in its entirety).
The registered charities that use CanadaHelps' tools may require you to provide personal
information directly to them in addition to the personal information that you provide to
CanadaHelps. Charities using our tools and services for charities, and partners using our
services, are required to agree to this Privacy Policy in its entirety. In addition, we have terms
in place with each of our partners to ensure transparency to individuals using their services
in regards to the role of CanadaHelps and any associated fees. When you submit your
personal information to other charities, you should be sure to read their privacy policies.
2. WHAT PERSONAL INFORMATION DO WE
COLLECT ABOUT YOU?
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Personal information means any information about an individual from which that person can
be identified. It does not include personal information where all references to the identity of
the relevant individual have been removed (anonymous personal information).
We may collect, use, store and transfer different kinds of personal information about you
which we have grouped together as follows:
• Identity Personal information includes:
username or similar identifier,
- first name, last name, title, company you work for, and in the case of individuals
representing charities using our service, your job title, role and/or level of experience.
• Contact Personal information includes address, email address and telephone numbers.
• Financial Personal information includes bank account, credit card details and securities
related information in the event you donate securities or mutual funds to CanadaHelps
(including your mutual fund or security name, number of units, investment firm, account
number, financial advisor name, email, phone number.)
• Transaction Personal information includes details about payments to you (refunds) and
from you (donations) and purchase of products (including a Charity gift card).
• Technical Personal information includes internet protocol (iP) address, your login
personal information, browser type and version, time zone setting and location, browser
plug-in types and versions, operating system and platform, and other technology on the
devices you use to access this website.
• Profile Personal information includes your username and password, donations made by
you, your interests, preferences, surveys, and feedback.
• Usage Personal information includes information about how you use our website and our
Services.
• Marketing and Communications Personal information includes your preferences in
receiving marketing from us and our third parties and your communication preferences.
We also collect, use and share Aggregated Personal information such as statistical or
demographic information for any purpose. Aggregated Personal information could be
derived from your personal information but is not considered personal information in law as
this information will not directly or indirectly reveal your identity. For example, we may
aggregate your Usage Personal information to calculate the percentage of users accessing a
specific website feature. However, if we combine or connect Aggregated Personal
information with your personal information so that it can directly or indirectly identify you,
we treat the combined information as personal information which will be used in accordance
with this Privacy Policy.
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We do not collect any Special Categories of Personal information about you (this includes
details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual
orientation, political opinions, trade union membership, information about your health, and
genetic and biometric information). Nor do we collect any information about criminal
convictions and offences.
If you provide CanadaHelps with personal information of another individual, you represent
that you have obtained all necessary consents from such person to enable us to collect, use
and disclose such personal information for the purposes set forth in this Privacy Policy.
This website is not intended for children under the age of 18 and we do not knowingly collect
personal information relating to children.
3. HOW IS YOUR PERSONAL INFORMATION
COLLECTED?
We use different methods to collect personal information from and about you including
through:
a. Direct interactions. You may give us your Identity, Contact, Transaction and Financial
Personal information by filling informs or by corresponding with us by post, phone,
email or otherwise. This includes personal information you provide when you:
i. Sign-up for an account and update your account;
ii. Make a donation (including one-time gifts, recurring gifts, gifts of securities, and
donations made to purchase a charity gift card) and receive a tax receipt, if
applicable;
iii. Subscribe to our educational services or publications or to contact us or
provide feedback;
iv. Request marketing to be sent to you; or
v. Give us feedback or contact us.
b. Automated technologies or interactions. As you interact with our website, we will
automatically collect Technical Personal information about your equipment, browsing
actions and patterns. We collect this personal information by using cookies, pixels,
server logs and other similar technologies. We may also receive Technical Personal
information about you if you visit other websites employing our cookies.
c. Third parties or publicly available sources. We will receive personal information
about you from various third parties as set out below:
L Technical Personal information from:
A. analytics providers such as Google Analytics;
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B. digital marketing service platforms such as MailChimp, Sprout Social and
Hootsuite;
C. advertising networks such as Google Adwords, DoubleClick, Facebook
and Twitter. We use unique tracking codes in our emails and pixels on
our website to allow us to share your technical information with such
providers to track use of our site (including the performance of our ads)
and to retarget ads.
ii. Contact, Financial and Transaction Personal information from providers of
technical, payment processing and delivery services. Securities or mutual fund
donations are processed by our broker.
4. WHY DO WE COLLECT AND USE YOUR PERSONAL
INFORMATION?
We will only use your personal information when the law allows us to. Most commonly, we
will use your personal information in the following circumstances:
• Where you consent to such collection and use, such as by consenting to this Privacy
Policy.
• Where needed to perform the service you are requesting.
• Where we need to comply with a legal obligation.
Note that we may process your Personal information for more than one lawful basis
depending on the specific purpose for which we are using your personal information. Please
contact us if you need details about the specific legal ground we are relying onto process
your Personal information where more than one ground has been set out in the table below.
We have set out below, in a table format, a description of all the ways we plan to use your
personal information, and which of the legal bases we rely on to do so. We have also
identified what our legitimate interests are where appropriate.
Table: Purposes for which we will use your personal information
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Lawful basis for
Who do we share you
Type of personal
processing including
personal information
Purpose/Activity
information
basis of legitimate
with for these
interest
purposes
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To make a
(a) Identity
(a) Performance of
(a) We share your
donation, including
a contract with you
Financial personal
(b) Contact
one-time and
(e.g. facilitating
information only
monthly monetary
(c) Financial
your donation
with our third party
donations, and
according to your
payment processor
(d) Transaction
donations of
directive).
or broker,
securities and
depending upon
(b) Necessary for
mutual funds and
the type of
our legitimate
receive a charitable
donation.
interests (to
tax receipt, if
recover sums due
(b) We share this
applicable.
to us).
information, except
Financial personal
information, with
the Charities you
have selected to
benefit from your
donation unless
you were provided
the option to
remain anonymous
to the charity and
you selected that
option when
making the
donation.
