Loading...
2023-02-27_Agenda Packet--Dossier de l'ordre du jour�B City of Saint John Common Council Meeting AGENDA Monday, February 27, 2023 5:00 pm 2nd Floor Common Council Chamber, City Hall An Electronic means of communication will be used at this meeting. The public may attend the meeting in person in the Council Chamber or view the meeting on the City's Website (wwwsaintjohn.ca) or on Rogers TV. Pages 1. Call to Order 1.1 Land Acknowledgement 1.2 National Anthem 2. Approval of Agenda 3. Disclosures of Conflict of Interest 4. Consent Agenda 4.1 2023 Field, Arena Floor and Tennis Court Rates (Recommendation in Report) 2 - 19 4.2 Low Carbon Economy Fund (LCEF) Third Amending Agreement Municipal 20 - 30 Buildings Energy Retrofit Project (Recommendation in Report) 4.3 Low Carbon Economy Fund (LCEF) Third Amending Agreement - District 31 - 42 Energy System (DES) Project (Recommendation in Report) 5. Members Comments 6. Consideration of Issues Separated from Consent Agenda 7. Committee of the Whole 7.1 Catalytic Multipurpose Recreational Facility - Professional Fees 43 - 43 8. Adjoumment City of Saint John Common Council Meeting Monday, February 27, 2023 Committee of the Whole 1. Call to Order Si vous avez besoin des services en frangais pour une reunion de Conseil communal, veuillez contacter le bureau du greffier communal au 658-2862. Each of the following items, either in whole or in part, is able to be discussed in private pursuant to the provisions of subsection 68(1) of the Local Governance Act and Council / Committee will make a decision(s) in that respect in Open Session: 4:00 p.m., 2nd Floor Boardroom, City Hall 1.1 Financial Matter 68(1)(c,d) 1.2 Financial Matter 68(1)(c,d) COMMON COUNCIL REPORT M&C No. 2023-46 Report Date February 22, 2023 Meeting Date February 27, 2023 Service Area Growth and Community Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT. 2023 Field, Arena Floor and Tennis Court Rates AUTHORIZATION Primary Author Commissioner/Dept. Head Chief Administrative Officer Cara Coes Jacqueline Hamilton J. Brent McGovern RECOMMENDATION Your Chief Administrative Officer recommends Common Council: 1. Approve a 3% rate increase for the 2023 Field, Arena Floor and Tennis Court rates as listed in table 1 of M&C Report 2023-46. This option will allow time for a complete review of the Recreation Subsidization Policy. 2. Approve the updated Outdoor Facility Allocation Policy, as attached to M&C Report 2019-332 (Attachment 'A'). EXECUTIVE SUMMARY On February 6t", 2023 Council directed that staff reconsider the recommendations to freeze rates for the 2023 Field, Arena Floor and Tennis Floor rates. Council requested that staff consider revised rates which incorporate a modest increase to reflect the increasing costs of delivering sport and recreation services. Staff are recommending Common Council raise the Field, Arena floor and Tennis courts by 3% for the 2023 season. Staff intend to investigate and develop a new governing policy for the calculation sport facility rates for the 2024 season. Sport and Recreation programming is an important priority for the City of Saint John, which contributes to the City's quality -of -life offerings and broader value - proposition. Common Council approved the Recreation Subsidization Policy (Attachment 'B') on December 16, 2019. An incremental approach for the implementation of the policy was then endorsed with full implementation scheduled for the 2022 season. Upon calculation of the proposed rates for 2022, staff identified that the youth rates were out of scope and recommended freezing for 2022, with next steps being to hire a consultant in 2023 to review. K -2- Updates to the Outdoor Facility Allocation Policy are being recommended, as highlighted in the attachment to this report (Attachment 'A'). The proposed updates are primarily related to dates, contact information, and increased administrative fees which reflect the cost in materials. PREVIOUS RESOLUTION December 16, 2019: RESOLVED that as recommended by the City Manager in the submitted report M&C 2019-332: Recreation Subsidization Policies - Sustainability Item, Common Council endorse the Recreation Subsidization Policies as described in M&C 2019-332. March 71h, 2022-: RESOLVED that the matter be referred to the City Manager to reconsider the youth rates on ballfields. March 21, 2022-: RESOLVED that Common Council freeze the rates as they currently are based on staff's recommendation for 2022 and that crucial investments be made in recreation and our parks to provide the best possible service to residents and develop a new governing policy in 2023 that embodies these values March 21, 2022-: RESOLVED that as recommended by the City Manager in the submitted report M&C 2022-074: Referral Response - 2022 Field, Arena Floor and Tennis Rates, Common Council: 1. Approve the updated Outdoor Facility Allocation Policy, as attached to M&C Report 2022-074 (Attachment'H'); and 2. Direct the City Manager to develop recommendations for Finance Committee's consideration for the 2023 implementation for the Recreation Subsidization Policies, including, among others, the opportunity for additional P.R.O. Kids investment, additional affordability and competitiveness adjustments in the calculation of field rates, and further differentiation of field types in the assessment of rates. February 61h, 2023-: RESOLVED that the submitted report entitled M&C 2023- 028: Field, Arena Floor and Tennis Court Rates, be referred to staff to reconsider an increase in rates REPORT Each year recreation facility rates are brought to Council for approval. Prior to December 2019, the hourly recreation facility rates were set by implementing a basic 2%-3% increase. There was not a structured formula to advise on rates. When comparing arena rates to field rates the cost recovery, per hour, based on total operating costs was not consistent between user group categories (Youth, Kj -3- Senior, and Adult) or recreation facilities. To bring standardization and sustainability to recreation facility rates the Recreation Subsidization Policy was introduced in December of 2019. Common Council approved the Recreation Subsidization Policies on December 16, 2019, which brought a new vision for cost recovery in the usage of City - owned recreational facilities. The policies highlight the goal of achieving a new balance between individual user fees and taxpayer investment in the delivery of recreational services, while also reflecting appropriate cost -recovery percentages for various user categories. For example, Play SJ recommends that youth recreational participation should be prioritized; therefore, the Policies indicate only 60% of costs should be recovered for that category of users. While the immediate implications of the Policies result in an increase in fees for user groups, the longer -term objective is to offer reliable, consistent, and high - quality recreational facilities to citizens and user groups. The main principles of the policy are to: • Subsidize all City taxpayers to a degree because each already pay taxes toward the use of Parks & Recreation facilities, • Ensure consistency in cost recovery between the various facilities, • Employ a commonly used practice of having differential cost recovery targets relative to adults, youth, and seniors, given relative community benefits received, and • Consider taxpayer affordability, particularly in relation to contributing to Sustainability for the years 2021 and 2022. • The modified cost recovery value for ball fields and floor use of arenas shall be 50% of full cost recovery. • City of Saint John Adults are to be subsidized at 10%, Seniors at 30% and Youth 40%. Currently, rates are calculated by taking the overall operational cost, incorporating usage data, and setting the hourly rates using the stated cost recovery percentages within the policy. Arenas and tennis court facility rates are calculated using the total operation cost and field and arena floor rates are calculated by using 50% of the total operation costs. The implementation of the policy was incremental and planned to reach full implementation in 2022. While the arena rates at full implementation are comparable with other local facilities, the youth rates for fields are out of scope for the environment. Due to the categorisation of fields, (A level and B Level), and the consideration that youth sport use predominantly B level fields, which are scaled to be at lower cost, the hourly rate that would need to be charged on the B Level fields for youth are not comparable in nature to other local facilities and are unrealistically high for not -for -profit groups to absorb. C! -4- A review of the Recreation Subsidization Policy is required to make an informed adjustment to the formula to determine how recreation facility rates are calculated. Funds have been allotted in the 2023 operation budget to hire a consulting firm to complete the review. Development of an updated sustainable Recreation Subsidization Policy should consider. • Operational Cost recovery targets • Affordability for user groups (youth, adult, senior and for profit) • Focus on Youth affordability for facility usage • Best practices in local environment • Recommendations on budget allocation to sport facility maintenance • Recommendations on budget allocation to off set user fees Outdoor Facility Allocation Policy Updates The recommended updates to the Outdoor Facility Allocation Policy