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2016-10-03_Agenda Packet--Dossier de l'ordre du jour City of Saint John Common Council Meeting Monday, October 3, 2016 Committee of the Whole 1. Call to Order Si vous avez besoin des services en français pour une réunion de Conseil communal, veuillez contacter le bureau du greffier communal au 658-2862. Each of the following items, either in whole or in part, is able to be discussed in private pursuant to the provisions of subsection 10.(2)(4) of the Municipalities Act and Council / Committee will make a decision(s) in that respect in Open Session: th 4:30 p.m. 8 Floor Boardroom City Hall 1.1 Approval of Minutes 10.2(4) 1.2 Employment Matter 10.2(4)(b,c,f,j) 1.3 Financial Matter 10.2(4)(c) Ville de Saint John Séance du conseil communal Le lundi 3 octobre 2016 18 h, Salle du conseil Comité plénier 1. Ouverture de la séance Si vous souhaitez obtenir des services en français pour une réunion du conseil communal, veuillez communiquer avec le bureau du greffier communal au 658-2862. Chacun des points suivants, en totalité ou en partie, peut faire l'objet d'une discussion en privé en vertu des dispositions prévues à l'article 10 de la Loi sur les municipalités. Le conseil/comité prendra une ou des décisions à cet égard au cours de la séance publique : e 16 h 30 Salle de conférence, 8 étage, hôtel de ville 1.1 Approbation du procès-verbal paragraphe 10.2(4) 1.2 Question relative à l'emploi alinéas 10.2(4)b), c), f), j) 1.3 Question financière alinéa 10.2(4)c) 1.4 Question relative à l'emploi alinéa 10.2(4)j) 1.5 Question relative aux biens-fonds alinéa 10.2(4)d) Séance ordinaire 1. Ouverture de la séance 2. Approbation du procès-verbal 2.1 Procès-verbal du 19 septembre 2016 2.2 Procès-verbal de la séance publique du comité plénier tenue le 26 septembre 2016 3. Adoption de l'ordre du jour 4. Divulgations de conflits d'intérêts 5. Questions soumises à l'approbation du conseil 5.1 Zoo Cherry Brook de la région du Grand Saint John Demande de subvention de 2017 (recommandation : voir les délibérations budgétaires de 2017) 5.2 Centre des ressources pour personnes âgées Demande de subvention (recommandation : renvoyer aux délibérations budgétaires de 2017) 5.3 Commission régionale des installations Approbations budgétaires de 2017 (recommandation : accepter à titre informatif) 5.4 Conseil d'administration de la Commission du régime de retraite Assemblée générale annuelle du 26 octobre 2016 (recommandation : accepter à titre informatif) 5.5 Remplacement des camions de signalement et des tracteurs pour les trottoirs municipaux (recommandation figurant au rapport) 5.6 Date prévue d'une audience publique relativement aux 105-115, promenade Mountain View et 65, avenue University (recommandation figurant au rapport) 5.7 Lettre de J. Bond au sujet de la Ville de Saint John (recommandation : accepter à titre informatif) 5.8 Recensement de 2016 Lettre d'entente du consortium sur le lieu de travail (recommandation figurant au rapport) 5.9 Cadre de reddition de comptes de 2016 pour les organismes, les conseils d'administration et les commissions Rapports écrits (recommandation : accepter à titre informatif) 5.9.1 Découvrez Saint John 5.9.2 Entreprise Saint John 5.9.3 Harbour Station 5.9.4 Bureau des commissaires de la police de Saint John 5.9.5 Saint John Development Corporation 5.9.6 Saint John Energy 5.9.7 Saint John Industrial Parks 5.9.8 Commission sur le stationnement et Commission des transports de Saint John 5.9.9 Trade & Convention Centre 5.10 Entente relative à l'entretien des ascenseurs/escaliers (recommandation figurant au rapport) 5.11 Énoncés de politiques des ressources humaines (recommandation figurant au rapport) 6. Commentaires présentés par les membres 7. Proclamation 7.1 Mois de sensibilisation au cancer de la prostate Septembre 2016 er 7.2 Journée internationale des personnes âgées Le 1 octobre 2016 er 7.3 Semaine de mieux-être Du 1 au 7 octobre 2016 8. Délégations et présentations 8.1 Présentation du Centre des arts de Saint John 9. Audiences publiques 18 h 30 9.1 Présentation du personnel Rezonage visant le 34, avenue Mount Pleasant Est 9.1.1 Comité consultatif d'urbanisme recommandant le rezonage conformément aux conditions imposées par l'article 39 9.1.2 Projet de modification de l'Arrêté de zonage visant le 34, avenue Mount Pleasant Est (première et deuxième lectures) 9.2 Présentation du personnel Rezonage et dérogation visant le 50, rue Hazen 9.2.1 Comité consultatif d'urbanisme recommandant le rezonage conformément aux conditions imposées par l'article 39 9.2.2 Projet de modification de l'Arrêté de zonage visant le 50, rue Hazen (première et deuxième lectures) 9.3 Présentation du personnel Lotissement et rezonage visant les 200-202, chemin Westmorland 9.3.1 Comité consultatif d'urbanisme recommandant le rezonage conformément aux conditions imposées par l'article 39 9.3.2 Projet de modification de l'Arrêté de zonage visant les 200- 202, chemin Westmorland (première et deuxième lectures) 9.4 Présentation du personnel 100-112, rue Prince Edward 9.4.1 Recommandation du Comité consultatif d'urbanisme d'approuver la modification des conditions imposées par l'article 39 9.4.2 Modification proposée aux conditions imposées par l'article 39 visant les 100-112, rue Prince Edward 10. Étude des arrêtés municipaux 11. Interventions des membres du conseil 11.1 Lettre de remerciement à l'Administration portuaire de Saint John (mairesse suppléante McAlary) 12. Affaires municipales évoquées par les fonctionnaires municipaux 12.1 Journée de nettoyage du bassin versant 13. Rapports déposés par les comités 13.1 Recommandation du Comité des finances 13.2 Projets visant les quartiers de la péninsule centrale 14. Étude des sujets écartés des questions soumises à l'approbation du conseil 15. Correspondance générale 16. Ordre du jour supplémentaire 16.1 Date prévue d'une audience publique relativement au 15, rue Fulton 17. Comité plénier 17.1 Conseiller stratégique en matière de contrat de travail Bureau du maire 17.2 Entente de financement Découvrez Saint John 17.3 Subventions pour les servitudes de drainage des eaux de pluie de l'aéroport o de Saint John Partie du terrain portant le NID n 00354696 18. Levée de la séance MINUTES REGULAR MEETING COMMON COUNCIL OF THE CITY OF SAINT JOHN SEPTEMBER 19, 2016 AT 6:00 PM IN THE COUNCIL CHAMBER Present: Mayor D. Darling Deputy Mayor S. McAlary Councillor-at-Large Gary Sullivan Councillor Ward 1 Blake Armstrong Councillor Ward 1 Greg Norton Councillor Ward 2 John MacKenzie Councillor Ward 2 Sean Casey Councillor Ward 3 Gerry Lowe Councillor Ward 3 Donna Reardon Councillor Ward 4 David Merrithew Councillor Ward 4 Ray Strowbridge Also Present: City Manager J. Trail Deputy City Manager N. Jacobsen City Solicitor J. Nugent Commissioner of Finance and Treasurer K. Fudge Commissioner of Transportation and Environment M. Hugenholtz Commissioner of Growth and Community Development J. Hamilton Commissioner Water B. McGovern Deputy Commissioner Transportation and Environment A. Poffenroth Fire Chief K. Clifford Police Chief J. Bates Common Clerk J. Taylor Deputy Common Clerk P. Anglin 1. Call to Order Mayor Darling called the meeting to order. The Mayor awarded Emma Coakley a Certificate of Recognition for her outstanding contribution made to the War Amps Program. 2. Approval of Minutes 2.1 Minutes of September 6, 2016 Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that the minutes of the meeting of Common Council, held on September 6, 2016, be approved. 3. Approval of Agenda Moved by Councillor MacKenzie, seconded by Councillor Sullivan: RESOLVED that the agenda of this meeting be approved with the addition of items: 17.1 Parking Lot Compliance Program; 17.2 Recommendation for Pension under An Act respecting the Saint John Firefi 17.3 Procurement of Realty Consulting Services for City Hall MOTION CARRIED. 4. Disclosures of Conflict of Interest No disclosures of conflict of interest were declared. 5. Consent Agenda 5.1 That the Fundy Soccer - Request for Sponsorship be referred to the Community Grants Evaluation Committee. 5.2 That the Samuel-de-/ŷğƒƦƌğźƓ 9ǝĻƓƷ ϔ5ĽŅźaźƩğĭƌĻЋЉЊЏ - Request for Support be referred to the Community Grants Evaluation Committee. 5.3 That as recommended by the City Manager in the submitted report M&C 2016-233: Cleanup of the Property at 94 and 96 Woodhaven Drive (PID 00370288) pursuant to the Unsightly Premises and Dangerous Buildings and Structures Bylaw, Common Council direct one or more of the Officers appointed and designated by Council for the enforcement of the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law, to arrange for the cleanup and permanent disposal of the junk, rubbish, refuse, residue of production or construction, derelict vehicle, equipment, machinery and/or parts thereof at 94 and 96 Woodhaven Drive (PID#00370288), in accordance with the applicable City purchasing policies. 5.4 That as recommended by the City Manager in the submitted report M&C 2016-234: Demolition of Vacant, Dilapidated and Dangerous Building at 90 Victoria Street (PID 00380428), Common Council direct one or more of the Officers appointed and designated by Council for the enforcement of the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law, to arrange for the demolition of the building at 90 Victoria Street (PID#00380428), in accordance with the applicable City purchasing policies. 5.5 That the Saint John Theatre Company - Request to Present be referred to the Clerk to schedule. 5.6 That as recommended by the City Manager in the submitted report M&C 2016-204: Cancellation of Contract 2015-08 1500mm Dia. Raw Water Transmission Main Pipe Repair, Contract 2015-08 1500mm Dia. Raw Water Transmission Main Pipe Repair awarded to Gulf Operators Ltd. on March 16, 2015 (M&C 2015- 50) be cancelled. 5.7 Referred to 14.1. 5.8 That as recommended by the City Manager in the submitted report M&C 2016-235: 2016 Capital Budget Harbour Station, Common Council approve the 5.9 That as recommended by the City Manager in the submitted report M&C 2016-236: Stop-Up and Closure and Subsequent Sale of Portion of Southwark Street to Maritime Abrasives Ltd, Common Council adopt the following resolution: 1. That the Public Hearing to consider the passing of a By-law to Stop Up and Close a 550 square metre portion of a public street known as Southwark Street, as shown on a Plan of Survey (as submitted), be set for Monday, October 17, 2016 at 6:30 p.m. in the Council Chamber; 2. That Common Council authorize the publishing of a notice of its intention to consider passing of such By-law identified above; and 3. In the event that a 550 square metre portion of Southwark Street as shown on the submitted Plan of Survey is stopped-up and closed; the City being neither explicitly nor implicitly obligated to enact any by-law to stop-up and close any public street, the City sell the portion of closed street, pursuant to the Agreement submitted with Mayor and Common Clerk be authorized to sign all pertinent documents. 5.10 That as recommended by the City Manager in the submitted report M&C 2016-239: Extension of the Multifunctional Printer Agreement with Konica Minolta, the City extend the Multi-functional Printer (MFP) agreement with Konica Minolta for the supply and maintenance of Multi-functional Printers for a period of 14 months. Moved by Deputy Mayor McAlary, seconded by Councillor Merrithew: RESOLVED that the recommendation set out for each consent agenda item respectively be adopted with the exception of item 5.7 which has been identified for debate. MOTION CARRIED. 6. Members Comments Council members commented on various community events. 7. Proclamation 7.1 National Seniors Day - October 1, 2016 The Mayor proclaimed October 1, 2016 as National Seniors Day in the City of Saint John. 8. Delegations/Presentations 8.1 The Community Foundation Presentation K. Evans, Executive Director, outlined the Mission statement and a brief history of the Community Foundation, a trustee for charitable, educational, and cultural th purposes. The forthcoming 40 Anniversary Gala, to be held on Thursday, October 27, 2016 was promoted. Moved by Deputy Mayor McAlary, seconded by Councillor Merrithew: RESOLVED that the presentation by The Community Foundation, be received for 8.2 Human Development Council Presentation Referring to the submitted report entitled, The Municipal Role in Poverty Reduction, Randy Hatfield, Executive Director updated Council on the distribution of overall poverty and child poverty metrics in the City and recommended the City adopt social procurement and living wage criteria. Moved by Councillor Sullivan, seconded by Deputy Mayor McAlary: RESOLVED that the City Manager be directed to work with the Human Development Council to investigate social procurement and living wage criteria for The City of Saint John. MOTION CARRIED. 9. Public Hearings 6:30 PM 10. Consideration of By-laws 10.1 Third Reading - Proposed Zoning Bylaw Amendment - 239-241 Loch Lomond Road Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that the by--Law Number C.P. 111-31 A Law to Amend the Zoning By- Map of The City of Saint John, by re-zoning a parcel of land having an area of approximately 1442 square metres, located at 239-241 Loch Lomond Road, also identified as PID Numbers 55052476 and 55052484, from Two-Unit Residential (R2) to Low-Rise Residential (RL), be read. MOTION CARRIED. The by--Law Number C.P. 111-31 A Law to Amend the Zoning By- tirety. Moved by Deputy Mayor McAlary, seconded by Councillor MacKenzie: RESOLVED that the by--Law Number C.P. 111-31 A Law to Amend the Zoning By- Map of The City of Saint John, by re-zoning a parcel of land having an area of approximately 1442 square metres, located at 239-241 Loch Lomond Road, also identified as PID Numbers 55052476 and 55052484, from Two-Unit Residential (R2) to Low-Rise Residential (RL), be read a third time, enacted and the Corporate Common Seal affixed thereto. MOTION CARRIED. Read a third time by title, the by--Law Number C.P. 111-31 A Law to Amend the Zoning By- 11. Submissions by Council Members 12. Business Matters - Municipal Officers 13. Committee Reports Encroachment of Brunswick Pipeline KP's 26.789, 27.559 and 27.927 (Route 7, Ocean Westway and Pipeline Rd. West) Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that The City of Saint John enter into the Consent Agreement with Emera Brunswick Pipeline Company Ltd. In the form attached to M&C 2016-238 (a copy of the approved engineering drawings which are to be part of the Consent Agreement having been filed with the Common Clerk on September 19, 2016) and that the Mayor and Common Clerk be authorized to execute the said agreement. MOTION CARRIED. 15. General Correspondence 15.1 Amazeatorium - Request to Present to Common Council Moved by Councillor Norton, seconded by Councillor Sullivan: RESOLVED that the Clerk be directed to schedule Amazeatorium to present to Common Council. MOTION CARRIED. 16. Supplemental Agenda 17. Committee of the Whole 17.1 Parking Lot Compliance Program Moved by Deputy Mayor McAlary, seconded by Councillor Merrithew : RESOLVED that as recommended by the Committee of the Whole, having met on September 19, 2016, Common Council receive the submitted report entitled Parking Lot Compliance Program for information. MOTION CARRIED. 17.2 Recommendation for Pension under the Act respecting the Saint John Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that as recommended by the Committee of the Whole having met on September 19, 2016 Common Council adopts the following: WHEREAS an application was made by the surviving spouse of the deceased employee of the City previously identified by Employee No. 4213 for a pension pursuant to the terms of An Act Respecting th Association and, more specifically, subsection 2(c) thereof; AND WHEREAS the aforementioned application for a pension was evaluated in accordance with established/applicable criteria and the City has received satisfactory medical advice confirming that the deceased employee of the City previously identified by Employee No. 4213 died as the result of a disability identified in section 1 of Association; 2(c) of ociation. MOTION CARRIED. 17.3 Procurement of Realty Consulting Services for City Hall Space Moved by Councillor MacKenzie, seconded by Councillor Sullivan: RESOLVED that as recommended by the Committee of the Whole having met on th September 19, 2016 Common Council adopts the following: That the City engage a professional realty consulting firm for City Hall space to support the preparation of a Negotiated Request for Proposals (RFP) and manage the procurement process to improve service and reduce costs. MOTION CARRIED. 18. Adjournment Moved by Councillor Sullivan, seconded by Councillor MacKenzie: RESOLVED that the meeting of Common Council held on September 19, 2016 be adjourned. MOTION CARRIED. The Mayor declared the meeting adjourned at 7:32 p.m. Mayor / maire Common Clerk / greffier communal Minutes of the Committee of the Whole Meeting Open to the Public Monday, September 26, 2016 at 5:30 p.m. Community Room of the Police Building at Peel Plaza Present: Mayor Don Darling Deputy Mayor Shirley McAlary Councillor-at-Large Gary Sullivan Councillor Ward 1 Blake Armstrong Councillor Ward 1 Greg Norton Councillor Ward 2 John MacKenzie Councillor Ward 2 Sean Casey Councillor Ward 3 Gerry Lowe Councillor Ward 4 David Merrithew Absent: Councillor Ward 4 Ray Strowbridge Councillor Ward 3 Donna Reardon Also Present: City Manager J. Trail Deputy City Manager N. Jacobsen City Solicitor J. Nugent Fire Chief K. Clifford Police Chief J. Bates Comptroller C. Graham Commissioner Growth & Development J. Hamilton Commissioner Transportation and Environment M. Hugenholtz Commissioner SJ Water B. McGovern Deputy Common Clerk P. Anglin 1. Call to Order The Mayor called the Committee of the Whole Open Session Meeting to order. 1.1 Priority Setting Agenda Moved by Deputy Mayor McAlary, seconded by Councillor Armstrong: RESOLVED that the agenda for the Committee of the Whole open session meeting be approved. MOTION CARRIED. 1.2 City of Saint John 2016 Citizen Survey Referring to the submitted report entitled /źƷǤ ƚŅ {ğźƓƷ WƚŷƓ ЋЉЊЏ /źƷźǩĻƓ {ǒƩǝĻǤ, S. Ranson presented the results of residents opinions and key findings. Moved by Deputy Mayor McAlary, seconded by Councillor Armstrong: RESOLVED that the ЋЉЊЏ /źƷǤ ƚŅ {ğźƓƷ WƚŷƓ /źƷźǩĻƓ {ǒƩǝĻǤ, be received for information. 1.3 Engagement Results 1.4 Council Priority Setting Engagement Raw Data Referring to the submitted reports entitled 9ƓŭğŭĻƒĻƓƷ wĻƭǒƌƷƭ and /ƚǒƓĭźƌ tƩźƚƩźƷǤ {ĻƷƷźƓŭ 9ƓŭğŭĻƒĻƓƷ wğǞ 5ğƷğͲ S. Rackley Roach presented a deeper dive into public opinion obtained from the following sources: Ipsos Telephone Survey 400 participants PinIT 10 events 344 participants On-line survey 327 participants Moved by Deputy Mayor McAlary , seconded by Councillor Armstrong: RESOLVED the presentations 9ƓŭğŭĻƒĻƓƷ wĻƭǒƌƷƭ /ƚǒƓĭźƌ tƩźƚƩźƷǤ {ĻƷƷźƓŭ 9ƓŭğŭĻƒĻƓƷ wğǞ 5ğƷğͲ be received for information. MOTION CARRIED. Facilitator S. Rackley Roach led Council through a brain storming session to identify priority issues. Council provided their ideas to respond to the question: What would Saint John look like if it were the most desirable place to live, work, invest and play for everyone? The to lists: things to keep things to drop things to create (visionary) The results are intended to formulate Council priorities for the next 4 years. The Mayor called a 10 minute recess at 7:12 p.m. The Mayor reconvened the meeting at 7:22 p.m. The results for things to create (vision) were discussed and the priorities / visions recorded by the facilitator. For next session, the facilitator suggested that the priorities / vision results will be transcribed and provided to Council to allow time for Council to prioritize the results collected from the session. The facilitator outlined the next meeting action items: to condense priorities into 3-5 priority buckets define what the priorities mean set actionable deliverables to measure the priorities success Adjournment Moved by Councillor Armstrong, seconded by Councillor MacKenzie: RESOLVED that the Committee of the Whole Open Session meeting held on Monday September th 26, 2016 be adjourned. MOTION CARRIED. The meeting was adjourned at 7:53 p.m. COUNCIL REPORT 2016-242 M&C No. September 14, 2016 Report Date September 19, 2016 Meeting Date Service Area Transportation and Environment Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Replacement of Sign Truck and Municipal Sidewalk Tractors OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Tom McGrath Mike Hugenholtz Jeff Trail RECOMMENDATION It is recommended that Common Council award the tenders as follows: 1) One (1) 1-Ton, two-wheel-drive truck with crane and cabinetry at a total cost of $92,519.00 plus HST to Downey Ford Sales Ltd.; and 2) Two (2) municipal sidewalk tractors with attachments at a total cost of $249,000.00 plus HST to Saunders Equipment Ltd. EXECUTIVE SUMMARY The purpose of this report is to make recommendations to award the latest tendered vehicles as required by Transportation and Environment Services. The sign truck is a 1-ton two-wheel-drive truck which features a crane and custom cabinetry. It is required to install signage and sign poles, conduct routine maintenance on signage and related infrastructure and to assist in various tasks as the department deems necessary. The truck recommended in this report is replacing the existing sign truck which has exceeded its useful life. The municipal sidewalk tractors are required to clear ice and snow in winter conditions from City sidewalks and to perform sweeping, mowing and asphalt milling activities during the spring, summer and fall seasons. The two tractors recommended in this report are replacing existing units which have exceeded their useful lives. PREVIOUS RESOLUTION None - 2 - STRATEGIC ALIGNMENT priority of Sustainable Infrastructure. SERVICE AND FINANCIAL OUTCOMES Municipal Sidewalk Tractors Approximately 240 kilometers of sidewalks in the City are kept clear of ice and snow in winter conditions by Transportation and Environment Services. Similar to street plowing and snow Management Plan. In addition, these vehicles are utilized during the spring, summer, and fall months to provide support to other departments in obtaining their service objectives. Two (2) beyond their useful service life and are being replaced with this award recommendation. This is a planned expenditure for which funds are included in the 2016 Fleet Reserve Fund. 1-Ton Sign Truck two Sign Technicians. The truck is equipped with specialized tools and equipment that allows these functions to be completed effectively and efficiently. The new vehicle will have some enhanced capabilities, equipment, and safety features which will allow the Technicians to better execute their duties in a more efficient and safe manner. The current truck is beyond its useful service life and is being replaced with this award recommendation. This is a planned expenditure for which funds are included in the 2016 Fleet Reserve Fund. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Materials Management facilitated two (2) separate publically advertised tender calls as follows: 1) Tender no. 2016-232001T for the supply of one (1) 1-ton two-wheel drive truck with crane and cabinetry was issued on August 16, 2016 and closed on September 7, 2016 with the following submissions (excluding HST): COMPANY NAME TENDERED PRICE* Downey Ford Sales Ltd. $92,519.00 Dobson Chrysler Dodge Jeep Ram $94,646.00 *P ƩźĭĻ źƓĭƌǒķĻƭ ǝĻŷźĭƌĻ ğƓķ ƩĻƨǒźƩĻķ ƚƦƷźƚƓƭ 2) Tender no. 2016-232002T for the supply of two (2) municipal sidewalk tractors and accessories was issued on August 24, 2016 and closed on September 7, 2016 with the following submissions (excluding HST): COMPANY NAME TENDERED PRICE* Saunders Equipment Ltd. $249,000.00 MacFarlands Ltd. $259,927.12 Applied Pressure Inc. $345,487.27 *\[ƚƷ ƦƩźĭĻͲ źƓĭƌǒķĻƭ ƷƩğĭƷƚƩƭͲ ğƷƷğĭŷƒĻƓƷƭ ğƓķ ƩĻƨǒźƩĻķ ƚƦƷźƚƓƭ Staff of Materials Management, Fleet Management and Transportation and Environment Services have reviewed all of the tenders and have found them to be complete and formal in every regard. Staff believes that in each case the low tenderers have the necessary resources and expertise to supply the equipment, and recommend acceptance of their tenders. - 3 - The above processes are in accord Management support the recommendations being put forth. ATTACHMENTS None /h…b/L\[ w9thw M&C No. 2016-229 Report Date September 22, 2016 Meeting Date October 03, 2016 Service Area Growth and Community Development Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Proposed Public Hearing Date 105-115 Mountain View Drive and 65 University Avenue OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Mark Reade Jacqueline Hamilton Jeff Trail RECOMMENDATION That Common Council schedule the public hearing for the rezoning applications of Hughes Surveys and Consultants on behalf of Threshold Ministries (105-115 Mountain View Drive) and Aurora Property Management Ltd. (65 University Avenue) for Monday, October 31, 2016 at 6:30 p.m. in the Council Chamber, 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 39 amendment applications received and to recommend an appropriate public hearing date. The next available public hearing date is Monday, October 31, 2016. 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 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. - 2 - STRATEGIC ALIGNMENT facilitate investment and development in Saint John while maintaining City standards that align with Plan rezoning and Section 39 amendments is a requirement of the Community Planning Act. REPORT indicates the rezoning and Section 39 amendment applications received and recommends an appropriate public hearing date. Details of the applications are 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 Hughes Surveys 105-115 Neighbourhood Low-Rise To permit the and Consultants Mountain View Community Residential existing townhouses on behalf of Drive Facility (CFN) (RL) to be used as a Threshold residential use Ministries independent of the existing ministry office Aurora Property 65 University Neighbourhood General To permit a real Management Avenue Community Commercial estate brokerage Ltd. Facility (CFN) (CG) office 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 None. /h…b/L\[ w9thw M&C No. 2016-233 Report Date September 27, 2016 Meeting Date October 03, 2016 Service Area Growth and Community Development Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: 2016 Census Place of Work Consortium Letter of Agreement OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Kristen Flood Phil Ouellette, Jacqueline Jeff Trail Hamilton RECOMMENDATION Staff recommends that Common Council: 1. Direct the City Manager to execute the 2016 Census Place of Work Consortium Letter of Agreement. EXECUTIVE SUMMARY Staff are presenting the 2016 Census Place of Work Consortium Letter of Participating in the consortium involves paying a fee of $3,522.11 and applicable taxes to have Census Place of Work data coded below the Census Subdivision level. This data will be used to inform demographic and transportation planning, which in turn will support strategic economic growth for the City of Saint John. PREVIOUS RESOLUTION There is no previous resolution related to this matter. STRATEGIC ALIGNMENT Executing this agreement will support ongoing evidence-based decision-making within the City of Saint John. - 2 - REPORT On June 3, 2016, staff from the Census Operations Division of Census Canada contacted City staff to extend an opportunity to participate in the 2016 Census Place of Work data consortium. Participating in the consortium involves paying a fee of $3,522.11 plus applicable taxes to have Census place of work data coded below the Census Subdivision level. Statistics Canada has coded data down to the block and block face levels for Census Metropolitan Areas (CMA) and Census Agglomerations (CA), and to the Census Subdivision level for non-CMA/CA areas. If the City participates in the consortium, it will receive approximately 24 to 26 Place of Work and related data tables at the Census Subdivision level and Census Tract Level (the data would be released in four phases from the release date of the final Census data). In order to proceed with the execution of the agreement, Staff are presenting the 2016 Census Place of Work Consortium Letter of Agreement for Common . SERVICE AND FINANCIAL OUTCOMES This data will be used to inform demographic and transportation planning, which in turn will support strategic economic growth for the City of Saint John. Funding to support this data acquisition is available in the Growth and Community Planning Services budget. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS No input was received from other service areas or stakeholders ATTACHMENTS Letter of Agreement Dept No: IS Org Code: IS Ref Code: Letter of Agreement Between The Minister of Innovation, Science and Economic Development, designated as the Minister for the purpose of the Statistics Act, (hereinafter referred to as Statistics Canada) AND City of Saint John Documents included in the Letter of Agreement The parties agree as follows: 1. This Letter of Agreement consists of: a. This document signed by the parties; Effective Date 2. The effective date of this agreement is the date it is executed by the parties. 2016-05-10 (Y-M-D) Description of work and date of completion 3. Between the effective date of this Letter of Agreement and 2018-06-05 (Y-M-D) Statistics Canada will carry . This product is categorized as Custom Request & Workshops. 4. City of Saint John shall pay Statistics Canada the sum of $3,522.11 plus applicable taxes in accordance with g used is of Fixed Cost. Notices / Addresses of parties: Any notices required to be given under this Letter of Agreement shall be addressed as follows: In the case of: In the case of: Statistics Canada City of Saint John Sri Kanagarajah Jacqueline Hamilton 170 Tunney's Pasture Driveway, Jean Talon Building, 2nd Floor, Section C 10th Floor, City Hall, PO Box 1971 Ottawa, ON, K1A 0T6 Saint John, NB, E2L 4L1 Phone No: (613)266-1774 Phone No: (506) 658-2835 Fax No: (613)951-4210 Fax No: Email: sri.kanagarajah@canada.ca Email: jacqueline.hamilton@saintjohn.ca FRC: 84642 - P.E: 6672 - ID: 49510 This Letter of Agreement has been executed on behalf of Statistics Canada and City of Saint John by their respective authorized officers. Statistics Canada Recoverable Project Initiation Authority Financial Officer (initials) ______ Date Y-M-D ____________ ___________________________________________ Date Y-M-D ____________ Statistics Canada / Marc Hamel, Director General / Census Program Branch Recoverable Project Transaction Authority ___________________________________________ Date Y-M-D ____________ Statistics Canada / Revenue Management City of Saint John ___________________________________________ ____________________________ Date Y-M-D ____________ Name Jacqueline Hamilton Title (please print) The signatory above must have the legal capacity to sign on behalf of his/her organization. Page 1 of 15 Schedule A Description of Work and Date of Completion Date Y-M-D Description of Work PROJECT TITLE: 2016 Census of Population, Long Form, Place of Work (POW) Consortium 2016-05-10 to INTRODUCTION: 2018-06-05 This contract covers the costs that Statistics Canada will incur to code, process, edit and produce a set of core tabulations for Place of Work data for Canada, provinces, territories, census metropolitan areas (CMA), tracted census agglomerations (CA), census subdivisions and census tracts (CT). The process will be conducted using the full 2016 Census long form responses of the population aged 15 years and over, who worked since January 1, 2015. It will enable place of work/place of residence data to be linked to the 2016 Census of Population Place of Work data, and coded on the Census database as a workplace variable. BACKGROUND INFORMATION: Current Treasury Board funding permits Statistics Canada to code Place of Work Census responses to the municipal (census subdivision (CSD)) level of geography only. Statistics Canada has proposed that the cost of coding below the municipal (CSD) level be borne by the users of the data. For the 2016 Census, it was agreed that Statistics Canada would sign a contract directly with those provinces/territories or municipalities who elected to continue to participate in the sub-municipal level coding of Place of Work data. DESCRIPTION: On May 10, 2016, Census Day in Canada, a sample of households will complete the mandatory Census of Population long-form questionnaire. The long form contains questions that ask for information about the household members' place of work. This contract pertains to the post-collection coding activities of the place of work data, at the sub-municipal level of geography for CMA, tracted CA and CT and the production and dissemination of predefined custom tabulations outlined under deliverables of section Phase 6 - Dissemination. The process will be conducted using the census long form sample of person's 15 years of age or older who were employed at some time since January 1, 2015. Statistics Canada will conduct a coding operation and produce tabular output. PROJECT PHASES: PHASE 1 - PREPARATION OF REFERENCE MATERIALS Statistics Canada will be responsible for the development of the Place of Work Auto-coding System as well as the creation of all electronic coding reference materials required for coding. PHASE 2 - CODING OF RESPONSES Data capture and coding will be conducted on the place of work and name of employer responses from the 2016 Census of Population, long form questionnaires for the population, 15 years of age and over who have worked at some time since January 1, 2015. Statistics Canada will code the Place of Work census responses by automated and computer assisted means, to a block-face or block level in Census Metropolitan Areas and tracted census agglomerations (large urban areas) and a census subdivision level in non-tracted census agglomerations (small urban areas). This will allow for further aggregation of the data to both standard geographical areas (such as census tracts) and to non-standard areas (such as traffic zones). PHASE 3 - EDIT AND IMPUTATION This phase involves the loading of coded Place of Work variables into processing databases, and the subsequent edit, imputation and weighting of the data. PHASE 4 - CERTIFICATION This phase involves the quality assurance of data before release and the preparation of a certification report. PHASE 5 - DOCUMENTATION Statistics Canada will provide relevant documentation with the data that will explain how the data were collected and processed as well as any relevant information about quality that users should be aware of when using the data. PHASE 6 - DISSEMINATION As part of this Contract, Statistics Canada will also provide a core set of data tabulations at the census subdivision and census tract levels of geography. The medium of dissemination will be Electronic File Transfer (EFT). Long form census Place of Work variable dissemination and data delivery of the tables will be phased out from day of release of these Page 2 of 15 variables. The planned data delivery dates are as follows: 1. November 29, 2017: Tables 9, 10, 11 and 12 2. January 30, 2018: Tables 1, 2, 3, 4, 14, 15, 16 and 17 3. April 10, 2018: Tables 3: 5, 6, 7, 8, 13, 18, 19, 20, 21, 22 and 23 4. June 5, 2018: Tables 24, 25 and 26 Below is a list of the deliverables from the 2016 Census of Population (Long Form). Data quality and variable availability permitting, Statistics Canad planning assumption is to provide the same tables as produced from the last cycle namely 2011 NHS. Further details on table/variable specifications will be provided when more details on the 2016 Census are available. DELIVERABLES: 2016 Place of Work Consortium Tables These tables will be produced for the following geographic areas: - Canada, Provinces, Territories, Census Divisions and Census Subdivisions - Census Metropolitan Areas, Tracted Census Agglomerations and Census Tracts Place of Residence Tabulations: Table number and title (Table titles maybe amended to reflect guidelines and standards for the 2016 Census of Population.) 1. Place of Work Status (7), Industry - North American Industry Classification System 2012 (21) and Work Activity in 2015 (4) for the Employed Labour Force 15 Years and Over, in Private Households, 2016 Census - 25% Sample Data 2. Place of Work Status (7), Occupation - National Occupational Classification 2011 (11) and Work Activity in 2015 (4) for the Employed Labour Force 15 Years and Over, in Private Households, 2016 Census - 25% Sample Data 3. Place of Work Status (7) and Total Income Groups (13) for the Employed Labour Force 15 Years and Over, in Private Households, 2016 Census - 25% Sample Data 4. Place of Work Status (7) and Employment Income Groups (13) for the Employed Labour Force 15 Years and Over, in Private Households, 2016 Census - 25% Sample Data 5. Place of Work Status (7), Age Groups (15) and Sex (3) for the Employed Labour Force 15 Years and Over, in Private Households, 2016 Census - 25% Sample Data 6. Place of Work Status (7) and Language Spoken Most Often at Home (17) for the Employed Labour Force 15 Years and Over, in Private Households, 2016 Census - 25% Sample Data 7. Place of Work Status (3B), Mode of Transportation (17), Time Leaving for Work (16) and Commuting Duration (5) for the Employed Labour Force 15 Years and Over Having a Usual Place of Work or No Fixed Workplace Address, in Private Households, 2016 Census - 25% Sample Data 8. Place of Work Status (7), Highest Certificate, Diploma or Degree (14) and Sex (3) for the Employed Labour Force 15 Years and Over, in Private Households, 2016 Census - 25% Sample Data Place of Residence Tabulations, different universe The following tables are for different universes than the employed labour force: 9. Age (131) and Sex (3) for the Population, 2016 Census 10. Age Groups (20) and Sex (3) for Institutional Residents Under Care or Custody, 2016 Census 11. Age Groups of Primary Household Maintainer (15), Sex of Primary Household Maintainer (3), Structural Type of Dwelling (10) and Housing Tenure (4) for the Private Households, 2016 Census - 25% Sample Data 12. Labour Force Status (4), Age Groups (15) and Sex (3) for Population 15 Years and Over, in Private Households, 2016 Census - 25% Sample Data 13. Mobility Status 5 Years Ago (9), Mother Tongue (8), Age Groups (16) and Sex (3) for the Population Aged 5 Years and Over in Private Households, 2016 Census - 25% Sample Data Place of Work Tabulations: Table number and title 14. Place of Work Status (3), Industry - North American Industry Classification System 2012 (21) and Work Activity in 2015 (4) for the Employed Labour Force 15 Years and Over Having a Usual Place of Work or Working at Home, in Private Households, 2016 Census - 25% Sample Data Page 3 of 15 15. Place of Work Status (3) and Occupation - National Occupational Classification 2011 (11) for the Employed Labour Force 15 Years and Over Having a Usual Place of Work or Working at Home, in Private Households, 2016 Census - 25% Sample Data 16. Place of Work Status (3) and Total Income Groups (13) for the Employed Labour Force 15 Years and Over Having a Usual Place of Work or Working at Home, in Private Households, 2016 Census - 25% Sample Data 17. Place of Work Status (3) and Employment Income Groups (13) for the Employed Labour Force 15 Years and Over Having a Usual Place of Work or Working at Home, in Private Households, 2016 Census - 25% Sample Data 18. Place of Work Status (3), Age Groups (15) and Sex (3) for the Employed Labour Force 15 Years and Over Having a Usual Place of Work or Working at Home, in Private Households, 2016 Census - 25% Sample Data 19. Place of Work Status (3) and Language Spoken Most Often at Home (17) for the Employed Labour Force 15 Years and Over Having a Usual Place of Work or Working at Home, in Private Households, 2016 Census - 25% Sample Data 20. Place of Work Status (5) for the Employed Labour Force 15 Years and Over Having a Usual Place of Work or Working at Home, in Private Households, 2016 Census - 25% Sample Data 21. Mode of Transportation (17), Time Arriving at Work (16) and Commuting Duration (5) for the Employed Labour Force 15 Years and Over Having a Usual Place of Work, in Private Households, 2016 Census - 25% Sample Data 22. Place of Work Status (3),Highest Certificate, Diploma or Degree (14) and Sex (3) for the Employed Labour Force 15 Years and Over Having a Usual Place of Work or Working at Home, in Private Households, 2016 Census - 25% Sample Data 23. Place of Work Status (3), Work Activity in 2015 (4), Age Groups (17) and Sex (3) for the Employed Labour Force 15 Years and Over Having a Usual Place of Work or Working at Home, in Private Households, 2016 Census - 25% Sample Data Commuting Flow Tabulations: Table number and title 24. Commuting Flow: Mode of Transportation (8), Sex (3) and Time Leaving for Work (5) for the Employed Labour Force 15 Years and Over Having a Usual Place of Work, in Private Households, 2016 Census - 25% Sample Data 25. Commuting Flow Census Subdivisions: Work Activity in 2015 (4) and Sex (3) for Employed Labour Force 15 Years and Over Having a Usual Place of Work, 2016 Census - 25% Sample Data 26. Commuting Flow: Mode of Transportation (8) and Commuting Duration (5) for the Employed Labour Force 15 Years and Over Having a Usual Place of Work, in Private Households, 2016 Census - 25% Sample Data Documentation: Statistics Canada will provide relevant documentation with the data that will explain how the data were collected and processed as well as any relevant information about quality that users should be aware of when using the data. Documentation will include information on coding of responses, edit and imputation of data and steps taken regarding quality assurance before release of the data tables. LIST OF VARIABLES FOR CROSS TABULATIONS Place of work status (3) 1. Total - Place of work status 1=2+3 2. Worked at home 3. Usual place of work Place of work status (3B) 1. Total - Place of work status 1=2+3 2. No fixed workplace address 3. Usual place of work Place of work status (5) 1. Total - Place of work status 1=2+3 2. Worked at home 3. Usual place of work 3=4+5 4. Inside province/territory of residence 5. Outside province/territory of residence Page 4 of 15 Place of work status (7) 1. Total - Place of work status 1=2+3+4+5 2. Worked at home 3. Worked outside Canada 4. No fixed workplace address 5. Usual place of work 5=6+7 6. Inside province/territory of residence 7. Outside province/territory of residence Work activity in 2015 (4) 1. Total - Work activity in 2015 1=2+3+4 2. Worked mostly full time, full year 3. Worked mostly part time and/or part year 4. Did not work in 2015 Labour force status (4) 1. Total - Labour force status 1=2+3+4 2. Employed 3. Unemployed 4. Not in labour force Mode of transportation to work (8) 1. Total - Mode of transportation 1=2+3+4+5+6+7+8 2. Car, truck, van, as driver 3. Car, truck, van, as passenger 4. Public transit 5. Walked 6. Bicycle 7. Motorcycle, scooter or moped 8. Other modes Mode of transportation to work (17) 1. Total - Mode of transportation 1=2+6+10+15+16+17+18 2. Car, truck or van as driver 2=3+4+5 3. Drove alone 4. 