2024-01-22_Agenda Packet--Dossier de l'ordre du jour�B
City of Saint John
Common Council Meeting
AGENDA
Monday, January 22, 2024
6:30 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 Minutes
2.1 Minutes of January 8, 2024 6 - 11
3. Approval of Agenda
4. Disclosures of Conflict of Interest
5. Consent Agenda
5.1 HotSpot Parking Inc - Amendment to Software License and Services 12 - 18
Agreement (Recommendation in Report)
5.2 Public Information Session: St Paul Steet (Winter Street to End) - Water, 19 - 22
Sanitary and Storm Sewer Renewal and Street Reconstruction
(Recommendation: Receive for Information)
5.3 Public Space at Market Slip — HVAC, Mechanical, Electrical & Sprinkler 23 - 26
Installations for New Enclosed Patios (Recommendation in Report)
5.4 2024 Insurance Renewal (Recommendation in Report) 27 - 30
5.5 Vehicle For Hire By -Law Change (Recommendation in Report)
31 - 34
5.6 Community Development Fund Agreement: City of Saint John — Harbour
35 - 43
Passage Expansion (Recommendation in Report)
5.7 Initiate Stop -Up and Closure for a Portion of Red Head Road and Hewitt Road
44 - 47
(Recommendation in Report)
5.8 Heather Way Resurfacing/Reconstruction (Recommendation in Report)
48 - 51
6.
Members Comments
7.
Proclamation
8.
Delegations / Presentations
9.
Public Hearings - 6:30 p.m.
10.
Consideration of By-laws
10.1 Zoning By -Law Amendment - 89-91 Red Head Road (3rd Reading) /
52 - 55
Recission of previous Section 59 Conditions
10.2 McNamara Drive Speed Limit Reduction -Traffic ByLaw Amendment (1 st and
56 - 58
2nd Reading)
11.
Submissions by Council Members
12.
Business Matters - Municipal Officers
12.1 The Cove — Funding Agreement
59 - 97
12.2 Housing Accelerator Fund
98 - 114
13.
Committee Reports
14.
Consideration of Issues Separated from Consent Agenda
15.
General Correspondence
15.1 Dragonfly Events Planning: Empowering Women in Business 2024 - Request
115 - 117
to Present (Recommendation: Refer to Clerk to schedule presentation)
15.2 Saint John Horticultural Association: Request to Present (Recommendation:
118 - 120
Refer to Clerk to schedule presentation)
15.3 YMCA of Southwestern NB: Request for Proclamation (Recommendation:
121 - 121
Refer to Clerk to prepare proclamation)
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16.
17.
18.
15.4 J. Rennick: Not for profit Organizations - Request to Present
122 - 123
(Recommendation: Receive for Information)
15.5 Age Friendly Active Communities NB - Request to Present (Recommendation:
124 - 125
Refer to Growth Committee to schedule presentation)
15.6 A. Folldns: Shelters in Loyalist Burial Ground (Recommendation: Receive for
126 - 127
Information)
Supplemental Agenda
Committee of the Whole
17.1 Request for Expression of Interest for 21 Troop Street
128 - 128
17.2 2024 Community Centre and Neighbourhood Service Agreement Renewal
129 - 130
17.3 Saint John Energy FCM Loan and Grant Request
131 - 131
17.4 Code of Conduct Complaints - Councillors Harris and lGllen
132 - 132
Adjournment
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City of Saint John
Common Council Meeting
Monday, January 22, 2024
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 Approval of Minutes 68(1)
1.2
Financial Matter 68(1)(c)
1.3
Land Matter 68(1)(d)
1.4
Financial Matter 68(1)(c)
1.5
Financial Matter 68(1)(c)
1.6
Financial Matter 68(1)(c)
1.7
Land Matter 68(1)(d)
1.8
Financial Matter 68(1)(c)
1.9
Legal Matter 68(1)(c,f,g)
1.10
Legal Matter 68(1)(f)
Ville de Saint John
Seance du conseil municipal
Lundi 22 janvier 2024
18h30
2e etage, salle du conseil municipal, 1-16tel de Ville
Un moyen de communication electronique sera utilise lors de cette reunion. Le public
peut assister a la reunion en personne dans la salle du conseil ou la regarder sur le
site Web de la ville (www.saintiohn.ca) ou sur Rogers TV.
Comite plenier
1. Ouverture de la seance
Si vous souhaitez obtenir des services en frangais pour une seance du conseil communal,
veuillez communiquer avec le bureau du greffier communal au 658-2862.
Chacun des points suivants, en totalite ou en partie, peut faire I'objet d'une discussion en
prive en vertu des dispositions prevues au paragraphe 68(1) de la Loi sur la gouvernance
locale. Le conseil/comite prendra une ou des decisions a cet egard au cours de la seance
publique :
16 h 30 — Comite plenier a huis clos — Salle de conference du 2e etage
1.1 Approbation du proces-verbal 68(1)
1.2 Question financiere 68(1)(c)
1.3 Question fonciere 68(1)(d)
1.4 Question financiere 68(1)(c)
1.5 Question financiere 68(1)(c)
1.6 Question financiere 68(1)(c)
1.7 Question fonciere 68(1)(d)
1.8 Question fonciere 68(1)(d)
1.9 Question financiere 68(1)(c)
1.10 Question juridique 68(1)(c,f,g)
Seance ordinaire
1. Ouverture de la seance
1.1 Reconnaissance du territoire
1.2 Hymne national
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2. Approbation du proces-verbal
2.1 Proces-verbal du 8 janvier 2024
3. Adoption de I'ordre du jour
4. Divulgations de conflits d'interets
5. Questions soumises a I'approbation du conseil
5.1 HotSpot Parking Inc. — Modification du contrat de licence de logiciel et de
services (recommendation clans le rapport)
5.2 Seance d'information publique : Rue St. Paul (de la rue Winter a la fin) —
Renouvellement des reseaux d'aqueduc, d'egout sanitaire et d'egout
pluvial et reconstruction de la rue (recommendation : recevoir pour
information)
5.3 Espace public de Market Slip - Installations CVC, mecaniques, electriques
et d'arrosage pour de nouveaux patios fermes (recommandation clans le
rapport)
5.4 Renouvellement de I'assurance 2024 (recommandation clans le rapport)
5.5 Modification du reglement sur les vehicules de location
(recommandation clans le rapport)
5.6 Accord sur le Fonds de developpement communautaire : Ville de Saint
John — Agrandissement du passage du port (recommandation clans le
rapport)
5.7 Entreprendre I'arret et la fermeture d'une partie du chemin Red Head et
du chemin Hewitt (recommandation clans le rapport)
5.8 Resurfagage/reconstruction de Heather Way (recommandation clans le
rapport)
6. Commentaires presentes par les membres
7. Proclamation
8. Delegations et presentations
9. Audiences publiques
10. Etude des arretes municipaux
10.1 Modification du reglement de zonage — 89-91 chemin Red Head
(3e lecture) / Rappel des conditions de I'article 59
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10.2 Reduction de la limite de vitesse de McNamara Drive — Modification du
reglement sur la circulation (11e et 2e lecture)
11. Interventions des membres du conseil
12. Affaires municipales evoquees par les fonctionnaires municipaux
12.1 The Cove - Convention de financement
12.2 Fonds d'acceleration du logement
13. Rapports deposes par les comites
14. Etude des sujets ecartes des questions soumises a I'approbation du Bureau
15. Correspondance generale
15.1 Dragonfly Events Planning : Empowering Women in Business 2024 -
Demande de presentation (recommendation : Demander au greffier de
programmer la presentation)
15.2 Association horticole de Saint John : Demande de presentation
(recommendation : Demander au greffier de programmer la
presentation)
15.3 YMCA du sud-ouest du Nouveau -Brunswick : Demande de proclamation
(recommendation : Demander au greffier de preparer la proclamation)
15.4 J. Rennick : Organisations a but non lucratif — Demande de presentation
(recommendation : recevoir pour information)
15.5 Communautes actives amies des aines du N.-B.: Demande de
presentation (recommendation : Demander au Comite de croissance de
programmer la presentation)
15.6 A. Folkins : Abris clans le cimetiere loyaliste (recommendation : recevoir
pour information)
16.Ordre du jour supplementaire
17. Comite plenier
17.1 Demande d'expression d'interet pour le 21, rue Troop
17.2 Renouvellement de 1'entente de services pour les centres
communautaires et les services de quartier en 2024
17.3 Demande de pret et de subvention de la FCM de Saint John Energy
17.4 Plaintes relatives au code de conduite — Conseillers Harris et Killen
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18. levee de la seance
COMMON COUNCIL / CONSEIL COMMUNAL
January 8, 2024 / le 8 janvier 2024
The City of Saint job n
MINUTES — REGULAR MEETING
COMMON COUNCIL OF THE CITY OF SAINT JOHN
JANUARY 8, 2024 AT 6:00 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 (www.saintjohn.ca) or on Rogers TV.