(c) If you make a
donation through a
page created by a
Team or Individual
to fundraise for
charity, we share
your name and
email with page
owner so they can
thank you for your
contribution; we
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Page 7 of 16
only share your
name, donation
amount and/or
message to the
fundraiser publicly
on the page if you
provide us explicit
consent to do so.
(d) If your donation
is a Charity Gift
Card or if you
chose to send an
eCard to announce
a donation made in
memory or honour
of someone, we
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share your name
and email with the
recipient so they
can thank you for
the gift.
7o sign-up for an
(a) Identity
(a) Performance of
(a) We do not share
account and
a contract with
your personal
(b) Contact
update your
you.
information for this
account.
purpose unless you
provide your
Financial personal
information, in
which case we only
share this
information with
our third party
payment
processor.
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To enable
(a) Identity
(a) Performance of
(a) We share your
automatic or fast
a contract with
Financial personal
(b) Contact
donation
you.
information with
processing for
(c) Financial
our third party
@)Necessary for
future one-time
payment
(d) Transaction
our legitimate
and/or or recurring
processor.
interests (to
donations.
recover sums due
(b) We share this
to us),
information, except
Financial personal
information, with
the Charities you
have selected to
benefit from your
donation.
To subscribe to our
(a) Identity
(a) Performance of
(a) We do not share
educational
a contract with
your personal
(b) Contact
services or
you.
information for this
publications; to
(c) Profile
purpose.
(b) Necessary for
contact us or
our legitimate
provide us
interests (for
feedback; to
marketing
participate in a
purposes).
survey.
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To improve the
performance of our
marketing
programs, and to
deliver relevant
content and
advertisements to
serve you better
and grow
charitable giving in
Canada.
(a) Identity
(b) Contact
(c) Profile
(d) Usage
(e) Marketing and
Communications
(f) Technical
(a) Where your
personal
information is
completely
anonymised, we do
not require a legal
basis to use it as
the information will
no longer
constitute personal
information that is
regulated under
privacy protection
laws.
(b) Necessary for
our legitimate
interests (to ensure
that we provide the
very best Services
to you and our
Clients) where
your personal
information is not
in an anonymous
form.
E:11.1
Page 9 of 16
We share your
personal
information with a
variety of third
party analytics and
digital marketing
service providers
to assist us with
these activities
such as Google
Analytics,
SproutSocial,
Google Adwords,
MailChimp, and
Facebook.
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To administer and
(a) Identity
(a) Necessary for
(a) We do not share
protect our
our legitimate
your personal
(b) Contact
business and this
interests (for
information for this
website (including
(c) Technical
running our
purpose.
troubleshooting,
business, provision
data analysis,
of administration
testing, system
and IT services,
maintenance,
network security,
support, reporting
to prevent fraud
and hosting of
and in the context
data).
of a business
reorganisation or
group
restructuring
exercise).
(b) Necessary to
comply with a legal
obligation.
a. Marketing
We strive to provide you with choices regarding certain personal information uses,
particularly around marketing and advertising.
We may use your Identity, Contact, Technical, Usage and Profile Personal information
to form a view on what we think you maywant or need, or what may be of interest to
you. This is how we decide which Services may be relevant for you.
Where Canada';Antispam Legislation (CASE) applies to CanadaHelps'
communications with users, donors or volunteers, CanadaHelps is committed to
complying with CASL and, in particular, the provisions setting out the requirements
for sending commercial electronic messages.
You will receive marketing communications from us if you have requested information
from us or made a donation to us and you have not opted out of receiving that
marketing.
We will get your express opt -in consent before we share your personal information
with any third party for marketing purposes.
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You can ask us to stop sending you marketing messages at any time by following the
opt -out links on any marketing message sent to you or by contacting us at any time. If
you are receiving marketing messages from another charity to which you made a
donation through our Website and you no longer wish to receive such messages, then
you should contact that charity to make this request.
Where you opt out of receiving these marketing messages, we may continue to use
your personal information in order to provide you with the services you have
requested from us.
Where our use of your personal information requires your consent, you can provide
such consent:
at the time we collect your personal information following the instructions
provided; or
by informing us by e-mail, post or phone using the contact details set out in this
Privacy Policy; or
by registration through our website
b. Cookies
You can set your browser to refuse all or some browser cookies, or to alert you when
websites set or access cookies. If you disable or refuse cookies, please note that some
parts of this website may become inaccessible or not function properly.
c. Change of Purpose
We will only use your personal information for the purposes for which we collected it,
unless we reasonably consider that we need to use it for another reason and that
reason is compatible with the original purpose. If you wish to get an explanation as to
how the processing for the new purpose is compatible with the original purpose,
please contact us.
If we need to use your personal information for an unrelated purpose, we will notify
you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal information without your knowledge
or consent, in compliance with the above rules, where this is required or permitted by
law.
5. TO WHOM DO WE DISCLOSE YOUR PERSONAL
INFORMATION?
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We may share your personal information with the parties set out above for the purposes set
out in the table Purposes for which we will use your personal information in this Privacy
Policy.