2 people 5. 3 or more people 6. Car, truck or van as passenger 6=7+8 7. 2 people 8. 3 or more people 9. Public transit 9=10+11+12+13 10. Bus 11. Subway or elevated rail 12. Light rail, streetcar or commuter train 13. Passenger ferry 14. Walked 15. Bicycle 16. Motorcycle, scooter or moped 17. Other modes Time leaving for work (16) 1. Total - Time leaving for work 2. 5:00 a.m. to 5:29 a.m. 3. 5:30 a.m. to 5:59 a.m. 4. 6:00 a.m. to 6:29 a.m. 5. 6:30 a.m. to 6:59 a.m. 6. 7:00 a.m. to 7:29 a.m. 7. 7:30 a.m. to 7:59 a.m. 8. 8:00 a.m. to 8:29 a.m. 9. 8:30 a.m. to 8:59 a.m. 10. 9:00 a.m. to 9:59 a.m. 11. 10:00 a.m. to 10:59 a.m. 12. 11:00 a.m. to 11:59 a.m. 13. 12:00 p.m. to 3:59 p.m. 14. 4:00 p.m. to 7:59 p.m. 15. 8:00 p.m. to 11:59 p.m. 16. 12:00 a.m. to 4:59 a.m. Time leaving for work (5) 1. Total - Time leaving for work 1=2+3+4+5 2. 5:00 a.m. to 6:59 a.m. 3. 7:00 a.m. to 8:29 a.m. 4. 8:30 a.m. to 9:59 a.m. 5. 10:00 a.m. to 4:59 a.m. Page 5 of 15 Time arriving at work (16) 1. Total - time arriving at work 2. 5:00 a.m. to 5:29 a.m. 3. 5:30 a.m. to 5:59 a.m. 4. 6:00 a.m. to 6:29 a.m. 5. 6:30 a.m. to 6:59 a.m. 6. 7:00 a.m. to 7:29 a.m. 7. 7:30 a.m. to 7:59 a.m. 8. 8:00 a.m. to 8:29 a.m. 9. 8:30 a.m. to 8:59 a.m. 10. 9:00 a.m. to 9:59 a.m. 11. 10:00 a.m. to 10:59 a.m. 12. 11:00 a.m. to 11:59 a.m. 13. 12:00 p.m. to 3:59 p.m. 14. 4:00 p.m. to 7:59 p.m. 15. 8:00 p.m. to 11:59 p.m. 16. 12:00 a.m. to 4:59 a.m. Commuting duration (5) 1. Total - Commuting duration 1 = 2+3+4+5 2. Less than 30 minutes 3. 30 to 59 minutes 4. 60 to 89 minutes 5. 90 minutes or more Sex (3) 1. Total - Sex 1=2+3 2. Male 3. Female Industry - North American Industry Classification System 2012 (21) 1. Total - Industry - 2. 11 Agriculture, forestry, fishing and hunting 3. 21 Mining and oil and gas extraction 4. 22 Utilities 5. 23 Construction 6. 31-33 Manufacturing 7. 41 Wholesale trade 8. 44-45 Retail trade 9. 48-49 Transportation and warehousing 10. 51 Information and cultural industries 11. 52 Finance and insurance 12. 53 Real estate and rental and leasing 13. 54 Professional, scientific and technical services 14. 55 Management of companies and enterprises 15. 56 Administrative and support, waste management and remediation services 16. 61 Educational services 17. 62 Health care and social assistance 18. 71 Arts, entertainment and recreation 19. 72 Accommodation and food services 20. 81 Other services (except public administration) 21. 91 Public administration Occupation - National Occupational Classification 2011 (11) 1. Total - Occupation - National Occupational Classification 2011 1=2+3...+11 2. 0 Management occupations 3. 1 Business, finance and administration occupations 4. 2 Natural and applied sciences and related occupations 5. 3 Health occupations 6. 4 Occupations in education, law and social, community and government services 7. 5 Occupations in art, culture, recreation and sport 8. 6 Sales and service occupations 9. 7 Trades, transport and equipment operators and related occupations 10. 8 Natural resources, agriculture and related production occupations 11. 9 Occupations in manufacturing and utilities Page 6 of 15 Total income groups (13) 1. Total - Income Groups 1=2+3 2. Without income 3. With income (includes negative income) 3=4+5+6...+11 4. Less than $10,000 (including loss) 5. $10,000-19,999 6. $20,000-29,999 7. $30,000-39,999 8. $40,000-49,999 9. $50,000-59,999 10. $60,000-79,999 11. $80,000 and over 12. Average income 13. Median income Employment income groups (13) 1. Total - Employment income groups 2. Without employment income 3. With employment income 4. Under $10,000 (including loss) 5. $10,000 to $19,999 6. $20,000 to $29,999 7. $30,000 to $39,999 8. $40,000 to $49,999 9. $50,000 to $59,999 10. $60,000 to $79,999 11. $80,000 and over 12. Average employment income $ 13. Median employment income $ Age groups (15) 1. Total - Age groups 1=2+3+4...+13 2. 15 to19 years 3. 20 to 24 years 4. 25 to 29 years 5. 30 to 34 years 6. 35 to 39 years 7. 40 to 44 years 8. 45 to 49 years 9. 50 to 54 years 10. 55 to 59 years 11. 60 to 64 years 12. 65 to 69 years 13. 70 years and over 14. 18 to 64 years 14=(Age sub- 15. 25 to 54 years 15=4+5+6+7+8+9 Age groups (16) 1. Total - Age groups 2. 5 to 9 years 3. 10 to 14 years 4. 15 to 19 years 5. 20 to 24 years 6. 25 to 29 years 7. 30 to 34 years 8. 35 to 39 years 9. 40 to 44 years 10. 45 to 49 years 11. 50 to 54 years 12. 55 to 59 years 13. 60 to 64 years 14. 65 to 69 years 15. 70 to 74 years 16. 75 years and over 1=2+3+4+5+6+7+8+9+10+11+12+13+14+15+16 Page 7 of 15 Age groups (20) 1. Total - Age groups 1=2+3+4...+20 2. 0 - 4 years 3. 5 - 9 years 4. 10 - 14 years 5. 15 - 19 years 6. 20 - 24 years 7. 25 - 29 years 8. 30 - 34 years 9. 35 - 39 years 10. 40 - 44 years 11. 45 - 49 years 12. 50 - 54 years 13. 55 - 59 years 14. 60 - 64 years 15. 65 - 69 years 16. 70 - 74 years 17. 75 - 79 years 18. 80 - 84 years 19. 85 - 90 years 20. 90 years and over Age (131) 1. Total - Age1 2. 0 to 4 years 3. Under 1 year 4. 1 5. 2 6. 3 7. 4 8. 5 to 9 years . . . 130. 100 years and over 131. Median age 2 1. Includes institutional residents. 2. The median age is an age "x", such that exactly one half of the population is older than "x" and the other half is younger than "x". Language spoken most often at home (17) 1. Total - Language spoken most often at home 1=2+13 2. Single responses 2=3+4+5...+12 3. English 4. French 5. Italian 6. Portuguese 7. German 8. Chinese 9. Indo-Iranian Languages 10. Polish 11. Spanish 12. All other single responses 13. Multiple Responses 13=14+15+16+17 14. English and French 15. English and Non-Official Language 16. French and Non-Official Language 17. All other multiple responses Page 8 of 15 Age groups of primary household maintainer (15) 1. Total - Age groups of primary household maintainer 1=2+3+4...+13 2. 15 to19 years (Age sub-groups 15-17 years & 18-19 years. These sub-groups would be suppressed) 3. 20 to 24 years 4. 25 to 29 years 5. 30 to 34 years 6. 35 to 39 years 7. 40 to 44 years 8. 45 to 49 years 9. 50 to 54 years 10. 55 to 59 years 11. 60 to 64 years 12. 65 to 69 years 13. 70 years and over 14. 18 to 64 years 14=(Age sub-group 18- 15. 25 to 54 years 15=4+5+6+7+8+9 Sex of primary household maintainer (3) 1.Total - Sex of primary household maintainer 2. Male 3. Female Mobility status 5 years ago (9) 1. Total - Mobility status 5 years ago 2. Non-movers 3. Movers 4. Non-migrants 5. Migrants 6. Internal migrants 7. Intraprovincial migrants 8. Interprovincial migrants 9. External migrants 1=2+3 3=4+5 5=6+9 6=7+8 Mother tongue (8) 1. Total - Mother tongue 2. English 3. French 4. Non-official language 5. English and French 6. English and non-official language 7. French and non-official language 8 . English, French and non-official language 1=2+3+4+5+6+7+8 Housing tenure (4) 1. Total Housing tenure 2. Owned 3. Rented 4. Band housing Structural type of dwelling (10) 1. Total - Structural type of dwelling 2. Single-detached house 3. Semi-detached house 4. Row house 5. Apartment, duplex 6. Apartment, building that has five or more storeys 7. Apartment, building that has fewer than five storeys 8. Other single-attached house 9. Mobile home 10. Other movable dwelling Page 9 of 15 Highest certificate, diploma or degree (14) 1 Total Highest certificate, diploma or degree (1) 1=2+3 2 No certificate, diploma or degree 3 Certificate, diploma or degree 3=4+5+6+7 4 High school certificate or equivalent (2) 5 Apprenticeship or trades certificate or diploma 6 College, CEGEP or other non-university certificate or diploma (3) 7 University certificate, diploma or degree (4) 7=8+9 8 University certificate below bachelor level (5) 9 University certificate or degree 9=10+11+12+13+14 11 University certificate above bachelor level 12 Degree in medicine, dentistry, veterinary medicine or optometry 14 Earned doctorate (1) Highest certificate, diploma or degree - Refers to the highest certificate, diploma or degree completed based on a hierarchy which is generally related to the amount of time spent "in-class". For postsecondary completers, a university education is considered to be a higher level of schooling than a college education, while a college education is considered to be a higher level of education than in the trades. Although some trades requirements may take as long or longer to complete than a given college or university program, the majority of time is spent in on-the-job paid training and less time is spent in the classroom. (2) High school certificate or equivalent -Includes persons who have graduated from a secondary school or equivalent. Excludes persons with a postsecondary certificate, diploma or degree. Examples of postsecondary institutions include community colleges, institutes of technology, CEGEPs, private trade schools, private business colleges, schools of nursing and universities. (3) College, CEGEP or other non-university certificate or diploma -Referred to as 'Other non-university certificate or diploma' in previous censuses, this sector includes non-degree-granting institutions such as community colleges, CEGEPs, private business colleges and technical institutes. SPECIAL NOTES: a) For all tabulations containing data by place of residence, geographic areas with a total non-institutional population of less than 40 people, from either the 100% or sample databases, will be suppressed. If the tabulation includes income distribution, or related income statistics, then geographic area suppression is based on a count of fewer than 250 persons. b) For all tabulations containing data by workplace location, geographic areas with less than a total of 40 employed people working within them will be suppressed. If the tabulation includes income distribution, or related income statistics, then geographic area suppression is based on a count of fewer than 250 persons. c) For all tabulations the figures have been subjected to a confidentiality procedure known as random rounding to prevent the possibility of associating statistical data with any identifiable individual. Under this method, all figures, including totals and margins, are randomly rounded either up or down to a multiple of "5", and in some cases "10". Page 10 of 15 Schedule B Terms of Payment 1.Payment Schedule Billing Date Y-M-D Description of Deliverable / Milestone Payments Amount Deliverables: 2017-03-31 Statistics Canada will make every reasonable effort to produce and deliver all 26 place of work tabulations as per the scheduled dates outlined in this agreement. It should be understood that unforeseen delays in production and delivery are possible and that Statistics Canada reserves the right to adjust the data delivery schedules, if deemed appropriate. TERMS OF PAYMENT City of Saint John consortium member identified in Schedule A, agrees to pay Statistics Canada on or before the due dates noted below. Total cost of this fixed price contract is $3,522.11. Payment Schedule Due Date Y- M- D Amount 2017-03-31 $3,522.11 Plus HST 2017-03-31 $3,979.98 Total cost of this fixed price contract with HST is $3,979.98. Page 11 of 15 Schedule C General Terms and Conditions rently and in conformity with the provisions of federal legislation, notably, but not exclusively, the Statistics Act, the Privacy Act, the Access to Information Act and the Communications Policy of the Government of Canada. In addition, Statistics Canada operates transparently and in conformity with its internal management framework, notably, but not exclu to the Canadian public. ms and Conditions will General Terms and Conditions 1. General Definitions In these Terms and Conditions and in the Agreement: means the Purchase Confirmation or the Letter of Agreement, these Terms and Conditions and any other document specified or referred to as forming part of the Agreement, all as amended by agreement of the parties from time to time. means that the parties acknowledge that because of the nature of the services to be provided, some or all of the costs expressed above are a best estimate only. 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GST:R121491807 Dept.: 054 Page 15 of 15 September 14, 2016 5źƭĭƚǝĻƩ {ğźƓƷ WƚŷƓ To increase tourism revenues in Saint John by marketing our unique and competitive Mandate tourism experiences to high-potential markets. Destination marketing, Visitor information and Experience, Meeting and Primary Functions Convention Sales, Sports Tourism attraction, Festival and Events support and attraction, member services, Travel Trade Glenda MacLean, Hilton Saint John, representing the Saint John Hotel Association Name of Board Sue Palmer, Chateau Saint John, representing the Saint John Hotel Association Members Sally Blount, WorkSafe NB, representing the City of Saint John Judith Brown, Saint John Airport Inc., representing the City of Saint John David Drinnan, Nocturne, representing the City of Saint John Ray Gracewood, Organigram, representing the City of Saint John Greg Norton, City Councillor, representing the City of Saint John David Forestell, Slocum & Ferris, representing Industry Gilliane Nadeau, Uncorked Wine Tours, representing Industry Heather Peterson, Hardman Group, representing Industry Elizabeth Rowe, Urban Deli, representing Industry 8 Full-time (and seasonally 15 additional VIC staff) # of Staff $991,020 2016 CoSJ Subsidy Saint John Hotel Association - $633,510 Projected 2016 Other revenue (advertising and membership fees) - $114,000 revenue streams .Ǥ źƓǝĻƭƷźƓŭ źƓ ĻΏYźƚƭƉƭ ƚǒƩ źƭźƷƚƩ LƓŅƚƩƒğƷźƚƓ ƦƩƚŭƩğƒ źƭ ğĬƌĻ Ʒƚ Ʒƚǒĭŷ ƒƚƩĻ ǝźƭźƷƚƩƭ ƚǝĻƩ 2016 continuous ĻǣƷĻƓķĻķ ŷƚǒƩƭ Ʒŷǒƭ źƓĭƩĻğƭźƓŭ ƚǒƩ ƩĻğĭŷ ǞźƷŷƚǒƷ ƷğƉźƓŭ ƚƓ ƒƚƩĻ Iw ĻǣƦĻƓƭĻ͵ 5źƭĭƚǝĻƩ improvement {ğźƓƷ WƚŷƓ ŷğƭ ğƌƭƚ ğƦƦƌźĻķ ŅƚƩ {995 ğƓķ ƚƷŷĻƩ ƭƷǒķĻƓƷ ĻƒƦƌƚǤƒĻƓƷ ŅǒƓķźƓŭ ƚƦƷźƚƓƭ͵ υЊͲАЌБͲЎЌЉ Annual Budget —ĻğƩ Ʒƚ ķğƷĻ ƚǒƩ ƚƩŭğƓźǩğƷźƚƓ źƓ ƚƓ ƷƩğĭƉ ǞźƷŷ ƚǒƩ ǞƚƩƉƦƌğƓƭ ğƓķ ƚƓ ĬǒķŭĻƷ Response to YTD Actuals Membership Goals High-Level 2016 Performance/Service # of New Contacts Generated Objectives # of FAM/Site Visit Participants # of Leads Generated # of Bids Submitted # of Successful Bids Please see attached YTD Performance/ Service Targets Administratively and financially supported the exceptionally successful AREA 506 Recent accomplishments Festival in July 2016 Launched Saint John Walking Tour app Won bid to host Rogers Hometown Hockey for October 2016 Won bid to host the 2017 Canadian National Baton Twirling Federation July 2017 Featured in Globe and Mail August 2016 http://tinyurl.com/gsxqptf Won bid for 2018 Royal Architecture Institute of Canada Festival Won bid to host 2017 QMJHL Draft Continuing to work with partners on interpretive and directional signage around Emerging Issues City of SJ Continuing to work partners on accessibility issues within Market Square, Trade and Convention Centre and other areas around the City of SJ Partnerships between Discover Saint John and its municipal counterparts are strong Summary of primary take-aways for and healthy Common Council Tourism is big business and employs 1 in 10 in our region Q2 Statistics on KPIs Attachments Discover Saint John Report to Common Council City of Saint John Q2 Statistics July 2016 MEETINGS & CONVENTIONS Measurement Q2 2016 YTD 2016 Target # of New Contacts Generated 171 200 # of FAM/Site Visit Participants 18 30 \[Ļğķƭ # of Leads Generated 22 35 4320 8141 $3,530,123 .źķƭ # of Bids Submitted 17 20 6795 m Nights 8110 $4,225,013 ‘źƓƭ # of Successful Bids 7 4005 2550 $1,908,115 \[ƚƭƷΉ/ğƓĭĻƌƌĻķ 9ǝĻƓƷƭ # of Lost or Cancelled Events 13 6770 8275 $3,796,815 Leads in Lead Status : 10 Leads in Bid (Development) Status : 17 MAJOR EVENTS Measurement Q2 2016 YTD 2016 Target # of New Contacts Generated 102 100 # of FAM/Site Visit Participants 0 0 \[Ļğķƭ # of Leads Generated 7 15 tors 9,230 29,410 4,885 $5,752,975 .źķƭ # of Events in Development 3 5 tors 5,700 6,700 300 $544,300 ‘źƓƭ Discover Saint John Report to Common Council City of Saint John Q2 Statistics July 2016 # of Events Established 5 1 tors 16,200 32,200 599 $2,466,516 \[ƚƭƷΉ/ğƓĭĻƌƌĻķ 9ǝĻƓƷƭ # of Lost or Cancelled Events 6 tors 18,555 189,710 10,090 $21,215,810 Leads in Lead Status : 7 Leads in Bid (Development) Status : 1 SPORT EVENTS Measurement Q2 2016 2016 2016 Target # of New Contacts Generated 50 50 # of FAM/Site Visit Participants 4 6 \[Ļğķƭ # of Leads Generated 16 20 f Participants & Spectators 28,156 221,064 11,699 $19,876,515 .źķƭ # of Bids Submitted (with Champions) 6 8 2,945 pant Days 4,015 905 .Estimated Economic Impact $619,015 ‘źƓƭ # of Successful Bids (with Champions) 7 4 2,755 4,135 655 $765,415 \[ƚƭƷΉ/ğƓĭĻƌƌĻķ 9ǝĻƓƷƭ # of Lost or Cancelled Events 13 11,888 88,218 5,575 $7,821,240 Leads in Lead Status : 9 Discover Saint John Report to Common Council City of Saint John Q2 Statistics July 2016 Leads in Bid (Development) Status : 0 TRAVEL TRADE Measurement 2016 YTD 2016 Target # of Marketplace Appointments 39 80 # of New Tour Operator Contacts 74 15 # of FAM Tour/Site Visit Participants 25 13 August 2016 ABC Written Submission Mark Sherman Terri Riedle Andrew Oland GaryLawson Mary Keith Jack Keir Charlie Harling Michael Barry Martin Chiasson Paulette Hicks Larry Hachey Regional Oversight CommitteeÈs skills matrix for Enterprise Saint John Board exist in our (independent A good understanding/experience of the global economic challenges, trends and opportunities.A good understanding of the competitive environment that currently exists between cities and provinces for economic development.A good understanding of the current weaknesses and opportunities that local economic environment.Recognized as a successful business, educational or community leader in our region; if new to the community, be seen to bring a valuable and different perspective.Good business acumenA proven track record of successExperience serving on boardsResults orientedAble to function in a board environment thinking skills, values the opinions of others)Good communications and relationship skillsPrepared to actively participate, with a sense of urgency, in fulfilling board responsibilitiesCommitted to maintaining confidentiality of information received at the board level. Wednesday, September 21, 2016 Richard Evans City of Saint John richard.evans@saintjohn.ca Re: Harbour Station ABC Report Dear Richard, As outlined in your e-mail, attached is a copy of information forwarded to th the Saint John Regional Facilities Commission on September 8, 2016. Regards, H ARBOUR S TATION Michael Caddell General Manager MC:lm Enc. Friday, June 3, 2016 Saint John Regional Facilities Commission Dear Members: We are pleased to provide an information update on Harbour Station 2015 operations and fiscal highlights. Although the building was busy in 2015 with event days, due to the economic environment, there was a decrease in attendance for both of our major tenants. In 2015 the facility experienced its slowest concert-year since opening; hosting only two concerts and both were half-house. All concert performers are paid in American dollars, and subsequently, the exchange rate is a major challenge for the facility. There have also been a number of revenue shortfalls due to fewer monthly parkers and concession per caps; and an increase in snowplowing. With all of the noted challenges, in 2015 - the facility had a shortfall of $78,000 versus budget. A total of approximately 400,000 people attended the following events. Concerts o The Price is Right o Paul Brandt and Dean Brody Competitions o Charles Gorman Speed Skating Championships o East Coast Cheerleading o New Brunswick Provincial Final 12 Basketball; as well as o Dance Quest Tradeshows o Atlantic National Home Show o Leisure Time RV Show o Paderno o o Pine Acres RV and Boat Show In addition, we also hosted: o Campbell Amusements Midway o NBCC Graduation o Monster Trucks o Jury Selection o Irving Oil Meetings Saint John Sea Dogs o The Sea Dogs team was eliminated in the first round of the playoffs; 2015 was a year of rebuilding. o A five-year extension of the Harbour Station/Sea Dogs contract was ratified. Saint John Mill Rats o The Mill Rats team has just completed its fifth year at Harbour Station and will hopefully now start contract negotiations to extend the lease. Saint John Regional Facilities Commission Page: 2 June 3, 2016 Labour Harmony o Labour harmony continues between the Harbour Station Management staff and CUPE Local 3985. Year twenty of the Collective Agreement is commencing and to date there have not been any grievances filed. o A five-year extension to the Agreement has been signed. In the first four months of 2016, Harbour Station exceeded its expectations. o The Hockey Team made the playoffs and had nine additional games; o The Mill Rats Team had four playoff games; o The facility hosted three major concertsin April, Johnny Reid and James Mullinger (both of which were close to capacity) and in May, James Taylor (a sold-out show). As of the end of April, Harbour Station is approximately $50,000 better than budget due to these additional events. A number of tentative concerts are currently on the books for the fall of this year and, if these materialize, budget will be met. We are also pleased to advise you that there are a number of tentative events booked for the facility in 2017; Saint John will be hosting the East Coast Music Awards in April; and, there are three proposals in the works for National events. On behalf of the Harbour Station Commission and Staff, we appreciate your ongoing support. Sincerely, Michael Caddell General Manager H ARBOUR S TATION Harbour Station 2017 Operating Budget Presented to the Greater Saint John Regional Facilities Commission September 8, 2016 2017 Operating Budget 1) 2017 Projected Event Days 2) 2017 Projected Attendance 3) Total Attendance 2011 - 2017 4)2017 Operating Budget 2017 Projected Event Days End of June 20152016201620162017 (Actual)(Actual)(Budget)(Budget)(Budget) QMJHL Hockey4124153737 Millrats Basketball1422161620 Other Sporting Events1552122 Family Entertainment23149911 Concerts14245 Convention/Trade Shows3328222826 Total1279766106101 QMJHL Hockey Convention/Trade 36% Shows 26% Concerts 5% Family Entertainment 11% Other Sporting Events 2% Millrats Basketball 20% 2017 Projected Attendance End of June 20152016201620162017 (Actual)(Actual)(Budget)(Budget)(Budget) QMJHL Hockey 142,165 100,145 48,000 117,000 117,000 Millrats Basketball2774335362 20,800 20,800 26,000 Other Sporting Events114976504 2,000 2,000 2,000 Family Entertainment 63,258 34,836 30,500 30,500 32,500 Concerts 2,640 15,744 6,500 16,000 20,000 Convention/Trade Shows 11,794 7,916 23,500 32,500 29,000 Total 259,097 200,507 131,300 218,800 226,500 Convention/Trade Shows 13% Concerts 9% QMJHL Hockey Family 52% Entertainment 14% Other Sporting Millrats Events Basketball 1% 11% Total Attendance 2011 - 2017 End of June 201120122013201420152016201620162017 ActualActualActualActualActualActualBudgetBudgetBudget QMJHL 208,053 200,976 126,602 132,311 142,165 100,145 48,000 117,000 117,000 Millrats Basketball 59,483 44,520 47,825 32,902 27,743 35,362 20,800 20,800 26,000 Other Hockey - - - - - Other Sporting Events 10,278 12,788 23,267 54,752 11,497 6,504 2,000 2,000 2,000 Family Entertainment 55,263 50,153 48,838 49,341 63,258 34,836 30,500 30,500 32,500 Concerts 23,063 37,355 31,285 16,024 2,640 15,744 6,500 16,000 20,000 Convention/Trade Shows 10,171 12,800 12,065 13,511 11,794 7,916 23,500 32,500 29,000 Total Attendance 366,311 358,592 289,882 298,841 259,097 200,507 131,300 218,800 226,500 400,000 350,000 300,000 250,000 200,000 2011 Actual 2012 Actual 150,000 2013 Actual 2014 Actual 100,000 2015 Actual 2016 Budget 50,000 2017 Budget 0 2017 Operating Budget End of June 20152016201620162017 ActualActualBudgetBudgetBudget Revenue Events 1,088,700 730,631 579,537 1,152,845 1,172,981 Food & Beverage 810,173 689,638 426,651 856,077 913,615 Advertising 215,346 102,650 111,440 222,880 212,880 Monthly Parking 312,518 171,902 149,000 303,200 327,200 Other 9,838 8,729 6,600 13,200 13,200 Gross Revenue 2,436,575 1,703,550 1,273,228 2,548,203 2,639,876 F & B Cost of Goods Sold 316,834 264,440 165,456 333,913 356,971 Net Revenue 2,119,741 1,439,110 1,107,772 2,214,290 2,282,904 Expenses Wages and Benefits 1,585,509 962,698 817,038 1,598,082 1,646,758 Food and Beverage 265,119 166,915 130,585 261,750 275,611 Utilities 246,388 127,706 106,318 241,901 245,498 Maintenance 185,214 95,692 83,434 159,470 159,470 Supplies 51,289 29,915 35,639 70,266 60,902 Marketing and Promotions 59,308 42,152 50,600 104,650 104,650 General 22,434 32,626 25,100 62,900 78,900 Credit Card Fees 57,120 51,420 34,731 45,131 65,193 Travel 3,822 5,526 5,500 15,400 15,400 Telephone 64,620 31,552 31,800 63,600 63,600 Financing 68,089 - - - - Sea Dogs Revenue Sharing 259,469 142,970 79,530 253,370 260,126 Insurance 36,763 13,040 20,898 41,796 27,804 Total Expenses 2,905,144 1,702,212 1,421,173 2,918,316 3,003,913 Investment in the Community (785,403) (263,102) (313,401) (704,026) (721,009) ABC Written Submission September 15, 2016 SAINT JOHN BOARD OF POLICE COMMISSIONERS The Saint John Board of Police Commissioners is the governance authority for the Police Force. The role of the Board is to establish a vision and actionable objectives for the Mandate community, to provide oversight (including complaints) and to ensure accountability in the application of Police resources to accomplish the objectives. The Saint John Board of Police Commissioners has a responsibility under the Police Act to so the municipality can budget the necessary money. In determining what constitutes an Primary Functions adequate police force, the Board (in consultation with the Chief of Police) has established priorities and objectives. The Saint John Board of Police Commissioners comprises seven members. Six members are appointed by Common Council. Two of these may also be members of Common Council. The seventh member is appointed by the Minister of Public Safety. Appointments Saint John Board of Police Commissioners Appointed by the Minister of Public Safety letter Anne-Marie Mullin dated May 25, 2015 three year term effective May Chair 25, 2015 May 25, 2018 Appointed by Common Council on July 21, 2014 for a Jennifer Carhart three year term - July 21, 2014 to July 21, 2017. Vice Chair Name of Board Appointed by Common Council on August 18, 2014 Members Brian Boudreau for a three year term - August 18, 2014 - August 18, Secretary 2017. Appointed by Common Council on January 11, 2016 for a three year term January 12, 2016 January Mike Haycox 11, 2019. Appointed from July 25, 2016 to the end of his term Mayor Don Darling in May 2020. Appointed by Common Council on July 25, 2016 for a Councillor Gary Sullivan two year term - July 25, 2016 to July 25, 2018. 151 police / 29 civilians # of Staff $23,519,759 2016 CoSJ Subsidy $700,000 Projected 2016 Revenue Streams Continued Service Delivery Polygraphist; Collaborating with Horizon Health Mental 2016 Continuous Health Services; Critical Incident Commander; ETS; Public Order; Community Services Improvement $24,219,759 Annual Budget Response to YTD The Saint John Police Force is expected to be on Budget for 2016. Actuals Crime Reduction Emergency Response High-Level 2016 Law Enforcement Performance/Service Victim Services Objectives Public Order Crime Reduction; YTD Performance/ Effectiveness Efficiency Economy process improvement metrics. Service Targets Training Public Order; Use of Force; Mental Health; Immediate Action Rapid Deployment; Recent/Concurrent Mental Health Collaboration with UNB; Accomplishments E and R III Media Solve Commander Basic Tactical R2MR Collaborative Integration: 1. Street Crime Unit 2. Emergency Tactical Services 3. Fundy Integrated Intelligence Unit 4. Ad hoc Homicide Investigation Emerging Issues Mapping; Radio System; Automatic Vehicle Locater; Syrian Refugees; Contract Negotiations; Mental Health & Wellness of Members; Carleton University Research Study; Police Cloud (cloud computing); Police Service Collaboration. The Saint John Board of Police Commissioners is focused on providing excellent service to Summary of Primary our citizens in order to ensure they are safe and feel safe, which will also provide the right environment to drive economic growth in our city - DƩƚǞ{W. We are also very focused on Take-Aways for driving efficiencies, through planning, collaboration and strong management practices. Common Council Saint John Board of Police Commissioners Skills Matrix September, 2016 3 1 1 1 2 2 MULLINCARHARTBOUDREAUHAYCOXDARLING SULLIVAN Current term May July August January May July expiry 2018 2017 2017 2019 2020 2018 Legal X Financial X X X X X X Understanding X X X X X X of Governance Communications X X X X X X Organizational X X X X X X Effectiveness Knowledge of X X X policing Attachments Leadership X X X X X X Technology X X Business X X X X Efficiencies Mental Health X X X X Knowledge Composition of the Board (7 members) 1. Six Members appointed by Saint John Common Council; 2. Two of these may be members of Council; 3. Appointed by the Minister of Public Safety. Terms are up to 4 years with maximum of 10 years consecutive service. Saint John Development Corporation September 2016 Ώ bğƒĻ Ώ To develop, promote, encourage, co-ordinate, assist and advance the commercial, Mandate residential, recreational, cultural, social, economic welfare of the City of Saint John in connection with Market Square Complex, Waterfront District and urban core of the southern City Centre District. To develop, implement, manage, operate or cause the development, implementation, Primary Functions operation and management of development and redevelopment at Market Square, waterfront and city urban centre. Chair Bruce Phillips, TD Commercial Bank Name of Board V. Chair Warren Long, Milkishoaks Inc. Members Sec./Tres Patrick Oland, Moosehead Breweries Ltd. Member Cynthia Goodwin, Revolution Strategy Inc. Member Monica Adair, Acre Architects Member Jane MacEachern, Irving Oil Member Don Darling (ex-officio) Member Jeff Trail (ex-offico) 2 Full time + P/T Project Manager + (professional volunteers engineers, planning, # of Staff communications) $255,600 2016 CoSJ Subsidy -New revenue secured with Lemongrass Restaurant lease for new refrigerated space and Projected 2016 storage - $5,700 annually. revenue streams -Beavertails renewed lease for 2016 - $1,600 seasonal -SJDC is working with the City of Saint John CI team regarding Market Square HVAC cost 2016 continuous savings and efficiencies. Further CI initiatives re: Market Sq. are planned. improvement $500,615 (City of Saint John, Province of New Brunswick, Lease & Admin fee, Private Annual Budget Enterprise) As of August 31, 2016, the Operating Budget is on track and within planned expenditure Response to YTD limits. Actuals -Project management regarding capital projects Boardwalk area repairs, Harbour Passage High-Level 2016 maintenance, research, design and implementation of new interpretative signage on Performance/Service boardwalk and Harbour Passage. Objectives -Operational efficiencies Parking garage -Continuous Improvement Active team members with City CI Team re: Market Square HVAC YTD Capital and Operating budgets are meeting planned expenditure/revenue targets and YTD Performance/ the planned work schedule. Service Targets -Fundy Quay development significant progress with potential anchor tenant Recent -Fundy Quay: environmental drilling complete (front portion), Phase 1 of Waste accomplishments Management Plan underway -Major railing replacement (Bridge Pillar), near Eco-Hub along Harbour Passage -Actively working with local real estate rep- distributed to potential developers. -Completion of painting: all steel structures along Harbour passage and decorative light standards on Boardwalk and Smythe Street. Completed installation of security system boardwalk/courtyard area. Market Slip dredging will continue to be a concern for SJDC Emerging Issues Fundy Quay development is progressing Summary of primary take-aways for Infill strategy (urban core) seeking opportunities with developers Common Council Capital projects are nearing completion 2016 ABC Written Submission Template {ğźƓƷ WƚŷƓ 9ƓĻƩŭǤ ˁŷĻ tƚǞĻƩ /ƚƒƒźƭƭźƚƓ ƚŅ ƷŷĻ /źƷǤ ƚŅ {ğźƓƷ WƚŷƓΜ Mandate Saint John Energy provides innovative customer-centred energy and utility solutions. Primary Functions Saint John Energy is the principal supplier of electrical energy to the Residential, General Service and Industrial sectors in the City of Saint John, as well as, a provider of Street and Area lighting rentals and various consumer products and services. Name of Board Bill Edwards (Chairperson), Stephen MacMackin, (Vice Chairperson), Members Commissioners - Ross Galbraith, Shelley Courser, James Shaw, John Mackenzie, Derek Pannell. Board Secretary - Jonathan Taylor. President and CEO Ray Robinson # of Staff 94 fulltime Staff 2016 CoSJ Subsidy Saint John Energy is a self-funding Commission, there is no subsidy provided by the City of Saint John. Projected 2016 revenue streams 2016 continuous improvement Annual Budget Response to YTD Actuals Attached in written report #1; Strategy, Communication and Business Plan High-Level 2016 Documentation Performance/Service Objectives YTD Performance/ Service Targets Recent Heat Pump rental program expect to have 1000 units installed by year end a accomplishments significant revenue enhancing success Emerging Issues Loss of traditional source of revenues, unlocking the value of Saint John Energy Summary of primary N/A take-aways for Common Council Attachments Updated skills matrix was provided to nominating committee 2016 ABC Written Submission Template Ώ {ğźƓƷ WƚŷƓ LƓķǒƭƷƩźğƌ tğƩƉƭ \[Ʒķ Ώ Acquire, develop and improve land for marketing and resale. Make strategic investments Mandate in sites and infrastructure to support the capture of opportunities. Outflowing economic impacts include private sector investment, increased tax base and the creation or retention of jobs. Sell industrial land and create infrastructure that supports industry growth. Primary Functions Lois Vincent (President), Ken Anthony (VP), John Warrington (Treasurer), Stephane Bolduc, Name of Board Gerry Lowe, Bill Ryan, Percy Wilbur, Jeff Sheehan, Jean-Marc Ringuette Members .5 # of Staff $270,000 Operating 2016 CoSJ Subsidy Land lease last 3 months 2016@ $3,000. Sale of land @ $65,000. City of saint John @ Projected 2016 $270,000 revenue streams -Partnership with ONB, ESJ and Port SJ has resulted in a business attraction pilot project 2016 continuous which leveraged approximately $40,000 in marketing and business attraction work with a improvement $10,000 investment. Phase II of the project envisions a $20,000 investment leveraging additional program funding of $280,000 (ACOA, ONB, Port and ESJ). -Reductions in real estate taxes through referrals of approximately $3,800 results in year over year savings. -Reorganization of computer system results in an additional $600 per year savings. -Self- installed for sale signage saving $1,000 $437,000 (approx. $75,000 non-cash items i.e. cost of land sold and depreciation of assets) Annual Budget Sales projections are off budget notwithstanding approximately $.85 m in the sales hopper. Response to YTD Two of these potential sales are leads generated by others; ONB & supported by ESJ. SJIP Actuals lead sales and marketing work is a challenge as SJIP has limited inventory for resale and the market demand at the local level is not evidencing itself. Business attraction efforts with ONB, ESJ and Port focussed on modular fabrication and exports are longer lead initiatives and not expected to produce barge usage and land demand/sales until 2017/18/19. Operating budget expenditures under budget YTD and expected to come in at budget for year end. 1. Acquire additional inventory. Currently inventory inadequate at 35/40 acres. High-Level 2016 Seeking an additional 40 from PNB. Performance/Service Objectives 2. Complete post construction phase of the Barge Terminal and close project. 