are highlighted in an attachment to this report. The proposed changes are primarily related to the annual updating of dates, as well as changes to contact information based on the City's organizational restructuring. Also updated is the administrative fee in relation to baseball field mounds and storage. When requested of a user a mound can be constructed on field. These requests may happen twice yearly. There is a considerable amount of material required. Based on the increase in material cost, the mound fee is proposed to go from $500 to $1000. This fee will only cover the material cost, the user is not being charged for the labor. For reference to build a mound it requires two staff for a half day and then two staff, for 2 hours to remove the mound. Recommended is also a slight incase to the field clean up fees. STRATEGIC ALIGNMENT This report aligns with Council's Priorities of BELONG by enhancing the quality of life and social well-being by offering recreation, arts, and cultural opportunities to align with PlaySJ and PERFORM by establishing a sustainability Recreation Subsidization Policy. SERVICEAND FINANCIAL OUTCOMES When determining the method to increase rates and considering the Recreation Subsidization Policy is not an accurate option for 2023, staff recommend considering the operational increases for sport fields for the 2023 season. Raising rates by 3% will offset some of the operational increases attributed to these sport facilities. Proposed rates are listed in table 1 of the report. With the proposed rate increase, $7000.00 in additional revenue is projected for 2023. During the 2023 budgeting process for $200,000.00 was first estimated. 61 -5- Table 1: Proposed Field, Arena Floor and Tennis Court rental rates. Facility Type Category 2023 Rate (plus tax) Increase from 2022 Field Class A Adult $57.68 $1.68 Field Class A Youth $24.72 $0.72 Field Class B Adult $39.14 $1.14 Field Class B Youth $9.27 $.027 Field Shamrock Artificial - Adult $99.91 $2.91 Field Shamrock Artificial- Youth $60.77 $1.77 Arena Floor Adult $62.83 $.1.83 Arena Floor Youth $41.89 $1.22 Shamrock Tennis Courts 1-5- Adult $15.28 $0.44 Shamrock Tennis Courts 1-5 - Youth $10.19 $0.29 Shamrock Tennis Courts 6-8- Adult $9.17 $0.26 Shamrock Tennis Courts 6-8- Youth $6.11 $0.17 INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Staff from Parks & Recreation Facilities and Finance have reviewed this report. ATTACHMENTS Attachment 'A' - 2023 Outdoor Facility Allocation Policy Attachment'B' - Recreation Subsidization Policies C.1 Play � Recce 1. FIELD OPENINGS OUTDOOR FACILITY ALLOCATION POLICY (Including arena floor rentals) • Baseball/softball diamonds and sports fields open on the Friday before the Victoria Day long weekend in May (May 19, 2023), weather permitting. • Emera Artificial Turf Field opens April 1, 2023, (potential for earlier dependent on the weather). 2. FIELD CLOSINGS • Baseball/softball diamonds close on September 5, 2023. • Memorial 1 and 2, Harry Stephenson, and Charlie O'Brien will remain open until the second weekend in October to accommodate high school and fall adult league play. • Multi -use sports fields will close on the second weekend in November. • Emera artificial turf field at Shamrock Park will close the second weekend in November. Staff will close the field earlier/cancel bookings in the event of a large snowfall prior to the set closure date. The field may be opened upon request, weather permitting. 3. CURFEW • All fields with lighting must end play by 12:00 midnight, as lights cannot be left on any later than this time per City bylaw. It is the responsibility of user groups to manage field time adequately to be done play prior to the lights turning off. 4. OFF-SEASON ARENA OPENINGS/CLOSINGS • Arenas will be open for arena floor bookings beginning Monday, April 17, 2023. • Arenas floors are closed for the season on September 20, 2023, unless stated otherwise. 5. COURT OPENINGS/CLOSINGS • Opening of courts is weather dependent and will be at the discretion of Parks and Recreation staff, (April or May). Ire • Closing of the tennis courts is weather dependent and will be at the discretion of Parks and Recreation staff, (mid- to late -October). 6. PRIORITY SCHEDULING PROCESS The City of Saint John will allocate outdoor facilities (and arena floors) according to the following priorities: 1. City of Saint John Programs and Special Events. • Priority may be given to City of Saint John sponsored Special Events (Provincial & National Sporting events), dependent on the scope. 2. Youth Associations, Organizations, and Groups. • Non-competitive and Competitive Youth Groups will be non-profit and based in the City of Saint John. • Will be established providers of quality sport and recreation programs for youth. • Membership in the group will be made up predominantly of City of Saint John residents. • Youth Associations, Organizations, and Groups must also: ■ Be guided by a constitution and bylaws ■ Have an auditable financial statement ■ Be affiliated with a Sport Governing Body ■ Have an elected board of directors • Non-competitive and Competitive Youth Associations, Organizations, and Groups may be required to produce evidence that the above conditions are met. 3. New Brunswick Department of Education and School Districts. • Publicly funded schools recognized by the Province of New Brunswick as an educational institution, located in the City of Saint John. • Membership in the group will be made up predominantly of City of Saint John residents. • When schools are booking Department of Education owned fields, they will receive first priority until 5pm for practices and full priority for games, providing that booking deadlines are met. 4. Adult Associations, Organizations, and Groups. • Purpose of the Association, Organization, or Group is to involve individuals in recreation and sport. • Membership in the group will be made up predominantly of City of Saint John residents. 5. Commercial and Occasional Users. • For -profit organizations or individuals that use ice time with the intent of generating positive net income. 7. Gender Equity Equitable access to recreation facilities is fundamental to the wellbeing of all citizens. The City of Saint John is committed to achieving access and equity in allocation of public recreational spaces. Scheduling to offer reasonable and fair opportunity to use facilities in a proportionate and equitable manner will be achieved by taking into consideration the following: • Equitable distribution of Prime versus less desirable time slots while following identified client priority. • Addressing existing inequities with respect to those who identify as women or girls. • Special consideration will be given to reduce significant barriers to increase inclusion for all genders, but specifically focusing on those who identify as women or girls (start times, facility environment, facility location, program needs, and facility amenities). 8. RESIDENCY REQUIREMENTS The City of Saint John recognizes the tax -based contributions provided by its residents toward the development and operation of recreational facilities. The City of Saint John also recognizes that residents will always receive priority over non-residents; therefore, it shall be the guideline of the City of Saint John to require applicant groups to demonstrate that a minimum of 75% of their total membership are residents of Saint John in order to be placed in the allocation priorities. Those groups who do not meet the 75% requirement will be placed in order of residency rate in the allocation process in their respective sections. Groups that are not based within the City of Saint John and have zero Saint John residents will be booked last overall. The City of Saint John reserves the right to impose residency requirements or limitations on field applicants where field capacity is restricted (i.e., where demand outweighs supply). 9. RESIDENCY INFORMATION The City of Saint John reserves the right to request that applicant groups submit to Parks and Recreation their membership lists from the current year including participants' telephone numbers and addresses, for review. If membership lists are not provided within the specified timeframe, it will be assumed that 100% of the members from the applicant group are non-residents. All information submitted will not be shared and is for verification of residency only. 10. DEADLINES FOR FIELD REQUESTS AND CONFIRMATION Applications Deadline Contracts out Contracts Signed & Returned Spring 3rd Friday in February Last Friday in February 2nd Friday in March Summer 2nd Friday in March Last Friday in March 2ndFriday in April Fall 1st Friday in June 3rd Friday in June Last Friday in June 11. TOURNAMENTS/SPECIAL EVENTS Any groups wishing to use City fields for a tournament should contact 658-4455 or email recandparks(cDsaintiohn.ca to make the necessary arrangements: a) Fundraising organizations will receive a 100% discount off the tournament rate with proof of being a Registered Charity. b) Groups fundraising for a Registered Charity (donating all proceeds of the tournament) will receive a 50% discount once the City of Saint John has been provided a receipt from the Registered Charity confirming the donation. Pictures of cheque donations are not accepted. c) Tournament Pricing- regular hourly rates apply. Tournaments that can demonstrate 20% of the participants are from outside of the Greater Saint John area