Present: Mayor Donna Noade Reardon
Deputy Mayor John MacKenzie
Councillor -at -Large Gary Sullivan
Councillor -at -Large Brent Harris
Councillor Ward 1 Greg Norton
Councillor Ward 1 Joanna Killen
Councillor Ward 2 Barry Ogden
Councillor Ward 3 Gerry Lowe
Councillor Ward 3 David Hickey
Councillor Ward 4 Paula Radwan
Absent: Councillor Ward 4 Greg Stewart
Also Present:
Chief Administrative Officer (CAO) B. McGovern
General Counsel M. Tompkins
Chief Financial Officer K. Fudge
Commissioner Utilities & Infrastructure Services I. Fogan
Fire Chief R. Nichol
Commissioner Human Resources S. Hossack
Deputy Commissioner Growth & Community Services A. Poffenroth
Director External Affairs L. Caissie
Commissioner Public Works & Transportation M. Hugenholtz
Director Legislative Services / City Clerk J. Taylor
Deputy Clerk P. Anglin
C.1
COMMON COUNCIL / CONSEIL COMMUNAL
January 8, 2024 / le 8 janvier 2024
Call to Order
1.1 Land Acknowledgement
Deputy Mayor Mackenzie read aloud the Land Acknowledgement and called for a moment
of reflection.
"The City of Saint John/Menaquesk is situated is the traditional territory of the
Wolastoqiyik/Maliseet.The Wolastoqiyik/Maliseet along with their Indigenous Neighbours,
the Mi'Kmaq/Mi'kmaw and Passamaquoddy/Peskotomuhkati signed Peace and
Friendship Treaties with the British Crown in the 1700s that protected their rights to lands
and resources."
1.2 National Anthem
The Saint John Symphony Youth Orchestra performed O Canada by video.
2. Approval of Minutes
2.1 Minutes of December 11. 2023
Moved by Deputy Mayor MacKenzie, seconded by Councillor Sullivan:
RESOLVED that the minutes of December 11, 2023, be approved.
MOTION CARRIED.
2.2 Minutes of December 18, 2023
Moved by Councillor Sullivan, seconded by Councillor Radwan:
RESOLVED that the minutes of December 18, 2023, be approved.
MOTION CARRIED.
3. Approval of Agenda
Moved by Deputy Mayor MacKenzie, seconded by Councillor Lowe:
RESOLVED that the agenda for January 8, 2024, be approved with the addition of 17.1
COVID-19 Policy Statement Resolution; and 17.2 Transfer of Ownership — Recycling
Totes.
MOTION CARRIED.
4. Disclosures of Conflict of Interest
5. Consent Agenda
5.1 RESOLVED that as recommended in the submitted report M&C 2024-001:
Designation of By -Law Enforcement Officer, Common Council appoint Justin Tinker as a
by-law enforcement officer for various City By-laws, the appointments being more fully
described in the attachment to the submitted report.
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COMMON COUNCIL / CONSEIL COMMUNAL
January 8, 2024 / le 8 janvier 2024
5.2 RESOLVED that as recommended in the submitted report M&C 2024-006:
Proposed Public Hearing Date for 1 Bayard Drive Common Council schedule the public
hearing for the Zoning Bylaw Rezoning application submitted by Jill Higgins for 1 Bayard
Drive (PID: 00015610) for Monday, March 4, 2024, at 6:30 p.m. at the Council Chamber,
City Hall 2nd floor, 15 Market Square, Saint John, NB.
5.3 RESOLVED that as recommended in the submitted report M&C 2024-003: Priorities
for DTI Infrastructure — The Road Ahead, the prioritized list of DTI infrastructure
investments as outlined in M&C 2024-003 be endorsed and that the Mayor be authorized
to follow up with a letter to the Premier, the Minister of the Department of Transportation
and Infrastructure and local MLA's accordingly.
5.4 RESOLVED that as recommended in the submitted report M&C 2024-002:
Contract No. 2023-10: Waterloo Street (Union Street to Peters Street) and Waterloo Street
(Cliff Street to Richmond Street) — Water, Sanitary, and Storm Sewer Renewal and Street
Reconstruction, the contract be awarded to the lowest tenderer, Galbraith Construction
Ltd., at their tendered price of $1,051,945.25 (including HST) as calculated based on
estimated quantities; and further that the Mayor and City Clerk be authorized to execute
the necessary contract documents.
5.5 RESOLVED that as recommended in the submitted report M&C 2024-007:
Community Investment Fund Agreement: City of Saint John — Millidgeville Boat Ramp
Rehabilitation (Phase 2), the City enter into an agreement with the Regional Development
Corporation (RDC) for funding to complete phase two of the design for the Millidgeville
Boat Ramp Rehabilitation Project in the form and upon the terms and conditions as
attached to M&C No. 2024-007; and that the Mayor and City Clerk be authorized to
execute the said Agreement.
Moved by Deputy Mayor MacKenzie, seconded by Councillor Sullivan:
RESOLVED that the recommendation set out in each consent agenda item respectively
be adopted.
MOTION CARRIED UNANIMOUSLY
6. Members Comments
Members commented on various local events.
7. Proclamation
8. Delegations / Presentations
9. Public Hearings — 6:30 p.m.
10. Consideration of By -Laws
11. Submissions by Council Members
12. Business Matters — Municipal Officers
E:3
COMMON COUNCIL / CONSEIL COMMUNAL
January 8, 2024 / le 8 janvier 2024
12.1 Chief Administrative Officer Update on Select Catalytic Projects and Advocacy
Verbal
The CAO commented on the infrastructure developments Ihtoli-maqahamok -The
Gathering Space and Fundy Quay site.
Moved by Deputy Mayor MacKenzie, seconded by Councillor Radwan:
RESOLVED that the verbal update from the Chief Administrative Officer on Select
Catalytic Projects and Advocacy be received for information.
MOTION CARRIED
12.2 Citv of Saint John Communitv Enerav Action Plan — ActSJ Pathwav to Net -Zero
Referring to the submitted presentation ActSJ Pathway to Net Zero Community Energy
Action Plan project overview, Director Energy Performance S. Yammine, presented the
significant transformations to work collectively on energy consumption. The SSG
Consulting specialist provided the cost implications and benefits of the project.
Moved by Councillor Hickey, seconded by Councillor Harris:
RESOLVED that as recommended in the submitted report M&C 2024-012: City of Saint
John Community Energy Action Plan — ActSJ Pathway to Net -Zero, Common Council
approves the City of Saint John Community Energy Action Plan- ActSJ Pathway to Net -
Zero submitted as Appendix A; and further that the CAO be directed to undertake the
following Climate Change Action Items:
1) Establish an ActSJ advisory committee that reports directly to the Mayor and
Council and is charged with stewarding the implementation of ActSJ and,
2) Develop and implement resourcing strategies for actions that will be led by the city
and,
3) Implement a carbon budget to align municipal investments with Saint John's
climate action goals. A carbon budget that can be integrated into asset
management and annual budgets to ensure emissions are considered alongside
investment decisions and,
4) Establish a monitoring, evaluation, and reporting system to track and report on
ActSJ progress.
MOTION CARRIED.
13. Committee Reports
13.1 Public Safety Committee: Speed Cushion Traffic Calming Trial Update and Path
F r) r%A/a rrl
Councillor Hickey Chair Public Safety Committee introduced the recommendation of the
solution based evidence provided by the Speed Cushion Traffic Calming Trial project.
Moved by Councillor Hickey, seconded by Deputy Mayor MacKenzie:
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COMMON COUNCIL / CONSEIL COMMUNAL
January 8, 2024 / le 8 janvier 2024
RESOLVED that as recommended by the Public Safety Committee in the submitted report
M&C 2024-009: Speed Cushion Traffic Calming Trial Update and Path Forward, Common
Council:
1. Approve an amendment to the City's Traffic By -Law that reduces the speed
limit of McNamara Drive to 40 KM/H; and
2. Endorse that the Expedited Traffic Calming Initiative using Speed Cushions move
from a pilot project to an annual program, and that the three deviations from the
Traffic Calming Policy detailed in this report continue for the year 2024.
MOTION CARRIED.
Chair of the Public Safety Committee Councillor Hickey updated Council on the fire that
occurred on Saturday, January 6t", at the homeless tent encampment near the Main Street
viaduct at the Route 1 Westbound on -ramp. A 44-year-old man Peter Evan Ralph
McArthur died from his injuries. Councillor Hickey stated the City is committed to end
homelessness in our community, has adopted a Public Safety Homelessness Strategy
and urged the province to step-up to the urgency of the call to act.
14. Consideration of Issues Separated from Consent Agenda
15. General Correspondence
15.1 250 (Saint John) Wing RCAFA Inc. (Recommendation: Refer to CAO for follow-
Moved by Deputy Mayor MacKenzie, seconded by Councillor Hickey:
RESOLVED that the correspondence from 250 (Saint John) Wing RCAFA Inc. be referred
to the Chief Administrative Officer for follow-up.
MOTION CARRIED
15.2 Liveable Saint John: Residential Impact of AIM (Recommendation: Approve
request to present at a meeting of the City's Public Safety Committee)
Moved by Deputy Mayor MacKenzie, seconded by Councillor Hickey:
RESOLVED that the Liveable Saint John: Residential Impact of AIM request to present be
approved for a presentation at a meeting of the City's Public Safety Committee.
MOTION CARRIED.
15.3 New Brunswick Society of Retired Teachers — SJ Branch: Request for
Proclamation (Recommendation: Approve proclamation request)
Moved by Councillor Sullivan, seconded by Councillor Ogden:
RESOLVED that the request for a proclamation from the New Brunswick Society of
Retired Teachers — Saint John Branch be approved.
MOTION CARRIED.
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COMMON COUNCIL / CONSEIL COMMUNAL
January 8, 2024 / le 8 janvier 2024
16. Supplemental Agenda
17. Committee of the Whole
17.1 COVID-19 Policy Statement Resolution
Moved by Deputy Mayor MacKenzie, seconded by Councillor Radwan:
RESOLVED that as recommended by Committee of the Whole, having met on January 8,
2024, the following COVID-19 policy statement, adopted by Common Council on March
21, 2022, be rescinded in full:
As a condition of employment with the City of Saint John, employees hired on or
after March 21, 2022, are required to show proof of full vaccination against COVID-
19, or a valid medical certificate exempting them from the vaccine.