3. ing. See KPI Scorecard attached. YTD Performance/ Service Targets Secured $6m in funding for Barge Facility from Federal and Provincial partners Recent accomplishments Completed the construction of the facility: on time, on budget. Ongoing prospecting / data base development resulting in 40 qualified potential users and 11 site visits to the Barge Facility. Users include modular fabricators, heavy move specialists, marine move specialists and EPCMs. The business attraction partnership has been extremely productive in early stages. Partner contributions, collaboration and commitment to the Saint John and Southern NB infrastructure and are creating high value looks at the local region in terms of operations and investment. Acquiring new land for improvement and resale has been extremely challenging. Emerging Issues Development challenges are increasing in terms of regulatory controls and corresponding costs. Barge Investment was strategic and industry is openly lauding the investment. Summary of primary take-aways for Land inventory remains a concern in terms of quantity and quality Common Council Business attraction partnerships are yielding results, albeit with longer lead time on larger scale business attraction. KPI Scorecard Attachments *Objective is to have each written submission no longer than three (3) pages in length. Parking Commission Written Submission - September 2016 Ώ {ğźƓƷ WƚŷƓ tğƩƉźƓŭ /ƚƒƒźƭƭźƚƓ Ώ The Commission exists for the purpose of conducting the necessary activity, Mandate to maintain current information leading to efficient operation of both on-street and off-street parking facilities. These business processes are for the fulfillment of public needs in relation to: - Parking in general; - The establishment of a permanent coordinated system of parking facilities; - Parking planning, design, location and acquisition; - Maintenance, operation, ownership, leasing, either in the capacity of lessor or lessee, land, buildings and facilities allocated to the parking; To effectively and efficiently manage on and off street parking. Primary Functions Jeff McAloon Chair Name of Board Tim Peterson - Secretary Treasurer Members Michael McGovern Member Patricia Ellsworth Member Charles Bryant Member David Duplisea Member Donna Reardon Member 17 - comprised of Parking Commission staff and contracted services members; # of Staff Off street: None; 2016 CoSJ Subsidy On Street: $602,655 There are two (2) revenue streams for the Saint John Parking: Projected 2016 revenue streams - On-Street Parking: Year Total Budget: $1,670,000 Actual Year To Date (August): $1,070, 272 Note: Net revenue generated by this business process is directly allocated to the City. The Saint John Parking Commission does not realize a net financial Benefit of this business process. - Off - Street Parking: Year Total Budget: $1,641,790 Actual Year To Date (August): $1,740,022 - Including the Peel Plaza Parking Garage. Note: 100% of this revenue stream is realized by the Saint John Parking Commission. After communication with the Continuous Improvement team (CI), the Saint John Parking 2016 continuous Commission has been approved for round two (2) of the projects to be completed. improvement Specifically, the CI team is going review the Parking Summons Process. An ultra- conservative estimate shows potential annual savings of $6,000. Although not covered under the umbrella of Continuous Improvement, the SJPC has also moved forward with the following improvements: - SJPC handles payment cards (MasterCard, Visa, American Express) for payment of monthly parking rental. Currently, to process payment our administrative staff must manually slide each and every card we store through a payment terminal. We are moving to an online electronic portal terminal and plan to implement the product Paymentus. This will enable a monthly automated batch processing of all cards with minimal or no action required by staff; Status: This has been approved by Council and it is anticipated that this will be in place for SJPC prior to yearend 2016; - Handling of cash is expensive and cumbersome. Traditional coin operating meters have a one to one relationship to parking spots. Thus we are targeting conversion of several coin operated parking meters to Pay and Display machines that enable payment card processing and service more than one parking space. Status: Ongoing - System upgrades of parking enforcement handheld devices used to issue parking tickets. Currently our enforcement officers utilize and carry 3 devices. This will now be streamlined into one saving time and subsequently driving down cost. Status: Complete. - Initiative to collaborate with City Planning Department and One Stop to improve efficiency of issuing parking permits to contractors completing work in the uptown area. Status: To be scheduled. Off Street Parking 2016 Budget Annual Budget Revenue: $2,460,515 Expenses: $3,231,173 Surplus/Deficit: (-$770,658) Actual Year to Date Deficit (August): (-$33,613) On Street Parking 2016 Budget Revenue: $1,670,000 Expenses: $602,655 Surplus/Deficit: $1,067,346 Actual Year to Date Surplus (August): $722,981 Anticipated revenue from 5 lots will be impacted due to the following lease terminations: Response to YTD Lot Date of Termination Number of Spaces Actuals Wellington Row March 31, 2016 77 Princess and Charlotte Garage (PG) March 11, 2016 28 Princess and Charlotte (PR) March 31, 2016 42 Princess and Charlotte (PC) May 31, 2016 73 King Street East April 30, 2016 111 On February 1, 2016 a Chief Executive Officer was hired to lead both Parking and High-Level 2016 Transit. appointment, Service and Performance Performance objectives are still being formulated / re-written. /Service Objectives In addition to this and notable in the last 180 days there have been major changes to the parking business. A few examples: - Peel Plaza Monthly Parking is utilized at 100% capacity; - Approximately 330 monthly parking spaces in the uptown area are eliminated in favor of development activity; PlanSJ indicates development in the uptown area and favors alternate forms of transportation (Walking Trails, Bicycle, and Transit). The plan also denotes development of completed and funding for completion of later phases had been removed from the 2016 budget. We are hopeful this will be completed in 2017 and as such will align our Parking and Transit objectives in this regard. Key Performance Indicators have been developed for the Chief Executive Officer and YTD Performance/ effectively the organization. In high level: Service Targets Finance - Review and remediate frequency of financial reporting Human Resources - Address immediate staffing gaps. Identify future needs Governance - Refresh / further develop Terms of Reference Operations - Identify / mitigate all high risk items (Insurance, Safety, Fleet, Finances, Human Rights Case, Human Resources, Etc.); - Planning 2017 Capital and Operating Budget for both Transit and Parking Strategy - Compile Strategic Objectives list for board review post 6 months; - Examples include but are not limited to: o Review and understand federal funding opportunities for Transit o Review revenue opportunities / gaps; o Understand impact to Parking revenue as parking supply diminishes in favor of development in Uptown core; o Understand go forward Transit Technologies (Ex. Electric, NG, Hybrid); Implementation of residential parking passes and two hour parking for the Southernmost Recent rd portion of the Uptown Peninsula (Zone F). To be in effect for October 3, 2016. accomplishments Five (5) lease agreements with the Saint John Parking Commission were recently Emerging Issues terminated, representing almost 330 spaces. Parking in the uptown area is now at a premium and the majority of the SJPC lots have large waiting lists. Further to this, it is anticipated that the waterfront development will eliminate two (2) more significant parking lots in 2017: Ward Street (100 spaces) Hourly and daily parking Water Street (179 spaces) Monthly parking While this particular parking lot is not that of SJPC, it should be noted Moosehead will be taking over an area of development that is currently a SJ Port parking lot exerting additional pressure on the overall supply of parking in the uptown area. Off Street Parking Supply no longer meets demand. This aligns well with PlanSJ, which is in favor of development. The Plan also promotes alternate means of transportation in an effort to alleviate some of the issues related to Parking. In 2016, the funds available to implement the transportation portion of PlanSJ, were removed from the budget. This represents a significant issue in that the SJPC does not have the capacity (Supply) to accommodate the demand for Parking. Reduced parking equates to reduced revenue. Off Street Parking Price Inconsistency: 13 of our 24 off street parking lots have a monthly cost lower than the cost of a monthly bus pass. All 24 lots are a lower cost than the monthly Comex monthly pass. It would seem we are encouraging car travel to the uptown core. In addition to this, monthly parking provided by other City ABCs have price inconsistencies. (Ex. Harbour Station) Summary of primary take- - We are executing on our Municipal Plan without a Transportation plan (MoveSJ). aways for Development in the uptown area continues which is a great accomplishment. Common Council Transportation and land use is, and will continue to be, a challenge for both Parking and Transit. Now more than ever, approval of budget to complete a Transportation Plan in 2017 is of great importance. The Saint John Parking Commission will benefit from having Commissioners with Attachments experience and training in the following skill sets: Accounting, Insurance, Legal, Marketing and Engineering. It would also be appropriate to have a regular Uptown SJ representing uptown Businesses on the Commission. Transit Commission Written Submission September 2016 Ώ{ğźƓƷ WƚŷƓ ƩğƓƭźƷ /ƚƒƒźƭƭźƚƓΏ The commission exists to provide municipal Transit service in alignment with Mandate the municipal and transportation plans. (PlanSJ & MoveSJ) Efficient operation and strategic planning of municipal Transit services. Primary Functions Jeff McAloon Chair Name of Board Tim Peterson - Secretary Treasurer Members Michael McGovern Member Patricia Ellsworth Member Charles Bryant Member David Duplisea Member Donna Reardon Member 87.5 comprised of Bus drivers, Maintenance team and Administration staff # of Staff $5,410,353 2016 CoSJ Subsidy Annual Budget Total: $4,603,500 Projected 2016 revenue streams Actual Year to Date (August): $2,817,196 - None at this time; 2016 continuous improvement $10,013,853 Annual Budget Response to YTD Ridership and associated revenue is down year to date by approximately Actuals 5%. Having said this, July, August and we suspect September will be up over the same months in 2015. While these particular months result are positive, we suspect Transit will end the year with a budget shortfall. Notable: Off street parking supply no longer meets the demand. We are hopeful Transit therefore will become a transportation mode of choice to and from the uptown area for an increased number of commuters. As a benchmark we follow the Canadian Urban Transit Association for a city High-Level 2016 and transit fleet of our size. Having said this we align to the following: Performance/Service Objectives - Revenue / Cost Ratio in the top three for cities in CUTA Population; - Review feasibility of changing fleet propulsion to natural gas and/or electric; - Further development of a Safety and Back to Work program. Workers Compensation claims are high and this has a real tangible impact to the Transit operation; - Implementation of a passenger count system. Collection of data is a focus area for route optimization. Reducing underutilized routes and building out net new routing in alignment with development; - Route optimization scheduling software. There is not a system in place currently and in 2016 we are looking to build upon our existing infrastructure; - Currently exploring alternate forms of bus technologies (Natural Gas / Electric) Key Performance Indicators have been developed for the Chief Executive YTD Performance/ Officer and effectively the organization. In high level: Service Targets Finance - Review and remediate frequency of financial reporting Human Resources - Address immediate staffing gaps. Identify future needs Governance - Refresh / further develop Terms of Reference Operations - Identify / mitigate all high risk items (Insurance, Safety, Fleet, Finances, Human Rights Case, Human Resources, Etc.); - Planning 2017 Capital and Operating Budget for both Transit and Parking Strategy - Compile Strategic Objectives list for board review post 6 months; - Examples include but are not limited to: o Review and understand federal funding opportunities for Transit o Review revenue opportunities / gaps; o Understand impact to Parking revenue as parking supply diminishes in favor of development in Uptown core; o Understand go forward Transit Technologies (Ex. Electric, NG, Hybrid); Recent Opening of Saint John Free Public Library at McDonald Street premises accomplishments consuming excess capacity of facility as a cost recovery vehicle via rent; Status: Complete. Implementation of an Automated Voice Announcement System Status: To be complete mid October 2016. Implementation of automated passenger counter system for ten (10) buses Status: To be complete mid October 2016. Ridership activity is challenged as a result of many factors in the Saint John Emerging Issues area. Parking supply in the uptown is diminishing as a result of the execution of our Municipal Plan (PlanSJ). Funding to complete a Transportation plan was removed from the 2016 budget. For example, there is no single document that details the number of off street parking spaces, the number of on street parking spaces, or the number of annual Transit service hours that we should have for a City of our size. Our Federal Funding application has been successful and Transit with The City is proceeding to complete a formalized agreement with Regional Development Corporation. It should be noted that all available funding must be consumed by March 31, 2018. All proposed purchased buses must be delivered by March 31, 2018. This window is extremely narrow as normal delivery time for a bus is approximately 10 months. - Fund completion of Transportation plan (MoveSJ); Summary of primary take-always for - Federal Funding for Transit has been announced. It appears our Common Council share of this funding is in the order of $3.7M. To acquire this funding we will need to match this number. Council will need to approve approximately $3.7M in capital for Transit. This funding must be consumed by March 31, 2018. Status: Funding has been approved for the City of Saint John / Transit. Final contractual details are underway between Regional Development Corporation and City / Transit. A document will be before council for execution very soon. The Saint John Transit Commission can benefit from having Commissioners Attachments with experience and training in the following skill sets: Marketing, Accounting, Insurance, Legal, and Engineering. It would also be appropriate to have a regular Transit and Comex user on the Commission. 2016 ABC Written Submission Template September update Ώ {ğźƓƷ WƚŷƓ ƩğķĻ ε /ƚƓǝĻƓƷźƚƓ /ĻƓƷƩĻ Ώ Mandate To operate a first class Conference Centre comparable to other centres of its size in North America. To be an economic driver for the community. Primary Functions The facility functions as a venue in which to host meetings, conventions & special events and as a hub to host a broad range of events for the local community. Name of Board Members Hilton Saint John manages the Centre on behalf of the City of Saint John. Hotel Management report John Trade & # of Staff Provides employment for up to 90 people during peak events. 2016 CoSJ Subsidy Projected 2016 revenue The Centres primary revenue streams are sales and commissions from : a) meeting rooms b) food streams and beverage c) audio visual / power / broadband 2016 continuous 2016 sees the 4th of 5 phases of an upgrade plan to maintain building in line with competitor improvement facilities and meet needs of todays convenors Annual Budget All revenue and expense numbers are shared with both the Regional Facilities commission and the TCC Oversight Committee and various times throughout the year. Please see separate submission for 2016 projections versus approved budget. Response to YTD Actuals The first 8 months of 2016 have seen mixed demand for the meeting and convention markets. The first trimester saw increased demand in both local and regional sectors. June and July were disappointing with attendance and spend from the largest events, specifically Canadian Nurses Association and the Energy Summit, weaker than anticipated. Similarly attendance and/or demand for local social business (Rotary Gala dinner and weddings market) was below expectation. As a consequence topline revenues are slightly behind budget. Expenses YTD are being managed in order to keep overall contribution in line with budget. Please see separate submission for 2016 projections versus approved budget. High-Level 2016 We foresee finishing 2016 in line with budgeted contribution. Much will depend on the larger Performance/Service events in Q4 (e.g. T4G, NB Health) materialising as expected in terms of delegate numbers and Objectives spend. In terms of service objectives, our principal aim is to deliver an exceptional experience to each visitor. This in turn, creates a positive buzz for our city, and the Trade Centre. As visitors to the Trade Centre also encounter other hospitality partners & Discover Saint John staff during their stay, it is essential that all partners work together to deliver on these experiences. YTD Performance/ Service Hilton uses a guest satisfaction survey to assess Trade Centre guest feedback. YTD all indicators on Targets this matrix are ahead of the benchmark. Recent accomplishments June 2016-The centre hosted the Canadian Nurses Association conference. Although numbers of delegates were below expectation (540 actual v 850 expected) it was still one of the largest conferences ever hosted in the City. Also, attendance at Port Days Conference in June was over 700 with very positive feedback from out of town visitors. These positive experiences for out of town guests will help spread the word that the TCC is a centre of excellence Emerging Issues Need to remain competitive in face of increased competition and continue investment from stakeholders Summary of primary Centre is owned by citizens. Boosts tourism and is a major economic driver. Requires continual take-aways for Common upkeep and capital investment to remain competitive. Council Saint John Trade and Convention Centre 2016 Annual Projections Versus Budget Attachments *Objective is to have each written submission no longer than three (3) pages in length. Saint John Trade and Convention Centre Comparative Financials Period ending: 8/31/2016 ActualVariance 08/2016 YTD + BudgetActual vs.Budget Forecast BOY20162016 Trade Centre Revenue Commission on Food and Beverage Sales, A/V Equipment and Sundry revenue272,267245,43326,834 Meeting Room revenue144,160171,500-27,340 Net Revenue416,427416,933-506 Payroll & Related Expenses707,773700,0347,739 Other Expenses Advertising & Promotions22,06929,615-7,546 Audit/Legal Fees11,2428,2003,042 Bank Charges34100-66 Cleaning & Maintenance22,16620,4201,746 Entertainment9761,500-524 Equipment Rental5,3345,500-166 Garbage Removal10,53410,900-366 Laundry24,14223,843299 Licenses2,0652,500-435 Miscellaneous4,7756004,175 Operating Equipment, Computer Services & Uniforms44,65538,0136,642 Operating, Office & Paper Supplies24,51931,700-7,181 Outside Services3,7792,2001,579 Postage & Printing 183790-607 Telecommunication13,18713,200-13 Trade Association Dues & Fees57250072 Travel6,22214,000-7,778 Utilities4,0545,200-1,146 Total Other Expenses200,508208,781-8,273 Operating Deficit-491,854-491,88228 COUNCIL REPORT M&C No. M&C 2016-227 Report Date August 30, 2016 Meeting Date October 03, 2016 Service Area Finance and Administrative Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Elevator/Escalator Maintenance Agreements OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Trevor Gamblin Kevin Fudge Jeff Trail RECOMMENDATION As provided in M&C 2016-227, not, the City Manager recommends: 1) That the City enter into five (5) year Master Coverage Agreements with Thyssenkrupp Elevator (Canada) Limited for protective maintenance of the elevating equipment located at the Police Headquarters Building (two elevators), the Nick Nicolle Community Centre (one elevator), and the Aquatic Centre Pedway (one elevator) in the form attached to M&C 2016- 227. 2) That the City enter into one (1) year OTIS Maintenance Agreements with OTIS Canada Inc. for preventive maintenance service of the elevating equipment located at the Saint John Arts Centre (one elevator) and the St. Patrick Street Pedway (elevator and escalator) in the form attached to M&C 2016-227. 3) That the Mayor and Common Clerk be authorized to execute the necessary contract documents. EXECUTIVE SUMMARY to enter into agreements with Thyssenkrupp Elevator (Canada) Limited and OTIS Canada Inc. for the preventative/protective maintenance of elevating equipment located at the Police Headquarters Building (two elevators), the Nick Nicolle Community Centre (one elevator), the Aquatic Centre Pedway (one elevator), the Saint John Arts Centre (one elevator), and the St. Patrick Street Pedway (elevator and escalator). - 2 - Execution of the work under these agreements will ensure routine inspection, testing, preventative/protective maintenance, and permitting is completed, as required for compliance with the National Building Code of Canada, the Elevators and Lifts Act (R.S.N.B. 1973, c. E-6), and Regulation 2014-147 Safety Code for Elevating Devices and Amusement Devices. The total annual cost of these preventative/protective maintenance agreements is $41,976 plus HST and has been included in the operations budget of the Facility Management Division accordingly. PREVIOUS RESOLUTION bƚƷ ğƦƦƌźĭğĬƌĻ STRATEGIC ALIGNMENT The elevator maintenance agreements are vital to the protection of the quality and integrity of these assets. In addition, routine inspection, testing, preventative/protective maintenance, and permitting are required for compliance with applicable National and Provincial codes and regulations. REPORT There are currently seven (7) City-owned facilities containing elevating devices, including eight (8) elevators and three (3) escalators. The elevators and escalators provide barrier-free accessible access, in addition to convenient access through the facilities. In addition to keeping the elevating devices in service and in a good state of repair, routine inspection, testing, preventative/protective maintenance, and permitting is required for compliance with the National Building Code of Canada, the Elevators and Lifts Act (R.S.N.B. 1973, c. E-6), and Regulation 2014-147 Safety Code for Elevating Devices and Amusement Devices. The maintenance agreements attached hereto include all work required to achieve compliance with applicable National and Provincial codes and regulations, as well as routine preventative/protective maintenance in accordance with industry standards and procedures. The agreements do not include planned upgrades or work outside of regular business hours. This work would be completed at an additional cost, only upon approval from the City of Saint John. The following table provides a summary of the facilities covered under the attached agreements as well as the respective equipment manufacturer, contractor, and annual cost of the maintenance agreements. - 3 - Annual Facility Equipment Manufacturer Contractor Cost* Police Headquarters Building ThyssenKrupp ThyssenKrupp $ 6,456 Nick Nicolle Community Centre Maritime ThyssenKrupp $ 1,500 Aquatic Centre Pedway Dover ThyssenKrupp $ 3,480 Saint John Arts Centre Dover Otis $ 2,940 St. Patrick Street Pedway Otis Elevator Company Otis $27,600 Total Annual Cost* $41,976 *Excluding HST As can be seen in the table above, the equipment manufacturer varies by facility, as does the contractor. In general, the contractor indicated in the table above has worked on the respective elevating device since the equipment was originally installed, thus, they are very familiar with the equipment identified (i.e. maintenance history, installation, same as equipment manufacturer, etc.). Elevating device equipment is generally proprietary to the equipment manufacturer (e.g. Otis, ThyssenKrupp), although some aftermarket parts are available. In cases of proprietorship, our procurement policy allows us to direct engage. There is, however, non-proprietary equipment in our facilities as well (e.g. Maritime, Dover). Staff of the Facility Management Division believe it is in table above in all cases (proprietary and non-proprietary) due to their knowledge associated with the maintenance history of the elevating device equipment. SERVICE AND FINANCIAL OUTCOMES The total annual cost of the work associated with the attached agreements with Thyssenkrupp Elevator (Canada) Limited and OTIS Canada Inc. for the preventative/protective maintenance of elevating equipment located at the Police Headquarters Building, the Nick Nicolle Community Centre, the Aquatic Centre Pedway, the Saint John Arts Centre, and the St. Patrick Street Pedway is $41,976 plus HST. This cost is a planned expenditure and has been included in the operations budget of the Facility Management Division accordingly. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS In preparation of this report, the Facility Management Division received input and assistance from the Legal Division (review of agreements) and the Materials Management Division (procurement policies). ATTACHMENTS Agreements with Thyssenkrupp Elevator (Canada) Limited and OTIS Canada Inc. (Five agreements in total) thyssenkrupp Elevator (Canada) Limited MASTER COVERAGE ENHANCED AGREEMENT Master Coverage Enhanced Service is a systematic program of protective maintenance designed to keep the elevating equipment in proper operating condition throughout the contract term. All work will be performed by experienced technicians directly employed, trained and supervised by thyssenkrupp Elevator (Canada) Limited (hereinafter callthyssenkrupp Elevator supported by our complete technical facilities. This elevator maintenance service will be provided to: (hereinafter referred to as Purchaser) City of Saint John PO Box 1971 Saint John, NB E2L 4L1 For the following elevating devices: ELEVATING EQUIPMENT: # of units Manufacturer Equipment Type Capacity Speed Install # 1 Dover Passenger 2,000 lbs 100 fpm P-1995 (Hereinafter referred to as levators) Located at: Pedway (Mercantile to Aquatic Centre) Union St Saint John, NB Servicing of the elevators will be performed on a regular and systematic basis. This service will commence September 1, 2016 for an initial Five (5) year contract period, and will continue for subsequent periods of Five (5) years throughout the life of the equipment or until terminated as provided herein. thyssenkrupp Elevator shall provide maintenance service in accordance with our designed standards and procedures for elevator maintenance tailored to the needs of the equipment. Under this Master Coverage Agreement, thyssenkrupp Elevator will regularly examine, clean, adjust, lubricate, and if in our opinion conditions warrant it, we will repair or replace electrical and mechanical components of the elevators and escalators whenever necessitated by normal wear and tear as follows: 1. ELEVATORS 1. Machine couplings, shafts, gears, bearings, flexible mountings, cable sheaves, 2. Motors and motor-generators, windings, brushes, commutators, brush holders, bearings, exciters, tachometers, 3. Door operators, hanger sheaves, upthrust rollers, gibs, guides, protective rays, door motors, drive belts, gear reductions, interlocks, clutches, linkages, relating devices, door tracks, 4. Hoistway equipment, car and counterweight buffers, conductor cables, guide rollers and shoes, deflector and secondary sheaves, compensating sheaves, load weighing devices, limit switches, hoistway inductors, car top operating devices, 5. Controllers and selectors, relays, coils, contacts and contact springs, shunts, resistors, condensers, transformers, stepping switches, rectifiers, motor starters, overcurrent devices, 6. Signal devices, car and hall pushbuttons, position indicators, hall lanterns and gongs, Page 1 of Contract No. thyssenkrupp Elevator (Canada) Limited Rev. May 2016 thyssenkrupp Elevator (Canada) Limited MASTER COVERAGE ENHANCED AGREEMENT direction indicators, signal lamps (during regularly scheduled visits), 7. Solid-state circuitry, cards, sockets, integrated circuit modules, speed regulators, timing and computing devices, transistors, 8. Brakes, magnet coils, armatures, shoes, contacts, springs, drums, linings, 9. Safety stopping devices, jaws, bearings, equalizing mechanisms, plank switches, linkage, speed governors, tripping assembly, overspeed switches, tension sheaves, 10. Hydraulic pumps and motors, belt drives, valve, pilots, strainers, mufflers, timers, guide bearings, packing and packing glands. 2. ESCALATORS 1. Machine gears, thrust bearings and housings, brakes, including brake pulleys, brake coils, brake contacts, linings and component parts, 2. Motors, including windings, rotating elements, commutator brushes, brush holders and bearings, 3. Handrail drive, including chains, sprockets, rollers and bearings, universal joints, handrail and alignment devices, 4. Step rollers, bearings, tracks, step chains, sprockets, and comb segments, 5. Governors, including bearings, contacts and jaws. 3. In addition, under this Master Coverage Agreement thyssenkrupp Elevator will: 1. Provide emergency service promptly if any trouble should develop between the regular examinations. The Purchaser agrees to notify thyssenkrupp Elevator without delay if such trouble occurs. (An emergency shall be deemed to exist if passengers are trapped or if more than 50% of the elevators in any one group are out of service) This emergency service, limited to the investigation of trouble, passenger assistance, minor adjustments and minor repairs, and that can be accomplished in two hours or less by one technician will be available on a 24-hour basis. This service outside regular working hours is not included in the contract price. We will respond to non-emergency callbacks during regular working hours within an average of 12 hours of notification. 2. Repair or replace conductor travelling cables as deemed necessary by thyssenkrupp. 3. Regularly check, and as necessary, equalize the tension on all hoisting ropes. 4. Perform annual no load safety tests and annual pressure relief valve tests. 5. Maintain the machinery in clean condition, and regularly clean the machine room, hoistway and pit areas of all dirt and debris relevant to normal elevator operations. 6. Furnish all lubricants, cleaning compounds and cleaning equipment. All lubricants will meet rigid thyssenkrupp specifications with respect to particular applications for which they are required. 7. Maintain the systems capabilities of these elevators as found at the start of the elevator service agreement. 8. Supply special hydraulic operating fluid as required to replenish normal seepage. 9. Provide pre-planned repairs, where significant interruption to elevator operation is involved. The repair will be scheduled to suit the Purchasers convenience wherever reasonably possible within the scope of this contract. 10. thyssenkrupp shall assist in any repair and/or upgrade that the elevating system(s) may need, that falls outside the coverage of this contract. This will include our expertise as to available products, recommendations and long range asset planning to ensure that the continued satisfaction of the Purchaser is maintained. 4. The following is not included under this contract: 1. ELEVATORS: Refinishing, cleaning, repair or replacement of cab and cab finishes, door paneling, handrails, floor and floor covering; hoistway door panels, door frames, swing door hinges and closing devices; car and hall door sills; light fixtures and lamps; emergency cab lighting, ventilation fans, Page 2 of Contract No. thyssenkrupp Elevator (Canada) Limited Rev. May 2016 thyssenkrupp Elevator (Canada) Limited MASTER COVERAGE ENHANCED AGREEMENT intercommunication systems, card readers or other access control devices; media and entertainment devices, fixture kiosks, computer devices or elevator monitoring systems; batteries for emergency lighting and emergency lowering systems; below ground or unexposed hydraulic elevator system, including but not limited to, piping, jack cylinder, piston, PVC, cathodic protection, or other protective material; disposal of used oil; hoistway enclosures, guide rails and alignment; non-maintainable assemblies or parts; steel wire hoist ropes, suspension belts, traction media; controller drives; main disconnect switches and their fuses or circuit breakers, emergency power transfer switchgear, telephone service, smoke/fire alarms and detectors, pit pumps and alarms; supplementary performance testing involving plunger grippers, elevator full load/full speed tests, and/or use of specialized alternative testing equipment to simulate such tests. Accessory equipment unrelated to normal elevator operation is not covered. 2. ESCALATORS: Balustrades including deck covers, moldings, interior solid and glass panels, and skirt panels; step assemblies and treads; pallets; moving walk belts; skirt brushes; truss wedge guards, escalator lighting systems, signage; painted surfaces, including demarcation lines painted on steps or combplates; supplementary step to skirt performance testing. 5. TERMS AND CONDITIONS 1. Working Hours The contract price is based on all work being done during regular working hours (8am to 5pm, Monday to Friday), excluding elevator trade union holidays unless otherwise specified herein. Any work requested outside the regular working hours as indicated, shall be subject to an additional charge at our standard billing rates, plus materials not covered by contract, expenses and travel. Monday through Friday, after hours and Saturday is charged at time and a half for single mechanic. Sunday, statutory holidays, and all overtime crew work on any day is charged at double time. Regular and overtime working hours shall be stipulated by the collective labour agreement with which thyssenkrupp Elevator must comply in the region where the elevators are to be maintained. 2. Additional Work a) Work necessitated by misuse, vandalism, excessive heat in the elevator machine room, electrical voltage fluctuations, storm, fire, flood, riot, replacement of non-maintainable components or parts where thyssenkrupp Elevator is unable through our maintenance program to prevent premature wear or failure, retrieval/replacement of keys/re-keying or any other cause beyond thyssenkrupp Elevators control, is extra to this contract and shall be subject to additional charge at the applicable billing rates for material and labour. thyssenkrupp Elevator assumes no responsibility for the day-to-day operation of the governor or safeties on traction elevators, or the hydraulic system on hydraulic elevators under the terms of this agreement where safety tests are outstanding on the commencement date of this agreement until such time as the test has been completed and the equipment passed. Costs associated with this initial test and repairs will be subject to charge at our standard billing rates. thyssenkrupp Elevator will not be obligated or bound by opinions or directives by third-party firms, insurance companies, or other organizations and such work will be subject to additional charges. b) This contract does not include the making of tests, additions or modifications, to the elevators or escalators as may be required by governmental authorities or independent third parties, unless otherwise accepted by thyssenkrupp Elevator and/or specified herein. This maintenance agreement does not cover any labour, parts or materials which may be required to comply with future legislation effective following the commencement date of this agreement. Supplementary performance testing of elevators using full load at full speed or use of specialized alternative testing equipment to simulate such tests, and escalator step to skirt performance testing (SSPI) that may be required by the local jurisdiction is not included. Costs associated with such tests and any remedial repairs and additional testing required as a result of these regulated tests would be extra to the contract at thyssenkrupp Elevators applicable rates. thyssenkrupp Elevator will not assume responsibility for the cost of Page 3 of Contract No. thyssenkrupp Elevator (Canada) Limited Rev. May 2016 thyssenkrupp Elevator (Canada) Limited MASTER COVERAGE ENHANCED AGREEMENT correcting elevator code or third-party deficiencies existing on the date we enter into this agreement. Further, you agree that you will authorize and pay for any proposed pre- maintenance repairs brought to your attention during the first 30 days of this agreement to bring the equipment to thyssenkrupp maintenance standards, or we will have the option to terminate this agreement immediately, without penalty to us. 3. Schedules This service shall be provided in accordance with thyssenkrupp Elevator standard maintenance practices for such services and thyssenkrupp Elevator shall not be obligated to do any work specified herein prior to the time when such work is deemed necessary by us to preserve an adequate factor of safety. 4. Suspension thyssenkrupp Elevator may suspend the services provided herein, upon written notice to the Purchaser, if payments have not been made in accordance with the terms of the contract. During any period of suspension, no monthly charges will be made hereunder, and the terms and conditions of this contract shall remain in effect, except that thyssenkrupp Elevator shall not have any liability for anything occurring during, or resulting from, such suspension. Upon restoration of thyssenkrupp Elevator services, any work required to restore the elevators to their suspension date condition shall be extra to the contract price. The contract period in which a suspension commences shall be extended by the number of days of the suspension. 5. Termination Either party may terminate thyssenkrupp Elevators services under this agreement at the end of the initial contract period, or the end of any subsequent contract period, by providing the other party with at least 180 days, but no more than 270 days advance written notice in the form of a letter signed by a signing officer prior to the end of the applicable contract period. 6. Change of Ownership In the event of the sale, lease or other transfer of the elevator equipment described herein, or the premises in which they are located, you agree that the intended transfer shall be made conditional upon the acceptance and assumption of the terms, conditions and obligations of this contract by the transferee and the delivery to thyssenkrupp Elevator of the transferee's acknowledgment. Should the transferee fail to assume this agreement, you shall remain liable for all unpaid amounts, including those owed for the balance of the current unexpired term of this agreement. 7. Liability thyssenkrupp Elevator is not an insurer and shall not be liable for damage to property or for injury or death of any person(s) except for damage, injury or death resulting directly from the negligence of thyssenkrupp Elevator or its employees, and with that exception, the Purchaser agrees to indemnify, defend, and hold thyssenkrupp Elevator harmless from any such claim. thyssenkrupp Elevator shall not be liable for any incidental or consequential loss or damage arising from the failure of the elevators to operate or damages occurring as a result of supplementary performance tests such as full load full speed testing required by local regulatory authorities. Without limiting the generality of the foregoing, thyssenkrupp Elevator shall not be liable for incidental or consequential damage or loss resulting from accidents, strikes, lockouts, material and labour shortages not within the reasonable control of thyssenkrupp Elevator or any other cause not within our reasonable control. thyssenkrupp Elevator will not be held liable for any inspection charges by local governing authorities or any charges related to independent third parties. In the event that the contract is terminated, thyssenkrupp Elevator will not be held liable for any costs, repairs, or directives whether existing or not during the term or following the term of the agreement. Further, we will not be liable for damages of any kind, whether in contract or in tort, or otherwise, in excess of the annual price of this agreement. The Purchaser hereby waives any and all rights of Subrogation as against thyssenkrupp Elevator. 