We require all third parties to respect the security of your personal information and to treat
it in accordance with the law. We do not allow our third -party service providers to use your
personal information for their own purposes and only permit them to process your personal
information for specified purposes and in accordance with our instructions.
6.1 NTE RNATIONAL TRANSFERS
By providing us with Personal information, you acknowledge and agree that your Personal
information may be processed in other countries, including the United States, where laws
regarding processing of Personal information may be less stringent than the laws in your
country. Where necessary to make such transfers, we will comply with our legal and
regulatory obligations in relation to the Personal information. This will include putting
appropriate contractual safeguards in place to ensure an adequate level of protection for the
Personal information. Please contact us if you want further information on the specific
mechanism used by us when transferring your Personal information out of Canada.
7. HOW DO WE PROTECTTHE CONFIDENTIALITY
AND SECURITY OF YOUR PERSONAL
INFORMATION?
We are committed to keeping the personal information provided to us secure and we will
take reasonable precautions to protect personal information from loss, misuse or alteration.
We have implemented information security policies, rules and technical measures that are
intended to protect the personal information that we have under our control from:
• unauthorised access;
• improper use or disclosure;
• unauthorised modification; and
• unlawful destruction or accidental loss.
All of our members, employees, workers and personal information processors (i.e. those who
process your personal information on our behalf, for the purposes listed above), who have
access to, and are associated with, the processing of personal information, are obliged to
respect the confidentiality of the personal information of all visitors to the Site and all users
of our Services.
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We have put in place procedures to deal with any suspected personal information breach
and will notify you and any applicable regulator of a breach where we are legally required to
do so.
8. HOW LONG WILL WE RETAIN YOUR PERSONAL
INFORMATION?
We will only retain your Personal information for as long as reasonably necessary to fulfil the
purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax,
accounting or reporting requirements. We may retain your Personal information for a longer
period in the event of a complaint or if we reasonably believe there is a prospect of litigation
in respect to our relationship with you.
In some circumstances you can ask us to delete your personal information: see your legal
rights Section below for further information.
In some circumstances we will anonymise your Personal information (so that it can no longer
be associated with you) for research or statistical purposes, in which case we may use this
information indefinitely without further notice to you.
9. YOUR LEGAL RIGHTS
The vast majority of our donors and website users are Canadians and so our privacy policy
has been drafted to help ensure compliance with applicable Canadian law. However, we have
noted that (although we do not target our services to EU data subjects) some of our
individual donors are from outside of Canada, including from the European Economic Area
("EEA"). For the benefit of such users, we also endeavor to provide adequate protection for
the personal data of EU data subjects in accordance with applicable EU data protection laws
and regulations, including the EU GDPR. Subject to certain exemptions, you have the
following rights in relation to the Personal) information we hold about you:
a. Your right of access
If you ask us, we'll confirm whether we're processing your Personal information and,
subject to any applicable exemptions, provide you with a copy of that Personal
information within the timescales provided for by law. We try to respond to all
legitimate requests within one month. Occasionally it could take us longer than a
month if your request is particularly complex or you have made a number of requests.
In this case, we will notify you and keep you updated. If you require additional copies,
we may need to charge a reasonable fee.
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b. Your right to rectification
If the Personal information we hold about you is inaccurate or incomplete, you're
entitled to have it rectified. If you are entitled to rectification and if we've shared your
Personal information with others, we'll let them know about the rectification where
possible and where this would not involve disproportionate effort. If you ask us, where
possible and lawful to do so, we'll also tell you who we've shared your Personal
information with so that you can contact them directly.
c. Your right to erasure
You can ask us to delete or remove your Personal information in some circumstances
such as where we no longer need it or if you withdraw your consent (where applicable
because that was the legal basis on which we were processing your Personal
information). If you are entitled to erasure and if we've shared your Personal
information with others, we'll take reasonable steps to inform those others where
possible and where this would not involve disproportionate effort. If you ask us, where
it is possible and lawful for us to do so, we'll also tell you who we've shared your
Personal information with so that you can contact them directly.
d. Your right to restrict processing
You can ask us to "block" or suppress the processing of your Personal information in
certain circumstances such as where you contest the accuracy of that Personal
information or you object to us. If you are entitled to restriction and if we've shared
your Personal information with others, we'll let them know about the restriction
where it is possible for us to do so. If you ask us, where it is possible and lawful for us
to do so, we'll also tell you who we've shared your Personal information with so that
you can contact them directly.
e. Your right to personal information portability
You have the right, in certain circumstances, to obtain Personal information you've
provided us with (in a structured, commonly used and machine readable format) and
to reuse it elsewhere or to ask us to transfer this to a third party of your choice.
f. Your right to object
You can ask us to stop processing your Personal information, and we will do so, if we
are:
91
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Privacy Policy I CanadaHelps - Donate to any charity in Canada Page 15 of 16
relying on our own or someone else's legitimate interests to process your Personal
information, except if we can demonstrate compelling legal grounds for the
processing; or
processing your Personal information for direct marketing.
g. Your rights in relation to automated decision-making and profiling
You have the right not to be subject to a decision when it's based on automatic
processing, including profiling, if it produces a legal effect or similarly significantly
affects you, unless such profiling is necessary for entering into, or the performance of,
a contract between you and us.
h. Your right to withdraw consent
If we rely on your consent (or explicit consent) as our legal basis for processing your
Personal information, you have the right to withdraw that consent at any time.
However, this will not affect the lawfulness of any processing carried out before you
withdraw your consent. If you withdraw your consent, we may not be able to provide
certain products or services to you. We will advise you if this is the case at the time
you withdraw your consent.
i. Your right to lodge a complaint with the supervisory authority
If you have a concern about any aspect of CanadaHelps' privacy practices, including
the way we've handled your Personal information, you can report it to the relevant
supervisory authority.