MOTION CARRIED with Councillor Sullivan voting nay.
17.2 Transfer of Ownership — Recycling Totes
Moved by Councillor Sullivan, seconded by Deputy Mayor MacKenzie:
RESOLVED that as recommended by Committee of the Whole, having met on January 8,
2024, Common Council authorize sale of assets to Circular Materials on the terms and
conditions as presented to Committee of the Whole at their meeting held on January 8,
2024; and that the Mayor and City Clerk be authorized to sign any documents necessary
to effect the transaction.
MOTION CARRIED.
18. Adjournment
Moved by Councillor Lowe, seconded by Councillor Hickey:
RESOLVED that the meeting of Common Council held on January 8, 2024, be adjourned.
MOTION CARRIED.
The Mayor declared the meeting adjourned at 7:00 p.m.
11
COMMON COUNCIL REPORT
M&C No.
2024-016
Report Date
January 15, 2024
Meeting Date
January 22, 2024
Service Area
Public Works and
Transportation Services
Her Worship Mayor Donna Noade Reardon and Members of Common Council
SUBJECT: HotSpot Parking Inc - Amendment to Software License and Services
Agreement
AUTHORIZATION
Primary Author
Commissioner/Dept. Head
Chief Administrative
Officer
Jill Good
Michael Hugenholtz/Marc Dionne
J. Brent McGovern
RECOMMENDATION
RESOLVED that the City of Saint John enter into Amendment No. 1 with HotSpot
Parking Inc., generally in the form as attached to M&C No. 2024-016, and that the
Mayor and City Clerk be authorized to execute said Amendment No. 1 and any
other documents ancillary thereto.
EXECUTIVE SUMMARY
On October 2nd, 2021, the City of Saint John dissolved the Saint John Parking
Commission and subsequently assumed the responsibility for all previous
contracts, managed by the Saint John Parking Commission.
The purpose of this report is to seek Council's approval to amend an existing
service agreement with HotSpot Parking Inc. to include the addition of the
enforcement enterprise dashboard used internally for the court summons
process.
PREVIOUS RESOLUTION
n/a
REPORT
In 2014, the Saint John Parking Commission entered into a 12 week pilot with
HotSpot Parking to provide customers with an opportunity to pay for parking via
a mobile application. Due to the success of the pilot and the use of the app, over
time the Commission expanded the agreement with HotSpot to include the sale
and administration of monthly parking and residential parking permits and the
tap gates at parking garages.
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Following October 2, 2021, City of Saint John dissolved the Saint John Parking
Commission and subsequently assumed the responsibility for all previous
contracts.
The Parking department continues to receive excellent service delivery from
HotSpot Parking Inc. Through consistent bi-weekly team meetings and dedicated
support, we have been able to provide them with feedback needed to further
customize and create efficiencies for both the Parking department and our
customers.
Following the recovery from the cyberattack, it was determined that the
previous processes for the creation of court summons were unable to be
restored. In collaboration with the City's IT department, demonstrations were
presented from vendors on possible software solutions. To further enhance the
internal processes within the Parking department, it was determined that the
additional services provided by HotSpot Parking Inc would foster a one stop shop
approach as well as streamline contracts to provide services.
The additional services offered in the amended agreement referred to as
"Enforcement Enterprise" (Exhibit A), will allow the Parking department to use
the HotSpot dashboard to manage the processing for all parking tickets, and
provide streamlined process flow for court summons of outstanding parking
tickets. There is a one time on -boarding cost of $8,000 and a dedicated team
devoted to the transition and implementation of this new product.
When fully implemented, customers will continue to be able to make payment
online and over the phone same day, however this will be done through a
HotSpot payment portal and there will be a reduction in the lag time currently
experienced due to the use of multiple vendors. Parking ticket information will
be available to the Customer Service Representatives as the tickets are issued
rather than processed overnight. In addition to efficiencies, the new
enforcement product will provide savings in parking ticket supplies.
The products outlined in Exhibit B are the services currently managed through
HotSpot Parking Inc.'s software system and will continue to be provided with the
renewal of this agreement.
STRATEGIC ALIGNMENT
This report best aligns with the Council priority of Perform, for the creation of
efficiencies while remaining accountable and transparent, while adhering to
policies and procedures.
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SERVICEAND FINANCIAL OUTCOMES
The amendment to an existing Software license and Service Agreement with
HotSpot Parking Inc will be for 5 years. This cost is provided for in the parking
department's operating budget.
Enforcement
Implementation of new
$8,000 (one time set up
Enterprise
services (Exhibit A)
cost)
Court Summons Process
$15,000 annual cost
Permit
Monthly Parking Permits
$15,000 annual cost
Management
System (Exhibit B)
System
Residential Parking Permits
$3,000 annual cost
System (Exhibit B)
NFC Gates
Gate tap system at Market
$3,000 annual cost
Square & Peel Plaza Parking
Garages (Exhibit B)
Total
$36,000 annual cost +
$8,000 one time set up
cost
With the implementation of these new services there will be future savings
achieved through the ability to provide parking services through one vendor,
rather than manage multiple contracts. These savings are anticipated to exceed
the one-time costs associated with the implementation of the new products.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
The General Counsel Office reviewed and provided input on the agreement and
the resolution.
The Information Technology (IT) service area has collaborated on this solution
and on the report, they have identified no security concerns for the City's IT
Network as these Parking services are housed on the vendor's network.
ATTACHMENTS
HotSpot Parking Inc. — Amendment to existing software license and Service
Agreement
14
V
HotSpot
HotSpot Parking Inc.
515 Beaverbrook Court
Fredericton, NB
E313 1X6
THIS AMENDMENT No.1 made as of August 161h , 2023 ("Amendment No. 1")
BETWEEN
HOTSPOT PARKING INC. at 515 Beaverbrook Court, Fredericton, NB, E313 1X6 referred to as
"Provider."
AND
CITY OF SAINT)OHN referred to as the "Customer", of physical locations being:
15 Market Square, Saint John NB, E21- 41-1
Recitals:
A. The Provider and the Customer, each a Party and collectively, the Parties, entered into a Software
License and Services Agreement, dated May 15t 2018 (the "Agreement") for an initial term between May
15t 2018, to April 301h, 2021, for provisions stated therein.
B. The Parties intend to amend the Agreement pursuant to this Amendment No.1.
In consideration of the execution of mutual agreements contained herein, and for other good and
valuable consideration (the receipt and sufficiency of which is hereby acknowledged), the Parties
agree as follows:
1. The date in the Term Section of the Agreement is hereby amended to April 301h, 2028, for a
total updated Agreement term of five (5) years.
2. Addition of Enforcement Enterprise, as an additional product and service to the Agreement,
offering advanced parking violation enforcement and management capabilities. The
Enforcement Enterprise Solution will be available to the Customer for the extended Agreement
term until April 30th, 2028, at the costs set forth in Exhibit A, below. Exhibit B references
existing products from the original Agreement.
3. A Merchant Processing fee of 2.99% (Hard Cost) applies to remitted parking and citation
revenues and a Merchant Processing fee of 2.99% (Hard Cost) applies to remitted transit
revenues.
4. Capitalized terms used but not otherwise defined in this Amendment No.1 shall have the
meanings specified in the Agreement.
5. This Amendment No.1 is effective as of the effective date first stated above.
6. Except as otherwise stated in this Amendment No.1, all terms and conditions of the
Agreement remain valid and in effect for the full duration of the Agreement, as amended
through this Amendment No.1.
7. This Amendment is deemed to be an integral part of the Parties' Agreement; if there are any
inconsistencies or conflicts between any terms and conditions of the Agreement and this
Amendment No.1, the terms of this Amendment No.1 shall prevail.
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IN WITNESS WHEREOF the parties have signed this Amendment No. 1 on the day, month, and year first
stated above
HOTSPOT PARKING INC
Name: Phillip Curley
CITY OF SAINT JOHN
Name:
Signature: Signature:
Title: Head of HotSpot Title:
Date: Date:
Name: Deepak Darda Name:
Signature: Signature:
Title: Global Director, Innovation Title:
Date: Date:
Exhibit A
Enforcement Enterprise Cost Breakdown (Additional New Product)
# Item Quantity Unit Cost (CAD)
Enforcement Enterprise
Services Include. -
Cloud -based Dashboard
LPR Software
Unlimited Logins/Users
Bilingual Customer Support
Upgrades & Maintenance
• Batching Tickets
• Search Functionality
• Integration with ARIS
PDF Generation
Ticket Lifecycle management
Printer Paper
(choose one)
1 Onboarding Fee
$ 8,000.00 (one time cost)
Includes:
Implementation Services
Custom Ticket Creation
By -Law Creation
Annual Recurring Cost
$15,000.00 per year
Online Citation Portal
$1.00 per ticket paid
50 (5,000 Tickets) $ 33.51 per roll
100 (10,000 Tickets) $ 24.34 per roll
150 (15,000 Tickets) $ 21.28 per roll
200 (20,000 Tickets) $ 19.76 per roll
Sub -Total
$8,000
one-time
cost
$15,000
per year
17
Current Products Cost Breakdown
# Item
Digital Parking Permits
Standard Services Include:
In-App, Website & In -Person
purchases
• Bilingual Customer Support
Wait -list, Auto -Renew and Early Bird
• Continuous Upgrades & Maintenance
• LPR Software for Enforcement
• Administrative Dashboard
• HotSpot Client Success Lead
• Implementation Services (Training,
Communication)
Onboarding of Existing Permit Data
(Over 1000 permits, costs may vary)
8 NFC Gated Solution
Services Include:
• Tap Functionality for PERMITS
• Administrative Dashboard
• Bilingual Customer Support
Onboarding & Implementation
Exhibit B
Quantity Unit Cost (CAD) Sub -Total
Permit Management System: $15,000 /year $15,000per
1 year
- Monthly & Annual Permit Types
Residential Permits: $ 3,000/year $ 3,000 per
year
- ID Verification Application & Approval
process for special permit access.