will receive the discounted pricing listed above. Groups may utilize option a, b, or c. Options may not be combined. d) In order to schedule a tournament, a $200 deposit will be required to hold the date; the balance is due 7 days after the booking has been confirmed. Cancellation by the user without 45 days' notice will result in loss of the deposit; for cancellation without 30 days' notice, the user will be required to pay 50% of the billed amount less the deposit. e) Tournaments must be paid in full prior to booking. f) Rentals are not confirmed until all applicable fees are paid in advance of usage, an invoice is signed, and appropriate insurance documents have been provided (or insurance has been purchased through the City carrier). g) Any groups planning on serving food (example: BBQ or Food Truck) where canteen operators are already in place need to gain approval from the Parks and Recreation Department. Canteen operators have the catering contract for that sporting facility and must be contacted prior to the tournament for approval or cooperative vending. Groups disregarding this policy will be charged a non-compliance fee. h) When booking field time, please take into account the time required for set up and take down. i) Bases are not provided at the fields. j) Included in the rental is the first lining of the field. Any additional lining will need to be requested and additional fees applied. 12. BOOKING A FIELD All initial seasonal field bookings and tournament requests must be submitted by completing an APPLCATION FOR SPORTSFIELDS FIELDS, ARENA FLOOR, TENNIS COURTS or TOURNAMENT/EVENT REQUEST form. These forms can be found following this online path (www.Playsj.ca) Helpful hints> Parks and Recreation> Sports fields and courts> Related documents). Applications for sports fields will ito] be sent out to all documented users at the beginning of each season, please email completed applications to recandparks@saintjohn.ca. Requests will not be taken via email. For rainout rebooking's, please call 658-4455 or email recandparks@saintiohn.ca with the following information: group name/contract number, field/date/time you had booked and what date you are looking to reschedule to. 13. PAYMENTS Facility permits must be signed, (acknowledging fee payment) and returned to the City of Saint John prior to use. Payments are due payable by the dates listed below. Failure to pay your bill will result in your future field time being cancelled. This policy will be strictly followed. Late payment fees will apply. Previous years contracts must be paid in full before new field bookings are allocated. *Tournaments must be paid in full prior to booking. Season 50% Payment Due Remaining Balance Spring Last Friday in April 1 week after last scheduled booking for the season Summer Last Friday in June Fall First Friday in October 14. CANCELLING USE OF FIELDS IN INCLEMENT WEATHER Parks and Recreation reserves the right to cancel scheduled usage of City fields due to inclement weather. Sports fields in the City of Saint John will be considered UNPLAYABLE if any of the following conditions exist: 1. Visual ponding of water on the surface of the field/diamond. Water sponging up around your feet when walking on the field/diamond. The time of year and the cumulative amount of stress on the field/diamond. Staff understands how important it is for groups to play their scheduled games; therefore, staff will make every effort possible to prepare fields for scheduled play by the 3:00 pm (City fields) deadline. Parks and Recreation has a recorded message regarding City field closures, which you should call if the weather is inclement: 652-PLAY (7529). If weather conditions deteriorate after the 3:00pm deadlines and your group is at a field where the above criteria exist, you are asked NOT to play the field. Please notify the City of Saint John in the event you do not use the field due to weather, so your invoice can be adjusted accordingly. This needs to be done in a timely matter. Cancellation due to weather will not be accepted at the end of the season. 11 Please note: No two fields drain the same way and some fields are prone to holding standing water more than others. In this case, these fields may remain closed while others maybe cleared for play. Also note that our fields will generally drain less water in early spring and fall when the water table tends to be higher than the summer months; therefore, field closures may be more frequent at these times. Experience has shown that most turf damage occurs when fields are overused or when fields are used during unplayable conditions. Please help keep our fields safe and playable. Other Factors to be Considered There are some situations when staff will consider factors other than the existing standing water on a field, water sponging around their feet, or the time of year when judging a field's playability. These factors include the following considerations: • Championship game of a tournament or playoff season • The game involves a team from out-of-town that has left for Saint John or has already arrived • A high profile event (Provincials, Eastern Canadians, Nationals) It would be appreciated if you would contact 658-4455 if you will not be using your field or your season has come to a close. This information is communicated to City maintenance staff. 15. USER CANCELLATION PROCEDURE Users are expected to give adequate notice of cancellation to allow staff the opportunity to resell field time. Failure to do so will result in the user group being charged full price. Cancellations for past field time will not be accepted. Elimination series will be exempt from cancelation deadlines. Season Cancelation due date Spring 5 business days' notice Summer 5 business days' notice until Third Friday in June after that date, no cancelations are accepted Fall 5 business days' notice Emera Artificial Field Spring-5 business days' notice Summer- 5 business days' notice until Third Friday in May, after that date, no cancelations are accepted Fall- 5 business days' notice until the third Friday in September, no cancelations are accepted 12 16. INDEMNIFICATION AND INSURANCE REQUIREMENTS The user must, at all times, keep in force and in effect a Comprehensive General Liability insurance policy. A copy of the insurance certificate must be presented to the City of Saint John before the scheduled field time, with the following requirements being met: a) Minimum limits of two million ($2,000,000) b) The City of Saint John added as "Additional Insured" C. A cross liability clause D. For organizations/group dealing with youth 18 years and under, Limit and Conditional Coverage for physical and sexual abuse is required. E. The insurers will give thirty (30) days' notice of cancellation of this policy to the City of Saint John. If any group does not have the required insurance coverage, it can be purchased through the City of Saint John's insurance carrier for a nominal rate. Conditional coverage for physical and sexual abuse for youth 18 and under cannot be purchased through the City of Saint John's insurance carrier and must be arranged by each user group. 17. GROUP REPRESENTATION In order for the City of Saint John to effectively serve their customers, all groups are asked to elect no more than two representatives to serve as liaison between the City of Saint John and their group. All communications between the group and the City should, at all times, be channelled through each group's representatives. 18. CONCESSIONS The City of Saint John establishes agreements with specific providers to operate the concession stands at the Memorial Field, Forest Hills, and Shamrock Park; therefore, no other concessions are allowed to be set up on City property without proper consent from the concession operator and the City of Saint John. 19. ADDITIONAL FEE/INFORMATION • Please make it a habit to bring your contract to the field with you to avoid any confusion regarding field bookings. • Respect and adhere to scheduled time limits. • After field use, it is required that all trash be picked up and placed in the proper receptacles. Special attention should be focused on the team area. Please return all equipment from where it was found; do not drag goals or equipment. Please report any field issues or concerns to the City of Saint John at 658-4455 or email recandparks@saintjohn.ca. • The City does not provide bases at any fields. 