8. Assignment This contract and the benefits hereof may not be assigned without thyssenkrupp Elevators Page 4 of Contract No. thyssenkrupp Elevator (Canada) Limited Rev. May 2016 thyssenkrupp Elevator (Canada) Limited MASTER COVERAGE ENHANCED AGREEMENT written consent. 9. Obsolescence In the event that any part, component or assembly is no longer available from the usual sources due to obsolescence, the Purchaser agrees to allow thyssenkrupp Elevator to replace such part, component or assembly at the Purchasers cost. Obsolescence is defined as parts, components or equipment no longer available from or supported by the original equipment manufacturer. Purchaser prior authorization shall be requested prior to proceeding with such replacement. Such authorization shall not be unduly withheld. 10. Title If thyssenkrupp Elevator supplied and/or installed the elevator equipment which is to be maintained under this contract and thyssenkrupp Elevator has not yet been paid in full under its supply and/or installation contract, the Purchaser hereby acknowledges that thyssenkrupp Elevator retains the title to the elevator(s) until monies owing to thyssenkrupp Elevator under the contract have been paid, and this agreement is without prejudice to thyssenkrupp Elevator rights under thyssenkrupp Elevators supply and/or installation contract. 11. Mutual Responsibilities a) You agree to provide us with unrestricted and safe access to all areas of the building and building site, in which any part of your elevator equipment may be located. You also agree to keep the elevator machine rooms and pit areas free from water, stored materials, or debris. You will provide the employees of thyssenkrupp Elevator a safe work environment and that you will remove and correct any problems associated with hazardous materials in accordance to applicable laws and/or provincial regulations. You agree to provide all specialized equipment, rigging, and hoisting services, if required, to safely remove elevator components off site in need of repair or replacement. b) thyssenkrupp Elevator and you agree that you have control, possession and management of the elevator equipment and that such control, possession and management is not assumed by thyssenkrupp Elevator but remains exclusively with the Purchaser. The Purchaser shall be solely responsible for the operation of the equipment, including but not restricted to, the proper loading of the elevator and related equipment to its proper capacity and the provision of warning signs, controls and cautions that may be required or desirable to ensure safe operation of the elevator. c) You hereby agree to cease operation of the elevator equipment upon the occurrence of any unsafe mode of operation including any accident, alteration or change affecting the equipment and to maintain surveillance of the equipment for the purpose of detecting any such unsafe or potentially unsafe mode of operation. You also agree to notify thyssenkrupp Elevator immediately by telephone if any unsafe or potentially unsafe mode of operation occurs. d) You agree not to permit others to make alterations, additions, adjustments, upgrades, repairs or replace any component or part of the equipment during the term of this agreement. If you elect to modernize any or all of the Equipment during the term of this agreement, you will give thyssenkrupp Elevator the option, within a reasonable time, to evaluate competitor proposals and to prepare an offer to match price and scope of work, or present an alternative proposal before proceeding. If you should select another supplier for the modernization, the existing agreement is to remain binding on both parties. thyssenkrupp resume upon completion of the modernization of part or all of the equipment and any associated warranty period. The modernized equipment will be subject to review by thyssenkrupp Elevator and deficiencies noted brought to the attention of the purchaser within 60 days. The term of the original agreement will be extended by any term loss during the modernization and warranty completed by others, and will be subject to a maintenance price adjustment by thyssenkrupp Elevator. e) If your elevators incorporate thyssenkrupp Elevator computer software, you agree that the use of such software is but a license for your use, solely for the purpose of operating the Page 5 of Contract No. thyssenkrupp Elevator (Canada) Limited Rev. May 2016 thyssenkrupp Elevator (Canada) Limited MASTER COVERAGE ENHANCED AGREEMENT elevators/escalators for which this software was provided. You also agree to keep such software in confidence and will not allow this software to be otherwise copied, displayed, transferred, modified, distributed, reverse assembled and/or compiled. f) You retain the rights to any non-thyssenkrupp Elevator software used by the elevators covered by this agreement but agree to allow us to make one backup or archival copy for you. g) You acknowledge that a machine room climate and temperature within the industry recognized 10 to 30 degree Celsius range ensures the best overall operation of the equipment and that you will maintain that temperature. 12. Drawings The PURCHASER agrees to furnish a complete set of "AS BUILT" wiring diagrams for the complete system where necessary. If the elevator is built by thyssenkrupp Elevator or thyssenkrupp Northern, thyssenkrupp Elevator shall provide wiring diagrams for permanent and long-time use by our elevator examiners. 13. Representation thyssenkrupp Elevator shall assign an Account Representative to the properties covered by this agreement, to provide assistance with contract, repairs, upgrades, modifications and long term planning for your vertical equipments needs. thyssenkrupp Elevator shall also ensure that a Supervisor is available to assist the Purchaser and thyssenkrupp Elevatos employees in ensuring you receive the very best in vertical equipment maintenance. 6. CONTRACT PRICE 1. The Price of this service will be: Two Hundred Ninety Dollars ($290.00) per month payable quarterly upon receipt of invoice. At least one year from the contract commencement date and as soon as practical after we have received notice of change in the labour rates, this price shall be increased or decreased. Such increase or decrease shall be in direct proportion to the increase or decrease in the straight time hourly labour cost (the sum of the straight time hourly labour rates plus any other related costs and the average cost of fringe benefits paid by us for elevator examiners in the locality where the equipment is to be serviced) and will occur annually on the contract anniversary date as compared with the previous years labour cost applicable to this contract. We also reserve the right to make an additional adjustment to the contract price annually on the basis of changes in other expenses such as fuel, waste disposal, government regulations or administrative costs. 2. The Goods and Services Tax (GST) or the Harmonized Sales Tax (HST) will be invoiced as an extra to the current contract price. Any change in such taxes, any new taxes, or changes in tax policy which may become effective after the Proposal Date, will not be included in the current contract price. thyssenkrupp Elevator shall advise as soon as practical, after we have received such notice of change, the effects of any such change on the normally charged contract price. 3. The method of payment will be electronic direct debit. To enable us to process direct debit payments, you agree to provide a copy of a voided check from your business bank account. 4. Simple interest at 2% monthly will apply on amounts not paid when due for over thirty (30) days. 5. If the Purchaser defaults in making of any payments called for in this contract, Purchaser agrees to pay, in addition to any defaulted amount, all thyssenkrupp Elevator legal fees, collection costs, and court costs in connection herewith. thyssenkrupp Elevator reserves the right to share any relevant credit information when requested of us. Failure to pay any sum due by you within sixty (60) days will be a material breach. We may at our option declare all sums due or to become due for the unexpired term immediately due and payable as liquidated damages, and until the same are paid be discharged from further obligations under the contract. 6. The Proposal is subject to approval in writing by thyssenkrupp Elevator subsequent to acceptance by the Purchaser. Upon such acceptance and approval it shall constitute exclusively and entirely the contract for the services herein described. No changes in or additions to this Page 6 of Contract No. thyssenkrupp Elevator (Canada) Limited Rev. May 2016 thyssenkrupp Elevator (Canada) Limited MASTER COVERAGE ENHANCED AGREEMENT agreement will be binding on either party unless made in writing and executed by both parties. Presentation of this document does not supercede any terms and conditions of any thyssenkrupp Elevator contract currently in effect. 7. The terms and conditions herein form part of this agreement. 8. Extended Contract Term Discount - The initial and subsequent term of this agreement will be replaced by the Extended Contract Term selected below, and we will apply the corresponding discount to the net billing amount. Extended Contract Price Check for Purchaser's Initial Term Discount Selection Acceptance 12 Year 3% 15 Year 5% 20 Year 7% 25 Year 10% In the event a customer chooses an extended term, the Contract will automatically renew at the expiration of the Extended Contract Term for successive periods equal to the initial Extended Contract Term. Either party may terminate the Contract at the end of the initial Extended Contract Term or at the end of any subsequent Extended Contract Term by giving the other party advance written notice in accordance with the termination clause in this agreement. In the event the Contract is terminated for any reason prior to the expiration date of the Extended Term or any subsequent Extended Term, you agree to pay us the amount of the full Extended Term discount you received during the Extended Term or any subsequent Extended Term. This is in addition to and not in lieu of any other rights or remedies we may have. 7. ACCEPTANCE Your acceptance of this agreement and its approval by an authorized manager of thyssenkrupp Elevator will constitute exclusively and entirely the agreement for the services herein described. All other prior representations or agreements, whether written or verbal, will be deemed to be merged herein and no other changes in or additions to this agreement will be recognized unless made in writing and properly executed by both parties. Should your acceptance be in the form of a purchase order or other similar document, the provisions of this agreement will govern, even in the event of a conflict. This proposal is submitted for acceptance within ninety (90) days from the Date Submitted by the thyssenkrupp Elevator representative indicated below. No agent or employee shall have the authority to waive or modify any of the terms of this agreement without the prior written approval of an authorized thyssenkrupp Elevator manager. thyssenkrupp Elevator thyssenkrupp Elevator Purchaser Acceptance: (Canada) Limited: (Canada) Limited Approval: By: By: By: (Signature of Account Rep.) (Signature of Authorized (Signature of Authorized Individual) Individual) (Print Name) (Print Name) thyssenkrupp District Manager (Print Name) (District Office Location) (Title) (Date Submitted) (Date of Approval) (Date of Approval) Page 7 of Contract No. thyssenkrupp Elevator (Canada) Limited Rev. May 2016 thyssenkrupp Elevator (Canada) Limited MASTER COVERAGE ENHANCED AGREEMENT Page 8 of Contract No. thyssenkrupp Elevator (Canada) Limited Rev. May 2016 thyssenkrupp Elevator (Canada) Limited MASTER COVERAGE ESSENTIALS AGREEMENT Master Coverage Essentials is a servicing program designed to suit the Purchasers basic requirements to keep the elevating equipment in proper operating condition through professional examinations, lubrication, adjustments, and the replacement of minor parts as listed herein. All work will be performed by experienced technicians directly employed, trained and supervised by thyssenkrupp Elevator (Canada) Limited (hereinafter callthyssenkrupp Elevator supported by our complete technical facilities. This elevator maintenance service will be provided to: (hereinafter referred to as Purchaser) Nick Nicolle Community Centre 85 Durham St Saint John, NB E2K 1V6 For the following elevating devices: ELEVATING EQUIPMENT: # of units Manufacturer Equipment Type Capacity Speed Install # 1 Maritime Passenger LU/LA 2,000 lbs 80 fpm (Hereinafter referred to as levators) Located at: NIck Nicolle Community Centre 85 Durham St Saint John, NB Servicing of the elevators will be performed on a regular and systematic basis. This service will commence September 1, 2016 for an initial Five (5) year contract period, and will continue for subsequent periods of Five (5) years throughout the life of the equipment or until terminated as provided herein. thyssenkrupp Elevator shall provide maintenance service in accordance with our designed standards and procedures for elevator maintenance tailored to the needs of the equipment. thyssenkrupp Elevator Essentials Maintenance will consist of Four (4) visits per year, providing regular attention to the requirements of the elevating devices listed above. Under this Master Coverage Essentials Agreement, thyssenkrupp Elevator will examine the elevators at each scheduled regular visit, with particular attention to possible faults or hazardous conditions. 1. We will also provide the following services, as required at the time of each visit: 1. Systematically lubricate all elevator machinery, including bearings, motor, generator, wire rope, sheaves, door operators, interlocks, guide rails, switch fulcrums, safety devices, governors, and brake mechanisms, escalator chains, sprockets and handrail drive. 2. Regularly clean all the operating components of the elevator machinery in the hoistway, pit and machine room areas. Regularly clean pit area of debris related to normal elevator operations. 3. Provide the necessary cleaning materials and lubricants to undergo rigid thyssenkrupp Elevator specifications with respect to the particular applications for which they are required. 4. Make adjustments to all electrical and mechanical equipment, including guide shoes, guide rollers, leveling switches, safety devices, brakes, hydraulic valves, door operating mechanism, interlocks, door switches and belt tensions. To the extent that the adjustments can be made with the Page 1 of Contract No. thyssenkrupp Elevator (Canada) Limited Rev. May 2016 thyssenkrupp Elevator (Canada) Limited MASTER COVERAGE ESSENTIALS AGREEMENT equipment or means available. 5. Regularly check, and as necessary equalize the tension on all hoisting ropes. 6. Supply special hydraulic operating fluid as required to replenish normal seepage. 7. Coordinate repairs where significant interruption to elevator operation is involved. The repair will be scheduled to suit the Purchasers convenience wherever reasonably possible within the scope. 8. thyssenkrupp shall assist in any repair and/or upgrade that the elevating system(s) may need, that falls outside the coverage of this contract. This will include our expertise as to available products, recommendations and long range asset planning to ensure that the continued satisfaction of the Purchaser is maintained. 2. Under this Master Coverage Essentials Agreement thyssenkrupp Elevator will: 1. Provide emergency service promptly if any trouble should develop between the regular examinations. The Purchaser agrees to notify thyssenkrupp Elevator without delay if such trouble occurs. This emergency service, limited to the investigation of trouble, passenger assistance, minor adjustments and minor repairs will be available on a 24-hour basis. We will respond to non- emergency callbacks during regular working hours within an average of 12 hours of notification. This service on a 24 hours basis is extra to the contract at our standard billing rates. 3. The following is not included under this contract: 1. All parts and repairs directly or indirectly related to the operation of the elevators will be invoiced for labour, travel, expenses, and materials at our standard billing rates. Wherever reasonably possible the Purchasers prior approval shall be obtained for such work. 2. All tests, including but not limited to annual safety tests, hydraulic pressure relief test, five year testing requirements, and escalator step to skirt performance testing as mandated by the local governing authorities. 3. Accessory equipment unrelated to normal elevator operation is not covered by this contract. 4. TERMS AND CONDITIONS 1. Working Hours The contract price is based on all specified work being done during regular working hours (8am to 5pm, Monday to Friday), excluding elevator trade union holidays. Any work requested outside the regular working hours as indicated or outside the coverage of this contract, shall be subject to an additional charge at our standard billing rates, plus materials not covered by contract, expenses and travel. Monday through Friday, after hours and Saturday is charged at time and a half for single mechanic. Sunday, statutory holidays, and all overtime crew work on any day is charged at double time. Regular and overtime working hours shall be stipulated by the collective labour agreement with which thyssenkrupp Elevator must comply in the region where the elevators are to be maintained. 2. Additional Work a) Work necessitated by misuse, vandalism, excessive heat in the elevator machine room, electrical voltage fluctuations, storm, fire, flood, riot, retrieval/replacement of keys/re-keying or any other cause beyond thyssenkrupp Elevators control, is extra to this contract and shall be subject to additional charge at the applicable billing rates for material and labour. thyssenkrupp Elevator assumes no responsibility for the day-to-day operation of the governor or safeties on traction elevators, or the hydraulic system on hydraulic elevators under the terms of this agreement where safety tests are outstanding on the commencement date of this agreement until such time as the test has been completed and the equipment passed. Costs associated with this initial test and repairs will be subject to charge at our standard billing rates. thyssenkrupp Elevator will not be obligated or bound by opinions or directives by third-party firms, insurance companies, or other organizations and such work will be subject to additional charges. b) This contract does not include the making of tests, additions or modifications, to the elevators or escalators as may be required by governmental authorities or independent third parties, unless otherwise accepted by thyssenkrupp Elevator and/or specified herein. This maintenance agreement does not cover any labour, parts or materials which may be required to Page 2 of Contract No. thyssenkrupp Elevator (Canada) Limited Rev. May 2016 thyssenkrupp Elevator (Canada) Limited MASTER COVERAGE ESSENTIALS AGREEMENT comply with future legislation effective following the commencement date of this agreement. Supplementary performance testing of elevators using full load at full speed or use of specialized alternative testing equipment to simulate such tests, and escalator step to skirt performance testing (SSPI) that may be required by the local jurisdiction is not included. Costs associated with such tests and any remedial repairs and additional testing required as a result of these regulated tests would be extra to the contract at thyssenkrupp Elevators applicable rates. thyssenkrupp Elevator will not assume responsibility for the cost of correcting elevator code or third-party deficiencies existing on the date we enter into this agreement. Further, you agree that you will authorize and pay for any proposed pre- maintenance repairs brought to your attention during the first 30 days of this agreement to bring the equipment to thyssenkrupp maintenance standards, or we will have the option to terminate this agreement immediately, without penalty to us. 3. Schedules This service shall be provided in accordance with thyssenkrupp Elevator standard maintenance practices for such services and thyssenkrupp Elevator shall not be obligated to do any work specified herein prior to the time when such work is deemed necessary by us to preserve an adequate factor of safety. 4. Suspension thyssenkrupp Elevator may suspend the services provided herein, upon written notice to the Purchaser, if payments have not been made in accordance with the terms of the contract. During any period of suspension, no monthly charges will be made hereunder, and the terms and conditions of this contract shall remain in effect, except that thyssenkrupp Elevator shall not have any liability for anything occurring during, or resulting from, such suspension. Upon restoration of thyssenkrupp Elevator services, any work required to restore the elevators to their suspension date condition shall be extra to the contract price. The contract period in which a suspension commences shall be extended by the number of days of the suspension. 5. Termination Either party may terminate thyssenkrupp Elevators services under this agreement at the end of the initial contract period, or the end of any subsequent contract period, by providing the other party with at least 180 days, but no more than 270 days advance written notice in the form of a letter signed by a signing officer prior to the end of the applicable contract period. 6. Change of Ownership In the event of the sale, lease or other transfer of the elevator equipment described herein, or the premises in which they are located, you agree that the intended transfer shall be made conditional upon the acceptance and assumption of the terms, conditions and obligations of this contract by the transferee and the delivery to thyssenkrupp Elevator of the transferee's acknowledgment. Should the transferee fail to assume this agreement, you shall remain liable for all unpaid amounts, including those owed for the balance of the current unexpired term of this agreement. 7. Liability thyssenkrupp Elevator is not an insurer and shall not be liable for damage to property or for injury or death of any person(s) except for damage, injury or death resulting directly from the negligence of thyssenkrupp Elevator or its employees, and with that exception, the Purchaser agrees to indemnify, defend, and hold thyssenkrupp Elevator harmless from any such claim. thyssenkrupp Elevator shall not be liable for any incidental or consequential loss or damage arising from the failure of the elevators to operate or damages occurring as a result of supplementary performance tests such as full load full speed testing required by local regulatory authorities. Without limiting the generality of the foregoing, thyssenkrupp Elevator shall not be liable for incidental or consequential damage or loss resulting from accidents, strikes, lockouts, material and labour shortages not within the reasonable control of thyssenkrupp Elevator or any other cause not within our reasonable control. thyssenkrupp Elevator will not be held liable for any inspection charges by local governing authorities or any charges related to independent third parties. In the event that the contract is terminated, thyssenkrupp Elevator will not be held liable for any costs, repairs, or directives whether existing or not during the term or following the term of the agreement. Further, Page 3 of Contract No. thyssenkrupp Elevator (Canada) Limited Rev. May 2016 thyssenkrupp Elevator (Canada) Limited MASTER COVERAGE ESSENTIALS AGREEMENT we will not be liable for damages of any kind, whether in contract or in tort, or otherwise, in excess of the annual price of this agreement. The Purchaser hereby waives any and all rights of Subrogation as against thyssenkrupp Elevator. 8. Assignment This contract and the benefits hereof may not be assigned without thyssenkrupp Elevators written consent. 9. Obsolescence In the event that any part, component or assembly is no longer available from the usual sources due to obsolescence, the Purchaser agrees to allow thyssenkrupp Elevator to replace such part, component or assembly at the Purchasers cost. Obsolescence is defined as parts, components or equipment no longer available from or supported by the original equipment manufacturer. Purchasers prior authorization shall be requested prior to proceeding with such replacement. Such authorization shall not be unduly withheld. 10. Title If thyssenkrupp Elevator supplied and/or installed the elevator equipment which is to be maintained under this contract and thyssenkrupp Elevator has not yet been paid in full under its supply and/or installation contract, the Purchaser hereby acknowledges that thyssenkrupp Elevator retains the title to the elevator(s) until monies owing to thyssenkrupp Elevator under the contract have been paid, and this agreement is without prejudice to thyssenkrupp Elevator rights under thyssenkrupp Elevators supply and/or installation contract. 11. Mutual Responsibilities a) You agree to provide us with unrestricted and safe access to all areas of the building and building site, in which any part of your elevator equipment may be located. You also agree to keep the elevator machine rooms and pit areas free from water, stored materials, or debris. You will provide the employees of thyssenkrupp Elevator a safe work environment and that you will remove and correct any problems associated with hazardous materials in accordance to applicable laws and/or provincial regulations. You agree to provide all specialized equipment, rigging, and hoisting services, if required, to safely remove elevator components off site in need of repair or replacement. b) thyssenkrupp Elevator and you agree that you have control, possession and management of the elevator equipment and that such control, possession and management is not assumed by thyssenkrupp Elevator but remains exclusively with the Purchaser. The Purchaser shall be solely responsible for the operation of the equipment, including but not restricted to, the proper loading of the elevator and related equipment to its proper capacity and the provision of warning signs, controls and cautions that may be required or desirable to ensure safe operation of the elevator. c) You hereby agree to cease operation of the elevator equipment upon the occurrence of any unsafe mode of operation including any accident, alteration or change affecting the equipment and to maintain surveillance of the equipment for the purpose of detecting any such unsafe or potentially unsafe mode of operation. You also agree to notify thyssenkrupp Elevator immediately by telephone if any unsafe or potentially unsafe mode of operation occurs. d) You agree not to permit others to make alterations, additions, adjustments, upgrades, repairs or replace any component or part of the equipment during the term of this agreement. If you elect to modernize any or all of the Equipment during the term of this agreement, you will give thyssenkrupp Elevator the option, within a reasonable time, to evaluate competitor proposals and to prepare an offer to match price and scope of work, or present an alternative proposal before proceeding. If you should select another supplier for the modernization, the existing agreement is to remain binding on both parties. thyssenkrupp resume upon completion of the modernization of part or all of the equipment and any associated warranty period. The modernized equipment will be subject to review by thyssenkrupp Elevator and deficiencies noted brought to the attention of the Purchaser within 60 days. The term of the original agreement will be extended by any term loss during the modernization and warranty completed by others, and will be subject to a maintenance price adjustment by thyssenkrupp Page 4 of Contract No. thyssenkrupp Elevator (Canada) Limited Rev. May 2016 thyssenkrupp Elevator (Canada) Limited MASTER COVERAGE ESSENTIALS AGREEMENT Elevator. e) If your elevators incorporate thyssenkrupp Elevator computer software, you agree that the use of such software is but a license for your use, solely for the purpose of operating the elevators/escalators for which this software was provided. You also agree to keep such software in confidence and will not allow this software to be otherwise copied, displayed, transferred, modified, distributed, reverse assembled and/or compiled. f) You retain the rights to any non-thyssenkrupp Elevator software used by the elevators covered by this agreement but agree to allow us to make one backup or archival copy for you. g) You acknowledge that a machine room climate and temperature within the industry recognized 10 to 30 degree Celsius range ensures the best overall operation of the equipment and that you will maintain that temperature. 12. Drawings The PURCHASER agrees to furnish a complete set of "AS BUILT" wiring diagrams for the complete system where necessary. If the elevator is built by thyssenkrupp Elevator or thyssenkrupp Northern, thyssenkrupp Elevator shall provide wiring diagrams for permanent and long-time use by our elevator examiners. 13. Representation thyssenkrupp Elevator shall assign an Account Representative to the properties covered by this agreement, to provide assistance with contract, repairs, upgrades, modifications and long term planning for your vertical equipments needs. thyssenkrupp Elevator shall also ensure that a Supervisor is available to assist the Purchaser and thyssenkrupp Elevatos employees in ensuring you receive the very best in vertical equipment maintenance. 5. CONTRACT PRICE 1. The Price of this service will be: One Hundred Twenty Five Dollars ($125.00) per month payable quarterly upon receipt of invoice. At least one year from the contract commencement date and as soon as practical after we have received notice of change in the labour rates, this price shall be increased or decreased. Such increase or decrease shall be in direct proportion to the increase or decrease in the straight time hourly labour cost (the sum of the straight time hourly labour rates plus any other related costs and the average cost of fringe benefits paid by us for elevator examiners in the locality where the equipment is to be serviced) and will occur annually on the contract anniversary date as compared with the previous year labour cost applicable to this contract. We also reserve the right to make an additional adjustment to the contract price annually on the basis of changes in other expenses such as fuel, waste disposal, government regulations or administrative costs. 2. The Goods and Services Tax (GST) or the Harmonized Sales Tax (HST) will be invoiced as an extra to the current contract price. Any change in such taxes, any new taxes, or changes in tax policy which may become effective after the Proposal Date, will not be included in the current contract price. thyssenkrupp Elevator shall advise as soon as practical, after we have received such notice of change, the effects of any such change on the normally charged contract price. 3. The method of payment will be electronic direct debit. To enable us to process direct debit payments, you agree to provide a copy of a voided check from your business bank account. 4. Simple interest at 2% monthly will apply on amounts not paid when due for over thirty (30) days. 5. If the Purchaser defaults in making of any payments called for in this contract, Purchaser agrees to pay, in addition to any defaulted amount, all thyssenkrupp Elevator legal fees, collection costs, and court costs in connection herewith. thyssenkrupp Elevator reserves the right to share any relevant credit information when requested of us. Failure to pay any sum due by you within sixty (60) days will be a material breach. We may at our option declare all sums due or to become due for the unexpired term immediately due and payable as liquidated damages, and until the same are paid be discharged from further obligations under the contract. 6. The Proposal is subject to approval in writing by thyssenkrupp Elevator subsequent to acceptance by the Purchaser. Upon such acceptance and approval it shall constitute exclusively Page 5 of Contract No. thyssenkrupp Elevator (Canada) Limited Rev. May 2016 thyssenkrupp Elevator (Canada) Limited MASTER COVERAGE ESSENTIALS AGREEMENT and entirely the contract for the services herein described. No changes in or additions to this agreement will be binding on either party unless made in writing and executed by both parties. Presentation of this document does not supercede any terms and conditions of any thyssenkrupp Elevator contract currently in effect. 7. The terms and conditions herein form part of this agreement. 8. Extended Contract Term Discount - The initial and subsequent term of this agreement will be replaced by the Extended Contract Term selected below, and we will apply the corresponding discount to the net billing amount. Extended Contract Price Check for Purchaser's Initial Term Discount Selection Acceptance 12 Year 3% 15 Year 5% 20 Year 7% 25 Year 10% In the event a customer chooses an extended term, the Contract will automatically renew at the expiration of the Extended Contract Term for successive periods equal to the initial Extended Contract Term. Either party may terminate the Contract at the end of the initial Extended Contract Term or at the end of any subsequent Extended Contract Term by giving the other party advance written notice in accordance with the termination clause in this agreement. In the event the Contract is terminated for any reason prior to the expiration date of the Extended Term or any subsequent Extended Term, you agree to pay us the amount of the full Extended Term discount you received during the Extended Term or any subsequent Extended Term. This is in addition to and not in lieu of any other rights or remedies we may have. 6. ACCEPTANCE Your acceptance of this agreement and its approval by an authorized manager of thyssenkrupp Elevator will constitute exclusively and entirely the agreement for the services herein described. All other prior representations or agreements, whether written or verbal, will be deemed to be merged herein and no other changes in or additions to this agreement will be recognized unless made in writing and properly executed by both parties. Should your acceptance be in the form of a purchase order or other similar document, the provisions of this agreement will govern, even in the event of a conflict. This proposal is submitted for acceptance within ninety (90) days from the Date Submitted by the thyssenkrupp Elevator representative indicated below. No agent or employee shall have the authority to waive or modify any of the terms of this agreement without the prior written approval of an authorized thyssenkrupp Elevator manager. thyssenkrupp Elevator (Canada) thyssenkrupp Elevator Purchaser Acceptance: Limited: (Canada) Limited Approval: By: By: By: (Signature of Account Rep.) (Signature of Authorized (Signature of Authorized Individual) Individual) (Print Name) (Print Name) thyssenkrupp District Manager (Print Name) (District Office Location) (Title) (Date of Approval) (Date Submitted) (Date of Approval) Page 6 of Contract No. thyssenkrupp Elevator (Canada) Limited Rev. May 2016 DATE:02/09/2016 TO:FROM: City Of Saint JohnOTIS CANADA, INC. Po Box 1971120 Ashburn Lake Road, Unit 8 -Saint John, NB E2J 5E2 Saint John, NB E2L 4L1 EQUIPMENT LOCATION:Adam Noade Saint John Arts CentrePhone: (506) 639-6482 20Hazen Street Fax:(506) 634-0619 Saint John, NB E2L 5A5 PROPOSAL NUMBER: AHK352 EQUIPMENT DESCRIPTION: No Of UnitsType Of UnitsManufacturerCustomer Machine Number Designation 1HYDRAULIC DOVER Only ElevatorF38557 OTIS MAINTENANCE We propose to furnish Otis Maintenance on the equipment ?aXQ/23bB described above. Otis Maintenance is a full preventive maintenance service intended to protect your investment, extend equipment life, and provide a high level of performance and reliability. SM OTIS MAINTENANCE MANAGEMENT SYSTEM We will use the Otis Maintenance Management System preventive maintenance program to deliver service tailored to your specific building needs. Equipment type, component life, equipment usage, and building environment will be taken d into account by the OMMS scheduling system, which will be used to plan maintenance activities in advance. The Units will be provided with devices to monitor equipment usage. We will use OMMS standard work processes developed and continuously improved by Otis. Under this Contract, we will maintain the Units on the following terms and conditions: PERFORMANCE MAINTENANCE We will maintain the Units using trained personnel directly employed and supervised by us. The maintenance will include inspection, lubrication, and adjustment of the following parts: Controller parts, selectors and dispatching equipment, relays, solid-state components, transducers, resistors, condensers, power amplifiers, transformers, contacts, leads, dashpots, timing devices, computer and microcomputer devices, steel selector tapes, mechanical and electrical driving equipment, signal lamps, and position indicating equipment. Door operators, car door hangers, car door contacts, door protective devices, load weighing equipment, car frames, car safety mechanisms, platforms, car and counterweight guide shoes including rollers and gibs, and emergency car lighting. Hoistway door interlocks and hangers, bottom door guides, and auxiliary door closing devices. Machines, worms, gears, thrust bearings, drive sheaves, drive sheave shaft bearings, brake pulleys, brake coils, contacts, linings, and component parts.  