14. CONTACTING US
For the benefit of EU data subjects, CanadaHelps CanaDon is the "data controller" and is
responsible for your personal information.
We have appointed a privacy manager who is responsible for overseeing questions in
relation to this Privacy Policy. If you have any questions about this Privacy Policy, including
any requests to exercise your legal rights, please contact our privacy manager using the
details set out below.
If you have any questions about this Privacy Policy or our privacy practices, please contact
our privacy manager in the following ways:
ON
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Privacy Policy I CanadaHelps - Donate to any charity in Canada Page 16 of 16
CanadaHelps CanaDon (Att. Chief Privacy Officer)
186 Spadina Avenue
Units 1-5
Toronto, ON
M5T 3132
info@canadahelps.org
Telephone number: 1-877-755-1595
You have the right to make a complaint at any time to the relevant supervisory authority for
personal information protection issues. In Canada, you can contact the Office of the Privacy
Commissioner of Canada ('OPC"°), see: https://www.priv.gc.ca/en/contact-the-opc/
(https://www.priv.gc.ca/en/contact-the-opc/). EU data subjects can contact their relevant
data protection supervisory authority. We would, however, appreciate the chance to deal
with your concerns before you approach the supervisory authority so please contact us in
the first instance.
Links to Other Websites
This website may include links to third -party websites, plug -ins, and applications. Clicking on
those links or enabling those connections may allow third parties to collect or share personal
information about you. We do not control these third -party websites and are not responsible
for their privacy statements. When you leave our website, we encourage you to read the
Privacy Policy of every website you visit.
Changes
CanadaHelps reserves the right to modify or supplement this Privacy Policy at any time. If
any changes are made to this Privacy Policy, a copy of the Privacy Policy as amended will be
posted on our Website as soon as practicable following that update. Your continued use of
the Website following such posting wil I signify your consent to its revised terms.
019]
httnP,-0www ranariahPlm nra/Pn/nrivarv_nnlirv1 iF►m40i)19
Report Date: 2019-04-15
n expiration date (90 days from date scan 2019-06-28
ipleted):
n report type: Full Scan
2
0
J because 0
(either by itself or combined with multiple, partial,
3, "Scan Status") includes all components which
out of scope for this scan is properly segmented
mitted to the ASV to resolve scan exceptions -
complete. CanadaHelps CanaDon also
'nal scan is my responsibility, and 2) this scan
compliant with the external vulnerability scan
my overall compliance status with PCI DSS or
.airements.
nted Name
Trustwave Holdings, Inc.
Trustwave Support Job Title:
1-800-363-1621 E-mail: support@trustwave.com
70 West Madison St., Ste 1050
Chicago State/Province: IL
60602 Country: US
www.trustwave.com
This scan and report was prepared and conducted by Trustwave under certificate number 3702-01-12 (2017),
3702-01-11 (2016), 3702-01-10 (2015), 3702-01-09 (2014), 3702-01-08 (2013), 3702-01-07 (2012), 3702-01-
06 (2011), 3702-01-05 (2010), according to internal processes that meet PCI DSS Requirement 11.2.2 and
the ASV Program Guide.
Trustwave attests that the PCI DSS scan process was followed, including a manual or automated Quality
Assurance process with customer boarding and scoping practices, review of results for anomalies, and review
and correction of 1) disputed or incomplete results, 2) false positives, 3) compensating controls (if applicable),
and 4) active scan interference. This report and any exceptions were reviewed by the Trustwave Quality
Assurance Process.
on that is privileged, confidential or otherwise protected from disclosure. Copyright O 2019 Trustwave Holdings, Inc., All rights reserved.
'nformation herein is prohibited without prior permissiQ4 f Trustwave and Page 1 of 12
Company:
Title:
Contact Name:
III: mikes@canadahelps.org
Telephone:
Floor
Business Address
e/Province: Ontario
City:
Ary: CA
ZIP/Postal Code:
Website / URL:
n expiration date (90 days from date scan 2019-06-28
ipleted):
n report type: Full Scan
2
0
J because 0
(either by itself or combined with multiple, partial,
3, "Scan Status") includes all components which
out of scope for this scan is properly segmented
mitted to the ASV to resolve scan exceptions -
complete. CanadaHelps CanaDon also
'nal scan is my responsibility, and 2) this scan
compliant with the external vulnerability scan
my overall compliance status with PCI DSS or
.airements.
nted Name
Trustwave Holdings, Inc.
Trustwave Support Job Title:
1-800-363-1621 E-mail: support@trustwave.com
70 West Madison St., Ste 1050
Chicago State/Province: IL
60602 Country: US
www.trustwave.com
This scan and report was prepared and conducted by Trustwave under certificate number 3702-01-12 (2017),
3702-01-11 (2016), 3702-01-10 (2015), 3702-01-09 (2014), 3702-01-08 (2013), 3702-01-07 (2012), 3702-01-
06 (2011), 3702-01-05 (2010), according to internal processes that meet PCI DSS Requirement 11.2.2 and
the ASV Program Guide.
Trustwave attests that the PCI DSS scan process was followed, including a manual or automated Quality
Assurance process with customer boarding and scoping practices, review of results for anomalies, and review
and correction of 1) disputed or incomplete results, 2) false positives, 3) compensating controls (if applicable),
and 4) active scan interference. This report and any exceptions were reviewed by the Trustwave Quality
Assurance Process.
on that is privileged, confidential or otherwise protected from disclosure. Copyright O 2019 Trustwave Holdings, Inc., All rights reserved.