13 • If any league or team representative has a special request for field maintenance services, please call 658-4455. • Field opening and closing dates may change on a per field basis depending on maintenance and resting needs. • Please draw league schedules and playoffs to fit within the dates indicated. • Effort will be made to schedule the artificial turf field (Emera Field) as to provide as many user groups as possible with access to the field. Groups may be asked to change field requests to accommodate this process. • Emera Artificial Turf Field - to protect the field surface and avoid conflict between users, we ask all groups, officials, and spectators to be aware of the following forbidden items, and conditions of field use. Coaches are responsible for the conduct of their team. A. Prohibited on Field: ■ Glass ■ Fireworks ■ Pets ■ Seeds ■ Sharp objects (do not make turf punctures with stakes, pins, metal cleats) ■ Flavoured drinks (colourless water ONLY) ■ Unauthorized vehicles ■ Bare feet ■ All spectators must remain outside of the fences in area. B. Cleats/Footwear: Molded plastic cleats not exceeding 2 inches, turf shoes, or running shoes are permitted. All players must clean their cleats from dirt before walking on the field. Metal cleats and screw in plastic cleats are forbidden. Home teams must notify away teams of these rules. All players must be off outdoor fields surfaces when lining to avoid injury to staff 20. Sport Facility Code of Conduct In an effort to ensure all activities in City of Saint John sports facilities are desirable and fulfilling experiences for all involved, the City of Saint John has an 'Sport Facility Code of Conduct' policy. The City of SaintJohn also supports the individual 'Code of Conduct' policies of organizations and associations who use City of Saint John facilities. The City of Saint John is committed to providing an environment in which all individuals are treated with courtesy and respect. As such, all sport facility users shall conduct themselves in a manner consistent with good sportsmanship and behaviour that is appropriate, fair, and mutually respectful. Harassment and discrimination are never acceptable and will not be tolerated. 14 If at any time a sport facility user feels harassed, they should report this concern to a game official, City staff, league official, or school official. Please note the following: 1. Any person whose conduct is not conducive to maintaining a positive environment during the event will be given a verbal warning to improve their behaviour or may be asked to leave, dependent upon the severity of their behaviour. This action can be taken by a game official, City staff, league official, or school official. City staff need to be informed whenever a verbal warning has been issued. Physical abuse violations will result in an immediate dismissal, with follow-up investigation. 2. If the person continues to be disruptive, it is at the discretion of the game official, City staff, league official, or school official to ask the individual to leave the building/field, or to directly contact the Saint John Police Force to escort the person from the facility (any citizen has the right to call Police if they feel threatened, at any time). 3. Any person or group found to be in violation of the terms of the Outdoor Facility Allocation Policy will be subject to the listed penalties in the Arena Code of Conduct Policy. * If multiple league/team participants are receiving warnings regarding their behaviour, they will be treated as one and the league/team designate will be contacted. If the behaviours do not improve, rental time may be reduced/taken away. This will be at the discretion of Growth and Community Services staff, upon investigation. Examples of unacceptable behaviour include the consumption of alcohol/drugs, smoking/vaping, and verbal/physical abuse. 21. ADDITIONAL OUTDOOR FACILITY FEES Charge Fee (Taxes not included) NSF $25 Late Payment Fee $50 - Team *additional $25 per week payment is late $200 - League *additional $25 per week payment is late Reinstatement Fee $200 Previous account has gone unpaid and sent to collections. *User must follow the delinquent account payment terms. If adhered to terms, the reinstatement fee will be returned. Delinquent Account • 25% of invoice is due prior to first booking, (applied to accounts that were delinquent the year • 25% due within first quarter of season, previous) . 25% due halfway through season, and • 25% (remainder) due three quarters of the way through season. 9 15 Non -Compliance $50 per week, to a maximum of $200 if they (request for residency information) never submit, plus will not be eligible for priority bookings the following year. Field Tournament Deposit $200 Non -Booking Fee Cost of field rental + $50 (groups using field without booking) Field Clean Up $75 first time offense $125 any recurring offenses Field Double Bookings Offender shall pay the cost of the other team's booking, plus $50. Void Key Deposit Return $100 Repeat infractions may result in loss of key privileges. Ballfield/Softball Lining $75 (5 business days' notice is required. Late requests may be subject to additional fees. Lining services are available during regular working hours.) Multipurpose Field Lining $250.00 (5 business days' notice is required. Late requests may be (Soccer/Lacrosse/Field Hockey/Rugby) subject to additional fees. Lining services are available during regular working hours.) $400.00 (Football) Temporary Mound Fee 6-inch mound $1000 8-inch mound $1200 12-inch mound $1400 Signage Installation TBD Storage Pod Rental Fee $80 (Per month) 10 16 ATTACHMENT `B' Recreation Subsidization Policies Details Attachment `A" As outlined in W&C 2019-332: Recreation Subsidization Policies - Sustainability Item', December 16, 2019: WHEREAS over -arching principles in development of policy is important, the following are recommended for Parks & Recreation service subsidization, • Subsidize all City taxpayers to a degree because each already pay taxes toward the use of Parks & Recreation facilities, • Ensure consistency in cost recovery between the various facilities, • Employ a commonly used practice of having differential cost recovery targets relative to adults, youth, and seniors, given relative community benefits received, and • Consider taxpayer affordability, particularly in relation to contributing to Sustainability for the years 2021 and 2022. WHEREAS costs to operate and maintain some Parks & Recreation facilities are significantly high and where significant negative impact on demand would result with application of the full cost recovery value; • A modified cost recovery value may be calculated and used in the place of the full cost recovery value; WHEREAS a modified cost recovery value is justified for ball fields and floor use of arenas; • The modified cost recovery value for ball fields and floor use of arenas shall be 50% of full cost recovery, WHEREAS City taxpayer investment in Parks & Recreation Services as described in AppendixA of this report represents approximately 10% of the residential tax base in the City of Saint John; • Generally, an Adult City of Saint John resident shall be subsidized by 10% and pay 90% of the full or modified operating cost when a user fee is applied to a Parks & Recreation Service, WHEREAS Seniors have contributed to the quality of life we now enjoy, may benefit from social interaction opportunities, and may face financial burdens, justifying their greater level of subsidization; 17 ATTACHMENT `B' Recreation Subsidization Policies Details • Generally, a Senior (65 years or older) City of Saint John resident shall pay 70% of the full or modified operating cost when a user fee is applied to a Parks & Recreation Service, WHEREAS Youth are our future community leaders where access to recreation opportunities can assist in learning teamwork, confidence, and other important life skills, justifying their greater level of subsidization; • Generally, a Youth City of Saint John resident (18 years or younger) shall pay 60% of the full or modified operating cost when a user fee is applied to a Parks & Recreation Service, WHEREAS education improves employment opportunities, develops a skilled workforce contributing to the economy of the City of Saint John, and educational institutions add to the cultural fabric of our community; • Generally, teams of City of Saint John based schools in the Anglophone and Francophone School Districts, University of New Brunswick, and New Brunswick Community College, where generally more than 75% of participants of teams of said schools are Saint John residents, shall pay 60% of the full or modified operating cost when a user fee is applied to a Parks & Recreation Service, WHEREAS City of Saint John Parks & Recreation facilities can and do host tournaments that draw significant numbers of visitors to the City from significant distances who overnight in City hotels, motels, etc. and/or use City restaurants contributing to our economy; • Generally, tournaments held at City Parks & Recreation venues where more than 20% of the participants are from outside the Greater Saint John Region shall pay 60% of the full or modified operating cost when a user fee is applied to a Parks & Recreation Service, WHEREAS Non -Residents have the opportunity to receive subsidization from their fellow taxpayers toward Parks & Recreation Services they choose to enjoy within the Greater Saint John Region, including within the City of Saint John; • Generally, a Non -Resident shall pay 100% of the full or modified operating cost when a user fee is applied to a Parks & Recreation Service, WHEREAS for -profit businesses that may benefit financially by enjoying subsidized use of City Parks & Recreation facilities; iF:3 ATTACHMENT `B' Recreation Subsidization Policies Details • Generally, for -profit businesses renting space at City Parks & Recreation facilities shall pay 100% of the full or modified operating cost when a user fee is applied to a Parks & Recreation Service, WHEREAS it is recognized third parties may and do operate City of Saint John owned Parks & Recreation facilities where user fees are charged; • Third party operators of City of Saint John owned Parks & Recreation facilities are requested to align with policies described in M&C 2019-332, WHEREAS subsidization of a wider range of Parks & Recreation related activities and infrastructure important to the community that do not necessarily