OTIS CANADA, INC., 2012 All Rights Reserved LiNX Form MNT-OMC (01/30/13) Proposal#: AHK352 Page 1 of 9 Motors, brushes, brush holders, and bearings. Governor components, governor sheaves and shaft assemblies, bearings, contacts, governor jaws, deflector or secondary sheaves, car and counterweight buffers, car and counterweight guide rails, car and counterweight sheave assemblies, top and bottom limit switches, governor tension sheave assemblies, and compensating sheave assemblies. Pumps, pump motors, operating valves, valve motors, leveling valves, plunger packings, exposed piping, above ground plungers and cylinders, and hydraulic fluid tanks. Escalator handrails, handrail drive chains, handrail brush guards, handrail guide rollers, alignment devices, steps, step treads, step wheels, step chains, step axle bushings, comb plates, floor plates, tracks, external gearing, and drive chains. Escalator upper drives, upper drive bearings, tension sprocket bearings, upper newel bearings and lower newel bearings, demarcation lights, and comb lights. RELIABILITY PARTS COVERAGE If necessary, due to normal usage and wear, Otis will repair or replace any of the parts specified above at their sole discretion, unless specifically excluded elsewhere in the contract. Any parts under this Contract requiring replacement will be replaced with parts selected by Otis. PARTS INVENTORY We will during the term of this Contract maintain a supply of frequently used replacement parts and lubricants selected byOtis to meet the specific routine requirements of the Units. Any replacement parts stored in the machine room remain our property until installed in the Units. We further agree to maintain a supply of routine replacement parts available for express delivery in case of emergencies. QUALITY CONTROL We will periodically conduct field audits of our personnel and the Units to maintain quality standards. Otis field engineers will provide technical assistance, technical information, and Code consultation to support our maintenance organization. RESPONSIVENESS 24-HOUR DISPATCHING We will, at your request, provide you with access to eService and our OTISLINE 24-hour, year-round dispatching service. In the event a Unit malfunction occurs between regular examinations, you will be able to place a service call on eService or through an OTISLINE customer service representative, who will, at your request, dispatch an examiner to perform service. In the event Otis receives an emergency call from the phone in the elevator and a passenger indicates a need for assistance, Otis shall attempt to contact a building representative for an assessment of the situation and authorization to respond to the call. If Otis is unable to reach a building representative, Otis shall respond to the emergency call from the phone in the elevator. The visit will be treated as a Callback. It is your responsibility to: (a) have a representative available to receive and respond to OTISLINE calls; and (b) maintain working telephone equipment. COMMUNICATION CUSTOMER REPRESENTATIVE As a service to you, and at your request an Otis representative will be available to discuss with you your elevator needs in the areas of modernization, traffic handling ability, recommendations and requirements of Code authorities, proper use and care of the Units, and the OMMS program. There is no additional charge for this consulting service, but by making this service available to you, Otis does not assume any duty to warn. REPORTS 8 eSERVICE We will use the OMMS program to record completion of maintenance procedures. We will, at your request, provide you access to eService. You will be able to access twelve (12) months of repair, completed maintenance procedure and service call history for the Unit(s). You will be responsible for obtaining Internet access to use eService. SAFETY AND ENVIRONMENT  OTIS CANADA, INC., 2012 All Rights Reserved LiNX Form MNT-OMC (01/30/13) Proposal#: AHK352 Page 2 of 9 SAFETY TESTS 8 HYDRAULIC ELEVATORS We will conduct an annual no load test and annual pressure relief valve test. *!+&*!17 &+": SERVICE TEST If the equipment has firefighters' service, you assume responsibility for performing and keeping a record of any Code required tests and for the maintenance, functioning and testing of the smoke and/or heat detectors. If during the initial firefighters' service test any elevator firefighters' service is found to be inoperable, the building will be responsible for all of the cost associated with the repairs necessary to bring the unit in compliance with the applicable Codes. If any applicable Code or governing authority mandates that such required tests be performed by a licensed elevator mechanic, OTIS CANADA, INC. will provide such testing and service on an Open Order basis. You will be responsible for the costs associated with such testing and service. SAFETY TRAINING We will instruct our personnel to use appropriate personal protection equipment and follow safe work practices. ENVIRONMENTAL PROTECTION OTIS CANADA, INC. endeavors to reduce generation of waste materials, to minimize risks to the environment, customers, the general public and OTIS CANADA, INC. employees, and to comply with all federal and state environmental laws and regulations. Material Safety Data Sheet (MSDS) Manuals are available for review at your request. You assume responsibility for removal of wastes, including but not limited to hydraulic oil, spoils, asbestos, etc., as it is not part of this Contract. MAINLINE DISCONNECTS You agree to engage a qualified electrician to service at least once annually the elevator mainline disconnects located in the elevator equipment room. SHARED RESPONSIBILITY You agree to provide us unrestricted ready and safe access to all areas of the building in which any part of the Units are located and to keep all machine rooms and pit areas free from water, stored materials, and debris. You agree to provide a safe work place for our personnel, and to remove and remediate any waste or hazardous materials in accordance with applicable laws and regulations. If any Unit is malfunctioning or is in a dangerous condition, you agree to immediately notify us using the 24-hour OTISLINE service. Until the problem is corrected, you agree to remove the Unit from service and take all necessary precautions to prevent access or use. You agree to properly post, maintain, and preserve any and all instructions or warnings to passengers in connection with the use of any Units. In furtherance of !$Hi3 directive contained in 29 C.F.R. j 1910.147(f)(2)(i), which requires that a service provider (an a;V23/74 4<D-;\]45bB and its customer (an a;Q>3/24 4<D-;\]45bB must inform each other of their respective lock out/tag out ?a8!"!bB procedures whenever outside servicing personnel are to be engaged in control of hazardous energy activities onthe _V32;<45i3 site, Otis incorporates by reference its mechanical LOTO procedures and its electrical LOTO procedures. These procedures can be obtained at www.otis.com by (1) clicking on a"14 <45/_E3b tab on the left side of the website; (2) choosing aX$@SQ0-/31b to take you to the aX$b web page; (3) clicking on the a!2/3 $EK42\]b link on the left side of the page; and (4) downloading the a8;_W;V2 Tagout Policy Otis M)+b and a=4_1EQ/_E- Energy Policy Otis P)+(b both of which are in .pdf format on the right side of the website page. Customer agrees that it will disseminate  OTIS CANADA, INC., 2012 All Rights Reserved LiNX Form MNT-OMC (01/30/13) Proposal#: AHK352 Page 3 of 9 these procedures throughout its organization to the appropriate personnel who may interact with Otis personnel while Otis personnel are working on site at %V32;<45i3 facility. WORK SCHEDULE NORMAL HOURS All maintenance procedures and repairs will be performed during our regular working hours of our regular working days for the examiners who perform the service. All lamp and signal replacements will be performed during regular examinations. For purposes of this Contract, a Callback is a response by Otis to a request for service or assistance made (a) by the customer or customer representative, (b) by the building or building representative; (c) by emergency personnel; (d) through the ADA phone line, and/or (e) through .S=d monitoring system, for service or assistance, on an as needed basis, excluding regularly scheduled maintenance. Regular working hours: 8:00 AM k 4:30 PM. Regular working days: Monday k Friday excluding holidays. OVERTIME Callbacks outside of regular working hours will be billed at standard overtime rates. OWNERSHIP AND LICENSES WIRING DIAGRAMS You agree to provide us with current wiring diagrams reflecting all previously made changes for Units covered by this Contract to facilitate proper maintenance of the equipment. We shall maintain the wiring diagrams so that they properly reflect any changes made by OTIS CANADA, INC. to the equipment. These diagrams will remain your property. OTIS SERVICE EQUIPMENT Any counters, meters, tools, remote monitoring devices, or communication devices which we may use or install under this Contract remain our property, solely for the use of OTIS CANADA, INC. employees. Such service equipment is not considered a part of the Units. You grant us the right to store or install such service equipment in your building and to electrically connect it to the Units. You will restrict access to the service equipment to authorized OTIS CANADA, INC. personnel. You agree to keep the software resident in the service equipment in confidence as a trade secret for OTIS CANADA, INC.. You will not permit others to use, access, examine, copy, disclose or disassemble the service equipment or the software resident in the service equipment for any purpose whatsoever. If the service is terminated for any reason, we will be given access to your premises to remove the service equipment, including the resident software, at our expense. OTIS SOFTWARE Software owned by OTIS CANADA, INC. may be embedded in parts or otherwise provided by OTIS CANADA, INC. as part of this maintenance agreement. You have the right to use this software only for operation of the units for which the part was provided. You may also make a backup or archival copy of the software, provided you reproduce the copyright notice and any other legend of ownership on the copy. You may not otherwise copy, display, adapt, modify, distribute, reverse assemble, reverse compile, or otherwise translate the software. You will not transfer possession of the software except as part of a transfer of ownership of the Units and the assumption of the rights and obligations under this agreement by the transferee. NON-OTIS SOFTWARE You retain your rights to any software not provided by OTIS CANADA, INC. contained in the Units and agree to allow OTIS CANADA, INC. to make one backup or archival copy for you. SERVICE TOOLS You are responsible to secure our right to use any special service tools required to maintain your non- OTIS CANADA, INC. equipment. These tools must be provided prior to us beginning maintenance on such equipment. THE UNITS  OTIS CANADA, INC., 2012 All Rights Reserved LiNX Form MNT-OMC (01/30/13) Proposal#: AHK352 Page 4 of 9 It is agreed that we do not assume possession or control of the Units, that such Units remain yours solely as owner and operator, lessee, or agent of the owner or lessee, and that you are solely responsible for all requirements imposed by any federal, state, or local law, Code, ordinance or regulation. CLARIFICATIONS This Contract does not cover car enclosures (including, but not limited to, wall panels, door panels, car gates, plenum chambers, hung ceilings, lighting, light diffusers, light tubes and bulbs, handrails, mirrors and floor coverings), rail alignment, hoistway enclosures, hoistway gates, hoistway inserts and brackets, mainline disconnect switches, doors, door frames, sills, swing door hinges and closing devices, below ground or unexposed hydraulic cylinders and plungers, buried or unexposed piping, escalator balustrades, escalator lighting or wedge guards. Without affecting our obligation to provide service under this Contract, you agree to permit us to train our personnel on the Units. This Contract does not cover computer and microcomputer devices, such as terminal keyboards and display units that are not exclusively dedicated to the elevator system. This Contract does not cover telephones installed by others, intercoms, heat sensors, smoke sensors, communications equipment, or safety signaling equipment, or instructions or warnings in connection with use by passengers. We will not be required: (i) to make any tests other than that as specifically set forth herein; (ii) to make any replacements with parts of a different design or type; (iii) to make any changes in the existing design of the Units; (iv) to alter, update, modernize or install new attachments to any Units, whether recommended or directed by governmental authorities or by any third party; (v) to make repairs or replacements necessitated by failures detected during or due to testing of the Units or buried or unexposed hydraulic cylinders or piping and (vi) to replace or repair any component or system utilizing obsolete or discontinued parts, including parts for which the original design is no longer manufactured bythe original equipment manufacturers, or parts where the original item has been replaced by an item of different design or is replaceable only by fabrication; (vii) to provide reconditioned or used parts; (viii) to make any replacements, renewals, or repairs necessitated by reason of any cause beyond our control including, but not limited to, fire, explosion, theft, floods, water, weather, earthquake, vandalism, misuse, abuse, mischief, or repairs by others. You assume responsibility for the cost of correcting all Elevator Code violations existing on the date we enter into this Contract. If such Code violations or other outstanding safety violations are not corrected in accordance with this Contract, Otis may with respect to the equipment not meeting Code requirements cancel this Contract without penalty by providing thirty (30) days written notice. Should you require us to interface with a third party work order, insurance or safety systems, Otis will add an appropriate fee to cover the additional cost associated with this service. Neither party shall be liable for any loss, damage or delay due to any cause beyond our reasonable control including, but not limited to, acts of government, strikes, lockouts, other labor disputes, fire, explosion, theft, floods, water, weather, earthquake, riot, civil commotion, war, vandalism, misuse, abuse, mischief, or acts of God. We agree that we shall be liable for accidents and injuries to person or property when adjudged to have been caused by the sole negligence or willful misconduct of Otis or our employees. In all other instances, Customer shall indemnify, defend and hold us harmless against all claims, damages, losses, costs, and expenses (including attorney's fees and other litigation costs) arising out of or connected with the use, repair, maintenance, operation or condition of the Equipment. We shall maintain c;5W45i3 compensation and 4<D-;\]453i liability insurance covering our liability for injury or death sustained by our employees, and comprehensive general liability insurance. You shall insure that all risk insurance upon the full value of the Work and material delivered to the job site is maintained at no cost to us. If either party so requires, in writing, the other party shall furnish certificates of insurance evidencing the above insurance coverages. Notwithstanding any other agreement or provision to the contrary, under no circumstances will either party be liable for any indirect, special or consequential damages of any kind, including, but not limited to, fines or penalties, loss of profits, loss of rents, loss of good will, loss of business opportunity, additional financial costs, or loss of use of any equipment or property, whether in contract, tort, warranty or otherwise. You agree to provide us unrestricted ready and safe access to all areas of the building in which any part of the Units are located, to keep all machine rooms and pit areas free from water, stored materials, and debris, to provide a safe work place for our personnel, to remove and remediate any waste or hazardous materials in accordance with applicable laws  OTIS CANADA, INC., 2012 All Rights Reserved LiNX Form MNT-OMC (01/30/13) Proposal#: AHK352 Page 5 of 9 and regulations, and to provide a grounded, 3-prong electrical system and proper lighting in the machine rooms and pits. We shall not be obliged to perform until such unsafe condition has been remedied. If any Unit is malfunctioning or is in a dangerous condition, you agree to notify us as soon as possible using the 24-hour OTISLINEd service. Until the problem is corrected, you agree to remove the Unit from service and take all necessary precautions to prevent access or use. You will provide written notice within twenty-four hours after occurrence of any accident in or about the elevator (s) and/or escalator(s) to us and if required by law, to any local authorities. You further agree to preserve replaced parts. Escalator Units are designed only for transporting passengers. For escalator Units, you agree to take all necessary measures to prevent other items from being conveyed, so that features designed to protect passengers and prevent property damage are not damaged. When stationary, escalators are to be properly barricaded and not to be used as steps. You agree to properly post, maintain, and preserve any and all instructions or warnings to passengers in connection with the use of any Units. In the event of an entrapment, Customer will call Otis and wait for a trained and licensed elevator mechanic to arrive, except for a medical emergency situation where it may be appropriate to summon a professional first responder such as police or firemen. Customer agrees that its agents, contractors, employees or representatives shall not attempt to extricate any passengers from an elevator that becomes stalled within the hoistway. Otis will not be required to make renewals or repairs necessitated by fluctuations in the building AC power systems, adverse hoistway or machine room conditions (including temperature variations below 60 degrees and above 90 degrees Fahrenheit), excessive humidity, adverse environmental conditions, water damage, rust, fire, explosion, acts of God, misuse, or vandalism. If this Agreement is terminated prematurely for any reason, other than our own default, you agree to pay as liquidated damages, and not as a penalty, one-half (50%) of the remaining amount due under this Agreement. Should this Agreement be accepted by you in the form of a purchase order, the terms and conditions of this Agreement will take precedence over those of the purchase order. We will not be liable for any claim, injury, delay, death or loss or property resulting from telephone equipment failure, false alarms, interruption of telephone service, or "no voice calls", i.e. calls from inside the equipment to Otisline where there is no verbal response to the Otisline operator. ALTERATIONS You will not allow others to make alterations, additions, adjustments, or repairs to the equipment. SPECIAL PROVISIONS Notwithstanding any other provision herein to the contrary, the following provisions shall be applicable and govern in the event of conflict: CONTRACT PRICE AND TERM CONTRACT PRICE Two hundred forty-five dollars ($ 245.00 ) per month, payable Annually PRICE ADJUSTMENT The Contract Price will be adjusted on the effective date of any labour rate adjustment under OTIS CANADA, INC. i3 contract with the International Union of Elevator Constructors (IUEC Contract) to reflect increases or decreases in material and labour costs.  OTIS CANADA, INC., 2012 All Rights Reserved LiNX Form MNT-OMC (01/30/13) Proposal#: AHK352 Page 6 of 9 A. Material Twenty-two dollars and ninety-three cents ($ 22.93 ) of the original Contract Price will be increased or decreased shown by the index of Primary Metal Industries issued by the prices division of Statistics Canada for the latest available month preceding the price adjustment month compared with the index on 01/01/2016 which was 103.100. B. Labour Two hundred twenty-two dollars and seven cents ($ 222.07 ) of the original Contract Price will be increased or decreased by the percent increase or decrease in the straight time hourly labour cost under the IUEC contract on 01/05/2015 which was 50.970. The phrase a325E/012 time hourly labor _;32b means the sum of the straight time hourly labor rate plus the hourly cost of fringe benefits paid to elevator examiners in the locality where the equipment is to be maintained. TERM The Commencement Date will be 01/09/2016. The Term of this Contract unless modified under the extended term below, will be for one (1) year beginning on the Commencement Date. The Contract will automatically be renewed on the first anniversary for an additional one (1) year unless terminated by either party by giving written notice to the other party at least ninety (90) days, but no more than 120days prior to the end of the current one (1) year term. Thereafter, the Contract will automatically be renewed on each first anniversary for an additional one (1) year term unless terminated by either party by giving written notice to the other party at least ninety (90) days, but no more than 120 days prior to the end of the then current one (1) year term. In the event that you sell the building or your interest is terminated prior to the expiration of the Contract, you agree to assign the Contract to the new owner or successor and to cause the new owner to assume your obligations under this agreement. If the new owner or successor fails to assume your obligations under the Contract, then you agree to pay to OTIS CANADA, INC. all sums due for the unexpired Term. PAYMENTS Beginning on the Effective Date, payments will be due and payable on or before the first day of the contract year in which services are rendered beginning on the Commencement Date. If an alternate payment plan is selected other than the standard annual payment, the following additional cost will be applied to the net billing amount: Billing FrequencyAdd to Contract PriceSelectionInitial Semiannual1%______ Quarterly3%______ Monthly4%______ The method of payment will be electronic direct debit. To enable us to process direct debit payments, you agree to provide a copy of a voided check from your business bank account. The above price does not include the Goods and Services Tax (GST), the Harmonized Sales Tax (HST) or the Quebec Sales Tax (QST). In addition to the agreed price, you shall pay to us any future applicable tax imposed on us, our suppliers, or you in connection with the performance of the work described. Unless otherwise stated in the Agreement, all payments, prices, and fees mentioned in this Agreement do not include sales and use taxes, value added taxes, goods and services taxes, customs duties, excises, or any other taxes ?a"EO43bB) $4--45i3 invoices shall include amounts of Taxes required by applicable law and separately state each of the Taxes. Buyer shall be responsible for any and all additional Taxes imposed after the issuance of $4--45i3 invoice.  OTIS CANADA, INC., 2012 All Rights Reserved LiNX Form MNT-OMC (01/30/13) Proposal#: AHK352 Page 7 of 9 You agree to pay a late charge from the date such sums become due of one and one-half percent (1.5%) per month, or the highest legally permitted rate, whichever is less, on any balance past due for more than thirty (30) days, together with all costs (including, but not limited to, E22;5Q4\]3i fees) incurred by us to collect overdue amounts. Failure to pay any sum due by you within sixty (60) days will be a material breach. We may at our option declare all sums due or to become due for the unexpired term immediately due and payable as liquidated damages, and until the same are paid be discharged from further obligations under the contract. ACCEPTANCE This proposal, when accepted by you below and approved by our authorized representative, will constitute the entire and exclusive contract between us for the services to be provided and your authorization to perform as outlined herein. All prior or contemporaneous oral or written representations or agreements not incorporated herein will be superseded. Any purchase order issued by you in connection with the services to be provided will be deemed to be issued for your administrative or billing identification purposes only, and the parties hereto intend that the terms and conditions contained herein will exclusively govern the services to be provided. We do not give up rights under any existing contract until this proposal is fully executed. This Contract may not be changed, modified, revised or amended unless in writing signed by you and an authorized representative of OTIS CANADA, INC.. Further, any manual changes to this form will not be effective as to OTIS CANADA, INC. unless initialed in the margin by an authorized representative of OTIS CANADA, INC.. THIS QUOTATION is valid for ninety (90) days from the proposal date. Submitted by:Adam Noade Title:Account Manager E-mail:adam.noade@otis.com Accepted in Duplicate CUSTOMEROTIS CANADA, INC. Approved by Authorized RepresentativeApproved by Authorized Representative Date:Date: Signed:Signed: Print Name:-Print Name:Jeff Richard Title-TitleManager - Atlanic Canada E-mail:- Name of Company- Principal, Owner or Authorized Representative of Principal or Owner Agent: ______________________________________ (Name of Principal or Owner)  OTIS CANADA, INC., 2012 All Rights Reserved LiNX Form MNT-OMC (01/30/13) Proposal#: AHK352 Page 8 of 9 BILL TO INFORMATION Company Name: Address: Address 2: City: State: Zip Code: ACCOUNTS PAYABLE CONTACT Name: Phone Number: Fax Number: E-mail: TAX STATUS Are you tax exempt?YesNo If yes, please provide tax exempt certificate Do you require a Purchase Order be listed on your invoices?YesNo If yes, please provide contact info for PO renewal: Name: Fax: Phone: E-Mail: Would you like Otis to automatically debit your bank account for your maintenance invoices?YesNo If yes, please provide blank check for bank routing and account information.  OTIS CANADA, INC., 2012 All Rights Reserved LiNX Form MNT-OMC (01/30/13) Proposal#: AHK352 Page 9 of 9 thyssenkrupp Elevator (Canada) Limited MASTER COVERAGE ENHANCED AGREEMENT Master Coverage Enhanced Service is a systematic program of protective maintenance designed to keep the elevating equipment in proper operating condition throughout the contract term. All work will be performed by experienced technicians directly employed, trained and supervised by thyssenkrupp Elevator (Canada) Limited (hereinafter callthyssenkrupp Elevator supported by our complete technical facilities. This elevator maintenance service will be provided to: (hereinafter referred to as Purchaser) /źƷǤ ƚŅ {ğźƓƷ WƚŷƓ th .ƚǣ ЊВАЊ {ğźƓƷ WƚŷƓͲ b. 9Ћ\[ Ѝ\[Њ For the following elevating devices: ELEVATING EQUIPMENT: # of units Manufacturer Equipment Type Capacity Speed Install # Њ ŷǤƭƭĻƓYƩǒƦƦ tğƭƭĻƓŭĻƩ ЋͲЎЉЉ ƌĬƭ ЊЋЎ ŅƦƒ ЉЉЋЎЍЋЍВ Њ ŷǤƭƭĻƓYƩǒƦƦ tğƭƭĻƓŭĻƩ ЋͲЎЉЉ ƌĬƭ ЊЋЎ ŅƦƒ ЉЉЋЎЍЋЍЍ (Hereinafter referred to as levators) Located at: {ğźƓƷ WƚŷƓ tƚƌźĭĻ {ƷğƷźƚƓ Њ tĻĻƌ tƌğǩğ {ğźƓƷ WƚŷƓͲ b. Servicing of the elevators will be performed on a regular and systematic basis. This service will commence September 1, 2016 for an initial Five (5) year contract period, and will continue for subsequent periods of Five (5) years throughout the life of the equipment or until terminated as provided herein. thyssenkrupp Elevator shall provide maintenance service in accordance with our designed standards and procedures for elevator maintenance tailored to the needs of the equipment. Under this Master Coverage Agreement, thyssenkrupp Elevator will regularly examine, clean, adjust, lubricate, and if in our opinion conditions warrant it, we will repair or replace electrical and mechanical components of the elevators and escalators whenever necessitated by normal wear and tear as follows: 1. ELEVATORS 1. Machine couplings, shafts, gears, bearings, flexible mountings, cable sheaves, 2. Motors and motor-generators, windings, brushes, commutators, brush holders, bearings, exciters, tachometers, 3. Door operators, hanger sheaves, upthrust rollers, gibs, guides, protective rays, door motors, drive belts, gear reductions, interlocks, clutches, linkages, relating devices, door tracks, 4. Hoistway equipment, car and counterweight buffers, conductor cables, guide rollers and shoes, deflector and secondary sheaves, compensating sheaves, load weighing devices, limit switches, hoistway inductors, car top operating devices, 5. Controllers and selectors, relays, coils, contacts and contact springs, shunts, resistors, condensers, transformers, stepping switches, rectifiers, motor starters, overcurrent devices, 6. Signal devices, car and hall pushbuttons, position indicators, hall lanterns and gongs, Page 1 of Contract No. thyssenkrupp Elevator (Canada) Limited Rev. May 2016 thyssenkrupp Elevator (Canada) Limited MASTER COVERAGE ENHANCED AGREEMENT direction indicators, signal lamps (during regularly scheduled visits), 7. Solid-state circuitry, cards, sockets, integrated circuit modules, speed regulators, timing and computing devices, transistors, 8. Brakes, magnet coils, armatures, shoes, contacts, springs, drums, linings, 9. Safety stopping devices, jaws, bearings, equalizing mechanisms, plank switches, linkage, speed governors, tripping assembly, overspeed switches, tension sheaves, 10. Hydraulic pumps and motors, belt drives, valve, pilots, strainers, mufflers, timers, guide bearings, packing and packing glands. 2. ESCALATORS 1. Machine gears, thrust bearings and housings, brakes, including brake pulleys, brake coils, brake contacts, linings and component parts, 2. Motors, including windings, rotating elements, commutator brushes, brush holders and bearings, 3. Handrail drive, including chains, sprockets, rollers and bearings, universal joints, handrail and alignment devices, 4. Step rollers, bearings, tracks, step chains, sprockets, and comb segments, 5. Governors, including bearings, contacts and jaws. 3. In addition, under this Master Coverage Agreement thyssenkrupp Elevator will: 1. Provide emergency service promptly if any trouble should develop between the regular examinations. The Purchaser agrees to notify thyssenkrupp Elevator without delay if such trouble occurs. (An emergency shall be deemed to exist if passengers are trapped or if more than 50% of the elevators in any one group are out of service) This emergency service, limited to the investigation of trouble, passenger assistance, minor adjustments and minor repairs, and that can be accomplished in two hours or less by one technician will be available on a 24-hour basis. This service outside regular working hours is not included in the contract price. We will respond to non-emergency callbacks during regular working hours within an average of 12 hours of notification. 2. Repair or replace conductor travelling cables as deemed necessary by thyssenkrupp. 3. Regularly check, and as necessary, equalize the tension on all hoisting ropes. 4. Perform annual no load safety tests and annual pressure relief valve tests. 5. Maintain the machinery in clean condition, and regularly clean the machine room, hoistway and pit areas of all dirt and debris relevant to normal elevator operations. 6. Furnish all lubricants, cleaning compounds and cleaning equipment. All lubricants will meet rigid thyssenkrupp specifications with respect to particular applications for which they are required. 7. Maintain the systems capabilities of these elevators as found at the start of the elevator service agreement. 8. Supply special hydraulic operating fluid as required to replenish normal seepage. 9. Provide pre-planned repairs, where significant interruption to elevator operation is involved. The repair will be scheduled to suit the Purchasers convenience wherever reasonably possible within the scope of this contract. 10. thyssenkrupp shall assist in any repair and/or upgrade that the elevating system(s) may need, that falls outside the coverage of this contract. This will include our expertise as to available products, recommendations and long range asset planning to ensure that the continued satisfaction of the Purchaser is maintained. 4. The following is not included under this contract: 1. ELEVATORS: Refinishing, cleaning, repair or replacement of cab and cab finishes, door paneling, handrails, floor and floor covering; hoistway door panels, door frames, swing door hinges and closing devices; car and hall door sills; light fixtures and lamps; emergency cab lighting, ventilation fans, Page 2 of Contract No. thyssenkrupp Elevator (Canada) Limited Rev. May 2016 thyssenkrupp Elevator (Canada) Limited MASTER COVERAGE ENHANCED AGREEMENT intercommunication systems, card readers or other access control devices; media and entertainment devices, fixture kiosks, computer devices or elevator monitoring systems; batteries for emergency lighting and emergency lowering systems; below ground or unexposed hydraulic elevator system, including but not limited to, piping, jack cylinder, piston, PVC, cathodic protection, or other protective material; disposal of used oil; hoistway enclosures, guide rails and alignment; non-maintainable assemblies or parts; steel wire hoist ropes, suspension belts, traction media; controller drives; main disconnect switches and their fuses or circuit breakers, emergency power transfer switchgear, telephone service, smoke/fire alarms and detectors, pit pumps and alarms; supplementary performance testing involving plunger grippers, elevator full load/full speed tests, and/or use of specialized alternative testing equipment to simulate such tests. Accessory equipment unrelated to normal elevator operation is not covered. 2. ESCALATORS: Balustrades including deck covers, moldings, interior solid and glass panels, and skirt panels; step assemblies and treads; pallets; moving walk belts; skirt brushes; truss wedge guards, escalator lighting systems, signage; painted surfaces, including demarcation lines painted on steps or combplates; supplementary step to skirt performance testing. 5. TERMS AND CONDITIONS 1. Working Hours The contract price is based on all work being done during regular working hours (8am to 5pm, Monday to Friday), excluding elevator trade union holidays unless otherwise specified herein. Any work requested outside the regular working hours as indicated, shall be subject to an additional charge at our standard billing rates, plus materials not covered by contract, expenses and travel. Monday through Friday, after hours and Saturday is charged at time and a half for single mechanic. Sunday, statutory holidays, and all overtime crew work on any day is charged at double time. Regular and overtime working hours shall be stipulated by the collective labour agreement with which thyssenkrupp Elevator must comply in the region where the elevators are to be maintained. 2. Additional Work a) Work necessitated by misuse, vandalism, excessive heat in the elevator machine room, electrical voltage fluctuations, storm, fire, flood, riot, replacement of non-maintainable components or parts where thyssenkrupp Elevator is unable through our maintenance program to prevent premature wear or failure, retrieval/replacement of keys/re-keying or any other cause beyond thyssenkrupp Elevators control, is extra to this contract and shall be subject to additional charge at the applicable billing rates for material and labour. thyssenkrupp Elevator assumes no responsibility for the day-to-day operation of the governor or safeties on traction elevators, or the hydraulic system on hydraulic elevators under the terms of this agreement where safety tests are outstanding on the commencement date of this agreement until such time as the test has been completed and the equipment passed. Costs associated with this initial test and repairs will be subject to charge at our standard billing rates. thyssenkrupp Elevator will not be obligated or bound by opinions or directives by third-party firms, insurance companies, or other organizations and such work will be subject to additional charges. b) This contract does not include the making of tests, additions or modifications, to the elevators or escalators as may be required by governmental authorities or independent third parties, unless otherwise accepted by thyssenkrupp Elevator and/or specified herein. This maintenance agreement does not cover any labour, parts or materials which may be required to comply with future legislation effective following the commencement date of this agreement. Supplementary performance testing of elevators using full load at full speed or use of specialized alternative testing equipment to simulate such tests, and escalator step to skirt performance testing (SSPI) that may be required by the local jurisdiction is not included. Costs associated with such tests and any remedial repairs and additional testing required as a result of these regulated tests would be extra to the contract at thyssenkrupp Elevators applicable rates. thyssenkrupp Elevator will not assume responsibility for the cost of Page 3 of Contract No. thyssenkrupp Elevator (Canada) Limited Rev. May 2016 thyssenkrupp Elevator (Canada) Limited MASTER COVERAGE ENHANCED AGREEMENT correcting elevator code or third-party deficiencies existing on the date we enter into this agreement. Further, you agree that you will authorize and pay for any proposed pre- maintenance repairs brought to your attention during the first 30 days of this agreement to bring the equipment to thyssenkrupp maintenance standards, or we will have the option to terminate this agreement immediately, without penalty to us. 3. Schedules This service shall be provided in accordance with thyssenkrupp Elevator standard maintenance practices for such services and thyssenkrupp Elevator shall not be obligated to do any work specified herein prior to the time when such work is deemed necessary by us to preserve an adequate factor of safety. 4. Suspension thyssenkrupp Elevator may suspend the services provided herein, upon written notice to the Purchaser, if payments have not been made in accordance with the terms of the contract. During any period of suspension, no monthly charges will be made hereunder, and the terms and conditions of this contract shall remain in effect, except that thyssenkrupp Elevator shall not have any liability for anything occurring during, or resulting from, such suspension. Upon restoration of thyssenkrupp Elevator services, any work required to restore the elevators to their suspension date condition shall be extra to the contract price. The contract period in which a suspension commences shall be extended by the number of days of the suspension. 5. Termination Either party may terminate thyssenkrupp Elevators services under this agreement at the end of the initial contract period, or the end of any subsequent contract period, by providing the other party with at least 180 days, but no more than 270 days advance written notice in the form of a letter signed by a signing officer prior to the end of the applicable contract period. 6. Change of Ownership In the event of the sale, lease or other transfer of the elevator equipment described herein, or the premises in which they are located, you agree that the intended transfer shall be made conditional upon the acceptance and assumption of the terms, conditions and obligations of this contract by the transferee and the delivery to thyssenkrupp Elevator of the transferee's acknowledgment. Should the transferee fail to assume this agreement, you shall remain liable for all unpaid amounts, including those owed for the balance of the current unexpired term of this agreement. 7. Liability thyssenkrupp Elevator is not an insurer and shall not be liable for damage to property or for injury or death of any person(s) except for damage, injury or death resulting directly from the negligence of thyssenkrupp Elevator or its employees, and with that exception, the Purchaser agrees to indemnify, defend, and hold thyssenkrupp Elevator harmless from any such claim. thyssenkrupp Elevator shall not be liable for any incidental or consequential loss or damage arising from the failure of the elevators to operate or damages occurring as a result of supplementary performance tests such as full load full speed testing required by local regulatory authorities. Without limiting the generality of the foregoing, thyssenkrupp Elevator shall not be liable for incidental or consequential damage or loss resulting from accidents, strikes, lockouts, material and labour shortages not within the reasonable control of thyssenkrupp Elevator or any other cause not within our reasonable control. thyssenkrupp Elevator will not be held liable for any inspection charges by local governing authorities or any charges related to independent third parties. In the event that the contract is terminated, thyssenkrupp Elevator will not be held liable for any costs, repairs, or directives whether existing or not during the term or following the term of the agreement. Further, we will not be liable for damages of any kind, whether in contract or in tort, or otherwise, in excess of the annual price of this agreement. The Purchaser hereby waives any and all rights of Subrogation as against thyssenkrupp Elevator. 8. Assignment This contract and the benefits hereof may not be assigned without thyssenkrupp Elevators Page 4 of Contract No. thyssenkrupp Elevator (Canada) Limited Rev. May 2016 thyssenkrupp Elevator (Canada) Limited MASTER COVERAGE ENHANCED AGREEMENT written consent. 