1 Market Square & Peel Plaza Parking Garage: $ 3,000
- $3,000/year per
year
(5 gates @$50 each x 12 months)
Notes:
- Taxes are not included and do apply.
- Printer and handheld are required (HotSpot will reuse existing hardware when available).
- Physical hardware (supplied by HotSpot) is covered under the manufacturer's warranty, verified by HotSpot.
- Technical and software issues are supported by HotSpot.
iF:1
COUNCIL REPORT
M&C No.
2024-015
Report Date
January 15, 2024
Meeting Date
January 22, 2024
Service Area
Utilities and
Infrastructure Services
Her Worship Mayor Donna Noade Reardon and Members of Council
SUBJECT. Public Information Session: St. Paul Steet (Winter Street to End) -
Water, Sanitary and Storm Sewer Renewal and Street
Reconstruction
AUTHORIZATION
Primary Author
Commissioner/Dept. Head
Chief Administrative Officer
Holly Young
Ian Fogan/Michael Baker
J. Brent McGovern
RECOMMENDATION
It is recommended that this report be received and filed.
EXECUTIVE SUMMARY
The purpose of this report is to inform Council of the Public Information Session
that will be held in relation to the St. Paul Street (Winter Street to End) - Water,
Sanitary and Storm Sewer Renewal and Street Reconstruction project.
PREVIOUS RESOLUTIONS
October 17, 2022: M&C 2022-317 — 2023 and 2024 General and Utility Fund
Capital Budget.
REPORT
The 2023 approved Water & Sewerage Utility Fund and General Fund Capital
Programs include projects for the design and construction of water, sanitary
and storm sewer renewal, and street reconstruction. The Tender for St. Paul
Street closes on January 30, 2024. Construction is expected to begin mid-
summer and continue until October 2024. This project will have an impact on
the local area during construction. It is for these reasons that staff have
decided to hold a Public Information Session to allow local residents and
businesses an opportunity to view the project drawings and ask questions
about the project.
11111061
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The following Public Information Session will be held:
St. Paul Street
Tuesday, January 23, 2024
3:30 pm — 7:30 pm
Interpretation Centre, Rockwood Park
10 Fisher Lakes Drive
This report is being provided for the information of Council and to extend an
invitation to any Councillors who may wish to attend the Public Information
Session.
The Public Information Session will be on the City website and a copy of the
attached notice will be delivered door to door in the project area.
STRATEGIC ALIGNMENT
This report aligns with Council's Priorities for GROW, MOVE, GREEN AND
PERFORM as the project includes reconstructing a City street that is currently
in poor condition while leveraging Other Share funding.
SERVICEAND FINANCIAL OUTCOMES
The municipal infrastructure on this street is in poor condition and requires
replacement. The renewal of the water and sewer infrastructure will reduce
the likelihood of future service disruptions to the local businesses and
residents. The storm water and sanitary sewer flows will be separated on St.
Paul Street, pedestrians will be able to walk on the new concrete sidewalk
rather than deteriorated asphalt surfaces, the asphalt road resurface will be
new, and grass medians added where possible.
The approved 2023 Water & Sewerage Utility Fund and General Fund Capital
Programs include funding for the design and construction of the project. Other
Share funding for the project will come from the Canada Community Building
Fund (CCBF).
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
N/A
ATTACHMENTS
St. Paul Street (Winter Street to End) - Public Information Session Notice
1491
PUBLIC INFORMATION SESSION
2023-13
ST. PAUL STREET (WINTER STREET TO END)
WATER, SANITARY AND STORM SEWER RENEWAL AND
STREET RECONSTRUCTION
The City of Saint John will be undertaking the renewal of a watermain, sanitary sewer, storm
sewer and street reconstruction in the above noted area. The purpose of this project is to
provide upgraded infrastructure that is nearing the end of its useful life.
The construction activities will include:
• St. Paul Street (Winter Street to End) - Renewal of the watermain and sanitary sewer,
installation of a storm sewer for separation, and a street reconstruction.
• There will be traffic disruptions during the project; however, construction crews and
associated traffic controls will be present. As much as possible, local traffic will be
permitted.
This project is part of the City's on -going commitment to continually improve its infrastructure and
is included in approved City of Saint John Water & Sewerage Utility Fund and General Fund
Capital Programs.
The project is anticipated to begin in mid -summer 2024 and is expected to be completed
by October 2024.
Representatives from the City of Saint John will be available to answer questions related to the
project. The public is invited to drop in anytime during the following period to attend an
information session for this project:
Date: Tuesday, January 23, 2024
Place: Interpretation Centre, Rockwood Park
10 Fisher Lakes Drive
Time: 3:30 pm — 7:30 pm
For further information about this project, contact the City of Saint John at (506) 658-4455.
21
SESSION D'INFORMATION PUBLIQUE
2023-13
RUE ST. PAUL (RUE WINTER A LA CUL-DE-SAC)
RENOUVELLEMENT DES RESEAUX D'EAU, D'EGOUTS SANITAIRES ET D'EGOUTS
PLUVIAUX ET RECONSTRUCTION DE LA RUE
The City of Saint John entreprendra le renouvellement des reseaux d'eau, d'egouts sanitaires et
d'egouts pluviaux ainsi que la reconstruction de la rue dans la zone susmentionnee. L'objectif de
ce projet est de moderniser les infrastructures qui arrivent a la fin de leur vie.
Les activites de construction comprendront:
• Rue St. Paul (Rue Winter a la cul-de-sac) — Renouvellement des conduites d'eau, des
egouts sanitaires, des egouts pluviaux et reconstruction de la rue.
• La circulation sera perturbee pendant le projet; toutefois, des equipes de construction et
des controles de circulation seront presents. Dans la mesure du possible, la circulation
locale sera permise.
Ce projet s'inscrit dans le cadre de 1'engagement permanent de la ville a ameliorer
continuellement son infrastructure et est inclus dans Ies programmes d'investissement capitaux
pour Ies services d'eau et d'egouts, ainsi que dans Ies fonds generaux approuves par la ville de
Saint Jean.
Le projet devrait debuter a milieu de 1'ete et s'achever en octobre 2024.
Des representants de The City of Saint John seront disponibles pour repondre a vos questions
relatives au projet. Le public est invite a venir assister a une seance d'information sur ce
projet a tout moment pendant la periode suivante:
Date: mardi, le 23 janvier, 2024
Lieu: Centre d'interpretation, Parc Rockwood
10, promenade Fisher Lakes
Heure: 151130 — 19h30
Pour obtenir de plus amples renseignements sur ce projet, veuillez communiquer avec
The City of Saint John au (506) 658-4455.
WA
COUNCIL REPORT
M&C No.
2024-018
Report Date
January 17, 2024
Meeting Date
January 22, 2024
Service Area
Utilities and
Infrastructure Services
Her Worship Mayor Donna Noade Reardon and Members of Council
SUBJECT: Public Space at Market Slip — HVAC, Mechanical, Electrical &
Sprinkler Installations for New Enclosed Patios
AUTHORIZATION
Primary Author
Commissioner/Dept. Head
Chief Administrative Officer
Gerald Mattsson
Ian Fogan/Michael Baker
Brent McGovern
RECOMMENDATION
It is recommended that:
A) The value of Contract 2022-081201T: Public Space at Market Slip &
Harbour Passage Extension previously awarded to Maxim Construction
Inc. on August 22, 2022 & April 3, 2023 (value of original contract
increased for added scope), be increased from $15,396,716.99
(including HST) to $16,283,793.18 (including HST) based on the
additional scope of work added to the contract as detailed in this
report; and
B) The Mayor and City Clerk be authorized to execute any necessary
documentation in that regard.
EXECUTIVE SUMMARY
The purpose of this report is to recommend that Council increase the contract
value of the Public Space at Market Slip & Harbour Passage Extension project
to address the increased scope of work added onto the project (i.e. installation
of the enclosed patio HVAC including foundations, patio decking, underground
piping, mechanical, sprinkler, natural gas and electrical).
PREVIOUS RESOLUTIONS
M&C 2021-051: February 22, 2021 — Utility and General Fund — Revised 2021
Capital Programs approved.
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February 22, 2021: M&C 2021-045 - Architectural Services: Loyalist Plaza &
Fundy Quay Harbour Passage Extension, approved.
December 20, 2021: M&C 2021-366 - Contract 2021-083001T: Public Space at
Market Slip — Site Demolition, approved.
August 22, 2022: M&C 2022-272 - Final Contract Value 2021-083001T: Public
Space at Market Slip — Site Demolition, approved.
August 22, 2022: M&C 2022-273 — Contract 2022-081201T: Public Space at
Market Square & Harbour Passage Extension, approved.
April 3, 2023: M&C 2023-089 —Public Space at Market Slip —Supply of Thermal
Wood Handrail and Stainless -Steel Posts & Accessories, approved.
REPORT
The approved 2023 General Fund Capital Program includes a project for the
supply and installation of an HVAC System for outdoor patio at Market Slip,
including design & construction.