align within defined scope of specific City service areas is justified and needs to be transparent and limited within defined resource levels; • The City's Community Grants Program and Land for Public Purposes Fund shall be the primary sources to provide financial and in -kind support for community recreation initiatives, events, and infrastructure improvements, WHEREAS to reallocate subsidization of some activities that have in the past been subsidized by City service areas that more appropriately align within scope of the Community Grants Program, where there is community benefit in continuing to support these activities; • A $40,000 increase to the Community Grants Program budget shall be considered for the 2020 General Fund Operating Budget by Common Council for the purposes described in M&C 2019-332. i1106] COMMON COUNCIL REPORT M&C No. 2023-44 Report Date February 22, 2023 Meeting Date February 27, 2023 Service Area Utilities and Infrastructure Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT. Low Carbon Economy Fund (LCEF) Third Amending Agreement - Municipal Buildings Energy Retrofit Project AUTHORIZATION Primary Author Commissioner/Dept. Head Chief Administrative Officer Samir Yammine Ian Fogan J. Brent McGovern RECOMMENDATION It is recommended that Common Council approve the Third Amending Agreement under the Low Carbon Economy Fund for the Municipal Buildings Energy Retrofit Project in the form and upon the terms and conditions as attached; and that the Mayor and City Clerk be authorized to execute the said Amending Agreement. EXECUTIVE SUMMARY The purpose of this report is to seek Common Council's approval of the Third Amending Agreement. PREVIOUS RESOLUTION M&C 2019-312. It is recommended that the City enter into the Grant Agreement with Her Majesty the Queen in Right of Canada, as represented by the Minister of the Environment who is responsible for the Environment and Climate Change Canada under the Low Carbon Economy Fund for the Municipal Buildings Deep Energy Retrofit in the form and upon the terms and conditions as attached; and that the Mayor and Common Clerk be authorized to execute the said Agreement. M&C 2021-090. It is recommended that Common Council approve the Amending Agreement under the Low Carbon Economy Fund for the Municipal Buildings Energy Retrofit Project in the form and upon the terms and conditions as attached; and that the Mayor and Common Council be authorized to execute the said Amending Agreement. K91 -2- M&C 2021-130. It is recommended that Common Council approve the Second Amending Agreement under the Low Carbon Economy Fund for the Municipal Buildings Energy Retrofit Project in the form and upon the terms and conditions as attached; and that the Mayor and Common Council be authorized to execute the said Amending Agreement. REPORT The proposed Third Amending Agreement consists of changes to the Project's fiscal year breakdown and Inclusion of Eligible Incremental Employee Expenditures i.e., Schedule B.2, B.3 and B.4 of the funding agreement. The approval of the Third Amending Agreement will enable the reallocations of unclaimed funds and avoid the risk of funds lapsing for the Municipal Buildings Energy Retrofit Project. The reallocations of the funds are not transferred to the next fiscal year until the execution of the third Amending Agreement by both parties. This amendment does not affect the project scope. STRATEGIC ALIGNMENT The Municipal Energy Retrofit Project aligns with the following City plans, policies, Council Priorities, programs, and practices: 1- City of Saint John Corporate GHG and Energy Action plan to reduce GHG emissions by 30% by 2025 and achieve carbon neutral by 2040. 2- City of Saint John Asset Management Policy objectives to apply risk -based decision and life cycle costing principles to prioritize capital investment, identify alternative measures, facilitate the leveraging of infrastructure funding from external sources and improve the reliability of customer service. 3. City of Saint John Capital Investment Policy SERVICEAND FINANCIAL OUTCOMES The City of Saint John will continue receive a total grant up to $2,146,880 or 40% of the eligible cost toward the City Municipal Building Deep Energy Retrofit Project. The proposed funding will enable the City to improve the level of service, reduce GHG emissions, reduce energy and operating costs, reduce infrastructure deficit as well as renew the City Municipal Buildings Infrastructure. 21 -3- INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The City of Saint John Utilities and Infrastructure Services and General Counsel have reviewed the attached Amending Agreement and are satisfied with the recommendation as they pertain to their respective areas of services. ATTACHMENTS Low Carbon Economy Fund Third Amending Agreement- Municipal Buildings Energy Retrofit Project. WA PROTECTED B EXECUTION COPY THIRD AMENDING AGREEMENT TO THE CHALLENGE FUND FUNDING AGREEMENT REGARDING MUNICIPAL RETROFIT PROJECT ("THIRD AMENDING AGREEMENT") This Third Amending Agreement is made as of the date of last signature, BETWEEN: HIS MAJESTY THE KING IN RIGHT OF CANADA, as represented by the Minister of the Environment who is responsible for Environment and Climate Change Canada ("Canada" or the "Minister"), AND THE CITY OF SAINT JOHN, incorporated by Royal Charter as confirmed and amended from time to time by the Acts of the Legislative Assembly of New Brunswick ("Recipient"), Individually referred to as a "Party" and collectively referred to as the "Parties". WHEREAS the Parties concluded the Challenge Fund Funding Agreement Regarding Municipal Retrofit Project, effective December 5, 2019, (the "Original Agreement")- as amended by a First Amending Agreement, effective March 30, 2021, and as further amended by a Second Amending Agreement, effective May 13, 2021; AND WHEREAS the Parties desire to further amend the Original Agreement, in accordance with subsection 39 of the Original Agreement; NOW THEREFORE, the Parties agree to the following: 1. Capitalized terms used herein have the same meaning given to them in the Original Agreement. 2. Delete and replace the definition of "Eligible Expenditures" in Subsection 2.2 of the Original Agreement with the following: ""Eligible Expenditures" means those costs incurred and paid by the Recipient between the Effective Date and the Project Completion Date that are directly related to the Project and which are considered eligible by Canada, as set out in Schedule A.1 of the Agreement." 3. Amend Paragraph 4.4 a) of the Original Agreement by adding the following sentence at the end of Paragraph 4.4 a): "Notwithstanding Section 39, where Canada has approved the Recipient's reallocation request, Canada shall inform the Recipient of its approval in writing, which approval shall give effect to the amended Schedule B.3 of Schedule B." 4. Amend the last sentence of Paragraph 4.5 d) of the Original Agreement to read: "If Canada has approved a change and has determined that the change is minor in nature, Canada shall inform the Recipient of its decision in writing to give the change effect." 5. Delete Section 8 of the Original Agreement and insert the following Section 8 in its place: "8. IMPACT ASSESSMENT 8.1 The Recipient represents and warrants that the Project is not a "designated project" as defined in section 2 of the Impact Assessment Act (IAA) and is not a "project" as defined in section 81 of the IAA. 8.2 Canada's funding under this Agreement is conditional upon Canada being satisfied that Canada's obligations, if any, under the IAA and applicable agreements between Canada and Indigenous groups are met." Delete Section 9 of the Original Agreement and insert the following Section 9 in its place: "9. INDIGENOUS CONSULTATION Canada's funding under this Agreement is conditional upon Canada meeting any legal duty to consult, and if applicable any obligation to accommodate Indigenous groups, Canada 23 PROTECTED B EXECUTION COPY may itself have in relation to the Project." 7. Amend the first sentence of Paragraph 10.2 a) of the Original Agreement to read: "In each Fiscal Year, the Recipient shall submit to Canada quarterly requests for payment, unless otherwise agreed to by Canada, covering the Recipient's Eligible Expenditures in a format provided by and acceptable to Canada." 8. Delete Section 37 of the Original Agreement and insert the following Section 37 in its place: "37. ASSIGNMENT OF THE CONTRIBUTION AGREEMENT This Agreement or any payment, rights or obligations thereunder, shall not be assigned, in whole or in part, without the prior written consent of Canada. Any assignment made without such prior written consent is void and of no effect and resolves the assignment." 9. Delete Section 40 of the Original Agreement and insert the following Section 40 in its place: "40. COUNTERPARTS AND ELECTRONIC SIGNATURES This Agreement may be signed in multiple counterparts, each of which so signed and delivered shall be deemed to be an original and all of which counterparts taken together shall constitute one Agreement. The counterparts of this Agreement and all other documents that are signed in connection herewith may be signed by electronic signature by any of the Parties and delivered by "pdf" or other similar attachment to an email to the other Party and the receiving Party may rely on the receipt of the electronically signed and delivered document as if the original had been received." 