'nformation herein is prohibited without prior permissiQ4 f Trustwave and Page 1 of 12
Report Date: 2019-04-15
ompliance
unary
cation
Compliance Summary
ties Noted for Each Component
tes by Component
tes - Full Text
mitted by Scan Customer for Discovery
)mer Designated "In -Scope" Components (Scanned)
)mer Designated "Out -of -Scope" Components (Not Scanned)
ierability Details
cation
y Details
161 (token.canadahelps.org)
x.99 (www.canadahelps.org)
on that is privileged, confidential or otherwise protected from disclosure.
'nformation herein is prohibited without prior permissifff Trustwave and
1
4
4
4
4
5
5
5
6
6
7
7
7
7
11
Copyright O 2019 Trustwave Holdings, Inc., All rights reserved.
Page 2 of 12
Report Date: 2019-04-15
on that is privileged, confidential or otherwise protected from disclosure. Copyright O 2019 Trustwave Holdings, Inc., All rights reserved.
'nformation herein is prohibited without prior permissimof Trustwave and Page 3 of 12
Report Date: 2019-04-15
CanadaHelps CanaDon • • ® Trustwave Holdings, Inc.
2019-03-28 • • 2019-06-26
.....................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
52.233.56.161 - token. ca nada helps.org (token.canadahelps.org) Flans
172.86.186.99 - www.canadahelps.org (www.canadahelps.org) F ass
4pplications Info 0.00 Flans Note to scan customer:
This vulnerability is not recognized in the National Vulnerability
Database.
Hostnames Info 0.00 lass
5SL/TLS Cipher II Info II 0.00 II lass
Drward Secrecy II Info
ficate Information II Info
M
M
Note to scan customer:
This vulnerability is not recognized in the National Vulnerability
Database.
on that is privileged, confidential or otherwise protected from disclosure. Copyright O 2019 Trustwave Holdings, Inc., All rights reserved.
'nformation herein is prohibited without prior permissbyf Trustwave and Page 4 of 12
Report Date: 2019-04-15
ie above Component:
4pplications
ie above Component:
Info 0.00 ilass Note to scan customer:
This vulnerability is not recognized in the National Vulnerability
Database.
on that is privileged, confidential or otherwise protected from disclosure.
'nformation herein is prohibited without prior permissbyf Trustwave and
Copyright O 2019 Trustwave Holdings, Inc., All rights reserved.
Page 5 of 12
Report Date: 2019-04-15
on that is privileged, confidential or otherwise protected from disclosure. Copyright O 2019 Trustwave Holdings, Inc., All rights reserved.
'nformation herein is prohibited without prior permissbyf Trustwave and Page 6 of 12
Report Date: 2019-04-15
CanadaHelps CanaDon
2019-03-28
Trustwave Holdings, Inc.
.......................................................................................................
2019-06-26
his scan. Please review all items and address all that items that affect compliance or the security of your system.
g information about each TrustKeeper finding.
s and Exposure number(s) for the detected vulnerability - an industry standard for cataloging vulnerabilities. A comprehensive
ir cve.mitre.org.
the finding, which usually includes the name of the application or operating system that is vulnerable.
coring System is an open framework for communicating the characteristics and impacts of IT vulnerabilities. Further
/cvss or nvd.nist.gov/cvss.cfm.
Inerability. It is closely associated with the CVSS score.
compliance violations are indicated with a Fail status. In order to pass a vulnerability scan, these findings must be addressed.
ore, or a Severity of Medium or higher, will have a Fail status. Some exceptions exist, such as DoS vulnerabilities, which are
which the vulnerability is detected, details about the vulnerability, links to available patches and other specific guidance on
erability.
ction and the scoring methodology used, please refer to the appendix.
on that is privileged, confidential or otherwise protected from disclosure.
'nformation herein is prohibited without prior permislbdf Trustwave and
Copyright O 2019 Trustwave Holdings, Inc., All rights reserved.
Page 7 of 12
Report Date: 2019-04-15
key exchange phase. Using this algorithm enforces Forward Secrecy for
secure communications with the server.
CVSSv2: AV: N/AC: L/Au: N/C: N/I: N/A: N
Service: http
Application: nginx:nginx
Evidence:
Cipher Suite: TLSv1_2 : DHE-RSA-AES256-GCM-SHA384
Cipher Suite: TLSv1_2 : DHE-RSA-AES256-SHA256
Cipher Suite: TLSv1_2 : DHE-RSA-AES256-SHA
Cipher Suite: TLSv1_2 : DHE-RSA-AES128-GCM-SHA256
Remediation:
No remediation is necessary.
Port................tc..........4,4,3
ed SSL/TLS Cipher 0.00 Info I li.�Z p/
on that is privileged, confidential or otherwise protected from disclosure.
'nformation herein is prohibited without prior permislb T Trustwave and
The finding reports the SSL cipher suites for each SSL/TLS service
version provided by the remote service. This finding does not represent
a vulnerability, but is only meant to provide visibility into the behavior
and configuration of the remote SSL/TLS service.
The information provided as part of this finding includes the SSL
version (ex: TLSv1) as well as the name of the cipher suite (ex: RC4-
SHA).
A cipher suite is a set of cryptographic algorithms that provide
authentication, encryption, and message authentication code (MAC) as
part of an SSL/TLS negotiation and through the lifetime of the SSL
session. It is typical that an SSL service would support multiple cipher
suites. A cipher suite can be supported by across multiple SSL/TLS
Copyright O 2019 Trustwave Holdings, Inc., All rights reserved.