Council awarded Maxim Construction Inc. the contract to construct the Public
Space at Market Slip & Harbour Passage Extension as well as added the scope
to supply the thermal wood handrail and stainless steel posts and accessories
in August 2022 & April 2023, respectively. As the design for an HVAC,
mechanical, and electrical system for the enclosed patios was not completed
at the time of the original tender, this work was not included in the awarded
contract.
Maxim Construction Inc. (Maxim) is currently completing the installation of the
enclosed patios and has control over the entire project site. Awarding this
work via a competitive bid process would cause additional financial difficulty
to the current restaurants as the work could not start until Maxim completed
their installation work within their original contract. As a result, Maxim was
issued contemplated change orders for pricing to (1) complete excavation,
underground ventilation piping, and concrete foundations; (2) supply and
install patio decking over top of the HVAC unit, and (3) complete required
mechanical, sprinkler, electrical, and natural gas connections.
Maxim and its subcontractors provided quotations that were reviewed for
fairness and completeness by the designers (Glenn Group and its
subconsultants). After review and negotiations, the cost to perform this work
was finalized at (1) $121,806.91 including HST, (2) $72,829.57 including HST
-3-
and (3) $692,439.71 including HST, respectively. The total value of all three
components is $887,076.19 including HST.
STRATEGIC ALIGNMENT
Market Slip & Harbour Passage Extension is a catalytic project that aligns with
Council's priorities including GROW, MOVE, GREEN, AND BELONG.
SERVICEAND FINANCIAL OUTCOMES
The work includes supply and installation of materials that will be charged
against the 2023 General Fund Capital Program. Assuming acceptance of the
proposals, an analysis has been completed which includes the estimated
amount of work (including purchasing required materials) that will be
performed by the Contractor, Suppliers, and Others. Of note an allowance has
been included in the project net cost value below for estimated architectural
changes due to mechanical and electrical tie ins as well as life safety items.
The analysis is as follows:
Budget $ 500,000.00
Project Net Cost $1,303,639.00
Variance (Shortfall) ($ 803,639.00)
This projected shortfall ($803,639) is proposed to be addressed by the already
approved Common Council recommendation as part of M&C 2023-098. M&C
2023-098 approved the transfer of up to $2 million dollars from the General
Fund Capital Reserve to 2023 General Fund Capital projects requiring
additional funding as part of an overall plan to allow overages to be offset with
available funding.
A comprehensive review of the overall funding for the Market Slip and Fundy
Quay projects is being undertaken and it is expected that a report will be before
Council in the coming months to update Council on overall costs for the project.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
Supply Chain Management was consulted with respect to the contract
revisions contemplated in this report. The New Brunswick Procurement Act
and Regulation 2014-93 permit procuring entities to enter directly into mutual
agreements with suppliers in situations of this nature as follows:
"158(2) So long as a procuring entity is not doing so for the purpose of averting
competition among prospective suppliers or for the purpose of discriminating
against a prospective supplier, a procuring entity may enter into a procurement
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contract with a prospective supplier by mutual agreement in order to procure
the following goods or services:
(i) goods or services resulting from additional deliveries by the original supplier
of goods or services that were not included in the initial procurement, if a
change of supplier for additional goods or services
(i) cannot be made for economic or technical reasons such as
requirements of interchangeability or interoperability with existing
equipment, software, services, or installations procured under the initial
procurement, and
(ii) would cause significant inconvenience or substantial duplication of
costs for the procuring entity."
Supply Chain Management are of the opinion that a change of supplier at this
point would cause significant inconvenience and substantial duplication of
costs and, as such, support the recommendations being put forth.
The City's Finance Department has reviewed this report and agree with the
recommended approach for addressing the projected shortfall.
ATTACHMENTS
N/A
OUI
COMMON COUNCIL REPORT
M&C No.
2024-017
Report Date
December 20, 2023
Meeting Date
January 22, 2024
Service Area
Strategic Services
Her Worship Mayor Donna Noade Reardon and Members of Common Council
SUBJECT. 2024 Insurance Renewal
AUTHORIZATION
Primary Author
Commissioner/Dept. Head
Chief Administrative Officer
Gabriel Fabiyi
Kevin Fudge/Jodie Forgie
J. Brent McGovern
RECOMMENDATION
It is recommended that Common Council authorize to bind the insurance coverage
with BFL Canada Risk and Insurance Services Inc, through our Agent of Record, JM
& CW Hope Grant Ltd. and approve the maximum payment of $1,918,391 detailed
below.
Insurance Premiums of
$1,884,891
Agreed Agency Fee of
$32,000
BFL Canada Fee
$1,500
Payable to JM & CW Hope Grant Ltd.
$1,918,391
EXECUTIVE SUMMARY
The insurance market environment in 2023 witnessed high insurance premiums
due to inflation pressure, rising catastrophic events, labor challenges and high cost
of rebuilding materials and supply chain issues. The insurance renewal premium
reflects an overall increase of 7.95% over the 2023 premium which is partly driven
by average inflationary rate of 7% in 2023, increase in the city property value, 10
years average claims history opposed to 5 years, and 8 additional police
emergency vehicles added to Auto fleet. The increase in premium is within the
projected market average of +5% to +20%.
Once the renewal request is approved, insurance cost will be allocated to various
participating agencies, boards, or commissions. Property and auto premiums are
charged to various department budgets based on the allocated property and
vehicle assigned to each department.
In continuation of cost saving initiative, the city through the Internal Audit
function commenced the reinvestment into the Enterprise Risk Management
(ERM) program in 2023. ERM will be managed and used to identify the city top
WA
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risks and define countermeasures that will mitigate surge in insurance claims and
liability.
There have been reduced number of insurance companies that are willing to cover
municipality liabilities due to municipal regulations and exposure complexities.
The ongoing ERM program will provide better feasibility around the city top risks
and prepare us for request for proposal (RFP) in the future. To cover the city risk,
2024 Insurance Policy renewal is a direct engagement through our Agent of
record.
REPORT
The following table provides the information on the insurance renewal coverage
limits and premiums with a comparison to 2023. Our rating experience continues
to be in the preferred group according to our insurer and Risk Management
approach. The premium increases are largely reflective of the broader insurance
market and given the City's good loss experience, there may be opportunities to
further optimize the insurance purchase to provide better return for taxpayers.
Limits for
Limits for
2023
2024
Coverage
2023
2024
Premium
Premium
General Liability
(including Excess
and Environmental)
50,000,000
50,000,000
525,662
552,049
D&O (Aquatic
Centre)
2,000,000
2,000,000
5,025
5,025
Crime
1,000,000
1,000,000
4,696
4,931
Cyber Liability
None
None
3,170
Nil
Owned Automobile
50,000,000
50,000,000
604,305
644,024
Property and
equipment
475,885,349
514,311,674
547,279
619,584
breakdown
Transit Excess
60,000
59,278
Agency fee
33,500
32,000
BFL Canada fee
1,500
1,500
Total
$1,785,137
1,918,391
Changesfor2024
Below analysis provides further information about changes in the significant
insurance categories: cyber, property, automobile, and transit premium.
4.11
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Cyber Liability
The city will continue self-insurance of cyber risk as the cost of cyber insurance is
still very high. The City is well prepared with the investments made in cyber
defense and currently maintains annual reserve for contingency instead of paying
for insurance that may not fully cover the cyber exposures. The Risk Management
unit will continue to monitor the risk level while we are exploring the insurance
market for better coverage and value for money.
Property Premium
The City's total value of property insured has changed from $475,885,349 to
$514,311,674. The combined effect of increases in property value and an average
rate of inflation in 2023 yields an overall premium increase of 13% instead of 16%
recorded in 2023. This is within the anticipated Canadian market average increase
of +5% to +20% for municipality properties.
The Insurer noted that this is mostly due to market conditions where the annual
cost of catastrophic event has risen from $302.3 Million in 2001 to $3.1 Billion in
2022. Supply chain issues and high inflation rate have negatively impacted the cost
of building or replacing municipal assets. These factors led to an increase in
property coverage premium.
Automobile Premium
The owned automobile rate for individual vehicle classes (fire, police, non -
emergency etc.) have all increased by approximately 6.6%. Considering an
additional 8 police emergency vehicles (by insurance standard), the premium
trend is aligned with applications of automobile insurers where total replacement
cost of automobiles and previous claims drive up cost of insurance renewal.
Transit
A specific Transit Excess Insurance premium that was imposed in 2022 at a
premium of close to $120,000 and was reduced to $60,000 in 2023. The city
further recorded 3.7% premium saving in 2024 insurance renewal and Excess
Transit Automobile premium currently stands at $57,778. This reflects various risk
management initiatives and efficient management of auto claims.
Insurance as Risk Mitigation Strategy
The Enterprise Risk Management (ERM) project is currently ongoing and due to be
completed in 2024. The goal of a successful Enterprise Risk Management program
is to identify and mitigate top risks that may impair strategic objectives and
operations of the city. The ERM program will provide more clarity around some
areas of concerns that require internal efforts to reduce insurance
claims/accidents and evaluate the cost/benefit of continuing to seek insurance or
look at other risk mitigation techniques like self-insurance and using a reserve to
soften large losses.
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A comprehensive ERM program will enhance the ability to identify top risks,
establish appropriate mitigation response, define risk tolerance, enhance business
resilience, efficient allocation, and utilization of city resources.
Internal Audit
Now that internal audit is connected to risk management and insurance functions,
this will create a synergetic approach and better risk management in 2024.