10. Amend Paragraph ii) of SCHEDULE A.1 ELIGIBLE EXPENDITURES of the Original Agreement to read: "be incurred and paid between the Effective Date and the Project Completion Date; and" 11. Amend Sub -paragraph iii) e) of SCHEDULE A.1: ELIGIBLE EXPENDITURES of the Original Agreement to read: "all capital costs, including site preparation and construction costs, only once Canada is satisfied that Canada's obligations, if any, related to applicable federal environmental assessment or impact assessment legislation and agreements between Canada and Indigenous groups, and the legal duty to consult with, and accommodate, Indigenous groups have been met;" 12. Amend Sub -paragraph iii) j) of SCHEDULE A.1: ELIGIBLE EXPENDITURES of the Original Agreement to read: "costs of engineering and environmental reviews, including costs related to an environmental or impact assessment, and the costs of mitigation measures, follow-up, and remedial activities identified in any environmental or impact assessment;" 13. Amend Sub -paragraph iii) k) of SCHEDULE A.1: ELIGIBLE EXPENDITURES of the Original Agreement to read: "costs related to the consultation of Indigenous groups, specifically Project -related consultation activities arising as a result of the Government of Canada's legal duty to consult, where applicable;" 14. Amend Paragraph 1) of SCHEDULE A.2: INELIGIBLE EXPENDITURES of the Original Agreement to read: "all capital costs, including site preparation and construction costs, until Canada is satisfied that Canada's obligations, if any, related to applicable federal environmental assessment or impact assessment legislation and agreements between Canada and Indigenous groups, and the legal duty to consult with, and accommodate, Indigenous groups have been met; and" 15. Delete SCHEDULE B.2: PROJECT BUDGET of the Second Amending Agreement and insert in its place the following SCHEDULE B.2: PROJECT BUDGET: SCHEDULE B.2: PROJECT BUDGET 24 PROTECTED B EXECUTION COPY Project name Municipal Retrofit Total costs of the Project Total Eligible Expenditures of the Project $5,494,930 100% 98% $5,367,200 Total Ineligible Expenditures of the Project $127,730 2% Recipient's contribution towards Eligible Expenditures $3,220,320 60% Canada's maximum contribution towards Eligible Expenditures $2,146,880 40% EXPENDITURES FISCAL YEAR BREAKDOWN / FUNDING TOTAL REQUEST 2019-2020 2020-2021 2021-2022 2022-2023 2023-2024 Total Project expenditures otal Eligible $5,367,200 $0 $851,930 $1,034,320 $1,530,768 $1,950,182 Expenditures FT Total Ineligible $127,730 $0 $0 $0 $127,730 $0 Expenditures Total of All $5,494,930 $0 $851,930 $1,034,320 $1,658,498 $1,9505182 Expenditures Canada's contribution pertaining to each Fiscal Year $593,045 $579,810 Uncapped $1,999,942 $0 $290,772 $536,315 Eligible Expenditures Eligible planning $104,000 $0 $50,000 $44,100 $4,950 $4,950 expenditures (capped at 5% of Canada's contribution) Eligible $42,938 $0 $0 $14,312 $14,312 $14,314 incremental employee expenditu res (capped at 2% of Canada's contribution) Eligible travel $0 $0 $0 $0 $0 $0 expenditu res (capped at 5% of Canada's contribution) Total Canada's $25146,880 $0 $340,772 $550,000 $5505000 $706,108 contribution toward Eligible Expenditures pertaining to each Fiscal Year 25 _» k Lu§ 0 - 0 \ § 2 / _® 7 � _ �2 _ LU< Cl) o 0 0 co x L / 0 C� \ o \ o o & t- & _ < % g r - o - 2 coLO 0) / 0 ) \ � 0 \ / k 5 § S 3 \ E 0 / co � j 2 0 d / / I-C%l LO 3 0 \ \ / 2 o + Cj a w 2 2 o 0 - 0 - 0 _ 0 _ U) k § L \ \ ~ @ m co � % n co c / N 2 § 2 2 2 2 < _0k \ / § E _ . E ) _ } \ 0 E o LL $ o ) ° w M 2 0 U $ \ 0 m § m 2 0 i i 2 K of < U LU w \ m < \ LU \ k _ m .. =z E L r U)\ k j \\ / § E ji E o k \ � CL » \ m d 00 WV W 0 0 0 X D aU W X W O U) H U O U� LU U Q 0 U 0 Lu U)� cn Q QU 00 Z Q cn U) Q H0 Z Z wQ z� O� �z W Oz0 U� w0 OU of a-C) LL LU 00 of of a- Q LL �O (n Q V � m � W U) J L m W LU = J U� U� a) a) _ 0 U r NCD O CD O CD O CD 00 CD O CD O O L y N) — r O O O 00 O O T (D� (D� 0 E r a CL cc c3 O W X U2U 0Lu N N O L O O O CD N O O a+ = 4) a, 7 M .—+ LO O Lo O O W) (M W) O_ 'IT O CDC N •— 'a Ef3 ER c) N (O (O L (O N C W C. (» Wu—Lu d ayi o 0 0 0 0 0 Lr LO O N O O ate+ I� ER ER LO NER N O O O 0CL N O X H W N (O (.O O ER ER ER L r (M (M O LO y Q. H W (yj LO (O LO (O O O O O O O O O y 00 a0 O N O O •O 00 00 O N O O L d e» e» LO Cl) V O V rn � ar Ef3 - Ef3 ER N Ef3 O O H U CD No v No 0 0 0 0 d }, N N N N N N 0 N Cl) Cl) Cl) Cl) _- Cl) m m m m m LU r O O CD N CD C14 CDO CD CD 0 N N N N O N (h c) - fA Q v) Q O U U U U)) U)) _ 0) o _ tm o ob _ 0) o aa)) aa)) u°)i U) O u) u°)i U) O u) u°)i U) O u) _0 _0 � E > � E � E > � E � E > � E C (0 C (0 LL �' O)o 0) Z, o �- O)o 0 o C Q _ U O)o 0 O �- C Q _ U 0) C 0)p) C -0 C U)-0a")C C U) N -O C U) U) a") N -O C U) -E -E a) p U C -O 0 (0 U C O p U C -O 0 (0 U C O p U C -O 0 (0 U C O C (0 C (0� C (0 fn� C N fn� C N fn Q. Q Q N O O-2 C .O E o 0 .2 C .O E o 0 .2 C .O E ,L O O N N a) .O N N N a) .O N O N a) .O O V N aN+ U) aN+ N N C C N U) C U C N> U) 5 C U C N C U N O O O O fn C E 2 N ti ++ O fn C E (B N ++ O fn C E 2 N 0 U U U U .S c: a) U E c) co a) U E C) co a) U E N ob a) 0) 00 a) U) a+ or Y E U) 0 C N -2 -Tcn we O O U)i Q mm LL Q 0) 0m U) a) CL E E °' E o c _ c . U ZU H U �� LLM Qc� N I— N m>- p d O O o C) O 0 LU ~ O N Wz Ef3 Ef3 0 O 0 O O d LU X w O O O O N 'IT aO O O O O O O l() O O I- Cl) O co ao (D N EA O N M O N N M EA � � M N EA O O O O O Cl) O O O) l() O O O) I� Cl) EA N N O O N N M M a3 (0 -2 2-2 O O NO N N cM N C O- (0 ) U U C U C a) E (� C' (� U. E ob = o O 06 = 0)0 N C N (D C a E T OU E a E-t>, O E OO a)� O �- OO a)� O C Q U U O N E 5 O U)-0 fn O U O -a 0 m O U C -a m U C O U.S.— O i m U) a) i m U) a) O O .O E o 0 `� C .O E N (0 .O.O a: C -0 U)a .N U O C� -a .N U O U.Scm�EioEU.Sc�oaa))oE U a) c U�w c`o c o a M '- o E a? c E x 1 Y O LU a) (0 Ua°Si TAW 00 N PROTECTED B EXECUTION COPY 18. Amend Paragraph C.1.2 i) of SCHEDULE C —REPORTING REQUIREMENTS of the Original Agreement to read: "If relevant, updated status of the implementation of mitigation measures, activities and follow-up measures that are required to be performed during the Project implementation as a result of consultations with Indigenous groups, organizations, governments, or communities;" 19. Amend Paragraph C.1.2 j) of SCHEDULE C —REPORTING REQUIREMENTS of the Original Agreement to read: "If the Project required environmental or impact assessments, permits, or authorizations, provide an update on activities taken to comply;" 20. Amend Paragraph F.3 of SCHEDULE F — DECLARATION OF COMPLETION of the Original Agreement to read: "I have received the following documents and based on these documents and representations made to me by the professionals identified below, I declare to the best of my knowledge and belief that the Project conforms with, as applicable, the [List the applicable environmental / impact assessment legislation / regime]:" 21. Each Party represents and warrants that it has the full power and authority to enter into this Third Amending Agreement and has taken all necessary actions to authorize the execution of this Third Amending Agreement. 22. All other provisions of the Original Agreement remain in full force and effect, unamended. 23. The Government of Canada's contribution will enable the Recipient to invest in projects that will materially reduce carbon emissions under the Pan -Canadian Framework on Clean Growth and Climate Change that contribute to Canada's first Nationally Determined Contribution under the Paris Agreement, and support the advancement of new technologies and Canada's long-term transition towards cleaner growth through the decarbonization of the economy; 24. This Third Amending Agreement may be signed in multiple counterparts, each of which so signed and delivered shall be deemed to be an original and all of which counterparts taken together shall constitute one Third Amending Agreement. The counterparts of this Third Amending Agreement may be signed by electronic signature by any of the Parties and delivered by "pdf° or other similar attachment to an email to the other Party and the receiving Party may rely on the receipt of the electronically signed and delivered document as if the original had been received. IN WITNESS WHEREOF the Parties' duly authorized representatives have executed this Third Amending Agreement: HIS MAJESTY THE KING IN RIGHT OF THE CITY OF SAINT JOHN CANADA F Digitally signed by: Fleming, Jesse er: esse DN: CN = Fleming, Director Ger Jesse C = CA O = GC OU� EC -EC 7 l� Date: 2023.02.1715:12: 58-05,00, Per: Don Darling Mayor Date Date 29 PROTECTED B EXECUTION COPY Per: Jonathan Taylor Common Clerk Date Common Council Resolution Date 30 D '� r r I l jl COMMON COUNCIL REPORT M&C No. 2023-45 Report Date February 22, 2023 Meeting Date February 27, 2023 Service Area Utilities and Infrastructure Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT: Low Carbon Economy Fund (LCEF) Third Amending Agreement - District Energy System (DES) Project AUTHORIZATION Primary Author Commissioner/Dept. Head Chief Administrative Officer Samir Yammine Ian Fogan J. Brent McGovern RECOMMENDATION It is recommended that Common Council approve the Third Amending Agreement under the Low Carbon Economy Fund for the District Energy System (DES) Project in the form and upon the terms and conditions as attached; and that the Mayor and City Clerk be authorized to execute the said Amending Agreement. EXECUTIVE SUMMARY The purpose of this report is to seek Common Council's approval of the Third Amending Agreement. PREVIOUS RESOLUTION M&C 2019-313. It is recommended that the City enter into the Grant Agreement with Her Majesty the Queen in Right of Canada, as represented by the Minister of the Environment who is responsible for the Environment and Climate Change Canada under the Low Carbon Economy Fund for the District Energy System (DES) Project in the form and upon the terms and conditions as attached; and that the Mayor and Common Clerk be authorized to execute the said Agreement. M&C 2021-091. It is recommended that Common Council approve the Amending Agreement under the Low Carbon Economy Fund for the District Energy System (DES) Project in the form and upon the terms and conditions as attached; and that the Mayor and Common Council be authorized to execute the said Amending Agreement. 