Page 8 of 12
Report Date: 2019-04-15
versions, so you should be of no concern to see the same cipher name
reported for multiple
CVSSv2: AV: N/AC: L/Au: N/C: N/I: N/A: N
Service: http
Application: nginx:nginx
Reference:
http://www.openssi.org/docs/apps/ciphers.htmI
Evidence:
Cipher Suite: TLSv1_2
Cipher Suite: TLSv1_2
Cipher Suite: TLSv1_2
Cipher Suite: TLSv1_2
Cipher Suite: TLSv1_2
Cipher Suite: TLSv1_2
Cipher Suite: TLSv1_2
Cipher Suite: TLSv1_2
Cipher Suite: TLSv1_2
Cipher Suite: TLSv1_2
ECDHE-RSA-AES256-GCM-SHA384
ECDHE-RSA-AES256-SHA384
ECDHE-RSA-AES256-SHA
DHE-RSA-AES256-GCM-SHA384
DHE-RSA-AES256-SHA256
DHE-RSA-AES256-SHA
AES256-GCM-SHA384
ECDHE-RSA-AES128-GCM-SHA256
DHE-RSA-AES128-GCM-SHA256
AES128-GCM-SHA256
Remediation:
No remediation is necessary.
m....................................................................................................m..........................................................................Po rt...,,..,,..,..,,tc..,,......4,4,3
ertificate III 0.00 Info li���s I p/
on that is privileged, confidential or otherwise protected from disclosure.
'nformation herein is prohibited without prior permisloMf Trustwave and
Information extracted from a certificate discovered on a TLS or SSL
wrapped service.
Copyright O 2019 Trustwave Holdings, Inc., All rights reserved.
Page 9 of 12
Report Date: 2019-04-15
CVSSv2: AV: N/AC: L/Au: N/C: N/I: N/A: N
Service: http
Application: nginx:nginx
Evidence:
Verified: true
Today: 2019-03-28 19:29:04 -0500
Start date: 2018-04-09 00:00:00 UTC
End date: 2020-04-08 23:59:59 UTC
Expired: false
Fingerprint: 97: E1: D0:46:01:10:01:8C:6C:45: BC:92:5A: DF:8F:49
Subject: /OU=Domain Control
Validated/OU=EssentialSSL/CN=token.canadahelps.org
Common name: token.canadahelps.org
Issuer: /C=GB/ST=Greater Manchester/L=Salford/O=COMODO CA
Limited/CN=COMODO RSA Domain Validation Secure Server CA
Signature Algorithm: sha256WithRSAEncryption
Version: 2
............................................................................................Port................tc..........4.4.3
ed Applications 0.00 Info I li.�� p/
The following applications have been enumerated on this device.
CVSSv2: AV: N/AC: L/Au: N/C: N/I: N/A: N
Service: http
Application: nginx:nginx
Evidence:
on that is privileged, confidential or otherwise protected from disclosure.
'nformation herein is prohibited without prior permisloMf Trustwave and
Copyright O 2019 Trustwave Holdings, Inc., All rights reserved.
Page 10 of 12
Report Date: 2019-04-15
CPE: nginx:nginx
URI: /
Version: 1.15.8
Remediation:
No remediation is required.
ed Hostnames 0.00 Info ilass This list contains all hostnames discovered during the scan that are
believed to belong to this host.
CVSSv2: AV: N/AC: L/Au: N/C: N/I: N/A: N
Evidence:
Hostname: token.canadahelps.org, Source: SSL Certificate Subject
Common Name
Hostname: token.canadahelps.org, Source: SSL Certificate Subject
subjectAltName DNS
Hostname: www.token.canadahelps.org, Source: SSL Certificate Subject
subjectAltName DNS
Remediation:
No action is required.
on that is privileged, confidential or otherwise protected from disclosure.
'nformation herein is prohibited without prior permisloMf Trustwave and
Copyright O 2019 Trustwave Holdings, Inc., All rights reserved.
Page 11 of 12
Report Date: 2019-04-15
The following applications have been enumerated on this device.
CVSSv2: AV: N/AC: L/Au: N/C: N/I: N/A: N
Service: http
Application: nginx:nginx
Evidence:
CPE: nginx:nginx
URI: /
Version: 1.15.8
Remediation:
No remediation is required.
on that is privileged, confidential or otherwise protected from disclosure. Copyright O 2019 Trustwave Holdings, Inc., All rights reserved.
'nformation herein is prohibited without prior permisloMf Trustwave and Page 12 of 12
ASV Feedback Form
This form is used to review ASVs and their work product, and is intended to be completed
after a PCI Scanning Service by the ASV client. While the primary audience of this form are
ASV scanning clients (merchants or service providers), there are several questions at the end,
under "ASV Feedback Form for Payment Brands and Others," to be completed as needed by
Payment Brand participants, banks, and other relevant parties. This form can be obtained
directly from the ASV during the PCI Scanning Service, or can be found online in a usable
format at https://www.pcisecuritystandards.org. Please send this completed form to PCI SSC
at: asv@pcisecuritystandards.org.
ASV FEEDBACK FORM
Client Name (merchant or service
provider):
Approved Scanning Vendor Company
(ASV):
Name
Name
Contact
Contact
Telephone
Telephone
E -Mail
E -Mail
Business location where assessment took
place:
ASV employee who performed assessment:
Street
Name
City
Telephone
State/Zip
E -Mail
For each question, please indicate the response that best reflects your experience and
provide comments.