9. Obsolescence In the event that any part, component or assembly is no longer available from the usual sources due to obsolescence, the Purchaser agrees to allow thyssenkrupp Elevator to replace such part, component or assembly at the Purchasers cost. Obsolescence is defined as parts, components or equipment no longer available from or supported by the original equipment manufacturer. Purchaser prior authorization shall be requested prior to proceeding with such replacement. Such authorization shall not be unduly withheld. 10. Title If thyssenkrupp Elevator supplied and/or installed the elevator equipment which is to be maintained under this contract and thyssenkrupp Elevator has not yet been paid in full under its supply and/or installation contract, the Purchaser hereby acknowledges that thyssenkrupp Elevator retains the title to the elevator(s) until monies owing to thyssenkrupp Elevator under the contract have been paid, and this agreement is without prejudice to thyssenkrupp Elevator rights under thyssenkrupp Elevators supply and/or installation contract. 11. Mutual Responsibilities a) You agree to provide us with unrestricted and safe access to all areas of the building and building site, in which any part of your elevator equipment may be located. You also agree to keep the elevator machine rooms and pit areas free from water, stored materials, or debris. You will provide the employees of thyssenkrupp Elevator a safe work environment and that you will remove and correct any problems associated with hazardous materials in accordance to applicable laws and/or provincial regulations. You agree to provide all specialized equipment, rigging, and hoisting services, if required, to safely remove elevator components off site in need of repair or replacement. b) thyssenkrupp Elevator and you agree that you have control, possession and management of the elevator equipment and that such control, possession and management is not assumed by thyssenkrupp Elevator but remains exclusively with the Purchaser. The Purchaser shall be solely responsible for the operation of the equipment, including but not restricted to, the proper loading of the elevator and related equipment to its proper capacity and the provision of warning signs, controls and cautions that may be required or desirable to ensure safe operation of the elevator. c) You hereby agree to cease operation of the elevator equipment upon the occurrence of any unsafe mode of operation including any accident, alteration or change affecting the equipment and to maintain surveillance of the equipment for the purpose of detecting any such unsafe or potentially unsafe mode of operation. You also agree to notify thyssenkrupp Elevator immediately by telephone if any unsafe or potentially unsafe mode of operation occurs. d) You agree not to permit others to make alterations, additions, adjustments, upgrades, repairs or replace any component or part of the equipment during the term of this agreement. If you elect to modernize any or all of the Equipment during the term of this agreement, you will give thyssenkrupp Elevator the option, within a reasonable time, to evaluate competitor proposals and to prepare an offer to match price and scope of work, or present an alternative proposal before proceeding. If you should select another supplier for the modernization, the existing agreement is to remain binding on both parties. thyssenkrupp resume upon completion of the modernization of part or all of the equipment and any associated warranty period. The modernized equipment will be subject to review by thyssenkrupp Elevator and deficiencies noted brought to the attention of the purchaser within 60 days. The term of the original agreement will be extended by any term loss during the modernization and warranty completed by others, and will be subject to a maintenance price adjustment by thyssenkrupp Elevator. e) If your elevators incorporate thyssenkrupp Elevator computer software, you agree that the use of such software is but a license for your use, solely for the purpose of operating the Page 5 of Contract No. thyssenkrupp Elevator (Canada) Limited Rev. May 2016 thyssenkrupp Elevator (Canada) Limited MASTER COVERAGE ENHANCED AGREEMENT elevators/escalators for which this software was provided. You also agree to keep such software in confidence and will not allow this software to be otherwise copied, displayed, transferred, modified, distributed, reverse assembled and/or compiled. f) You retain the rights to any non-thyssenkrupp Elevator software used by the elevators covered by this agreement but agree to allow us to make one backup or archival copy for you. g) You acknowledge that a machine room climate and temperature within the industry recognized 10 to 30 degree Celsius range ensures the best overall operation of the equipment and that you will maintain that temperature. 12. Drawings The PURCHASER agrees to furnish a complete set of "AS BUILT" wiring diagrams for the complete system where necessary. If the elevator is built by thyssenkrupp Elevator or thyssenkrupp Northern, thyssenkrupp Elevator shall provide wiring diagrams for permanent and long-time use by our elevator examiners. 13. Representation thyssenkrupp Elevator shall assign an Account Representative to the properties covered by this agreement, to provide assistance with contract, repairs, upgrades, modifications and long term planning for your vertical equipments needs. thyssenkrupp Elevator shall also ensure that a Supervisor is available to assist the Purchaser and thyssenkrupp Elevatos employees in ensuring you receive the very best in vertical equipment maintenance. 6. CONTRACT PRICE 1. The Price of this service will be: Five Hundred Thirty Eight Dollars ($538.00) per month payable quarterly upon receipt of invoice. At least one year from the contract commencement date and as soon as practical after we have received notice of change in the labour rates, this price shall be increased or decreased. Such increase or decrease shall be in direct proportion to the increase or decrease in the straight time hourly labour cost (the sum of the straight time hourly labour rates plus any other related costs and the average cost of fringe benefits paid by us for elevator examiners in the locality where the equipment is to be serviced) and will occur annually on the contract anniversary date as compared with the previous years labour cost applicable to this contract. We also reserve the right to make an additional adjustment to the contract price annually on the basis of changes in other expenses such as fuel, waste disposal, government regulations or administrative costs. 2. The Goods and Services Tax (GST) or the Harmonized Sales Tax (HST) will be invoiced as an extra to the current contract price. Any change in such taxes, any new taxes, or changes in tax policy which may become effective after the Proposal Date, will not be included in the current contract price. thyssenkrupp Elevator shall advise as soon as practical, after we have received such notice of change, the effects of any such change on the normally charged contract price. 3. The method of payment will be electronic direct debit. To enable us to process direct debit payments, you agree to provide a copy of a voided check from your business bank account. 4. Simple interest at 2% monthly will apply on amounts not paid when due for over thirty (30) days. 5. If the Purchaser defaults in making of any payments called for in this contract, Purchaser agrees to pay, in addition to any defaulted amount, all thyssenkrupp Elevator legal fees, collection costs, and court costs in connection herewith. thyssenkrupp Elevator reserves the right to share any relevant credit information when requested of us. Failure to pay any sum due by you within sixty (60) days will be a material breach. We may at our option declare all sums due or to become due for the unexpired term immediately due and payable as liquidated damages, and until the same are paid be discharged from further obligations under the contract. 6. The Proposal is subject to approval in writing by thyssenkrupp Elevator subsequent to acceptance by the Purchaser. Upon such acceptance and approval it shall constitute exclusively Page 6 of Contract No. thyssenkrupp Elevator (Canada) Limited Rev. May 2016 thyssenkrupp Elevator (Canada) Limited MASTER COVERAGE ENHANCED AGREEMENT and entirely the contract for the services herein described. No changes in or additions to this agreement will be binding on either party unless made in writing and executed by both parties. Presentation of this document does not supercede any terms and conditions of any thyssenkrupp Elevator contract currently in effect. 7. The terms and conditions herein form part of this agreement. 8. Extended Contract Term Discount - The initial and subsequent term of this agreement will be replaced by the Extended Contract Term selected below, and we will apply the corresponding discount to the net billing amount. Extended Contract Price Check for Purchaser's Initial Term Discount Selection Acceptance 12 Year 3% 15 Year 5% 20 Year 7% 25 Year 10% In the event a customer chooses an extended term, the Contract will automatically renew at the expiration of the Extended Contract Term for successive periods equal to the initial Extended Contract Term. Either party may terminate the Contract at the end of the initial Extended Contract Term or at the end of any subsequent Extended Contract Term by giving the other party advance written notice in accordance with the termination clause in this agreement. In the event the Contract is terminated for any reason prior to the expiration date of the Extended Term or any subsequent Extended Term, you agree to pay us the amount of the full Extended Term discount you received during the Extended Term or any subsequent Extended Term. This is in addition to and not in lieu of any other rights or remedies we may have. 7. ACCEPTANCE Your acceptance of this agreement and its approval by an authorized manager of thyssenkrupp Elevator will constitute exclusively and entirely the agreement for the services herein described. All other prior representations or agreements, whether written or verbal, will be deemed to be merged herein and no other changes in or additions to this agreement will be recognized unless made in writing and properly executed by both parties. Should your acceptance be in the form of a purchase order or other similar document, the provisions of this agreement will govern, even in the event of a conflict. This proposal is submitted for acceptance within ninety (90) days from the Date Submitted by the thyssenkrupp Elevator representative indicated below. No agent or employee shall have the authority to waive or modify any of the terms of this agreement without the prior written approval of an authorized thyssenkrupp Elevator manager. thyssenkrupp Elevator thyssenkrupp Elevator Purchaser Acceptance: (Canada) Limited: (Canada) Limited Approval: Page 7 of Contract No. thyssenkrupp Elevator (Canada) Limited Rev. May 2016 thyssenkrupp Elevator (Canada) Limited MASTER COVERAGE ENHANCED AGREEMENT By: By: By: (Signature of Account Rep.) (Signature of Authorized (Signature of Authorized Individual) Individual) (Print Name) (Print Name) thyssenkrupp District Manager (Print Name) (District Office Location) (Title) (Date Submitted) (Date of Approval) (Date of Approval) Page 8 of Contract No. thyssenkrupp Elevator (Canada) Limited Rev. May 2016 DATE:02/09/2016 TO:FROM: City Of Saint JohnOTIS CANADA, INC. Attn A/P120 Ashburn Lake Road, Unit 8 Po Box 1971Saint John, NB E2J 5E2 Saint John, NB E2L 4L1 EQUIPMENT LOCATION:Adam Noade St Patrick PedwayPhone: (506) 639-6482 58St Patrick St Fax:(506) 634-0619 Saint John, NB E2L4Z6 PROPOSAL NUMBER: AHK349 EQUIPMENT DESCRIPTION: No Of UnitsType Of UnitsManufacturerCustomer Machine Number Designation 2ESCALATOR OTIS ELEVATOR DN ESC-LINK , 980148, 980147 COMPANY UP ESC-LINK 1HYDRAULIC OTIS ELEVATOR PASS ELV *ADA* 980146 COMPANY OTIS MAINTENANCE We propose to furnish Otis Maintenance on the equipment ?cWN/23dB described above. Otis Maintenance is a full preventive maintenance service intended to protect your investment, extend equipment life, and provide a high level of performance and reliability. SM OTIS MAINTENANCE MANAGEMENT SYSTEM We will use the Otis Maintenance Management System preventive maintenance program to deliver service tailored to your specific building needs. Equipment type, component life, equipment usage, and building environment will be taken e into account by the OMMS scheduling system, which will be used to plan maintenance activities in advance. The Units will be provided with devices to monitor equipment usage. We will use OMMS standard work processes developed and continuously improved by Otis. Under this Contract, we will maintain the Units on the following terms and conditions: PERFORMANCE MAINTENANCE We will maintain the Units using trained personnel directly employed and supervised by us. The maintenance will include inspection, lubrication, and adjustment of the following parts: Controller parts, selectors and dispatching equipment, relays, solid-state components, transducers, resistors, condensers, power amplifiers, transformers, contacts, leads, dashpots, timing devices, computer and microcomputer devices, steel selector tapes, mechanical and electrical driving equipment, signal lamps, and position indicating equipment. Door operators, car door hangers, car door contacts, door protective devices, load weighing equipment, car frames, car safety mechanisms, platforms, car and counterweight guide shoes including rollers and gibs, and emergency car lighting.  OTIS CANADA, INC., 2012 All Rights Reserved LiNX Form MNT-OMC (01/30/13) Proposal#: AHK349 Page 1 of 10 Hoistway door interlocks and hangers, bottom door guides, and auxiliary door closing devices. Machines, worms, gears, thrust bearings, drive sheaves, drive sheave shaft bearings, brake pulleys, brake coils, contacts, linings, and component parts. Motors, brushes, brush holders, and bearings. Governor components, governor sheaves and shaft assemblies, bearings, contacts, governor jaws, deflector or secondary sheaves, car and counterweight buffers, car and counterweight guide rails, car and counterweight sheave assemblies, top and bottom limit switches, governor tension sheave assemblies, and compensating sheave assemblies. Pumps, pump motors, operating valves, valve motors, leveling valves, plunger packings, exposed piping, above ground plungers and cylinders, and hydraulic fluid tanks. Escalator handrails, handrail drive chains, handrail brush guards, handrail guide rollers, alignment devices, steps, step treads, step wheels, step chains, step axle bushings, comb plates, floor plates, tracks, external gearing, and drive chains. Escalator upper drives, upper drive bearings, tension sprocket bearings, upper newel bearings and lower newel bearings, demarcation lights, and comb lights. RELIABILITY PARTS COVERAGE If necessary, due to normal usage and wear, Otis will repair or replace any of the parts specified above at their sole discretion, unless specifically excluded elsewhere in the contract. Any parts under this Contract requiring replacement will be replaced with parts selected by Otis. PARTS INVENTORY We will during the term of this Contract maintain a supply of frequently used replacement parts and lubricants selected byOtis to meet the specific routine requirements of the Units. Any replacement parts stored in the machine room remain our property until installed in the Units. We further agree to maintain a supply of routine replacement parts available for express delivery in case of emergencies. QUALITY CONTROL We will periodically conduct field audits of our personnel and the Units to maintain quality standards. Otis field engineers will provide technical assistance, technical information, and Code consultation to support our maintenance organization. RESPONSIVENESS 24-HOUR DISPATCHING We will, at your request, provide you with access to eService and our OTISLINE 24-hour, year-round dispatching service. In the event a Unit malfunction occurs between regular examinations, you will be able to place a service call on eService or through an OTISLINE customer service representative, who will, at your request, dispatch an examiner to perform service. In the event Otis receives an emergency call from the phone in the elevator and a passenger indicates a need for assistance, Otis shall attempt to contact a building representative for an assessment of the situation and authorization to respond to the call. If Otis is unable to reach a building representative, Otis shall respond to the emergency call from the phone in the elevator. The visit will be treated as a Callback. It is your responsibility to: (a) have a representative available to receive and respond to OTISLINE calls; and (b) maintain working telephone equipment. COMMUNICATION CUSTOMER REPRESENTATIVE As a service to you, and at your request an Otis representative will be available to discuss with you your elevator needs in the areas of modernization, traffic handling ability, recommendations and requirements of Code authorities, proper use and care of the Units, and the OMMS program. There is no additional charge for this consulting service, but by making this service available to you, Otis does not assume any duty to warn. REPORTS 8 eSERVICE We will use the OMMS program to record completion of maintenance procedures. We will, at your request, provide you access to eService. You will be able to access twelve (12) months of repair, completed maintenance procedure and service call history for the Unit(s). You will be responsible for obtaining Internet access to use eService.  OTIS CANADA, INC., 2012 All Rights Reserved LiNX Form MNT-OMC (01/30/13) Proposal#: AHK349 Page 2 of 10 SAFETY AND ENVIRONMENT SAFETY TESTS 8 HYDRAULIC ELEVATORS We will conduct an annual no load test and annual pressure relief valve test. *!+&*!17 &+": SERVICE TEST If the equipment has firefighters' service, you assume responsibility for performing and keeping a record of any Code required tests and for the maintenance, functioning and testing of the smoke and/or heat detectors. If during the initial firefighters' service test any elevator firefighters' service is found to be inoperable, the building will be responsible for all of the cost associated with the repairs necessary to bring the unit in compliance with the applicable Codes. If any applicable Code or governing authority mandates that such required tests be performed by a licensed elevator mechanic, OTIS CANADA, INC. will provide such testing and service on an Open Order basis. You will be responsible for the costs associated with such testing and service. SAFETY TRAINING We will instruct our personnel to use appropriate personal protection equipment and follow safe work practices. ENVIRONMENTAL PROTECTION OTIS CANADA, INC. endeavors to reduce generation of waste materials, to minimize risks to the environment, customers, the general public and OTIS CANADA, INC. employees, and to comply with all federal and state environmental laws and regulations. Material Safety Data Sheet (MSDS) Manuals are available for review at your request. You assume responsibility for removal of wastes, including but not limited to hydraulic oil, spoils, asbestos, etc., as it is not part of this Contract. MAINLINE DISCONNECTS You agree to engage a qualified electrician to service at least once annually the elevator mainline disconnects located in the elevator equipment room. SHARED RESPONSIBILITY You agree to provide us unrestricted ready and safe access to all areas of the building in which any part of the Units are located and to keep all machine rooms and pit areas free from water, stored materials, and debris. You agree to provide a safe work place for our personnel, and to remove and remediate any waste or hazardous materials in accordance with applicable laws and regulations. If any Unit is malfunctioning or is in a dangerous condition, you agree to immediately notify us using the 24-hour OTISLINE service. Until the problem is corrected, you agree to remove the Unit from service and take all necessary precautions to prevent access or use. You agree to properly post, maintain, and preserve any and all instructions or warnings to passengers in connection with the use of any Units. In furtherance of !$Hk3 directive contained in 29 C.F.R. l 1910.147(f)(2)(i), which requires that a service provider (an c;U23/74 4<D-;\\45dB and its customer (an c;N>3/24 4<D-;\\45dB must inform each other of their respective lock out/tag out ?c8!"!dB procedures whenever outside servicing personnel are to be engaged in control of hazardous energy activities onthe ZU32;<45k3 site, Otis incorporates by reference its mechanical LOTO procedures and its electrical LOTO procedures. These procedures can be obtained at www.otis.com by (1) clicking on c"14 <45/ZE3d tab on the left side  OTIS CANADA, INC., 2012 All Rights Reserved LiNX Form MNT-OMC (01/30/13) Proposal#: AHK349 Page 3 of 10 of the website; (2) choosing cW$@SN0-/31d to take you to the cW$d web page; (3) clicking on the c!2/3 $EL42\\d link on the left side of the page; and (4) downloading the c8;ZV;U2 Tagout Policy Otis M)+d and c=4Z1EN/ZE- Energy Policy Otis Q)+(d both of which are in .pdf format on the right side of the website page. Customer agrees that it will disseminate these procedures throughout its organization to the appropriate personnel who may interact with Otis personnel while Otis personnel are working on site at %U32;<45k3 facility. WORK SCHEDULE NORMAL HOURS All maintenance procedures and repairs will be performed during our regular working hours of our regular working days for the examiners who perform the service. All lamp and signal replacements will be performed during regular examinations. For purposes of this Contract, a Callback is a response by Otis to a request for service or assistance made (a) by the customer or customer representative, (b) by the building or building representative; (c) by emergency personnel; (d) through the ADA phone line, and/or (e) through .S=e monitoring system, for service or assistance, on an as needed basis, excluding regularly scheduled maintenance. Regular working hours: 8:00 AM m 4:30 PM. Regular working days: Monday m Friday excluding holidays. OVERTIME Callbacks outside of regular working hours will be billed at standard overtime rates. OWNERSHIP AND LICENSES WIRING DIAGRAMS You agree to provide us with current wiring diagrams reflecting all previously made changes for Units covered by this Contract to facilitate proper maintenance of the equipment. We shall maintain the wiring diagrams so that they properly reflect any changes made by OTIS CANADA, INC. to the equipment. These diagrams will remain your property. OTIS SERVICE EQUIPMENT Any counters, meters, tools, remote monitoring devices, or communication devices which we may use or install under this Contract remain our property, solely for the use of OTIS CANADA, INC. employees. Such service equipment is not considered a part of the Units. You grant us the right to store or install such service equipment in your building and to electrically connect it to the Units. You will restrict access to the service equipment to authorized OTIS CANADA, INC. personnel. You agree to keep the software resident in the service equipment in confidence as a trade secret for OTIS CANADA, INC.. You will not permit others to use, access, examine, copy, disclose or disassemble the service equipment or the software resident in the service equipment for any purpose whatsoever. If the service is terminated for any reason, we will be given access to your premises to remove the service equipment, including the resident software, at our expense. OTIS SOFTWARE Software owned by OTIS CANADA, INC. may be embedded in parts or otherwise provided by OTIS CANADA, INC. as part of this maintenance agreement. You have the right to use this software only for operation of the units for which the part was provided. You may also make a backup or archival copy of the software, provided you reproduce the copyright notice and any other legend of ownership on the copy. You may not otherwise copy, display, adapt, modify, distribute, reverse assemble, reverse compile, or otherwise translate the software. You will not transfer possession of the software except as part of a transfer of ownership of the Units and the assumption of the rights and obligations under this agreement by the transferee. NON-OTIS SOFTWARE You retain your rights to any software not provided by OTIS CANADA, INC. contained in the Units and agree to allow OTIS CANADA, INC. to make one backup or archival copy for you. SERVICE TOOLS You are responsible to secure our right to use any special service tools required to maintain your non- OTIS CANADA, INC. equipment. These tools must be provided prior to us beginning maintenance on such equipment.  OTIS CANADA, INC., 2012 All Rights Reserved LiNX Form MNT-OMC (01/30/13) Proposal#: AHK349 Page 4 of 10 THE UNITS It is agreed that we do not assume possession or control of the Units, that such Units remain yours solely as owner and operator, lessee, or agent of the owner or lessee, and that you are solely responsible for all requirements imposed by any federal, state, or local law, Code, ordinance or regulation. CLARIFICATIONS This Contract does not cover car enclosures (including, but not limited to, wall panels, door panels, car gates, plenum chambers, hung ceilings, lighting, light diffusers, light tubes and bulbs, handrails, mirrors and floor coverings), rail alignment, hoistway enclosures, hoistway gates, hoistway inserts and brackets, mainline disconnect switches, doors, door frames, sills, swing door hinges and closing devices, below ground or unexposed hydraulic cylinders and plungers, buried or unexposed piping, escalator balustrades, escalator lighting or wedge guards. Without affecting our obligation to provide service under this Contract, you agree to permit us to train our personnel on the Units. This Contract does not cover computer and microcomputer devices, such as terminal keyboards and display units that are not exclusively dedicated to the elevator system. This Contract does not cover telephones installed by others, intercoms, heat sensors, smoke sensors, communications equipment, or safety signaling equipment, or instructions or warnings in connection with use by passengers. We will not be required: (i) to make any tests other than that as specifically set forth herein; (ii) to make any replacements with parts of a different design or type; (iii) to make any changes in the existing design of the Units; (iv) to alter, update, modernize or install new attachments to any Units, whether recommended or directed by governmental authorities or by any third party; (v) to make repairs or replacements necessitated by failures detected during or due to testing of the Units or buried or unexposed hydraulic cylinders or piping and (vi) to replace or repair any component or system utilizing obsolete or discontinued parts, including parts for which the original design is no longer manufactured bythe original equipment manufacturers, or parts where the original item has been replaced by an item of different design or is replaceable only by fabrication; (vii) to provide reconditioned or used parts; (viii) to make any replacements, renewals, or repairs necessitated by reason of any cause beyond our control including, but not limited to, fire, explosion, theft, floods, water, weather, earthquake, vandalism, misuse, abuse, mischief, or repairs by others. You assume responsibility for the cost of correcting all Elevator Code violations existing on the date we enter into this Contract. If such Code violations or other outstanding safety violations are not corrected in accordance with this Contract, Otis may with respect to the equipment not meeting Code requirements cancel this Contract without penalty by providing thirty (30) days written notice. Should you require us to interface with a third party work order, insurance or safety systems, Otis will add an appropriate fee to cover the additional cost associated with this service. Neither party shall be liable for any loss, damage or delay due to any cause beyond our reasonable control including, but not limited to, acts of government, strikes, lockouts, other labor disputes, fire, explosion, theft, floods, water, weather, earthquake, riot, civil commotion, war, vandalism, misuse, abuse, mischief, or acts of God. We agree that we shall be liable for accidents and injuries to person or property when adjudged to have been caused by the sole negligence or willful misconduct of Otis or our employees. In all other instances, Customer shall indemnify, defend and hold us harmless against all claims, damages, losses, costs, and expenses (including attorney's fees and other litigation costs) arising out of or connected with the use, repair, maintenance, operation or condition of the Equipment. We shall maintain \[;5V45k3 compensation and 4<D-;\\453k liability insurance covering our liability for injury or death sustained by our employees, and comprehensive general liability insurance. You shall insure that all risk insurance upon the full value of the Work and material delivered to the job site is maintained at no cost to us. If either party so requires, in writing, the other party shall furnish certificates of insurance evidencing the above insurance coverages. Notwithstanding any other agreement or provision to the contrary, under no circumstances will either party be liable for any indirect, special or consequential damages of any kind, including, but not limited to, fines or penalties, loss of profits, loss of rents, loss of good will, loss of business opportunity, additional financial costs, or loss of use of any equipment or property, whether in contract, tort, warranty or otherwise.  OTIS CANADA, INC., 2012 All Rights Reserved LiNX Form MNT-OMC (01/30/13) Proposal#: AHK349 Page 5 of 10 You agree to provide us unrestricted ready and safe access to all areas of the building in which any part of the Units are located, to keep all machine rooms and pit areas free from water, stored materials, and debris, to provide a safe work place for our personnel, to remove and remediate any waste or hazardous materials in accordance with applicable laws and regulations, and to provide a grounded, 3-prong electrical system and proper lighting in the machine rooms and pits. We shall not be obliged to perform until such unsafe condition has been remedied. If any Unit is malfunctioning or is in a dangerous condition, you agree to notify us as soon as possible using the 24-hour OTISLINEe service. Until the problem is corrected, you agree to remove the Unit from service and take all necessary precautions to prevent access or use. You will provide written notice within twenty-four hours after occurrence of any accident in or about the elevator (s) and/or escalator(s) to us and if required by law, to any local authorities. You further agree to preserve replaced parts. Escalator Units are designed only for transporting passengers. For escalator Units, you agree to take all necessary measures to prevent other items from being conveyed, so that features designed to protect passengers and prevent property damage are not damaged. When stationary, escalators are to be properly barricaded and not to be used as steps. You agree to properly post, maintain, and preserve any and all instructions or warnings to passengers in connection with the use of any Units. In the event of an entrapment, Customer will call Otis and wait for a trained and licensed elevator mechanic to arrive, except for a medical emergency situation where it may be appropriate to summon a professional first responder such as police or firemen. Customer agrees that its agents, contractors, employees or representatives shall not attempt to extricate any passengers from an elevator that becomes stalled within the hoistway. Otis will not be required to make renewals or repairs necessitated by fluctuations in the building AC power systems, adverse hoistway or machine room conditions (including temperature variations below 60 degrees and above 90 degrees Fahrenheit), excessive humidity, adverse environmental conditions, water damage, rust, fire, explosion, acts of God, misuse, or vandalism. If this Agreement is terminated prematurely for any reason, other than our own default, you agree to pay as liquidated damages, and not as a penalty, one-half (50%) of the remaining amount due under this Agreement. Should this Agreement be accepted by you in the form of a purchase order, the terms and conditions of this Agreement will take precedence over those of the purchase order. We will not be liable for any claim, injury, delay, death or loss or property resulting from telephone equipment failure, false alarms, interruption of telephone service, or "no voice calls", i.e. calls from inside the equipment to Otisline where there is no verbal response to the Otisline operator. ALTERATIONS You will not allow others to make alterations, additions, adjustments, or repairs to the equipment. SPECIAL PROVISIONS Notwithstanding any other provision herein to the contrary, the following provisions shall be applicable and govern in the event of conflict: Otis +&$@ Maintenance We will provide Otis REM Maintenance on the applicable units. We will provide a microprocessor system that continuously monitors the Unit(s) on a 24-hour per day, year-round basis. e The system will notify our OTISLINE dispatching center that a Unit is inoperative by sending a message via telephone line. Upon the receipt of such message, we will either notify your on -site representative or initiate the dispatch of our personnel for emergency minor adjustment callback service during regular working hours of our regular working days for the mechanics who perform the service.  OTIS CANADA, INC., 2012 All Rights Reserved LiNX Form MNT-OMC (01/30/13) Proposal#: AHK349 Page 6 of 10 We will collect data on the equipment condition including, but not limited to, door operation, leveling and whether the operation of a Unit has been interrupted. SM That information will be used to tailor the Otis Maintenance Management System preventive maintenance program for the Unit(s). You will furnish us at your expense, one (1) outside telephone line to the elevator machine room that allows data calls to and from a toll-free number at our OTISLINE dispatching center. The telephone line may be a separate line dedicated to the REM maintenance equipment or may be an existing line that is shared between another telephone and the REM maintenance equipment. CONTRACT PRICE AND TERM CONTRACT PRICE Two thousand three hundred dollars ($ 2,300.00 ) per month, payable Annually PRICE ADJUSTMENT The Contract Price will be adjusted on the effective date of any labour rate adjustment under OTIS CANADA, INC. k3 contract with the International Union of Elevator Constructors (IUEC Contract) to reflect increases or decreases in material and labour costs. A. Material Three hundred four dollars and fifty-two cents ($ 304.52 ) of the original Contract Price will be increased or decreased shown by the index of Primary Metal Industries issued by the prices division of Statistics Canada for the latest available month preceding the price adjustment month compared with the index on 01/01/2016 which was 103.100. B. Labour One thousand nine hundred ninety-five dollars and forty-eight cents ($ 1,995.48 ) of the original Contract Price will be increased or decreased by the percent increase or decrease in the straight time hourly labour cost under the IUEC contract on 01/05/2015 which was 50.970. The phrase c325E/012 time hourly labor Z;32d means the sum of the straight time hourly labor rate plus the hourly cost of fringe benefits paid to elevator examiners in the locality where the equipment is to be maintained. TERM The Commencement Date will be 01/09/2016. The Term of this Contract unless modified under the extended term below, will be for one (1) year beginning on the Commencement Date. The Contract will automatically be renewed on the first anniversary for an additional one (1) year unless terminated by either party by giving written notice to the other party at least ninety (90) days, but no more than 120days prior to the end of the current one (1) year term. Thereafter, the Contract will automatically be renewed on each first anniversary for an additional one (1) year term unless terminated by either party by giving written notice to the other party at least ninety (90) days, but no more than 120 days prior to the end of the then current one (1) year term. In the event that you sell the building or your interest is terminated prior to the expiration of the Contract, you agree to assign the Contract to the new owner or successor and to cause the new owner to assume your obligations under this agreement. If the new owner or successor fails to assume your obligations under the Contract, then you agree to pay to OTIS CANADA, INC. all sums due for the unexpired Term. PAYMENTS  OTIS CANADA, INC., 2012 All Rights Reserved LiNX Form MNT-OMC (01/30/13) Proposal#: AHK349 Page 7 of 10 Beginning on the Effective Date, payments will be due and payable on or before the first day of the contract year in which services are rendered beginning on the Commencement Date. If an alternate payment plan is selected other than the standard annual payment, the following additional cost will be applied to the net billing amount: Billing FrequencyAdd to Contract PriceSelectionInitial Semiannual1%______ Quarterly3%______ Monthly4%______ The method of payment will be electronic direct debit. To enable us to process direct debit payments, you agree to provide a copy of a voided check from your business bank account. The above price does not include the Goods and Services Tax (GST), the Harmonized Sales Tax (HST) or the Quebec Sales Tax (QST). In addition to the agreed price, you shall pay to us any future applicable tax imposed on us, our suppliers, or you in connection with the performance of the work described. Unless otherwise stated in the Agreement, all payments, prices, and fees mentioned in this Agreement do not include sales and use taxes, value added taxes, goods and services taxes, customs duties, excises, or any other taxes ?c"EP43dB) $4--45k3 invoices shall include amounts of Taxes required by applicable law and separately state each of the Taxes. Buyer shall be responsible for any and all additional Taxes imposed after the issuance of $4--45k3 invoice. You agree to pay a late charge from the date such sums become due of one and one-half percent (1.5%) per month, or the highest legally permitted rate, whichever is less, on any balance past due for more than thirty (30) days, together with all costs (including, but not limited to, E22;5N4\\3k fees) incurred by us to collect overdue amounts. Failure to pay any sum due by you within sixty (60) days will be a material breach. We may at our option declare all sums due or to become due for the unexpired term immediately due and payable as liquidated damages, and until the same are paid be discharged from further obligations under the contract. ACCEPTANCE This proposal, when accepted by you below and approved by our authorized representative, will constitute the entire and exclusive contract between us for the services to be provided and your authorization to perform as outlined herein. All prior or contemporaneous oral or written representations or agreements not incorporated herein will be superseded. Any purchase order issued by you in connection with the services to be provided will be deemed to be issued for your administrative or billing identification purposes only, and the parties hereto intend that the terms and conditions contained herein will exclusively govern the services to be provided. We do not give up rights under any existing contract until this proposal is fully executed. This Contract may not be changed, modified, revised or amended unless in writing signed by you and an authorized representative of OTIS CANADA, INC.. Further, any manual changes to this form will not be effective as to OTIS CANADA, INC. unless initialed in the margin by an authorized representative of OTIS CANADA, INC.. THIS QUOTATION is valid for ninety (90) days from the proposal date. Submitted by:Adam Noade Title:Account Manager E-mail:adam.noade@otis.com Accepted in Duplicate CUSTOMEROTIS CANADA, INC. Approved by Authorized RepresentativeApproved by Authorized Representative Date:Date: Signed:Signed:  OTIS CANADA, INC., 2012 All Rights Reserved LiNX Form MNT-OMC (01/30/13) Proposal#: AHK349 Page 8 of 10 Print Name:-Print Name:Jeff Richard Title-TitleManager - Atlanic Canada E-mail:- Name of Company- Principal, Owner or Authorized Representative of Principal or Owner Agent: ______________________________________ (Name of Principal or Owner)  OTIS CANADA, INC., 2012 All Rights Reserved LiNX Form MNT-OMC (01/30/13) Proposal#: AHK349 Page 9 of 10 BILL TO INFORMATION Company Name: Address: Address 2: City: State: Zip Code: ACCOUNTS PAYABLE CONTACT Name: Phone Number: Fax Number: E-mail: TAX STATUS Are you tax exempt?YesNo If yes, please provide tax exempt certificate Do you require a Purchase Order be listed on your invoices?YesNo If yes, please provide contact info for PO renewal: Name: Fax: Phone: E-Mail: Would you like Otis to automatically debit your bank account for your maintenance invoices?YesNo If yes, please provide blank check for bank routing and account information.  