31 -2- M&C 2021-131. It is recommended that Common Council approve the Second Amending Agreement under the Low Carbon Economy Fund forthe District Energy System (DES) Project in the form and upon the terms and conditions as attached; and that the Mayor and Common Council be authorized to execute the said Amending Agreement. REPORT The proposed Third Amending Agreement consists of changes to the Project's fiscal year breakdown and Inclusion of Eligible Incremental Employee Expenditures i.e., Schedule B.2, B.3 and B.4 of the funding agreement. The approval of the Third Amending Agreement will enable the reallocations of unclaimed funds and avoid the risk of funds lapsing for the District Energy System (DES) Project. The reallocations of the funds are not transferred to the next fiscal year until the execution of the third Amending Agreement by both parties. This agreement does not impact the scope of the project. STRATEGIC ALIGNMENT The DES Project aligns with the following City plans, policies, Council Priorities, programs, and practices: 1- City of Saint John Corporate GHG and Energy Action plan to reduce GHG emissions by 30% by 2025 and achieve carbon neutral by 2040. 2- City of Saint John Asset Management Policy objectives to apply risk -based decision and life cycle costing principles to prioritize capital investment, identify alternative measures, facilitate the leveraging of infrastructure funding from external sources and improve the reliability of customer service. 3. City of Saint John Capital Investment Policy SERVICEAND FINANCIAL OUTCOMES The City of Saint John will continue receive a total grant up to $ $3,762,746 or 40% of the eligible cost toward the District Energy System (DES) Project. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The City of Saint John Utilities and Infrastructure Services and General Counsel have reviewed the attached Amending Agreement and are satisfied with the WA -3- recommendation as they pertain to their respective areas of services. ATTACHMENTS Low Carbon Economy Fund Third Amending Agreement- District Energy System (DES) Project. 091 PROTECTED B EXECUTION COPY THIRD AMENDING AGREEMENT TO THE CHALLENGE FUND FUNDING AGREEMENT REGARDING DISTRICT ENERGY SYSTEM PROJECT ("THIRD AMENDING AGREEMENT") This Third Amending Agreement is made as of the date of last signature, BETWEEN: HIS MAJESTY THE KING IN RIGHT OF CANADA, as represented by the Minister of the Environment who is responsible for Environment and Climate Change Canada ("Canada" or the "Minister"), AND THE CITY OF SAINT JOHN, incorporated by Royal Charter as confirmed and amended from time to time by the Acts of the Legislative Assembly of New Brunswick ("Recipient"), Individually referred to as a "Party" and collectively referred to as the "Parties". WHEREAS the Parties concluded the Challenge Fund Funding Agreement Regarding District Energy System Project, effective December 5, 2019, (the "Original Agreement"); as amended by a First Amending Agreement, effective March 30, 2021, and as further amended by a Second Amending Agreement, effective May 13, 2021; AND WHEREAS the Parties desire to further amend the Original Agreement, in accordance with subsection 39 of the Original Agreement; NOW THEREFORE, the Parties agree to the following: 1. Capitalized terms used herein have the same meaning given to them in the Original Agreement. 2. Delete and replace the definition of "Eligible Expenditures" in Subsection 2.2 with the following: ""Eligible Expenditures" means those costs incurred and paid by the Recipient between the Effective Date and March 31, 2024 that are directly related to the Project and which are considered eligible by Canada, as set out in Schedule A.1 of the Agreement." 3. Amend Paragraph 4.4 a) of the Original Agreement by adding the following sentence at the end of Paragraph 4.4 a): "Notwithstanding Section 39, where Canada has approved the Recipient's reallocation request, Canada shall inform the Recipient of its approval in writing, which approval shall give effect to the amended Schedule B.3 of Schedule B." 4. Amend the last sentence of Paragraph 4.5 d) of the Original Agreement to read: "If Canada has approved a change and has determined that the change is minor in nature, Canada shall inform the Recipient of its decision in writing to give the change effect." 5. Delete Section 8 of the Original Agreement and insert the following Section 8 in its place: "8. IMPACT ASSESSMENT 8.1 The Recipient represents and warrants that the Project is not a "designated project" as defined in section 2 of the Impact Assessment Act (IAA) and is not a "project" as defined in section 81 of the IAA. 8.2 Canada's funding under this Agreement is conditional upon Canada being satisfied that Canada's obligations, if any, under the IAA and applicable agreements between Canada and Indigenous groups are met." Delete Section 9 of the Original Agreement and insert the following Section 9 in its place: "9. INDIGENOUS CONSULTATION Canada's funding under this Agreement is conditional upon Canada meeting any legal duty to consult, and if applicable any obligation to accommodate Indigenous groups, Canada 34 PROTECTED B EXECUTION COPY may itself have in relation to the Project." 7. Amend the first sentence of Paragraph 10.2 a) of the Original Agreement to read: "In each Fiscal Year, the Recipient shall submit to Canada quarterly requests for payment, unless otherwise agreed to by Canada, covering the Recipient's Eligible Expenditures in a format provided by and acceptable to Canada." 8. Delete Section 37 of the Original Agreement and insert the following Section 37 in its place: "37. ASSIGNMENT OF THE CONTRIBUTION AGREEMENT This Agreement or any payment, rights or obligations thereunder, shall not be assigned, in whole or in part, without the prior written consent of Canada. Any assignment made without such prior written consent is void and of no effect and resolves the assignment." 9. Delete Section 40 of the Original Agreement and insert the following Section 40 in its place: "40. COUNTERPARTS AND ELECTRONIC SIGNATURES This Agreement may be signed in multiple counterparts, each of which so signed and delivered shall be deemed to be an original and all of which counterparts taken together shall constitute one Agreement. The counterparts of this Agreement and all other documents that are signed in connection herewith may be signed by electronic signature by any of the Parties and delivered by "pdf" or other similar attachment to an email to the other Party and the receiving Party may rely on the receipt of the electronically signed and delivered document as if the original had been received." 10. Amend Paragraph ii) of SCHEDULE A.1 ELIGIBLE EXPENDITURES of the Original Agreement to read: "be incurred and paid between the Effective Date and the Project Completion Date; and" 11. Amend Sub -paragraph iii) e) of SCHEDULE A.1: ELIGIBLE EXPENDITURES of the Original Agreement to read: "all capital costs, including site preparation and construction costs, only once Canada is satisfied that Canada's obligations, if any, related to applicable federal environmental assessment or impact assessment legislation and agreements between Canada and Indigenous groups, and the legal duty to consult with, and accommodate, Indigenous groups have been met;" 12. Amend Sub -paragraph iii) j) of SCHEDULE A.1: ELIGIBLE EXPENDITURES of the Original Agreement to read: "costs of engineering and environmental reviews, including costs related to an environmental or impact assessment, and the costs of mitigation measures, follow-up, and remedial activities identified in any environmental or impact assessment;" 13. Amend Sub -paragraph iii) k) of SCHEDULE A.1: ELIGIBLE EXPENDITURES of the Original Agreement to read: "costs related to the consultation of Indigenous groups, specifically Project -related consultation activities arising as a result of the Government of Canada's legal duty to consult, where applicable;" 14. Amend Paragraph 1) of SCHEDULE A.2: INELIGIBLE EXPENDITURES of the Original Agreement to read: "all capital costs, including site preparation and construction costs, until Canada is satisfied that Canada's obligations, if any, related to applicable federal environmental assessment or impact assessment legislation and agreements between Canada and Indigenous groups, and the legal duty to consult with, and accommodate, Indigenous groups have been met; and" 35 PROTECTED B EXECUTION COPY 15. Delete SCHEDULE B.2: PROJECT BUDGET of the Second Amending Agreement and insert in its place the following SCHEDULE B.2: PROJECT BUDGET: SCHEDULE B.2: PROJECT