4 = Strongly Agree 3 = Agree 2 = Disagree 1 = Strongly Disagree
1) During the initial engagement, did the ASV explain the objectives, timing, and
review process, and address your questions and concerns?
Response:
Comments:
Page 1 of 5
`191-1
2) Did the ASV employee(s) understand your business and technical environment, and
the payment card industry?
Response:
Comments:
3) Did the ASV employee(s) have sufficient security and technical skills to effectively
perform this PCI Scanning Service?
Response:
Comments:
4) Did the ASV sufficiently understand the PCI Data Security Standard and the PCI
Security Scanning Procedures?
Response:
Comments:
5) Did the ASV effectively minimize interruptions to operations and schedules?
Response:
Comments:
6) Did the ASV provide an accurate estimate for time and resources needed?
Response:
Comments:
7) Did the ASV provide an accurate estimate for scan report delivery?
Response:
Comments:
ASV Feedback Form
` YA
Page 2 of 5
8) Did the ASV attempt to market products or services for your company to attain PCI
compliance?
Response:
Comments:
9) Did the ASV imply that use of a specific brand of commercial product or service was
necessary to achieve compliance?
Response:
Comments:
10) In situations where remediation was required, did the ASV present product and/or
solution options that were not exclusive to their own product set?
Response:
Comments:
11) Did the ASV use secure transmission to send any confidential reports or data?
Response:
Comments:
12) Did the ASV demonstrate courtesy, professionalism, and a constructive and
positive approach?
Response:
Comments:
13) Was there sufficient opportunity for you to provide explanations and responses
during the scans?
Response:
Comments:
ASV Feedback Form
f DU]
Page 3 of 5
14) During the review wrap-up, did the ASV clearly communicate findings and
expected next steps?
Response:
Comments:
15) Did the ASV provide sufficient follow-up to address false positives until eventual
scan compliance was achieved?
Response:
Comments:
Please provide any additional comments here about the ASV, your PCI Scanning Service,
or the PCI documents.
ASV Feedback Form
`[ok7
Page 4 of 5
ASV FEEDBACK FORM FOR PAYMENT BRANDS AND OTHERS
Name of ASV Client (merchant or service
provider reviewed):
ASV Company Name:
Payment Brand Reviewer:
ASV employee who performed assessment:
Name
Name
Telephone
Telephone
E -Mail
E -Mail
For each question, please indicate the response that best reflects your experience and
provide comments.
4 = Strongly Agree 3 = Agree 2 = Disagree 1 = Strongly Disagree
1) Does the ASV clearly understand how to notify your payment brand about
compliance and non-compliance issues, and the status of merchants and service
providers?
Response:
Comments:
2) Did you receive any complaints about ASV activities related to this scan?
Response:
Comments:
3) Did the ASV demonstrate sufficient understanding of the PCI Data Security
Standard and the PCI Security Scanning Procedures?
Response:
Comments:
ASV Feedback Form
iIsK
Page 5 of 5
COUNCIL REPORT
M&C No.
2019-94
Report Date
April 16, 2019
Meeting Date
April 23, 2019
Service Area
Saint John Water
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: Contract 2019-02: Mecklenburg Street (Sydney Street to Wentworth
Street) — Water, Sanitary and Storm Sewer Renewal and Street
Reconstruction
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Commissioner/Dept. HeadCity
Manager
Joel Landers
Brent McGovern /Brian
Keenan
John Collin
RECOMMENDATION
It is recommended that Contract No. 2019-02: Mecklenburg Street (Sydney
Street to Wentworth Street) — Water, Sanitary and Storm Sewer Renewal and
Street Reconstruction be awarded to the low Tenderer, Galbraith Construction
Ltd., at the tendered price of $1,189,001.10 (including HST) as calculated based
upon estimated quantities, and further that the Mayor and Common Clerk be
authorized to execute the necessary contract documents.
EXECUTIVE SUMMARY
The purpose of this report is to recommend that Council award Contract No.
2019-02: Mecklenburg Street (Sydney Street to Wentworth Street) — Water,
Sanitary and Storm Sewer Renewal and Street Reconstruction to the low
Tenderer.
PREVIOUS RESOLUTION
July 30, 2018; 2019 Water & Sewerage Utility Fund Capital Program approved
July 30, 2018; 2019 General Fund Capital Program approved
111
-2 -
REPORT
BACKGROUND
The approved 2019 General Fund and Water and Sewerage Utility Fund Capital
Program includes funding for the reconstruction of Mecklenburg Street from
Sydney Street to Wentworth Street. The work involves the replacement of the
existing watermain, sanitary sewer, a new storm sewer for separation, full street
reconstruction including new concrete curb and sidewalk, roadway granulars,
asphalt, grass median and trees. The work also includes the removal of the
concrete curb bulbs at the intersections to better facilitate winter snow removal
operations and bus travel.
I111019111:l1163110 1 61
Tenders closed on April 16, 2019 with the following results, including HST:
1. Galbraith Construction Ltd., Saint John, NB
$ 1,189,001.10
2. Fairville Construction Ltd., Saint John, NB
$ 1,246,639.68
3. Dexter Construction Company Limited, Saint John, NB $ 1,260,124.00
4. TerraEx Inc., Saint John, NB
$ 1,269,766.75
5. Debly Enterprises Limited., Saint John, NB
$ 1,646,478.00
6. Maguire Excavating Ltd., Saint John, NB
$ 1,947,776.85
The Engineer's estimate for the work was $1,416,336.21, including HST.