STRATEGIC ALIGNMENT
This expense is necessary to continue to protect the City's Economic Health and
to protect City assets.
SERVICEAND FINANCIAL OUTCOMES
The premium for the renewal of the City of Saint John insurance policy for 2024 is
$1,918,391 plus applicable taxes. This represents a $133,254 increase in premiums
paid from last year.
The proposed 2024 premium for insurance renewal includes insurance brokerage
and Agent of record fees. There is no significant difference in this renewal as the
liability coverage and deductible amount remains the same as last year. The
Insurance cost has been provided for in 2024 operating budget.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
Finance, Fleet and Transit, IT, Public Works, and necessary stakeholders have been
consulted and supportive in the preparation 2024 Insurance Policy renewal.
ATTACHMENTS
N/A
10191
IT JcArlil
COMMON COUNCIL REPORT
M&C No.
2024-025
Report Date
January 17, 2024
Meeting Date
January 22, 2024
Service Area
Public Works and
Transportation Services
Her Worship Mayor Donna Noade Reardon and Members of Common Council
SUBJECT. Vehicle for Hire By-law Change
AUTHORIZATION
Primary Author
Commissioner/Dept. Head
City Manager
Kevin Loughery / Charles
Freake
Michael Hugenholtz / Ian
MacKinnon
J. Brent McGovern
RECOMMENDATION
It is recommended that Common Council:
a) Endorse a permanent adjustment to a ten (10) year age limit for a Taxicab. The
age limit would move from eight (8) years to ten (10) years of age starting with 2015
vehicles.
b) Request that the General Counsel's office make the appropriate changes, to
the Vehicle for Hire By -Law.
EXECUTIVE SUMMARY
In 2018, the Saint John Transit Commission, on behalf of the City of Saint John
assumed responsibility of the day-to-day administration of the Vehicles for Hire
By-law. As per the bylaw;
"Each calendar year during the month of October, the Saint John Transit
Commission shall issue a public notice to commence the annual review
process respecting the rates prescribed for Taxicabs and Limousines in
Schedule "B" to this By-law. Such notice shall state its purpose and provide
to any interested party an open period of thirty (30) days within such
interested parties may provide written submissions respecting whether
schedule "B" should remain unchanged or be amended and, if the latter,
identify what amendments would be in order together with supporting
rationale."
Schedule "B" relates to the provisions applicable to taxicabs and the metered
rates in accordance with the parameters prescribed in this schedule to the By -
Law.
This year a submission was received, outside the above mandate, respecting the
age of the vehicles during this process and the Transit Commission
recommended it be brought forward to Common Council.
Covid-19 has forced significant changes to all businesses across the world,
including the taxi industry. As a result of these continued challenges, the age
amendment is being suggested to help alleviate the negative impact on the taxi
industry and provide some relief respecting the age of vehicles.
PREVIOUS RESOLUTION
N/A
REPORT
Covid-19 has significantly impacted virtually every industry in the world, with
many still reeling from its effects almost four years later, including the taxi
industry. Factory shutdowns due to COVID-19 made for widespread shortages of
parts, filtering down to a historic lack of finished vehicles for sale on dealer lots.
Additionally, the costs of passenger vehicles have seen a significant increase with
an uneasy equilibrium between supply and demand and long delivery times.
Initially, semiconductors were in acutely short supply, a situation that impacted
the availability of everything from iPhones to fridges and cars. Auto
manufacturers focused on using these limited resources to produce larger, more
expensive, and more profitable vehicles, instead of cheaper entry level sedans
with lower margins. While the semiconductor shortage is subsiding, it is still
affecting supply, and in the interim, the price of everything from copper and
aluminum to rubber, steel and labour is sharply higher than previously.
An opportunity exists whereby the Vehicle for Hire By-law could be amended to
provide relief, because of these challenging times. The Vehicle for Hire By -Law
has the following criteria that should be permanently adjusted:
Section 10(1)(i), paragraph (iii) states, "in 2020 and all subsequent years, eight
(8) years old or newer."
It is recommended that for 2024 and all subsequent years that all taxis that are
eight (8) years of age, can now be ten (10) years old or newer. This would mean,
when taxi licenses are renewed in 2024, 2015 cars will not have to be removed
and could be entered into the business.
STRATEGIC ALIGNMENT
One of Councils Priorities is to "Grow". Amending the Vehicle for hire By-law
supports the notion that Saint John wants to ensure the retention of businesses,
K3J
which supports the creation of job opportunities.
SERVICEAND FINANCIAL OUTCOMES
Financially, the amendment to the Vehicle for Hire By -Law has zero negative
impact on the City of Saint John. Notably, the permanent change to the age of
the taxi will provide financial relief to those working in the Taxi Industry, during
the current downturn in the industry and into the future.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
The input from the taxi industry is incorporated into this report.
ATTACHMENTS
N/A
COUNCIL REPORT
M&C No.
2024-008
Report Date
January 15, 2024
Meeting Date
January 22, 2024
Service Area
Utilities and
Infrastructure Services
Her Worship Mayor Donna Noade Reardon and Members of Council
SUBJECT. Community Development Fund Agreement: City of Saint John —
Harbour Passage Expansion
AUTHORIZATION
Primary Author
Commissioner/Dept. Head
Chief Administrative
Officer
Kevin O'Brien
Ian Fogan/Michael Baker
J. Brent McGovern
RECOMMENDATION
It is recommended that the City enter into an Agreement with the Regional
Development Corporation (RDC) for funding under the Province of New Brunswick
Community Development Fund for funding for the City of Saint John — Harbour
Passage Extension project in the form and upon the terms and conditions as
attached; and that the Mayor, CAO and City Clerk be authorized to execute the
said Agreement.
EXECUTIVE SUMMARY
The purpose of this report is to seek Council's approval to enter into an Agreement
with RDC for funding under the Province of New Brunswick Community
Development Fund for the construction of the Harbour Passage Extension on
Sydney Street from Broadview Avenue to Tin Can Beach.
PREVIOUS RESOLUTIONS
May 30, 2022: M&C 2022-191; Utility Fund (Revision 1) and General Fund
(Revision II) — 2022 Capital Programs, approved.
October 3, 2022: M&C 2022-308 — 2022 Bilateral Program Projects — Reserve
Funding & Pre -Approval of 2023 Utility Program Funding, approved.
October 17, 2022: M&C 2022-317 — 2023 and 2024 General and Utility Fund
Capital Budget, approved.
November 14, 2022: M&C 2022-343 —Traffic By-law Amendment Sydney Street
(Broadview Avenue to Vulcan Street) — Removal of Alternate Side On -Street
Parking, 1st and 2 n d readings approved.
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July 24, 2023: M&C 2023-183 — Contract 2022-17: Sydney Street (Broad Street to
Tin Can Beach) — Street Reconstruction and Harbour Passage Extension, contract
awarded.
October 3, 2023: M&C 2023-219 — Traffic By-law Amendment Sydney Street
(Broadview Avenue to Vulcan Street) — Removal of Alternate Side On -Street
Parking, 3rd reading approved.
REPORT
The City of Saint John has been approved for a financial contribution in the amount
of 40% of the eligible expenditures or $428,000 toward the construction of the
Harbour Passage Extension on Sydney Street from Broadview Avenue to Tin Can
Beach.
As per the agreement, the project must be completed, and all claims received by
RDC by March 31, 2024.
The project will result in the following benefits:
• Improved multi -use infrastructure — extending the existing Harbour
Passage multi -use trail to include beach access and creates a safer and
more pedestrian friendly environment.
• Aesthetic and ecological upgrades — integration of street trees, planting
beds, benches and bike racks aligns with Council's GREEN focus. These
elements elevate the visual appeal of the area.
• Economic boost and tourism — carefully designed trail route serves as part
of the tourist attraction for the City, bringing visitors who contribute to the
local economy by spending on accommodations, dining and other services.
STRATEGIC ALIGNMENT
The report aligns with Council's priorities for GROW, MOVE, GREEN, BELONG and
PERFORM, as the project involves the extension of the Harbour Passage multi -use
trail from its current terminus at the Broad Street/Sydney Street intersection
along Sydney Street to Tin Can Beach. In addition, the City obtaining Other Share
funding is fiscally responsible as it leverages available City funding to construct the
extension of the Harbour Passage multi -use trail.
K11.1
-3-
SERVICEAND FINANCIAL OUTCOMES
The City of Saint John will receive a total financial contribution in the amount of
40% of the eligible expenditures or $428,000 toward the Harbour Passage
Extension portion of the project. The City's approved 2022 Capital funding for this
portion of the overall capital project was $635,000 of Canada Community Building
Fund Funding (CCBF) along with $315,000 of City Share funding.
As the City was successful in receiving RDC funding for this work the city will use
the required CCBF funding to make up the City's 60% Share of expenditures. As a
result, the City will be saving all of the City Share funding as well as some of the
CCBF Funding originally allocated to this project. The City Share General Fund
savings of $315,000 will be used to offset future Capital shortfalls while the CCBF
funding that is saved will be reallocated to other future Capital projects.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
The Community Development Fund letter has been reviewed by the General
Counsel's office.
The financial breakdown of the funding was reviewed by the City's Finance
Department, and they are in agreement with how this portion of the project will
be funded.
ATTACHMENT
1. Project No.: 16906 - Agreement with the Regional Development
Corporation for funding under the Province of New Brunswick Community
Development Fund for the City of Saint John — Harbour Passage Extension
project.