BUDGET Project name District Energy System Total costs of the Project $9,617,036 100% Total Eligible Expenditures of the Project $9,406,865 98% Total Ineligible Expenditures of the Project $210,171 2% Recipient's contribution towards Eligible Expenditures $5,644,119 60% Canada's maximum contribution towards Eligible Expenditures $3,762,746 40% EXPENDITURES FISCAL YEAR BREAKDOWN / FUNDING TOTAL F REQUEST 2019-2020 2020-2021 2021-2022 2022-2023 2023-2024 Total Project expenditures Total Eligible $9,406,865 $0 $681,225 $500,000 $4,016,664 $4,208,976 Expenditures Total Ineligible $210,171 $0 $0 $0 $110,171 $100,000 Expenditures Total of All $9,617,036 $0 $681,225 $500,000 $4,126,835 $4,308,976 Expenditures Canada's contribution pertaining to each Fiscal Year Uncapped $3,4999354 $0 $263,226 $125,934 $1,530,184 $1,580,010 Eligible Expenditures Eligible planning $1889137 $0 $9,264 $49,066 $51,482 $78,325 expenditures (capped at 5% of Canada's contribution) Eligible $759255 $0 $0 $25,000 $25,000 $25,255 incremental employee expenditures (capped at 2% of Canada's contribution) Eligible travel $0 $0 $0 $0 $0 $0 expenditures (capped at 5% of Canada's contribution) Total Canada's $3,762,746 $0 $272,490 $100,000 $300,000 $3,090,256 contribution toward Eligible Expenditures pertaining to each Fiscal Year 36 m� oa WD �U U LU 0 v m v (D v co H O N (I N N O l!i O d LU Q w 0 (h va V va O D) X } N � � W J i U) N O O O O O O O O O f0 N O O O L2 O M O LO (h m N LL N O � V3 EA EA w A N J � O N O O O O w } N O O O O C) U) i N -� O O O N O O O u) y O O r fA r A f U N o d a) O v (n O LO Cl) a) W 0 N N � - v N 00 N I- � O � � Q 0 N U) _ ) W � � � N O � � N NQ) C _0 m O N (0 C 0) E co a 0) (D 0) n n N (D Q J n (D La F 0) < cli W� _ C 0 � N E Q _0y R C O C O Z_ U cN) N r r Z C C LL (i (i O LL 0 N N �+ p W r Q ? U w 0 R of Z cn o ~ R m 0 Q of Y w } a J Q W � m U) Q LL W ri >- m Q w J U � ZZ LU > LL _ () N 0 m cn Y W W A fn a) W 2 >1 m � m W Z N = � W cn W r V 0 i � N a o I — co N 0 (O (O O O O (O O O O i l N W W O O) O O m �n 7 .= 'a � 69 N V (O W O p d M 7 Q ._ -a E '� a) a 69 EFT N 69 U) 69 EFT N 69 W O HV a' Ma 5d RRCLU W% Uz UU2W LU § rn D O) M O O O = a N N C M(h O N O � O O 00 O O O O N d U N 7 e» e» I- 'ITO I� O O X a) Q a) c 69 69 6969 w M u cw a N �Uow N N coO O i L W W O Lr O O U) ,� }' (NO N lLO r- O O O l!J V) ER ER ER N _0w 69 c6 o x �w c a) E N V3 � 00 00 � � �� N i N 00 N N w' O � Q ER O ER 0) Q N _0 H W N WWNNO co OO Q U C W W O N 0 0) O O O d V) ER ER N U N o a) t H N N N N N N N N O UO O O O O O O O O In (h (h (h (h (h (h (h (h U� a N N N (6 N N N N o� w w U) rn rn O O rn �O H Q U cA U O O LU U O O N O N O O) O) O) O O O ON Q Q W O O O (h v N o o Q o 0 0 0 QO U Q U) U U) m Z Z Q p N s O O U (6 a) Z ¢ 0 d H c O J 06 U 7 �w CJ O) O O Ul (n Z O Q O '6 O '6 O (n N � C ,C N w �- N N(n i O Ul > O-0 U) M a)> O > O N U wc) N N 'O p N U'� N06 U> N N NO O N O N N O Z O O— o 7 C >+ O U N >, C O U) p Z UU W N N �� �6 rn� N rn� U) O a) H a- z U� O a) a) = �w a) 6) a)o w w a) a) a) a) o mNa)orn �Eorn UQ uJ0 d U rn U$ E� �-0 C N U p U O m m w 2 w w E o m m E m n US LLU U m 6s m 6s �o m m n c U) a) U) Ncoi o o o.o O.o QN m H c c U N U) � .N 0 a) � m o 2 .o 0 O O W 6s 6s U 'C a) m p E- 'E a a) m �a- o �� O rn rn 0)E S- C w� 7 EUoU)�a)U-o�a) m 0 m� <O a U) 6s� t^�U �.S(7 o Hc'i a) ��0 o D W a m Qrn m Q> UoiE .S.o mm o E CU o 0.0(7 o 'U5 U m 'ul = Uri �� O ? o.� o rn mm o oi.o oi.o (n m.o Ln �= Ln C: 70 Q U d N Ul Y f Ul N_ w 0 N Ul U C oCL N+ N- O E- O E _6 L m O U (6 O U C mt 7o i 00 D Q p a U d U Q oc 05 2 U O N= 2 0 0 2 06 � 0 0 U ax) U LU .E .s J U) o m cn LU = LU � N m m U D m U0 Uri rn .N c°)i W (1) LLJ ? 0 c a) = 0 CL w a W _0 ai O o U) w = d a C ._ C N U cn RO Z U 0 a a3 Q N w co O 0000 O O O 0) V O 000 O V O O O O V O 00 000 O 000 (00 O (00 � (O ER 'IT V-) EFT — co V-) LO 00 O N O O O M 00 co 0 O ON O I� O O O T' O 00 O N d) O N O O N N d) O O Vi (00 Vi Vi Vi 000 N V-T 0000 fR (h _' E9 ER O 0 O O O N O O O N O O O N (O O Il- O O (O O O O l!i O CD 00 O 'IT 00 EFT O _' ER N ER (n0 4 N V V3 � V3 V3 � n O N O 0 O O O O O O O N O O O It (fl O ll- O O (O O O O l!i O CD 00 O IT '00 O ER N ER 00 a N V3 V N V3 � V3 V3 Q N N N O O O O O 0 O O O _ _ � _ (h (h (h (h N m C7 (h (h Z � co a3 a3 N a) 0 N O O O O N N N N N (h C C U U U U a) R N a) w O O O a) cn 0 N U Ul N 0 Ul N 0 -0 N Ul i N L a 0 C a) � —O N _O a) �- U 2 C o 0 U 1 o 0)U) m m o f ul in �'—CJ m.o �C.cn o d NW 0 �oo(o >rno>'C 'E Q o -p E w m.m �E �aa))0 0 U 7 m .0 n O 0 N N C jp a) a3 0 0=U a) a) L C C .m a) —_ (p 'O CL ���+ 0E m o` �NNais �as wa_l U �0E�0 0 C� te> —a60S mtl) (aC7s a) o OF S ( 0 0rn�_ )Q s cn UU o LU 2 ma) o e ac'o.0 070 0wN a) CY C O O D O cn UU_ U0 aa O .E N U Nu�7mm 2-0 -0 a3 Ci �- > (D a) m 2 m U O aU0N a) C .� L (On N Q'S N > �' a) O a) (n a� m a� m a� m a) 2 s (� 0 c 0 Q 0 0-0 0 a) N 0 0 Q m= U C N o 0 (� a) (p o �E 0 0 m C .�.-� N o' .�.-� N o' .�.-� N o' .N 7 U U Q a) Ul C C a) N 0 (� N C 0 nasm(60� 0m. of Co a) as 0 (o a) o m 0) 6.2 .N Ul C o� 0 .3 g a) .0 C N a) a3 CO O o E u) C 06 O a) C 06 O a) C 06 O a) Cn 0 C O N 3 Cp ' V U Ul E E V a) a) C C m Ul C U = N U C O 0 L a) L Q -p E Ul m U O N m U— 1515 U O U a) U a) U a) N a) a) D �_ C p 0 0 U QS i. 2i O 3 Q U E U N C ` N C Ul N N C U C U C U N N= L.L U L U d (6 E .Q d U Z C N V U C U O O N— C 0 c 0 c 0 c t O O 0 Wo8 UUEaa))cOi0-0—U�' (L i E U • • • • •U . . . . U • 0) o W � a3 U Cl) o U 7, .E 0 L 0 0 C = O C 0 LU 0 .N .� O C � O C 2 U 0) 0 a) a) C C= L N C u. 0 C � C C C a) U-0 0 W C W W O 0U 0 0 0(7� co » 0 0 2 0 k 0 q w m a G M- G / C%f Q � to 2 / c co R c ¢ & . � 2 2 \ � k § co a $ r- \ _ $ & 2 � 0 2 k � k \ r- \ _ $ 3 U k § k § � / m § / £ I - " - § \0 � E [ §) - - _:E£ § _ \- E E0)/E ) _ - R =s = f=>gm°® f / E\U) m00 w - �k\) §ƒ/§f/{ \ )§ )ƒ-oE 5 2 \ /� cm /-)/§0 ko °-0E0u)[rk E226.8/§ )&f-5E \) - =6)% ±:$fQ� w-0 Ef!f-EEt(0' _8 EIt t 3a00� . . . 3 . . 2g LU \ PROTECTED B EXECUTION COPY 18. Amend Paragraph C.1.2 i) of SCHEDULE C —REPORTING REQUIREMENTS of the Original Agreement to read: "If relevant, updated status of the implementation of mitigation measures, activities and follow-up measures that are required to be performed during the Project implementation as a result of consultations with Indigenous groups, organizations, governments, or communities;" 19. Amend Paragraph C.1.2 j) of SCHEDULE C —REPORTING REQUIREMENTS of the Original Agreement to read: "If the Project required environmental or impact assessments, permits, or authorizations, provide an update on activities taken to comply;" 20. Amend Paragraph F.3 of SCHEDULE F — DECLARATION OF COMPLETION of the Original Agreement to read: "I have received the following documents and based on these documents and representations made to me by the professionals identified below, I declare to the best of my knowledge and belief that the Project conforms with, as applicable, the [List the applicable environmental / impact assessment legislation / regime]:" 21. Each Party represents and warrants that it has the full power and authority to enter into this Third Amending Agreement and has taken all necessary actions to authorize the execution of this Third Amending Agreement. 22. All other provisions of the Original Agreement remain in full force and effect, unamended. 23. The Government of Canada's contribution will enable the Recipient to invest in projects that will materially reduce carbon emissions under the Pan -Canadian Framework on Clean Growth and Climate Change that contribute to Canada's first Nationally Determined Contribution under the Paris Agreement, and support the advancement of new technologies and Canada's long-term transition towards cleaner growth through the decarbonization of the economy; 24. This Third Amending Agreement may be signed in multiple counterparts, each of which so signed and delivered shall be deemed to be an original and all of which counterparts taken together shall constitute one Third Amending Agreement. The counterparts of this Third Amending Agreement may be signed by electronic signature by any of the Parties and delivered by "pdf' or other similar attachment to an email to the other Party and the receiving Party may rely on the receipt of the electronically signed and delivered document as if the original had been received. IN WITNESS WHEREOF the Parties' duly authorized representatives have executed this Third Amending Agreement: HIS MAJESTY THE KING IN RIGHT OF THE CITY OF SAINT JOHN CANADA F Digitally signed by: lemina. Jesse DN: CN = Fleming, Director Genf Jesse C = CA O = GC f�r9§er�'Da = EC -EC J � Date: 2023.02.1715:27: 53-05'00' Date Per: Don Darling Mayor Date 41 PROTECTED B EXECUTION COPY Per: Jonathan Taylor Common Clerk Date Common Council Resolution Date 42 -ter`_ II f{�, err 1 M&C No. # found on Sh,--, ,,Joint Report Date February 22, 2023 Meeting Date February 27, 2023 Service Area Finance and Administrative Services SUBJECT: Catalytic Multipurpose Recreational Facility — Professional Fees EXECUTIVE SUMMARY OF COMMITTEE OF THE WHOLE REPORT FOR OPEN SESSION OF COUNCIL In order to advance the financial analysis and costing related to one of Council's catalytic projects, consulting support is required, and the estimated fees exceed the CAO's spending authority and therefore Council approval is required. COUNCIL RESOLUTION That Council approve an expenditure of $120,000 plus HST for consultant support related to the scoping and costing work for the Catalytic Multipurpose Recreational Facility funding application.