ANALYSIS
The tenders were reviewed by staff and all tenders were found to be formal in all
respects. The tender from TerraEx Inc. contained a conflict between written and
numerical bid prices that required correction in accordance with specification
article 2.11 u) (ii). The tender submitted by Gulf Operators Ltd. included a
qualification to the terms of the Tender Documents and was rejected by the
Tender Opening Committee in accordance with General Specifications Division 2
— Instructions to Tenderers and Tendering Procedures, item 2.8.03 j). Staff is of
the opinion that the low tenderer has the necessary resources and expertise to
perform the work, and recommend acceptance of their tender.
FINANCIAL IMPLICATIONS
The Contract includes work that is charged against the 2019 General Fund and
Water and Sewerage Utility Fund Capital Programs. Assuming award of the
Contract to the low tenderer, an analysis has been completed which includes the
estimated amount of work that will be performed by the Contractor and Others.
`N
-3 -
The analysis is as follows:
Budget $ 1,332,000.00
Project net cost $ 1,157,950.00
Variance (Surplus) $ 174,050.00
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.
STRATEGIC ALIGNMENT
This report aligns with Council's Priority for Valued Service Delivery, specifically
as it relates to investing in sustainable City services and municipal infrastructure.
SERVICE AND FINANCIAL OUTCOMES
The municipal infrastructure on this street is in poor condition and requires
replacement. The renewal of the infrastructure will reduce the likelihood of
future service disruptions to the local residents due to infrastructure failures.
The storm water and sanitary sewer flows will also be separated on this section
of Mecklenburg Street. In addition, this project provides the opportunity to
improve the streetscape with the installation of grass medians and street trees.
This project will be completed within the original approved financial budget.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
N/A
ATTACHMENTS
N/A
MR]
B Ne '.
w��� Nouveau
&
ffinswi
C A N A D A
UTITENUMISM0
His Worship Don Darling
Mayor of the City of Saint John
15 Market Square
PO Box 1971
Saint John, NB E2L 4LI
Mayor Darling:
715 03 0001
Thank you for your recent letter from Saint John City Council requesting that the
Department of Energy and Resource Development (ERD) implement a Nuisance Deer
Management Assistance Program (NDMAP) in your community for the fall of 2019.
I recognize the City of Saint John has met the pre -requisites of enacting a by-law
prohibiting the intentional feeding of deer, allowing landowners to protect their private
property with fences, and documenting the support of the majority of the community for a
nuisance deer control program through a public survey.
ERD staff members will cooperate with your city staff to implement this program on
qualifying lands within the Millidgeville designated area in your city limits for the 2019 deer
hunting season commencing in October.
I am pleased to have ERD staff members work with you and your staff to help address
some nuisance deer issues that you are experiencing in your city, and to offer a mitigation
strategy that considers public concerns from multiple levels. Energy and Resource
Development staff will be in contact with your staff to further discuss the implementation
details including the involvement of city staff in receiving program applications from
landowners.
Sincerely,,,/,I/,"N
M,
Minister I Ministre
Energy and Resource Development/ D6veloppement de 1'6nergle et des ressources
P.O. Box 6000 / C. P. 6000 Fredericton New Brunswick / Nouveau -Brunswick E3B 5H1
Tel. IT61.: 506453-2510 Fax /T616c.: 506-453-2930 1414
EMM=
PROCLAMATION
WHEREAS: Lyme disease is one of the fastest growing infections in
Canada; and
WHEREAS: the population of ticks, the prime cause of Lyme disease, is
growing and expanding in New Brunswick; and
WHEREAS: the tick season is also extended due to climate change; and
WHEREAS: there is an increasing number of New Brunswickers who
are suffering from Lyme disease; and
WHEREAS: Lyme disease, if not diagnosed and treated early, can
become a debilitating condition, causing extreme fatigue,
cardiac and nervous system disorders and/or arthritic
symptoms; and
WHEREAS: All New Brunswickers would benefit by being more aware
of Lyme disease, how it is contracted, what the symptoms
associated with Lyme disease are and how to get the prompt
medical care needed to avoid illness and suffering.
NOW THEREFORE: I, Mayor Don Darling, of Saint
John do hereby proclaim the month of May, 2019 as "Lyme Awareness Month"
in the City of Saint John.
In witness whereof I have set my hand and affixed the official seal of the
Mayor of the City of Saint John.
PROCLAMATION
WHEREAS: every year nearly one thousand Canadian workers are killed
by workplace injuries and many more die from
occupational disease; and
WHEREAS: thousands more are permanently disabled; and
WHEREAS: tens of thousands are injured or made ill; and
WHEREAS: concerned Canadians are determined to prevent these
tragedies by:
• Observing April 281h as a day of mourning to remember
these victims of workplace injuries and disease:
• Renewing our efforts to seek stronger safety and health
protections, better standards and enforcement, and fair
and just compensations; and
• Rededicating ourselves to improving safety and health
in every Canadian workplace.
NOW THEREFORE: I, Mayor Don Darling, of Saint
John do hereby proclaim April 28, 2019, as a "Day of Mourning" in recognition
of workers killed, injured or disabled on the job.
In witness whereof I have set my hand and affixed the official seal of the
Mayor of the City of Saint John.
RAMA 23'am'"ITEM,
UTSIFIENtIMMIUMEM
KNIM I
Commission die Slervices
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The Great Trail aka Trans Canada Trail
---------------------------------------------------------------------
Coastal Link Trail
Road Option: Manawagonish Rd, Ocean Westway
Shoreline Trail Option: Bayshore to Lorneville
Spruce Lake Trail and Musquash Marsh Trail
Harbour Loop: Chance Harbour, Dipper Harbour, Maces Bay
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