KYl
New�7__Nouveau
Brunswick
C A N A D A
December 13, 2023
Her Worship Donna Reardon
Mayor of The City of Saint John
P.O. Box 1971
15 Market Square
Saint John, New Brunswick E2L 41_1
SUEJECT: Project No.: 16906
Project Name: The City of Saint John — Harbour Passage Extension
Dear Mayor Reardon:
We are pleased to inform you that the above -noted project has obtained support from the
Regional Development Corporation (RDC). A financial contribution up to $428,000 for The City
of Saint John (the Applicant) has been approved for this project. Eligible costs and funding for
this project are described in Appendix A.
Reimbursement Procedures
Claims for reimbursement of the contribution must be supported by copies of invoices and proof
of payment of those invoices on forms herein provided. Electronic copies may be obtained at:
www.gnb.ca/rdc.
All payments will be made by electronic funds transfer. Please complete the attached Direct
Deposit Service form.
All claims must be received by RDC on or before March 31, 2024.
Regional Development Corporation/Soclet6 de developpement regional
P.O. Box/C.P. 6000 Fredericton New Brunswick/Nouveau-Brunswick E3B 5H1 Canada
IN
Page 2
Terms and Conditions
No public announcement of funding or milestone events such as official openings and
ribbon -cuttings shall be made by the Applicant without the prior written approval of RDC.
2. The Applicant shall not change the project scope, purpose or eligible costs without prior
written approval of RDC.
3. RDC may refuse further disbursements if there is a materially adverse change in the
financial position of the Applicant or status of the project.
4. The Applicant shall not sell or dispose of any assets purchased under this agreement for a
period of 36 months following the completion of this project without prior written approval
from an authorized representative of RDC.
5. The Applicant shall keep, for 36 months following project completion, all accounting books,
records and statements pertaining to project costs and make these available for auditing
and provide any statistical data required by RDC.
6. The Applicant shall allow any authorized representative of RDC reasonable access to the
project site(s) and information.
7. The Applicant shall indemnify and save harmless the provincial government from and
against all claims, demands, losses, damages, costs of any kind based upon any injury to
or death of a person or damage to or loss of property arising from any willful or negligent
act, omission or delay on the part of the Applicant or its servants or agents in carrying out
the contract.
8. The Applicant must adhere to all labour and environmental laws and regulations.
9. No Members of the Legislative Assembly, their staff, or their immediate family members
shall be a party to this project or derive any benefit arising therefrom.
10. Information and documents provided to RDC may be subject to release under Right to
Information and Protection of Privacy Act.
11. RDC acknowledges the obligation to make the required payments under this agreement.
However, payment of this contribution is subject to appropriation of sufficient funds by the
legislature of the Province of New Brunswick.
12. Any costs incurred prior to April 1, 2023 are not considered eligible expenses under this
offer.
icy]
Page 3
If you are in agreement with the terms and conditions of this offer, please sign and return it and
your Direct Deposit Service form to RDC at rdc-sdr(cD-gnb.ca. Please note that failure to do so
within 45 days renders this offer null and void.
All inquiries with respect to the project are to be forwarded to Francine Scott at 476-0608 or
francine.scott@gnb. ca.
We look forward to the successful completion of this project.
Sincerely, _.
Cade Libby
President
Enc.
CC.' Hon. Arlene Dunn, MLA Saint John Harbour
Francine Scott, Project Executive
This offer accepted on behalf of
The City of Saint John for
Project: 16906 — Harbour Passage Extension
Mayor:
City Manager:
Date:
Appendix A
Project 16906
The City of Saint John — Harbour Passage Expansion
Total Approved Contribution
2023-2024 Community Development Fund
Project Total
Regional Development Corporation will reimburse 40% of eligible costs up to the total approved contribution.
Eligible Cost(s)
$428,000
$428, 000
Storm sewer infrastructure
$98,800
Adjustment of structures
$2,300
Concrete curb & sidewalk
$103,542
Road work
$244,372
Landscaping
$38,375
Street lighting
$221,900
Misc. (fencing, benches, bike racks, etc.)
$140,977
Contaminated soils
$78,750
Consulting fees
$99,340
HST (28.57%)
$44,070
Total
$1,072,426
The portion of Harmonized Sales Tax (HST) refunded by Canada Revenue Agency is considered ineligible.
!II
Regional Development Corporation Claim No:
BNew,4, Nouveaurunswick E3B 5H1
runswick P.O.POBox 6000, Fredericton, New
Community Development Fund Final Claim:
List all eligible project costs with invoices and cheque numbers on this form. Include a copy of each invoice and proof of
payment. Failure to record and support each cost will cause a delay in processing.
Project Number:
Project Narne:
16906
The City of Saint John -Harbour Passage Expansion
Description of costs
Name of Supplier
Cheque
No.
Cheque Amount
Invoice
Total
HST
Total
Eligible & supported costs (total -HST refund)
% of HST refunded by Canada Revenue Aaencv
22.33% - university ® 50% - non-profit organization 100% - other ®0% - none
71.43% - municipality F1
The undersigned hereby certifies that:
a. the invoices above represent eligible project costs that have been paid in full and the work completed; and
b. no other public financial assistance has been received or is to be received for the part of the project against which this
reimbursement is claimed.
i Signature Print Name Date
Title Company Telephone
Eligible & supported costs
Less. previous advance
Add. current advance
L--CITYSJ
Vendor
122820-14-14
122320-14-14
Payment request
For office use only
elaim Reviewer
Project Officer
Payment Authority
4275
account
Date
Date
Claim Auditor
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COMMON COUNCIL REPORT
M&C No.
2024-13
Report Date
January 16, 2024
Meeting Date
January 22, 2024
Service Area
General Counsel
Her Worship Mayor Donna Noade Reardon and Members of Common Council
SUBJECT. Initiate Stop -Up and Closure for a Portion of Red Head Road and Hewitt
Road
AUTHORIZATION
Primary Author
Commissioner/Dept. Head
Chief Administrative Officer
Curtis Langille
Melanie Tompkins
J. Brent McGovern
RECOMMENDATION
1. That the Public Hearing to consider the passing of an amendment to the
Street Closing By-law to Close a portion of Red Head Road, having an area
of 1,441 square meters and a portion of Hewitt Road having an area of 695
square meters, as shown on a Plan of Survey titled, "Plan of Survey
Showing portion of Red Hed Road and Hewitt Road, City of Saint John, Saint
John County, New Brunswick" (attached), be set for Tuesday, February 20,
2024 at 6:30 p.m. in the Council Chamber;
2. That Common Council authorize the publishing of a notice of its intention
to consider the passing of such By-law, identified above;
3. That, if Common Council gives Third Reading to the proposed By -Law
Amendment as noted above that the City sell the property to Ronald and
Brenda Daigle for a purchase price of $2,400.00 plus H.S.T. if applicable,
and that the purchaser be responsible for:
a. any plan of survey required to initiate the process for the stop -up and
closure for a portion of Red Head Road and Hewitt Road; and
b. any fees or administrative processes to effect the conveyance of the
property.
4. That the Mayor and City Clerk be authorized to execute any documents
necessary to effect the transaction.
EXECUTIVE SUMMARY
The owners of the property located at 1530 Red Head Road have requested that
the City of Saint John convey two portions of public street, one being Red Head
Road, having an area of 1,441 square meters and Hewitt Road having an area of
695 square meters for the purpose of consolidating it with their adjoining
property. The two areas of public streets being proposed for stop up and closure
are no longer travelled by the public, are landscaped, and serve no benefit to the
-2-
developed portions of the two streets. They are remnant sections of right-of-way
stemming from the reconfiguration of the intersection of Red Head Road and
Hewitt Road when Red Head Secondary Access Route was developed. The purpose
of this report is to seek Council's approval to initiate the stop -up and closure
process and seek Council's approval to sell the lands to the adjoining property
owner if the decision is made to stop up and close the street.
PREVIOUS RESOLUTION
N/A
REPORT
The owners of the property located at 1530 Red Head Road have requested that
the City of Saint John convey two portions of public street, one being Red Head
Road, having an area of 1,441 square meters and Hewitt Road having an area of
695 square meters for the purpose of consolidating it with their adjoining
property. These portions of the streets being proposed for closure are currently
unused portions of the street right-of-way and are landscaped. They have not
been used as a public right-of-way since Red Head Road was reconfigured to
intersect with Hewitt Road during the Red Head Secondary Access project.
Public Works and Transportation are supportive of the request to close these two
areas of unused street right-of-way as they serve no purpose to the continued
maintenance or operation of these two streets. There is no other public
infrastructure on the lands to be conveyed and staff are supportive of the request
from the adjoining property owners.
STRATEGIC ALIGNMENT
This report aligns with the City's priority of Perform and Grow.
SERVICEAND FINANCIAL OUTCOMES
The proponent will be responsible for all costs related to the process to consider
a stop -up and closure for the two portions of street right-of-way. As the area
intended to be conveyed is only capable of being used for additional landscaped
area, a nominal value for these two areas of $2,400.00 would be paid to the City.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
Public Works and Transportation have indicated there is a municipal ditch in this
area that would need to be maintained. This surface drainage system and suitable
surrounding land for future maintenance of the ditch is not within the area to be
considered for closure.
ATTACHMENTS
1. Location map; and
2. Plan of Survey.
:111
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COUNCIL REPORT
M&C No.
2024-019
Report Date
January 16, 2024
Meeting Date
January 22, 2024
Service Area
Public Works &
Transportation
Her Worship Mayor Donna Reardon and Members of Common Council
SUBJECT. Heather Way Resurfacing/Reconstruction
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Commissioner/Dept. Head
Chief Administrative
Officer
Michael Hugenholtz
Michael Hugenholtz
J. Brent McGovern
RECOMMENDATION
It is recommended that Common Council approve the recommendation to
proceed with the resurfacing of one half of Heather Way and close off the other
side of the median with temporary barricades as outlined in M&C 2024-019.