OTIS CANADA, INC., 2012 All Rights Reserved LiNX Form MNT-OMC (01/30/13) Proposal#: AHK349 Page 10 of 10 /hh…b/L\[ww9thw MM&CNo.20162330 ReeportDateSeptemmber27,2016 MMeetingDateOctober03,2016 SeerviceAreaCorporaateServices HHisWorshipMMayorDonDDarlingandMembersoffCommonCCouncil SUBJECT:HuumanResourrcesPolicySStatements OOPENORCLOOSEDSESSIOON ThismatterisstobediscuussedinopennsessionofCommonCoouncil. AAUTHORIZATTION PrimaryAuthorsCommisssioner/Dept..HeadCittyManager PPeterMorgannNeilJacoobsenJefffTrail LeeahRobichaaud RRECOMMENDDATION ttisrecommeendedthatCCommonCouunciladopttthePolicySttatementsas I presentedinAppendicesAEascompponentsofttheHumanRResourcesPoolicy FrameworkinnaccordanceewiththePolicyFramewworkadopteedbyCommmon CouncilonAuugust8,2016. EXXECUTIVESUUMMARY ThePolicyStaatementsprresentedherreinservetoocreateandvalidatethee overarchingHHumanResoourcesPolicyyFrameworkkaswellasttosupportcritical seervicerequirrementsofttheHumanRResourcesDivisioninrellationtoWoorkplace Conduct,OcccupationalHealthandSaafety,EmplooyeeandFammilyAssistannce Program,anddtheAlcoholandDrugpprogram.Subbsequenttootheapprovalofthe PolicyStatemments;theasssociatedPolicyDocumeentsshallbeetabledwithhtheCity MManagerforreviewandaapproval. PPREVIOUSREESOLUTION CommonCouunciladoptedthefollowwingresolutioononAugusst,8,2016:Itis reecommendedthatCommmonCounciladoptaͻtoolicyInstrummentsFrameǞƚƩƉͼas acommonmethodologyfforthedeveelopment,appproval,storrage,commuunication andreviewoffCorporatePPolicy,tomeeetthe/źƷǤ͸͸ƭsburdenofduediligencce,to reeflecttheServicePrincipplesofAdvannceSJ,andttosupportthhedevelopmmentof OOpenGovernment. - 2 - STRATEGICALIGNMENT TheHRPolicyFrameworkanditscompanionPolicyStatementsandDocuments arecongruentwiththeFrameworkofPolicyInstrumentsapprovedbyCommon CouncilonAugust8,2016,andserveaswellthestrategicdirectionsofthe organizationasoutlinedin AdvanceSJ;specificallybuildingOrganizational Development,6BEmployeePerformance Capacityincluding:6AWorkforce Managementand6CHealth,WellnessandSafety.FurtherelaborationoftheHR PolicyFrameworkwillbeforthcoming. SERVICEANDFINANCIALOUTCOMES PolicyinstrumentspresentedhereinaddvaluetocorporateHumanResources servicesbyelevatingstandards,drivingconsistencyofapplicationand accountabilityforoutcomesacrosstheorganization. INPUTFROMOTHERSERVICEAREASANDSTAKEHOLDERS TheofficeoftheCommonClerkcollaboratedinthedevelopmentofthePolicy InstrumentsFrameworkuponwhichtheHumanResourceFrameworkisbased. ThePolicyStatementsaspresentedarebaseduponbestprofessionalpracticein theHumanResourcesfieldincludingsignificantinternalandexternal consultationandresearch. ATTACHMENTS AppendixAHumanResourcePolicyFramework AppendixBWorkplaceConduct AppendixCHealthandSafety AppendixDAlcoholandDrug AppendixEEmployeeandFamilyAssistanceProgram(EFAP) AppendixFPreConversionDisabilityManagement APPENDIXA HUMANRESOURCESPOLICYFRAMEWORK CITYOFSAINTJOHNPOLICYSTATEMENT POLICYSECTION:HUMANRESOURCESADMINISTRATION TheCityofSaintJohnshalldevelopandimplementaportfolioofcorporatehumanresourcepolicies,a ͻIǒƒğƓResourcesPolicyCƩğƒĻǞƚƩƉͼͲtoensureduediligence,toclarifytherolesandresponsibilities ofstaffateverylevelwithrespecttomattersofemployment,toserveasaguidetodecisionmaking,to championthevaluesofrespect,caring,fairnessandequityineveryaspectofourcorporatelife,to supportandsustainacorporateculturesecondtonone,andtopromotetheCityofSaintWƚŷƓ͸ƭ reputationinourcommunityasanEmployerofChoice. TheHumanResourcePolicyFrameworkshallbeadministeredbytheHumanResourcesDivisionof CorporateServicesinaccordancewithCorporatePolicyInstrumentsFrameworkadoptedbyCommon CouncilonAugust8,2016. PolicyDocumentssodevelopedshallalignwiththefollowingmajorprocessesandsubservicesof corporatehumanresourcesservicedelivery: a.HumanResourceAdministration:processesthatbuildstructurearoundemployment,includingbut notlimitedto,policiesandprocedures,jobspecifications,compensationadministration,position establishments,disabilitymanagementandhumanresourcerecords. b.WorkforcePlanning:processesthatidentifyandpreparefortheworkforcecapacityrequirementsof tomorrow,includingbutnotlimitedto,workforcemetrics,successionplanning,recruitmentand selection,performancemanagementsystems,careerdevelopmentsystems,andrecognition programs. c.EmployeeDevelopment:processesthatidentifyandpreparefortheworkforcecapacity requirementsoftoday,includingbutnotlimitedto,traininganddevelopmentprograms,coaching, mentoring,andemployeeeducationinordertosupportsuccessfulorganizationalchange. d.Health,SafetyandWellness:processesthatmakeourworkplacesafeandhealthy,thatsupport employeesinthefaceofƌźŅĻ͸ƭstressors,andthatcontributetoapositiveworkplaceculture. e.EmploymentLabourRelations:processesthatenablestrategicchangebycontributingtothe developmentofstableandharmoniousrelationshipsbetweentheCityofSaintJohnanditsvarious workforces,includingmutualinterestprocesses,negotiations,grievanceadministration,and contractadministration. APPENDIXB WORKPLACECONDUCT CITYOFSAINTJOHNPOLICYSTATEMENT POLICYSECTION:HUMANRESOURCESADMINISTRATION TheCityofSaintJohniscommittedtoprovidingasafeworkenvironmentfreefromviolence,threats ofviolence,harassment,bullyinganddisruptivebehaviourdamagingtothewellbeingofothersand totheemployer.Underthispolicy,westrivetoprotectemployeeswhocometogetherinserviceto thecitizensoftheCityofSaintJohnfromanydamagingactionscommittedbyindividualswhether intentionallyorotherwise.TheCityofSaintJohnwillmaintainastrictzerotolerancepolicyagainst anywrongdoingorimproprietyunderthispolicyandwillimmediatelytakeappropriatedisciplinary action(s)uptoandincludingdismissal.Thispolicywillalsooutlinethetypeofconductthatis consideredabreachofthispolicy. Theobjectivesofthispolicyare: 1.Toprovideasafeworkenvironmentforallemployeesthatisfreefromharassment,bullying, violenceandotherformsofinappropriateconductwhenatworkandatworkrelatedsocial functions. 2.Toallowemployeestoexpressconcernsandreportincidentsingoodfaithwithoutreprisal. 3.Toensureallincidentsandreportsareinvestigatedanddealtwithappropriately APPENDIXC HEALTHANDSAFETY CITYOFSAINTJOHNPOLICYSTATEMENT POLICYSECTION:HEALTH,SAFETYANDWELLNESS AcentralobligationoftheCityofSaintJohnisthehealthandsafetyofitsemployeesandthe protectionofpublicpropertyfromdamageandloss.TheCityofSaintJohnandallofitsemployees shalldemonstrateapositiveattitudetowardhealthandsafetybybeingdulydiligentinallrespects. Accidentscausinginjuriestoemployeesandothers,damagetoequipment,andinefficienciesin operationsarepreventable.Healthandsafetyhazardsshallbeminimizedthroughthecommitment ofleadershipandtheattentiontohealthandsafetybyemployeesofalllevels. Theobjectivesofthispolicyare: 1.Maintainthehealthandsafetyofemployees. 2.Generallydefinetheroleandresponsibilitiesofallstakeholdersinsupportofthe/źƷǤ͸ƭ HealthandSafetyProgram. 3.Conductoperationsincompliancewithapplicablelegislation. 4.Providestandardsdesignedtominimizeinjuries,damageandlossofproperty. 5.Reducepainandsufferingincludingeconomiccostsresultingfromworkplaceaccidents. 6.EnabletheJointHealth&SafetyCommittee(s)tofulfillitsmandatedroleundertheNew Brunswick OccupationalHealthandSafetyAct. 7.Encouragecommunication,collaborationandteamworkaroundhealthandsafetyamongall ofourworkforcesandinallworkplaces. APPENDIXD ALCOHOLANDDRUG CITYOFSAINTJOHNPOLICYSTATEMENT POLICYSECTION:HUMANRESOURCEADMINISTRATION TheCityofSaintJohnrecognizesthattheuseofillicitdrugsormoodalteringsubstances,andthe inappropriateuseofalcoholandmedications,canadverselyaffectthesafetyandwellbeingof employeesandthepublic,andnegativelyimpacttheworkenvironmentandjobperformance.Itcan alsoplacetheintegrityandsafetyofCityfacilitiesandoperationsatrisk. TheCityofSaintJohnstrictlyprohibitsthepossessionand/oruseofillicitdrugs,alcohol,andmood alteringsubstances,aswellastheinappropriateuseofmedications,byallemployeesandcontractorsof theCityofSaintJohnwhileonduty,includingworkbreaks,and/orwhileatCityfacilities,projectsitesor otherworksitesoftheCityofSaintJohn.TheCityalsostrictlyprohibitsthereportingtoworkand/or beingatworkundertheinfluenceofanysubstanceprohibitedunderthispolicy. Theobjectivesofthispolicyare: 1.Topreventworkplaceaccidentsandtheirconsequencesofhumansuffering,economic costsandlossofequipmentandprocessesarisingfromtheuseofprohibitedandcontrolled substances. 2.Todefendtheintegrityofourservicethroughthepreventionofotherpotentialexposures andliabilitiesassociatedwiththeuseofprohibitedandcontrolledsubstancesinthe workplace. 3.Tochampionandpromoteemployeeeducationandawarenessalongwithrelated preventionactivitieswithrespecttoprohibitedandcontrolledsubstances. 4.Toprovideeffectivecaretoemployeesusingorinpossessionofprohibitedandcontrolled substancesintheworkplace. 5.Toprovideaframeworkformanagementofthehumanresourceimplicationsassociated withpossessionanduseofprohibitedandcontrolledsubstancesintheworkplace. APPENDIXE EMPLOYEEANDFAMILYASSISTANCEPROGRAM CITYOFSAINTJOHNPOLICYSTATEMENT POLICYSECTION:HEALTH,SAFETYANDWELLNESS TheemployeesoftheCityofSaintJohnareitsgreatestasset,essentialtothedeliveryofeffectiveand qualitypublicservices.Withaconcernforthewellbeingofourworkersandrecognitionofthe investmentinandbyourpeople,labourandmanagementjointlysponsortheEmployeeandFamily AssistanceProgram. TheCityofSaintJohnandtheSaintJohnPoliceForceareconcernedthatanyandeveryemployeewho maybeexperiencingpersonaldifficulties,canaccessconfidentialsupportandassistance;thisis availableandprovidedthroughtheEmployeeandFamilyAssistanceProgram. EmployeeandFamilyAssistanceProgramistoensurethatallemployees Theprimarypurposeofour andfamilymembershavinganykindofpsychological,social,behavioural,orfinancialproblemaregiven theopportunitytoobtainassistance.TheUnionsrepresentingCityemployees,thenonunion PoliceForce,asEmployer,recognizethat employeesgroup,andtheCityofSaintJohnandtheSaintJohn humanproblemscanbesuccessfullyaddressed,providedtheyareidentified,andreferralismadetoan appropriateserviceprovider.Thisistruewhethertheissueisoneofaphysical,mentaloremotional otheridentifiedconcerns. nature;financial;maritalorfamilydistress;addictionrelated;legalorany TheEmployeeandFamilyAssistanceProgramhasbeenestablishedtoassistallemployeesandfamily memberswhomayhavepersonalproblems,whatevertheoriginofthoseproblems,whichpotentially affecttheirjobperformanceandtohelpthemgainassistanceattheearliestpossibletime.TheProgram isinnowaymeanttointerferewiththeprivatelivesofemployees.Itistheretohelptheindividualand his/herfamily. Theobjectivesofthispolicyare: 1.Toprovideconfidentialsupportandassistancetoemployeesandfamilymembersexperiencing personalproblems,andtodosoatlittleornocosttotheemployee. 2.Tosupportandencourageapositiveworkenvironmentandenrichingworklifeforall employees,andahealthyproductiveworkplace. APPENDIXE 3.TosupportSupervisors,UnionRepresentativesandallemployeesinfulfillingtheirrolesunder thispolicy. 4.ToinformemployeesandtheirfamiliesabouttheProgram. 5.Toexpediteaccesstotreatmentresources. APPENDIXF PRECONVERSIONDISABILITYMANAGEMENT CITYOFSAINTJOHNPOLICYSTATEMENT POLICYSECTION:HUMANRESOURCESADMINISTRATION FurthertotheMemorandumofAgreementsignedDecember2012TheCityofSaintJohnisresponsible fortheadministrationofthedisabilitybenefitprovisionsforthoseindividualswhoqualifiedfora DisabilityPensionunderthenowrepealedCityofSaintJohnPensionAct.Thispolicywilloutlinethe rolesandresponsibilitiesofallstakeholdersandmethodstobefollowedwithrespecttoclaims,ongoing claimsreviewandtheappealprocess. Theobjectivesofthispolicyare: 1.ToensureconsistentadministrationofthePreConversionDisabilityPensionbenefit. 2.ToclearlyoutlinetherolesandresponsibilitiesforallstakeholdersintheDisability ManagementReviewincludingtheDisabilityRecipients,theIndependentClaims Administrator,theDisabilityManagerandtheCityManager. 3.Toestablishthemethodtobefollowedfortheongoingassessmentofa/ƌğźƒğƓƷ͸ƭ entitlementtoaDisabilityPension,includingtheappealprocess. Saint John Arts Centre 2016 ABC Presentation to Saint John Common Council Mandate The Saint John Arts Centre is a multidisciplinary venue dedicated to serving the community through the arts, educational and cultural programming accessible to all. Primary Functions Exhibition Art Galleries Saint John Arts Centre exhibits a wide variety of artworks in five galleries, six times a year. Each exhibition is seven weeks long. One of these galleries, the City Gallery, is managed by Bernard Cormier and is a program of the Cultural Affairs Office of the City of Saint John. There is no admission charge to enter the Arts Centre (Donations only) Attendance is about 10,000 a year, with between 200-400 people. attending our exhibition openings. Our mandate ensures that our exhibitions feature both professional and emerging artists. We receive applications to exhibit from artists from New Brunswick, the Maritimes, from across Canada and internationally. (Image Blake Ward exhibition who lives in Monaco) We offer artists rights fee to each exhibiting artist which helps to pay for transportation and other costs associated with exhibiting. Primary Functions Workshops Saint John Arts Centre provides workshops for people of all ages In 2015 we offered 61workshops with 396 people attending. We employ local artists who teach the workshops. The Saint John Arts Centre has purchased equipment and renovated spaces for dedicated workshop studios such courses as: Ceramics, Printmaking and Animation. Other workshops we offer regularly are: Intro to Painting, Sewing, Stained We coordinated the workshops that were provided at the 2014 and 2016 Sculpture Symposium Primary Functions Rentals Saint John Arts Centre is developing a reputation as a unique, atractive and affordable venue for such events as, weddings, receptions, business functions, concerts, and book launches. In 2015, we hosted 150 rentals. Our rental clients are a broad cross-section of local, provincial and federal organizations and we are constantly looking for ways to improve to meet their needs. Recently we have upgraded our kitchen stove and installed a new sound system. We also rent our ceramic and printmaking studios to qualified artists who are able to use these facilities to create works of art that will be for sale. Primary Functions Performing Arts The Saint John Arts Centre continues partnering with a number of organizations such as Symphony NB, and the Early Music Festival to provide a variety of concerts throughout the year. Partnering with Early Music Festival, the Arts Centre played host to an eight week, noon time classical music series called Summer Classics Series. Partnering with the Department of Tourism Heritage and Culture, and the Anglican Church in Millidgeville, the Arts Centre has been coordinating Music in Millidgeville over the last five years. spring. We also host song writers circle and other popular music concerts. Saint John Arts Centre Inc. The Saint John Arts Centre is a non-profit organization With a volunteer Board of Directors (11 members maximum) Chair Bob Boyce, Vice Chair - Christine Gilliland, Treasurer - Ian Stead, Secretary - Janice MacMillan Directors - Pat Joas, Jill Whitehouse, Gary A. Davis, and Leslie Oland Bernard Cormier is Ex Officio - three year terms. through the Nomination Committee, who seek out interested individuals from the Greater Saint John area. direction for organizational decisionmaking and the activities of the Staff Four full time staff: Executive Director Business Administrator, Promotions and Events Coordinator Building Maintenance. Contrary to popular belief, we are not City of Saint John employees. volunteer a total of 645 hours. Stewards of Carnegie Building In partnership with the City of Saint John, which owns the Carnegie building, the Saint John Arts Centre provides day-to-day maintenance to ensure a warm and welcoming experience for those who visit. Any major alterations or improvements to the building are coordinated through the Facility Management Dept in City Hall. Recent improvements include gallery renovations to the Library Gallery and front door and window restorations. Greater Saint John Regional Facility The Saint John Arts Centre is proud to be a Regional Facility serving the communities of Grand Bay-Westfield, the City of Saint John, the Town of Rothesay and the Town of Quispamsis. We meet with the Regional Facility Commission twice a year (May and September) and provide updates on our finances and events at the Arts Centre. has approved our request for an operational grant of $125,000. through workshops, facility rentals, project grants, donations, membership, exhibition sales, and our annual fundraiser. the public, and present budgetary reports to Regional Facilities Commission. The partnership we have with all the municipalities in Greater Saint John Area is key to our success. 2017 Budget Revenue Grants - Operating - Operating - - 7500 Totals 226,550 Expenses 10 Grants - - 12 13 14 15 16 17 18 19 20 22 23Telephone and Internet 24Bank Charges 25 Debit Machine and E-3500 26Totals 226,550 Projected Surplus (Deficit) 0 Performance and Service Targets The SJAC is poised to meet or exceed our expected targets in all the services we provide. This is due to the hard work of the staff and the positive reputation we have with the public. As a Community Arts Centre, or Community Cultural Centre as we are know by the provincial government, we are constantly changing and adapting to meet those needs of the community we serve. Summary for Common Council The Saint John Arts Centre is very much alive and a vibrant part of the Arts Community not just in the Greater Saint John Area, but in this part of the province. We hope that Council agrees that there is good value in continued funding of the Saint John Arts Centre, through the Greater Saint John Regional Facilities Commission. I would like to offer an open invitation to give individual tours of the Arts Centre to the Mayor and members of Common Council at their convenience. 2016 ABC Written Submission Template Ώ bğƒĻ Ώ Mandate SJAC mandate: The Saint John Arts Centre is a multidisciplinary venue dedicated to serving the community through the arts, educational and cultural programming accessible to all. Primary Functions 1. Art Gallery. The Arts Centre provides five exhibition galleries (one is coordinated through the Cultural Affairs Office at City Hall) There are six exhibition sessions per year each lasting seven weeks long. 2. Workshops: We provide art related workshops to people of all ages. 3. Rentals: For weddings, concerts or private functions. Printmaking and ceramic studio rentals. 4. Performing Arts: Symphony NB and Early Music Studios hold their concerts in our main gallery on a regular basis. Name of Board Chair - Bob Boyce, Vice Chair - Christine Gilliland, Treasurer - Ian Stead, Secretary - Members Janet MacMillian, Jill Whitehouse-Director, Pat Joas-Director, Gary A Davis- Director, Leslie Oland-Director, Bernie Cormier-Ex Officio # of Staff Four Andrew Kierstead-Executive Director, Nora Bowes-Business Administrator, Kelly Cunningham-Promotions and Events, Larry Morin-Building Maintenance 2016 CoSJ Subsidy Regional Facilities Commission Operational Grant of $125,000 Projected 2016 Workshops, facility rentals, project grants, donations, memberships and our annual revenue streams fundraiser. 2016 continuous ƚƦĻƩğƷźƚƓƭ ğƓķ ĭƚƭƷΏƭğǝźƓŭƭ improvement Over the last five years, steps have been taken to improve the efficiencies on how the Arts Centre operates, provides services to the public and presents budgetary reports to the Regional Facilities Commission. This is an ongoing process. tƩƚǝźķĻ ƷƚƷğƌ ğƓƓǒğƌ ƚƦĻƩğƷźƓŭ ĬǒķŭĻƷ źƓĭƚƩƦƚƩğƷźƓŭ ğƌƌ ŅǒƓķźƓŭ ğƓķ ƩĻǝĻƓǒĻ͵ Annual Budget SJAC budget for 2017 was approved for $226,550 tƩƚǝźķĻ ŅĻĻķĬğĭƉ ƚƓ —5 ĬǒķŭĻƷ ğĭƷǒğƌƭͲ ğƓķ ğƓǤ ƓƚƷĻǞƚƩƷŷǤ źƭƭǒĻƭ ƷŷğƷ ƭŷƚǒƌķ ĬĻ ĬƩƚǒŭŷƷ Response to YTD Ʒƚ ƷŷĻ ğƷƷĻƓƷźƚƓ ƚŅ ƷŷĻ /źƷǤ ƚŅ {ğźƓƷ WƚŷƓ Actuals The Saint John Arts Centre provided a year-to-date report to the Regional Facilities thth Commission on June 15 and presented our 2017 budget on September 9. The budget for 2017 and the operational grant have been approved. High-Level 2016 The Arts Centre is committed to providing quality exhibitions by Canadian and Performance/Service International, professional and emerging artists. We continue to expand our Objectives workshops program, this year to include the Sculpture - workshops. We are expanding our musical program to include a noon time Classical music concert series over the summer. We are always looking for ways of working with other Arts Centres in the province and have been promoting our Portfolio Development Program as a model for other organizations to adapt. YTD Performance/ The SJAC is poised to meet or exceed our expected targets in all our service areas. Service Targets This is due to the hard work of the staff and the positive reputation we have with the public. Recent Recipient of the Originals: Arts Organization of the Year accomplishments Higher standard of exhibition works. Emerging Issues None Summary of primary The Saint John Arts Centre is alive and a vibrant part of the arts community in take-aways for southern New Brunswick. Common Council The Arts Centre is very good value and worth the continued support as a Regional Facility. Updated skills matrix for appointees to each ABC Please refer to Regional Attachments Facilities Commission June report: Year to date. *Objective is to have each written submission no longer than three (3) pages in length. PLANNING ADVISORY COMMITTEE September 26, 2016 His Worship Mayor Don Darling and Members of Common Council Your Worship and Councillors: SUBJECT: Rezoning Application 34 Mount Pleasant Street East On August 8, 2016 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its September 20, 2016 meeting. Graham Little, the applicant, appeared before the Committee and spoke in favour of staff recommendation. No one else appeared before the Committee to speak in favour or against the proposed rezoning. One letter was received in support of the proposed rezoning. After considering the report, comments made by the applicant and the letter received, the Committee recommended that Council approve the proposed rezoning, subject to the proposed Section 39 condition outlined in the report. No further conditions were added. RECOMMENDATION: 1. That Common Council rezone a parcel of land having an area of approximately 3479 square metres, located at 34 Mount Pleasant Avenue East, also identified as being a portion of PID number 00342600, from Major Community Facility (CFM) to General Commercial (CG). 2. That, pursuant to Section 39 of the Community Planning Act, the use of the parcel of land having an area of approximately 3479 square metres, located at 34 Mount Pleasant Avenue East, also identified as being a portion of PID number 00342600, be limited to a commercial parking lot and an accessory parking area for the adjacent church. Respectfully submitted, Eric Falkjar Chair Attachments Date: September 16, 2016 To: Planning Advisory Committee From: Community Planning & Development Growth & Community Development Services For: Meeting of Tuesday, September 20, 2016 SUBJECT Applicant: Full Gospel Assembly (on behalf Irving Oil) Owner: Full Gospel Assembly Location: 34 Mount Pleasant Avenue East PID: A portion of 00342600 Plan Designation: Stable Residential Existing Zoning: Neighbourhood Community Facility (CFN) Proposed Zoning: General Commercial (CG) Application Type: Rezoning and Conditional Use Jurisdiction: The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed amendments to the Zoning By-law. The Committee recommendation will be considered by Common Council at a public hearing on Monday, October 3, 2016. The Community Planning Act authorizes the Planning Advisory Page 1 of 6 Full Gospel Assembly 34 Mount Pleasant Avenue East September 16, 2016 Committee to impose terms and conditions upon the establishment and operation of a commercial parking lot in the General Commercial (CG) zone. SUMMARY The applicant is seeking to rezone the subject site as a parking area associated with the Irving Oil office building located at 2 First Street East. The site was previously granted temporary approval by the Planning Advisory Committee at its September 15, 2015 meeting, and was granted an additional year extension by the Committee at its August 16, 2016 meeting. The applicant is now seeking a rezoning the subject site (see attached site plan) to permit a portion of the existing parking area at 34 Mount Pleasant Avenue East to be used as a commercial parking lot, not limited to a temporary period. RECOMMENDATION 1. That Common Council rezone a parcel of land having an area of approximately 3479 square metres, located at 34 Mount Pleasant Avenue East, also identified as being a portion of PID number 00342600, from Major Community Facility (CFM) to General Commercial (CG). 2. That, pursuant to Section 39 of the Community Planning Act, the use of the parcel of land having an area of approximately 3479 square metres, located at 34 Mount Pleasant Avenue East, also identified as being a portion of PID number 00342600, be limited to a commercial parking lot and an accessory parking area for the adjacent church. DECISION HISTORY The property was rezoned to Neighbourhood Institutional (IL-1) on March 26, 1984 to allow for the construction of the existing church. On August 18, 2015, the Planning Advisory Committee denied temporary approval to allow a gravel parking lot to be established on the property located at 9-19 First Street East. The proposed temporary parking lot would have provided employee parking for the Irving Oil office building at 2 First Street East. As a result, the applicant requested approval of a temporary use to allow for a portion of the church parking area at 34 Mount Pleasant Avenue to be used by Irving Oil employees, which was approved by the Committee at its September 15, 2015 meeting. On August 16, the PAC extended the temporary approval for a commercial parking lot for an additional year. ANALYSIS Proposal Page 2 of 6 Full Gospel Assembly 34 Mount Pleasant Avenue East September 16, 2016 The Full Gospel Assembly, the applicant, is seeking approval to rezone the proposed parking area (see attached site plan) associated with the existing Full Gospel Assembly church at the above address to General Commercial (CG). The site is used by the staff at the Irving Oil office building located across the street at 2 First Street East. However, the existing Neighbourhood Community Facility (CFN) zone does not identify a commercial parking lot as a permitted use, which requires the applicant to seek a rezoning of the site to accommodate the desired use. Irving Oil, Ltd. require an additional 66 parking spaces to the existing onsite spaces located at their business office at 2 Spruce Avenue. The company has seen an increase in the number of employees located at the above address, and therefore need additional parking to accommodate this growth. Site and Neighbourhood The subject site overlooks Bayside Drive and Courtenay Bay in East Saint John. The church property is approximately 1.76 hectares in area and has driveway access from Mount Pleasant Avenue East and Spruce Avenue. The site houses a church constructed in the mid 1980's with a paved parking lot containing approximately 110 parking spaces. The area subject to the current rezoning application is approximately 3479 square metres, and abuts both Mount Pleasant Avenue East as well as Spruce Avenue. The surrounding neighbourhood contains a mix of land uses with properties along Bayside Drive having Corridor Commercial (CC) zoning and the surrounding neighbourhood having Two-Unit Residential (R2) zoning. Residences are located to the north, east and south of the site with a carwash and gas bar located immediately to the west of the site, fronting on Bayside Drive. Municipal Plan and Temporary Use The subject site is designated Stable Residential in the Municipal Plan and zoned Neighbourhood Community Facility (CFN). The parking area is proposed to accommodate employees of an existing business office located in the Corridor Commercial (CC) zone and designated Stable Commercial by the Municipal Plan. Policy TM -60 of the Municipal Plan supports approaches to managing transportation demand, such as the shared parking arrangement that is being proposed: Policy TM -60: Explore Transportation Demand Management (TDM) initiatives to reduce overall parking demand in the City, especially the Uptown. This can involve measures such as permitting shared parking among various land uses where zoning permits, staggering employment start times, managing the number of parking spaces, and providing preferential parking for carpool users and smaller vehicles. A parking for a business office is not a permitted use in the Neighbourhood Community Facility (CFN) zone. As such, the applicant is seeking to rezone a portion of the existing parking area to General Commercial (CG) to accommodate the desired use. Rezoning the site would support the intent of Policy TM -60 with respect to shared parking. Page 3 of 6 Full Gospel Assembly 34 Mount Pleasant Avenue East September 16, 2016 The office and church land uses have parking demands that peak at different times. The peak parking demand of the office use occurs during the morning and afternoon on weekdays, with churches having a peak parking demand on Sunday mornings and weekday evenings. The proposed parking area has a walking distance of approximately 165 metres from the site at 2 First Street East which is an accessible location for workers accessing the site. Through the original temporary approval process, staff noted that a pedestrian crosswalk was not required as First Street East is now a dead-end street with very little traffic activity. Staff do not anticipate the proposed parking area will have a significant impact on adjacent residential properties. The rear lot lines of surrounding residential properties along the north and east of the site are separated from the parking area by a landscaped area ranging in depth from 16 metres to 33 metres and a difference in elevation of between 2 metres and 4 metres. The parking area has a paved surface with curbing and painted lines, which satisfies the requirements of the Zoning By-law. Staff recommend approval for the proposed extension of the temporary use of the site as a parking area for the staff of the Irving Oil business office. Staff recommend that Council impose a Section 39 condition to the rezoning of the site that limits the use of the rezoned portion of the parking area to a commercial parking lot, as well as retaining its current use as a parking area for the adjacent church. No further conditions are recommended. Conclusion The applicant is seeking to rezone the subject site to General Commercial (CG) to permit the establishment of a commercial parking lot for the staff at the Irving Oil office building located at 2 First Street East. The proposed use is effectively using a parking demand management strategy ALTERNATIVES AND OTHER CONSIDERATIONS No alternative considerations are recommended for this application. ENGAGEMENT Public In accordof Procedure, notification of the proposal was sent to landowners within 100 metres of the subject property on September 6, 2016. Page 4 of 6 Full Gospel Assembly 34 Mount Pleasant Avenue East September 16, 2016 SIGNATURES AND CONTACT Prepared by: Reviewed By: Approved by: Jody Kliffer, MCIP, RPP Mark Reade, P.Eng., Jacqueline Hamilton, MURP, Planner MCIP, RPP MCIP, RPP Senior Planner Commissioner Contact: Jody Kliffer Phone: 506.632.6846 E-mail: jody.kliffer@saintjohn.ca Project: 16-168 Page 5 of 6 Full Gospel Assembly 34 Mount Pleasant Avenue East September 16, 2016 APPENDIX Map 1: Site Location Map 2: Municipal Plan Map 3: Zoning Map 4: Aerial Photography Map 5: Site Photography Submission 1: Site Plan Submission 2: Floor Plan Submission 3: Rendering Page 6 of 6 PLANNING ADVISORY COMMITTEE September 21, 2016 His Worship Mayor Don Darling and Members of Common Council Your Worship and Councillors: SUBJECT: Proposed Rezoning 50 Hazen Street On September 6, 2016 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its September 20, 2016 meeting. Don Cullinan appeared before the Committee, on behalf of the applicant, Brent McGovern, and expressed agreement with the Staff recommendation. No other persons appeared before the Committee and no letters were received regarding the application. The Planning Advisory Committee adopted the staff recommendation to rezone the subject site subject to a Section 39 condition and granted a variance to reduce the minimum required number of on-site parking spaces for the proposal from four to zero. RECOMMENDATION: 1. That Common Council rezone a parcel of land with an area of approximately 401 square metres, located at 50 Hazen Street, also identified as PID Number 00038679, from Urban Centre Residential (RC) to General Commercial (CG). 2. That, pursuant to the provisions of Section 39 of the Community Planning Act, proposed use of a parcel of land with an area of approximately 401 square metres, located at 50 Hazen Street, also identified as PID Number Page 1 of 2 Brent McGovern 50 Hazen Street September 21, 2016 00038679, be subject to a condition requiring that the use of the site be restricted to the proposal and the uses permitted in the General Commercial (CG) zone with the exception of the following uses: a) Bar, lounge, or nightclub; b) Private Club; c) Service Station; and d) Vehicle Repair Garage. Respectfully submitted, Eric Falkjar Chair Attachments Page 2 of 2 Date: September 16, 2016 To: PlanningAdvisory Committee From: Community Planning & Development Growth & Community Development Services For: Meeting ofTuesday,September 20, 2016 SUBJECT Applicant:Brent McGovern Owner: John Brent McGovern and Robyn-Jane Anne Tingley Location: 50 Hazen Street PID: 00038679 PlanDesignation: Medium to High Density Residential Existing Zoning: Urban Centre Residential (RC) Proposed Zoning: Uptown Commercial (CU) Application Type: Rezoning & Variance Jurisdiction:The Community Planning Actauthorizes the Planning Advisory Committee to give its views to Common Council concerning proposed amendments to the Zoning By-law. The Committee recommendation will be considered by Common Council at a public hearing on Monday,October 3, 2016. Page 1 of 6 Brent McGovern50 Hazen StreetSeptember 16, 2016 SUMMARY The applicant proposes to rezone the subject site from Urban Centre Residential (RC) to General Commercial (CG) to change the use of the existing olderbuildingfrom a three-unit dwelling to a business office with a one-unit dwelling. The site is designated Medium to High Density Residential in the Municipal Plan. This designation allows for the development of appropriate office uses.Staffsupport the proposed rezoningto allow for a business office asit is not expected to negatively impact the surrounding residential neighbourhood, the site is located at the periphery of the residential neighbourhood, and the wider surrounding area has a mix of residential and commercial uses. However, commercial land usesshould generally be located in designated commercial areas rather than established residential neighbourhoods. To address this issue, staff recommend that the rezoning be approved subject to a Section 39 condition limiting the commercial use of the site to a business office. A variance is required to reduce the number of parking spaces from four to zero. Thisvariance can be supported due tothelimited frontage of the site, the proximityof the site to commercial parking lots, and the availability of public transit in the area. RECOMMENDATION 1.That Common Council rezone a parcel of land with an area of approximately 401square metres, located at 50Hazen Street, also identified as PID Number 00038679, from Urban Centre Residential (RC) to General Commercial (CG). 2.That, pursuant to the provisions of Section 39 of the Community Planning Act, proposed use of a parcel of land with an area of approximately 401square metres, located at 50 Hazen Street, also identified as PID Number 00038679, be subject to a condition requiring that the use of the site be restricted to the proposal and the uses permitted in the General Commercial (CG) zone with the exception of the following uses: a)Bar, lounge, or nightclub; b)Private Club; c) Service Station; and d)Vehicle Repair Garage. 3.That the Planning AdvisoryCommitteegrant a variancetoreduce the minimum required number of on-site parking spaces for the proposed business officeand one-unit dwelling at 50 Hazen Street from four to zero. DECISION HISTORY There are no previous planning applications or decisions for the subject property relevant to this application. Page 2 of 6 Brent McGovern50 Hazen StreetSeptember 16, 2016 ANALYSIS Proposal The applicant proposes to rezone the subject site from Urban Centre Residential (RC) to Uptown Commercial (CU) to allow for the establishment of a business office in the existing building on the subject site. The proposed business is a professional services firm that would be located on the main floor of the building and a portion of the second floor. A dwelling unit would remain on the second floor of the building.No exterior changes or additions to the existing building are proposed. Site and Neighbourhood The subject site is locatedon Hazen Street between Dorchester Street and Garden Streetat the northern border of the South Central Peninsula near Highway 1. The subject site is of average size for the area, atapproximately 401square metres withapproximately 11 metres of frontage on Hazen Street. Nearly the entire frontage is occupied by anexisting two-storey brick dwelling. The surrounding area contains primarily older multiple residentialdwellings on small, urban lots. The pattern of residential developmentinthe area is typical of older sections of the City, with buildings located close to the sidewalk and side property lines andlimited or nooff-street parking. The wider surrounding areacontainsmany commercial establishments. These establishments includeHarbour Station, Braxco Ltd., Peel Plaza Parking Garage, and the Garden Street Irving. The area is also defined by its proximity to Highway 1 and the traffic generated byits on- and off-ramps. Municipal Planand Rezoning The subjectsite is zoned Urban Centre Residential (RC) and designatedmedium to high density residential by the Municipal Plan. This land use designation “permit\[s\] a range of housing types with an emphasis on the provision of higher density housing forms” and “other compatible uses” (Policy LU-45). These compatible uses include “appropriate retail and office uses” (Policy LU-47). The present proposal to change the use of an existing building from three dwelling units to one dwelling unit and a business office meets the objectives of theMunicipal Plan land use policies for the area. The applicant proposes to rezone the subject site fromUrban Centre Residential (RC) to Uptown Commercial (CU) to allow for a change of use from a three-unit dwelling to a one-unit dwelling and business office. Although staff do not prescribe to strict separation of uses, commercial uses should generallybe locatedwithin existing designated commercial nodes rather than established residential neighbourhoods. However,staff has supported rezoning applications to allow for similar proposals, such as a law office at the corner of Coburg and Paddock Streets and another on Carleton Street. These proposalswere supportedbecause the siteswerelocatedon the edge of a residential area or within a mixed-use neighbourhood. Page 3 of 6 Brent McGovern50 Hazen StreetSeptember 16, 2016 In the current case, the nature of the proposal, context of the neighbourhood, and existing mix of usesmake the neighbourhood appropriatefor the establishment of the proposed business office. The proposed businessoffice is compatible with the immediateresidential context, as business officesare generally low impact due to their typical nature, clientele, and hours of operation. Existingcommercial land uses in the wider surrounding area create an appropriate context for this proposal. Significant commercial land uses located in close proximity to the subject site include Harbour Station, Braxco Ltd., Peel Plaza Parking Garage, and Garden Street Irving. Additionally, the site overlooks busy highway off- and on-ramps, which limits the residential potential of the property. The proposed business office would not be out of place in the existing mixed-use neighbourhood. To ensure the proposed commercial use of the subject site remains compatible with the immediate residential context, Staff recommend a Section 39 condition to limit the use of the site to the uses permitted in the Uptown Commercial (CU) zone with exceptions. The recommended exceptionsinclude a bar, lounge, or nightclub; private club; service station; and vehicle repair garage. Becauseof these factors, the proposal to rezone the site from Urban Centre Residential (RC) to General Commercial (CG) can be supported. However, as is the case with similar proposals, the rezoning should be subject to aSection 39 condition limiting the use ofthe siteto the proposal and the uses permitted in the General Commercial (CG) zone with the exception of a Bar, lounge, or nightclub; Private Club;Service Station; andVehicle Repair Garage.This condition is intended to prevent the establishment of a commercial use on the site that is incompatible with the surrounding residential neighbourhood. Variances Based on the area of the proposed business officeand the presence of a one-unit dwelling, the Zoning By-law requires that fouroff-street parking spaces be provided for theproposed change of use. The required parking spaces cannot be provided on site because, as previously mentioned, the building occupies the majority of the property’s frontage. Therefore, the applicant has requested a variance to reduce the minimum number of parking spaces from fourto zero. Approval of the parking variance can be supported due to the close proximity of the site to the Uptown, transit routes, and the Peel Plaza Parking Garage. The Peel Plaza Parking Garage is located approximately 178 metres from the subject site, making it an appropriate option for parking spaces for staff and customers of the proposed business office. Many commercial uses in the Uptown and South Central Peninsula areas, especially those involving the conversion of large, older dwellings havebeen granted similar variances. Additionally, many nearbyproperties are located in the Uptown Parking Exemption area established by the Zoning By-law to exempt change of use and certain development proposals from the By-law’s parking requirements. Page 4 of 6 Brent McGovern50 Hazen StreetSeptember 16, 2016 Conclusion Staff supportthe proposed rezoning of the subject site from Urban Centre Residential (RC) to General Commercial (CG) to allow for the establishment of the proposed business officeand one-unit dwelling within an existing older home. The proposal can be supporteddue to the nature of the proposal, the location of the site on the border of a residential neighbourhood, and the mixed-use context of the wider surrounding area.However, as commercial uses should be clustered indesignated commercial nodes rather thanlocatedinresidential neighbourhoods, a Section 39 conditionlimiting the use of theproperty to theuses permitted in the Uptown Commercial (CU) zone with exceptions. Staff also recommend approval of the proposed parking variance due to limited frontage of the site, the proximity of the site to commercial parking lots, and the availability of public transit in the area. ALTERNATIVESAND OTHER CONSIDERATIONS Common Council may restrict the commercialuse of the site to the present proposal for a business office, so any other commercial proposal would be subject to reviewby the Planning Advisory Committee and Common Council and input from neighbouring property owners. ENGAGEMENT Public In accordance with the Committee’s Rules of Procedure, notification of the proposal was sent to landowners within 100 metres of the subject propertyonAugust 25, 2016.The publichearing for the rezoning was advertised in the Telegraph-Journal onSeptember 8, 2016. SIGNATURES AND CONTACT Prepared by: Kristen Flood, MPl Planner Reviewed by: Approved by: Mark Reade, P.Eng., MCIP, RPPJacqueline Hamilton, MURP, MCIP, RPP Senior PlannerCommissioner Page 5 of 6 Brent McGovern50 Hazen StreetSeptember 16, 2016 Contact:Kristen Flood Phone: (506)658-4528 E-mail:kristen.flood@saintjohn.ca Project:16-190 APPENDIX Map 1:Site Location Map 2:Municipal Plan Map3:Zoning Map 4:Aerial Photography Map 5:Site Photography Submission 1:Site Plan Submission 2:First FloorPlan Submission 3:Second FloorPlan Page 6 of 6 N L P O L N U T S T N I S A R M E R T E S G E H C R O D PLANNING ADVISORY COMMITTEE September 21, 2016 His Worship Mayor Don Darling and Members of Common Council Your Worship and Councillors: SUBJECT: Proposed Subdivision & Rezoning 200-202 Westmorland Road On September 6, 2016 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its September 20, 2016 meeting. Paul Daigle appeared before the Committee, on behalf of the applicant, Fundy Funeral Home, and expressed agreement with the Staff recommendation. No other persons appeared before the Committee and no letters were received regarding the application. After considering the report and comments, the Committee adopted the Staff recommendation to rezone the property subject to Section 39 conditions. RECOMMENDATION: 1. That Common Council rezone a parcel of land with an area of Cemetery Company Subdivision plan, from Park (P) to General Commercial (CG). 2. That, pursuant to the provisions of Section 39 of the Community Planning Act, proposed use of a parcel of land with an area of approximately 5156 Company Subdivision plan, shall be subject to the following conditions: Page 1 of 2 Fundy Funeral Home 200-202 Westmorland Road September 21, 2016 a) The use of the site shall be restricted to a funeral service and accessory uses. b) That the landscaping required for any development on the site be illustrated on a detailed site plan, to be prepared by the applicant and subject to the approval of the Development Officer, which shall be attached to the building permit for the proposed development. Respectfully submitted, Eric Falkjar Chair Attachments Page 2 of 2 Date: September 16, 2016 To: PlanningAdvisory Committee From: Community Planning & Development Growth & Community Development Services For: Meeting ofTuesday,September 20, 2016 SUBJECT Applicant:Fundy Funeral Co-op Ltd. Owner: Fernhill Cemetery Company Location: 200-202 Westmorland Road PID: 55183875 PlanDesignation: Park and Natural Area Existing Zoning: Park (P) Proposed Zoning: General Commercial (CG) Application Type: Subdivision & Rezoning Jurisdiction:The Community Planning Actauthorizes the Planning Advisory Committee to give its views to Common Council concerning proposed amendments to the Zoning By-law.The Committee recommendation will be considered by Common Council at a public hearing on Monday,October 3, 2016. Page 1 of 6 Fundy Funeral Co-op Ltd.200-202 Westmorland RoadSeptember 16, 2016 SUMMARY The applicant proposes to subdivide a portion of the Fernhill Cemetery property and rezone it from Park (P) to General Commercial (CG) to allow for the potential expansion of the adjacent funeral home. Money-in-lieu is proposed to fulfill the land-for-public purposes dedication requirement. Although the subject site is designated Parks and Natural Areas, Staff support the proposed rezoning as it is consistent with Municipal Plan policies and the proposal is appropriate given the relationship between the funeral home and the cemetery. RECOMMENDATION 1.That Common Council rezone a parcel of land with an area of approximately 5156 square metres, identified as Parcel “A” on the FernhillCemetery Company Subdivision plan, fromPark (P) to General Commercial (CG). 2.That, pursuant to the provisions of Section 39 of the Community Planning Act, proposed use of a parcel of land with an area of approximately 5156 square metres, identified as Parcel “A” on the Fernhill Cemetery Company Subdivision plan, shall be subject to the following conditions: a)The use of the site shall be restricted toa funeral service and accessory uses. b)That the landscaping required for any development on the site be illustrated on a detailed site plan, to be prepared by the applicant and subject to the approval of the Development Officer, which shall be attached to the building permit for the proposed development. DECISION HISTORY On September 9, 2002, Common Council assented to the Fernhill Cemetery Company Subdivision (Lot 02-02), 200 Westmorland Road, and to any required public utility easements. On September 4, 2002, the Planning Advisory Committeegrantedseveral variances fromthe requirements of the Zoning and Subdivision By-laws for the Fernhill Cemetery Company Subdivision (Lot 02-02).This subdivision wasproposed to create an independent lot for an existing building that is used as a business office; however, a final subdivision plan was never received. Page 2 of 6 Fundy Funeral Co-op Ltd.200-202 Westmorland RoadSeptember 16, 2016 ANALYSIS Proposal The applicant proposesto subdivide and rezone a portion of the subject sitewith an area of approximately 5156square metres, Parcel “A”onthe attached Tentative Plan, to consolidate it with the adjacent funeral homelocated on Lot 94-1.The proposed rezoning is from Park (P) to General Commercial (CG) and willallow for any future expansions of the funeral home, and will most likely be used to accommodate additional parking spaces. The applicant proposes to provide money-in-lieu to fulfill the land for public purposes requirement. Site and Neighbourhood The subject siteisa large parcel situatedon the northern side of Westmorland Road. The site is usedas a cemetery, Fernhill Cemetery, with an office forthe Fernhill Cemetery Company Inc. A wide paved access runs through the site providing one of several vehicular accesses into Fernhill Cemetery. An office forFernhill Cemetery is located on the site with aone-storey maintenance garage is located northof the office. The subject sitehas mature tree coverage, which presents the opportunity for the developer to retain trees to meet the Zoning By-law’s front, side, and rear yard landscaping requirements for development on the site.To encourage tree retention, staff recommend that the proposed rezoning be subject to a Section 39 condition requiring the submission of a detailed site plan illustrating the required landscaping for any development on the site. Municipal Planand Rezoning The subject site is designated Park and Natural Areas by the Municipal Plan and it is zoned Park (P). The applicant proposes to subdivide a portion of the site and rezone it to General Commercial (CG) to allow for the development of a parking lot for the adjacent funeral home. The Municipal Plan directs that “Lands in the City designated Park and Natural Areas are generally not appropriatefor any form of development” (PlanSJ pg. 96). However, they are appropriate for cemeteries (Policy LU-110), andthis developmentproposalis compatible with and exclusively devoted to the mainuse of the site for a cemetery. Because the proposed use is sufficiently related to the cemetery, the provision of additional parking spaces for the funeral homeis considered appropriate for the Park and Natural Areas designation and consistent with theMunicipal Plan. The Municipal Plan acknowledges that the boundaries of land use designations are approximate, therefore the proximity of Parcel “A” to land designated Stable Residential, which is more appropriate for the establishment of a funeral home than land designated Park and Natural Areas, also justifies the proposal. The Plan states, Recognize that the boundaries of land use designations, as shown on the Future Land Use map (Schedule B), are intended to be approximate, except where they coincide with roads or other clearly defined physical features. Where general compliance with Page 3 of 6 Fundy Funeral Co-op Ltd.200-202 Westmorland RoadSeptember 16, 2016 Municipal Plan policies is maintained, minor adjustments to the boundaries of land use designations shall not require a Municipal Plan amendment(PlanSJ, Policy LU-3). As the proposal is in general compliance with Municipal Plan policies and the property is located in close proximity to an area designated Stable Residential, the proposal meets the criteria in Policy LU-3. The applicant proposes to rezone a portion of the subject site from Park (P) to General Commercial (CG) to allow for the potential expansionof theadjacent funeral home. The proposed General Commercial (CG) zone is consistent with the zone of the adjacent property, and the rezoning will allow Lot 94-1 and Parcel “A”to be used together as illustrated on the Fernhill Cemetery Company Subdivision plan. Subdivision The applicant proposes to subdivide a portion of the subject site with an area of approximately 5156 square metres (Parcel “A”)and consolidate it with the adjacent property (Lot 94-1) to create Lot 16-1 as illustrated on the Fernhill Cemetery Company Subdivision plan. Conclusion Staff support the proposed rezoning and money-in-lieu dedication to allow for the creation of Parcel “A” and its consolidation with Lot 94-1 and the potential expansion ofthe adjacent funeral home. The rezoning of Parcel “A” from Park (P) to General Commercial (CG) is consistent with Municipal Plan policies, whichallow for cemeteries and state that land use designation boundaries are approximate. Approval of theproposed money-in-lieu dedication is recommendedbecause a small area is proposed to be subdivided, the remainder of the subject site is a public greenspace, and money-in-lieu dedications are supported by the policies in PlaySJ, which emphasize quality over quantity of parkland. ALTERNATIVESAND OTHER CONSIDERATIONS No alternatives were considered. ENGAGEMENT Public In accordance with the Committee’s Rules of Procedure, notification of the proposal was sent to landowners within 100 metres of the subject propertyonAugust 25, 2016.The publichearing for the rezoning was advertised in the Telegraph-Journal onSeptember 8, 2016. Page 4 of 6 Fundy Funeral Co-op Ltd.200-202 Westmorland RoadSeptember 16, 2016 SIGNATURES AND CONTACT Prepared by: Kristen Flood, MPl Planner Reviewed by: Approved by: Mark Reade, P.Eng., MCIP, RPPJacqueline Hamilton, MURP, MCIP, RPP Senior PlannerCommissioner Contact:Kristen Flood Phone: (506)658-4528 E-mail:kristen.flood@saintjohn.ca Project:16-190 Page 5 of 6 Fundy Funeral Co-op Ltd.200-202 Westmorland RoadSeptember 16, 2016 APPENDIX Map 1:Site Location Map 2:Municipal Plan Map3:Zoning Map 4:Aerial Photography Map 5:Site Photography Submission 1:SubdivisionPlan Page 6 of 6 R G L C M T IS D A LE T S E NI R E H T A C T NI A S R L E D S A B R T S E NI R E H T A C T N I A S D S U A L C M R PLANNING ADVISORY COMMITTEE September 26, 2016 His Worship Mayor Don Darling and Members of Common Council Your Worship and Councillors: SUBJECT: Section 39 Amendment 100-112 Prince Edward Street On September 6, 2016 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its September 20, 2016 meeting. Chris Doucet, the applicant, appeared before the Committee and spoke in favour of staff recommendation. No one else appeared before the Committee to speak in favour or against the proposed Section 39 amendment. After considering the report, and comments made by the applicant, the Committee recommended that Council approve the proposed Section 39 amendment. RECOMMENDATION: That Common Council amend the Section 39 conditions imposed on the May 8, 1972 rezoning of a parcel of land with an area of approximately 22,065 square metres, located at 100-112 Prince Edward Street, also identified as PID No. 55158133, by deleting the existing condition that limits the use of the site to a specific proposal approved by Common Council pursuant to Section 39 of the Community Planning Act. Respectfully submitted, Eric Falkjar Chair Attachments Date: September 16, 2016 To: Planning Advisory Committee From: Community Planning & Development Growth & Community Development Services For: Meeting of Tuesday, September 20, 2016 SUBJECT Applicant: Chris Doucet Owner: Tidan Inc. Location: 100-112 Prince Edward Street PID: 55158133 Plan Designation: Mixed Use Centre Existing Zoning: Mixed Commercial (CM) Application Type: Section 39 Amendment Jurisdiction: The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed amendments to the Zoning By-law. The Committee recommendation will be considered by Common Council at a public hearing on Monday, October 3, 2016. SUMMARY The subject site was developed in 1972, which included At the time, the property Page 1 of 5 Chris Doucet 100-112 Prince Edward Street September 16, 2016 was rezoned to the Integrated Development (ID) zone in order to ensure that the site developed and evolved in accordance with the original concept approved by Council. The applicant is now seeking to delete the existing Section 39 conditions from the subject site to allow any new retail tenant signage on the building, as well as permit the landowner to conduct minor work to the exterior of the building, without requiring approval from Common Council. Staff support the proposed amendment. RECOMMENDATION That Common Council amend the Section 39 conditions imposed on the May 8, 1972 rezoning of a parcel of land with an area of approximately 22,065 square metres, located at 100-112 Prince Edward Street, also identified as PID No. 55158133, by deleting the existing condition that limits the use of the site to a specific proposal approved by Common Council pursuant to Section 39 of the Community Planning Act. DECISION HISTORY The subject property was rezoned "ID" Integrated Development in 1972 to permit the construction of Prince Edward Square in accordance with a development concept approved by Common Council pursuant to Section 39 of the Community Planning Act. Several amendments to this original scheme have been approved since 1972, including several signs, canopies, enclosure of a loading dock and two additional entrances to the building on Prince Edward Street. The most recent sign to be approved was a facia sign to advertise a location for the YMCA, approved in June of 2007. ANALYSIS Proposal The applicant is seeking a Section 39 Amendment application to delete existing Section 39 conditions attached to the above property in order to permit the owner to conduct work to the building that will include altering existing signage on the building, and introducing new commercial tenants. The site is subject to Section 39 conditions of the Community Planning Act that limit the development and use of the property to the specific development proposal that was approved for the site in 1972. The conditions require the owner to seek approval from Common Council for any proposed changes to the building or its use that are not consistent with the original proposal. The current application comes as a result of two proposed wall signs for the exterior of the existing building in support of a new retail tenant being established in the space formally occupied by the liquor store. The installation of the proposed wall signs requires an amendment to the Section 39 conditions. Instead of pursuing an amendment to the conditions, the applicant is seeking to delete the longstanding Section 39 conditions, which would allow the Page 2 of 5 Chris Doucet 100-112 Prince Edward Street September 16, 2016 property to be governed by the standards of the existing Mixed Commercial (CM) zone, and not require an application to Council when minimal changes are proposed for the site. This allows for future development at the site to only require a building permit, as long as it is in conformance with the Mixed Commercial (CM) zone standards. Site and Neighbourhood The subject property is located in the Waterloo Village neighbourhood of the Central Peninsula, situated near the intersection of Union Street and Prince Edward Street (see attached location map). This area of the City has a mixture of residential, commercial and community facility land uses. The subject property is a large lot that contains the Prince Edward Square Mall, which was developed along with the adjacent Prince Edward Square Apartments in 1972. Similar to other developments in the "ID" Integrated Development zone, all site improvements (including signage) must be developed in accordance with the plan that was approved by Common Council at the time of the original rezoning. Municipal Plan and Section 39 Amendment Mixed Use Centre land use designation, which includes properties within Urban Neighbourhood Intensification Areas that are deemed more appropriate for mixed commercial uses as well as higher density residential land uses. The existing Mixed Commercial (CM) zone identifies general retail businesses as permitted land uses, subject to the development standards of the zone, which includes policies that regulate signage for the site. Should Council approve the proposed amendment to the existing Section 39 conditions, the establishment of wall signage for any current or future businesses at the subject site would be regulated by the standards of the Zoning By-law. During the development of the new Zoning By-law, staff moved the subject site from the Integrated Development (ID) zone to the Mixed Commercial (CM) zone. The Mixed Commercial (CM) zone has appropriate standards to regulate smaller scale mixed-use developments, such as Prince Edward Square Section 39 conditions and allow the site to be governed by the standards of the zone and facilitate a more streamlined approach to development on the site. Conclusion The subject site was rezoned in 1972 to Integrated Development (ID) permit the development of Prince Edward Square as well as the adjacent residential complex. The Integrated Development (ID) zone is regulated by Section 39 of the Community Planning Act, which ties the development and use of the site to the proposal submitted to Council in support of the original rezoning process in 1972. The property was later placed in the Mixed Commercial (CM) zone in 2014 when the new Zoning By-law was adopted by Council. However, the Section 39 conditions Page 3 of 5 Chris Doucet 100-112 Prince Edward Street September 16, 2016 remained with the property. Staff support the proposal to delete the Section 39 conditions, enabling a more streamlined approach to development on the site and allow the site to be regulated by the standards of the current zone. ALTERNATIVES AND OTHER CONSIDERATIONS No alternative considerations are recommended for this application. ENGAGEMENT Public In accordof Procedure, notification of the proposal was sent to landowners within 100 metres of the subject property on August 4, 2016. The public hearing for the rezoning was advertised in the Telegraph-Journal on August 11, 2016. SIGNATURES AND CONTACT Prepared by: Reviewed By: Approved by: Jody Kliffer, MCIP, RPP Mark Reade, P.Eng., Jacqueline Hamilton, MURP, Planner MCIP, RPP MCIP, RPP Senior Planner Commissioner Contact: Jody Kliffer Phone: 506.632.6846 E-mail: jody.kliffer@saintjohn.ca Project: 16-167 Page 4 of 5 Chris Doucet 100-112 Prince Edward Street September 16, 2016 APPENDIX Map 1: Site Location Map 2: Municipal Plan Map 3: Zoning Map 4: Aerial Photography Map 5: Site Photography Submission 1: Site Plan Submission 2: Rendering Page 5 of 5 Received Date September 29, 2016 Meeting Date October 04, 2016 Open or Closed Open Session His Worship Don Darling and Members of Common Council Your Worship and Councillors: Subject: Letter of Thanks to Saint John Port Authority Background: I move that we request the Mayor to send a wonderful letter of thanks on behalf of all of us and our citizens to the Board, Management Staff and Staff of the Saint John Port Authority for all their efforts in promoting our city to so many Cruise Ship Companies and entice them to visit with us. They are all to be congratulated. This past week our city has been truly alive with "cruise visitors". It is a very enjoyable sight to see these large beautiful cruise ships in our harbour. Of course there are a few more to come this month. Motion: That Common Council request the Mayor to send a letter of thanks on behalf of all of us and our citizens to the Board, Management Staff and Staff of the Saint John Port Authority for all their efforts in promoting our City to so many Cruise Ship Companies and enticing them to visit with us. Respectfully Submitted, (Received via email) Shirley McAlary Deputy Mayor City of Saint John /h…b/L\[ w9thw M&C No. 2016-228 Report Date September 23, 2016 Meeting Date October 03, 2016 Service Area Saint John Water His Worship Mayor Don Darling and Members of Common Council SUBJECT: Watershed Clean-up Day OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Kendall Mason J. Brent McGovern Jeff Trail RECOMMENDATION It is recommended that Common Council receive and file this report. EXECUTIVE SUMMARY Watersheds are the first and most fundamental step in the multi-barrier approach to protecting drinking water. Healthy watersheds are naturally able to filter contaminants and protect source water quality. Year after year, Saint John Water crews clean up garbage and debris within the watersheds - an ongoing effort to protect our lakes and the natural ecosystems that we depend upon for our drinking water. th On Wednesday, October 5, 2016, from 9 a.m. until 1 p.m., Saint John Water staff along with New Brunswick Community College (NBCC) students and Instructors will work together to clean up select areas in the Loch Lomond watershed. Members of Council and the public are also welcome to join in the effort of cleaning up and protecting the watershed. PREVIOUS RESOLUTION N/A - 2 - STRATEGIC ALIGNMENT Maintaining the quality of our watershed asset in an environmentally sustainable way. REPORT LƓƷƩƚķǒĭƷźƚƓ Communication is received throughout the year from concerned residents in the Loch Lomond area regarding illegal dumping. The Watershed Clean-Up Day will be an opportunity to focus attention on the watershed and bring the issue of illegal dumping and the importance of protecting our watershed to the forefront. On previous Watershed Clean-Up Days 23.5 metric tonnes (52,000 lbs) of garbage and debris were removed from the Loch Lomond watershed. th On Wednesday, October 5, 2016, from 9 a.m. until 1 p.m., Saint John Water Staff along with NBCC students/Instructors will work together to clean up select areas in the Loch Lomond watershed. NBCC has two service days a year providing community service efforts around the Province. Saint John Water is very thankful NBCC Instructors and students would like to help the Utility protect and clean up the Loch Lomond Watershed. All volunteers are welcome to gather at the designated parking area on the attached map which is located at Church). This location will serve both as a home base for the event as well as the location for the barbeque and refreshments that will be provided at midday, compliments of Saint John Water. Volunteers are asked to register by calling 658-4455. Registration is necessary so that sufficient clean-up supplies, food and refreshments are available for the volunteers. Members of Council and the public are invited to support our efforts to protect our drinking water supply by joining us for this event. SERVICE AND FINANCIAL OUTCOMES N/A INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS N/A ATTACHMENT Map hW o e L /h…b/L\[ w9thw M&C No. M&C 2016-234 Report Date September 29, 2016 Meeting Date October 03, 2016 Service Area Growth and Community Development Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Central Peninsula Neighbourhood Plan OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Authors Commissioner/Dept. Head City Manager Growth Committee RECOMMENDATION BE IT RESOLVED ƷŷğƷ ƷŷĻ DƩƚǞƷŷ /ƚƒƒźƷƷĻĻ ƩĻĭƚƒƒĻƓķƭ Ʒƚ /ƚƒƒƚƓ /ƚǒƓĭźƌ ƷŷğƷ źƷ ƭǒƦƦƚƩƷƭ ƷŷĻ /ĻƓƷƩğƌ tĻƓźƓƭǒƌğ ƓĻźŭŷĬƚƩŷƚƚķ ƦƌğƓ ğƓķ ƷŷĻ ğƦƦƌźĭğƷźƚƓ Ʒƚ ƷŷĻ CĻķĻƩğƷźƚƓ ƚŅ /ğƓğķźğƓ aǒƓźĭźƦğƌźƷźĻƭ͵ EXECUTIVE SUMMARY On September 20, 2016, the Growth Committee endorsed moving forward with a funding application to the Federation of Canadian Municipalities Green Municipal Fund to support the launch of a new neighbourhood planning program as a tool to accelerate urban growth and advance tƌğƓ{W. PREVIOUS RESOLUTION N/A STRATEGIC ALIGNMENT The preparation of neighbourhood plans upholds the principle of smart growth - PlanSJ. Focusing strategic investments in more compact, livable and fiscally sustainable communities. - 2 - REPORT The Growth Committee has been active since its formation in August of 2016, over the course of the next six months. th As part of its information gathering phase, on September 20 2016 the Growth Committee received a presentation from staff on the pursuit of an opportunity for external funding through the Federation of Canadian Municipalities (FCM) to launch a new neighbourhood planning program. The application would enable the City to pursue a phased approach to neighbourhood planning, strategically focusing-in one area at a time to create positive momentum towards core neighbourhoods. Staff presented a recommended sequencing of neighbourhood plans starting first with the Central Peninsula, which generates neighbourhoods and is the economic and cultural hub for the region. The Committee recognized the opportunity for this program to strategically focus on the transformation of its urban core neighbourhooods and is recommending that Common Council endorse moving forward with a funding application to the Federation of Canadian Municipalities Green Fund to support the launch of this program for the Central Peninsula in 2017. Service implications related to economic, social or environmental impacts in the community. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS N/A ATTACHMENTS Report from the City Manager: Neighbourhood Planning COUNCILREPORT SUBJECT:Neighbourhood Planning OPEN OR CLOSED SESSION AUTHORIZATION Jeffrey CyrPhil Ouellette, Jacqueline Jeff Trail Hamilton RECOMMENDATION EXECUTIVE SUMMARY - 2 - PREVIOUS RESOLUTION STRATEGIC ALIGNMENT PlanSJ REPORT PlanSJ PlanSJ Neighbourhood Planning Overview - 3 - · · · · · · · · · · · · - 4 - · Sequencing of Neighbourhoods Neighbourhood Planning Boundary Map in Appendix A ·The Central Peninsula ·The North end ·The Lower West Side Appendix B Evaluative CriteriaIndicators Growth Potential The Need to Stem Decline Strategically Impacts the Whole City Existing Community Organizations & Capacity - 5 - The Central Peninsula The North End The Lower West Side Central Peninsula Neighborhood Planning PlanSJ - 6 - Project Schedule, Funding and Resourcing Considerations Central Peninsula Neighbourhood Plan Timline SERVICE AND FINANCIAL OUTCOMES - 7 - INPUT FROM OTHER SERVICE AREASAND STAKEHOLDERS ATTACHMENTS Appendix : Neighbourhood Planning Boundary Map Central Peninsula y e l l a V t /n e d c n s Street West E e h r t rC o N d l Lower West / Main O Appendix : Neighbourhood Sequencing Scorecard 2 1.22.8 123 1.5 1.752.75 Average Rank Average RankAverage Rank 252014 00 20 (M2) $528$180$170 Events Demolition Permits Regional Festival and Value of Developed Land 288168109 Unit) 2120 141 (M2)Arts) 137,493379,699164,133 Substandard Housing (Assess Under $35,000 per Restaurants, Retail & Vacant Land Available Leisure Businesses (Bars, - 403336 Vacant Buildings 3,068 20,087 1,357 2015) 678 11 $32,000,000$10,000,000 1,468 $115,000,000 9,901 854 2,2861,8 (2006) Employment Range Permit Values (2005 Population Low Income 258185 1,911 Tax Base Businesses Low Income $849,446,300$206,686,800$190,129,100 South End: 37.5% Old North End: 46.8% Crescent Valley: 61.6% Waterloo Village: 56.1% Lower West Side: 31.5% Neighbourhoods (2006) column in the tables below is used to summarize the rankings of the three neighbourhoods for each indicator, with a ranking of 1 being the highest outcome table is the consolidation of the three neighbourhoods average rank for each of the four criteria. West Side average rank Strategically Impacts the Whole City Total Score The and 3 being the lowest outcome. It is determined by the overall ranking for each indicator, for example, under Growth Potential, the Central Peninsula scores the top ranking for tax base, permit values and value of developed land and the number three ranking for Vacant Land Available, resulting in an average rank of 1.5 (1+1+1+3/4=1.5). The final 1. Growth Potential Central PeninsulaNorth EndLower West Side 2. The Need to Stem Decline Central PeninsulaNorth EndLower West Side 3. Central PeninsulaNorth EndLower 1.21.92.9 Total Score 123 Rank 123 Community Capacity Nick Nicole Teen Resource - - 123 Social Enterprise Hub Impacts the Whole City - PULSE - Crescent Valley Tenants Association - 2 Community Centre 1.22.8 Community Organizations Carleton Community Centre Waterloo Village Neighbourhood Association - Need to Stem Decline Enterprise Saint John - Centre Housing Alternatives - 1.5 1.752.75 Growth Potential ONE Change Uptown Saint John 4. Existing Community Organizations and Capacity Central PeninsulaNorth EndLower West SideTotal Score (By Average Rank) Central PeninsulaNorth EndLower West Side 3 3 2.8 2.9 2.75 2 2 2 1.9 1.75 Rank) 1 1 1.2 1.2 1.5 Average (by City Decline Whole Capacity Scorecard Score the Stem Potential to The ImpactsCommunityAverage Growth Need /h…b/L\[ w9thw M&C No. 2016-236 Report Date September 30, 2016 Meeting Date October 03, 2016 Service Area Growth and Community Development Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Proposed Public Hearing Date 15 Fulton Lane OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Mark Reade Jacqueline Hamilton Jeff Trail RECOMMENDATION That Common Council schedule the public hearing for the Section 39 amendment application of KQR Holdings Ltd. (15 Fulton Lane) for Monday, October 31, 2016 at 6:30 p.m. in the Council Chamber, 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 39 amendment applications received and to recommend an appropriate public hearing date. The next available public hearing date is Monday, October 31, 2016. 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 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. - 2 - STRATEGIC ALIGNMENT facilitate investment and development in Saint John while maintaining City standards that align with Plan rezoning and Section 39 amendments is a requirement of the Community Planning Act. REPORT indicates the rezoning and Section 39 amendment applications received and recommends an appropriate public hearing date. Details of the applications are 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 KQR Holdings 15 Fulton Lane Commercial Section 39 To rescind the Ltd. Corridor (CC)Amendment existing Section 39 conditions relating to the use of the property 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 None. Meeting Date October 03, 2016 Deputy Mayor McAlary and Councillors, Subject: Employment Contract Strategic Advisor The Committee of the Whole recommends that Common Council adopt the following resolution: RESOLVED that as recommended by the Committee of the Whole, having met on October 3, 2016, that the Mayor and Common Clerk be authorized to execute a contract of employment with Ms. Jacqueline Isada, the rd text of which contract was presented to Committee of the Whole at its meeting of October 3, 2016. Sincerely, Don Darling Mayor Meeting Date October 03, 2016 Deputy Mayor McAlary and Councillors, Subject: Discover Saint John Funding Agreement The Committee of the Whole recommends that Common Council adopt the following resolution: RESOLVED that as recommended by the Committee of the Whole, having met on October 3, 2016, that staff be directed through the City Manager to allocate funding to Saint John Destination Marketing Inc., aka Discover Saint John (DSJ), as per the terms of a contract executed May 27, 2015. Sincerely, Don Darling Mayor /h…b/L\[ w9thw M&C No. M & C #2016-235 Report Date September 30, 2016 Meeting Date October 03, 2016 Service Area Finance and Administrative Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Easement Grant for Saint John Airport Storm Water Drainage - Portion of Pid # 00354696 OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner City Manager Curtis Langille Kevin Fudge Jeff Trail RECOMMENDATION 1. That the City of Saint John grant to Her Majesty The Queen (Canada) Minister of Transport, an easement for stormwater drainage as attached to M & C #2016-235; 2. That the City of Saint John enter into an agreement with Saint John Airport Inc. as attached to M & C #2016-235; and 3. That the Mayor and Common Clerk be authorized to execute all required documentation. EXECUTIVE SUMMARY Saint John Airport Inc. (Airport) is undertaking a sewer separation project at the airport. They have asked the City to allow the stormwater to flow into a wetland located on City land. The outfall will & water intakes at Robertson Lake. The work wil be done to Provincial Reguleasement will be granted to Her Majesty The Queen Canada (Minister of Transport), as they are the fee simple owners of the airport lands, the Airport being the tenant of Transport Canada will carry out the work of constructing the drainage system. PREVIOUS RESOLUTION N/A - 2 - STRATEGIC ALIGNMENT This proposed transaction aligns with the following Council priorities: Sustainable Infrastructure and Community of Choice REPORT The Cityproperty abuts the airport lands. The Airport is planning a drainage upgrade on their property in order to improve surface water collection. They will make application for the necessary wetland alteration permit through NB Department of Environment and Local Government. As proposed, the new drainage pipe crosses the airport property line and terminates within City owned lands. The appropriate instruments in this instance are a grant of easement by the City to Her Majesty The Queen and an agreement with the Saint John Airport articulating the work to be carried out by them. SERVICE AND FINANCIAL OUTCOMES 1) Onus of construction, ownership, maintenance and future replacement(s), including costs of same will reside with Her Majesty The Queen (Minister of Transport) and The Saint John Airport. 2) Transaction costs (survey, registration & filing fees) will reside with the proponents. 3) Financial benefits to the City are not large ($1,500.00 + HST if applicable), however, other than Staff time there is insignificant risk or cost to the City in the implementation of this request from the Airport INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Office, Saint John Water, Growth and Community Services, and Finance and Administrative Services. ATTACHMENTS Form 14 Easement Agreement and plans