EXECUTIVE SUMMARY
Asphalt resurfacing was scheduled for Heather Way in 2021 but was postponed
due to questions from Councillors about options for road diets and active
transportation opportunities. Since that time numerous options have been
explored, and staff have returned to Council with a recommendation most
recently in November 2023 which was not supported.
It is clear that after several debates at Council, and follow-up discussions with
individual Councillors that there remains an interest in consolidation of traffic on
one side of the median. Staff are recommending that resurfacing of one side of
the road proceed in 2024 to protect the asset in accordance with our pavement
management program, and that the other side be blocked of with precast
concrete barricades until a permanent solution can be devised and implemented.
REPORT
Background
Heather Way is a four -lane roadway in East Saint John running between Hickey
Road and Grandview Avenue . It is built with two vehicle lanes in each direction
!E:3
-2-
separated by a centre median and a fifth lane in breaks in the median for left -
turning traffic (similar to University Avenue). There are residential
neighbourhoods to the east and west of this road and is made up predominately
of single family homes and townhouses. This differs slightly from the University
Avenue corridor in that regard as the latter is part of the Campus -Harbour
Connection (designated cycling route) and see a much higher volume of traffic
including commercial driveways and anchored by the University and Regional
Hospital.
Based on the measured traffic volumes on Heather Way, a two-lane road has
sufficient capacity to offer a good level of service for vehicle traffic for the
foreseeable future. There is a concrete sidewalk on both sides of the street,
separated from traffic by a grass median.
Our Move SJ Cycling strategy does not identify the need for a cycling route along
Heather Way. There are no cycling facilities on either Grandview Avenue or Hickey
Road.
Public Consultation
City staff held a virtual community meeting on June 30, 2021 to solicit feedback
from the local residents on potential options for re -imaging this street. Only five
community members participated in the meeting. The virtual meeting was also
saved and provided on the City's website following the meeting with a further 23
community members providing feedback via e-mail. The meeting included a
presentation by City staff where context and a series of potential options for
Heather Way's layout with pros and cons of each were provided to help generate
discussion and feedback.
During the community meeting there was no consensus on what, if any changes,
should occur for Heather Way. There were suggestions related to closing a portion
of the street temporarily for community events. Some concerns were expressed
with reducing space for vehicle traffic during limited times where major work is
scheduled at the near by Irving Oil refinery. Some comments related to improving
Active Transportation beyond Heather Way were provided.
Similarly, there was no consensus on a single approach among the 23 written e-
mail responses. There were some who did appear to consolidate on the idea of
buffered bike lanes if an option were chosen to add cycling facilities. However,
there were others who commented that spaces should be maintained as is for
motorists with some indications that improved pedestrian crossings, as opposed
to cycling facilities, should be the focus. It appeared some respondents may have
had a stronger opinion that cycling infrastructure should be added if it connected
to a broader cycling route, which it does not.
!Loll
-3-
In summary, there was not a general consensus from feedback provided at the
meeting or in follow-up correspondence on what, if any changes to Heather Way,
should be implemented.
Options Considered
Status Quo: this would see the road resurfaced and all lanes remain dedicated to
vehicle traffic. The cost to resurface all four lanes would be approximately
$630,000 based on updated pricing. It is anticipated that this would be a recurring
cost every 15-20 years.
Addition of Bike Lanes: this option would see the full road resurfaced and one
lane in each direction designated as a buffered bike lane. This would be similar to
the approach taken on University Avenue but without the delineators or
removable bollards. There would be some modest costs associated with installing
signage and the annual painting of bike symbols. The presence of bike lanes will
also have a traffic calming effect by reducing vehicle lanes from two to one in each
direction. This is not aligned with Move SJ and would not connect in to a larger
network.
'Green' One Side of Road: this option would see all vehicle traffic moved to one
side of the existing median, with the other side being turned into greenspace. The
scope of work would include:
• Removal of existing asphalt, curbs, and catch basins on one side of the
median
• Adjust manholes, valve boxes and other structures to new elevation
• Place new topsoil and hydroseed
• Adjust catchbasin locations, construct new curb at location of cross streets
This option would require a one-time investment of $1.3 million. This is reflective
of the high tender prices received in recent construction tenders. There would be
savings from having to resurface the asphalt on two lanes: approximately
$315,000 every 15-20 years.
In addition to the capital cost implications, the various options for this area also
have differing cost implications for the long term. When we look at costs on a
macro level the cost for winter and summer maintenance on our streets is
approximately $12,000/lane-km, or a total of $24,000 for the street on one side
of the centre median. These costs are not very scalable however, and it is likely
that the only hard dollar savings would be in consumables (Le asphalt, fuel) which
would be very minor. Whatever the ultimate treatment of the abandoned right-
of-way, there would likely be some maintenance costs that would offset any
savings.
Redevelopment or Sale of Right -of -Way: Staff looked at the option for the sale
or redevelopment of the remaining right-of-way should traffic be consolidated on
67i]
-4-
one side of the median. In speaking with both Growth & Community Services and
our Real Estate teams this is not seen as a viable option. The lot depths in the
nearby neighbourhood varies between 30 — 40m, whereas the remnant right-of-
way has only a depth of 10-12m. There are also underground infrastructure in
place which would limit the ability to make effective use of the remaining space.
For this reason this options has been ruled out as being impractical.
Interim Measure (RECOMMENDED): This option would see the street on the east
side of the centre median abandoned, with the traffic consolidated on the
remaining side. The east side would be blocked off using signage and precast
barriers at an estimated one-time cost of up to $50,000. Staff would try to
minimize this cost by redeploying barriers from elsewhere.
Staff would re-engage with the local community in another attempt to generate
options for the creative use of the abandoned street. Staff would also engage with
ACAP and other stakeholders to generate additional options for the ultimate
treatment of this area.
This option would crystallize the savings from not resurfacing half of the roadway
while keeping all options on the table for future investment. If there was strong
community consensus for the treatment of this space staff would return to Council
for endorsement at a later date, and refer the project to the capital planning
process.
STRATEGIC ALIGNMENT
This report best aligns with Common Council's priority of Perform.
SERVICEAND FINANCIAL OUTCOMES
The resurfacing of the west side of Heather Way will be done as part of our
annual street resurfacing program which is jointly funded through our 2024
General Capital Budget and the 2024 General Operating Budget. The changes to
the line painting and signage as well as the purchase of any required concrete
barriers would be funded through regular operations.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
A summary of the public consultation results have been included above. Staff
from Growth & Community Services and Real Estate Services were consulted as
part of this work and are in support of the recommendations.
51
Staff Recommendation for Council Resolution
Property: 89-91 Red Head Road
Public Hearing, 1" Reading and 2nd Reading was held on December 11, 2023
3rd Reading: January 22, 2024
Item:
Required:
Recommendation
(Y/N)
Municipal Plan
No
Amendment
Zoning By -Law
Yes
That Common Council give 3rd reading to an Amendment to
Amendment
the Zoning by-law which rezones piece of land having an
area of approximately 319 square metres, located at 91 Red
Head Road, also identified as PID Number 00344457, from
Two -Unit Residential (1112) to General Commercial (CG).
Recission of
Yes
That Common Council, pursuant to the provisions of Section
Previous s. 39/s.
59 of the Community Planning Act, rescind the conditions
59 Conditions
imposed on the May 28, 1986, rezoning, for the parcel of
land having an area of approximately 2,847.26 square metres,
located at 91 Red Head Road, also identified as PID Number
00344457, stating:
a. A solid fence of no less than 2 metres in height be
erected beginning at the existing storage shed and
running parallel to the property line to a point ending
opposite the back of the repair shop, as shown on
sketch entitled "Revised May 14/86", and that this
fence be completed before June 30, 1986, and further
thana sign be erected near the entrance to the
driveway identifying the name of the business or Mr.
Hogan's name; and
b. The hours of operation of the motorcycle shop be 9
a.m. to 5 p.m., Monday to Friday, and 9 a.m. to 12
noon on Saturday.
Section 59
No
Conditions
Section 59
No
Agreement
Section 131
No
Agreement
61
Other I No
6v
BY-LAW NUMBER C.P. 111-159
A LAW TO AMEND THE ZONING BY-
LAW OF THE CITY OF SAINT JOHN
Be it enacted by The City of Saint John in
Common Council convened, as follows:
The Zoning By-law of The City of Saint John
enacted on the fifteenth day of December, A.D
2014, is amended by:
Amending Schedule "A", the Zoning Map of The
City of Saint John, by rezoning a piece of land
having an area of approximately 319 square
metres, located at 91 Red Head Road, also
identified as PID Number 00344457, from Two -
Unit Residential (R2) to General Commercial
(CG).
all as shown on the plan attached hereto and
forming part of this by-law.
IN WITNESS WHEREOF The City of Saint John
has caused the Corporate Common Seal of the
said City to be affixed to this by-law the **th day
of ****, A.D. 2024 and signed by:
ARRETE NO C.P. 111-159
ARRETE MODIFIANT L'ARRETE DE
ZONAGE DE THE CITY OF SAINT
JOHN
Lors d'une reunion du conseil communal,
The City of Saint John a decrete ce qui suit
L'arrete sur le zonage de The City of Saint
John, decrete le quinze (15) decembre 2014,
est modifie par :
La modification de I'annexe «A» , Plan de
zonage de la ville de Saint John, permettant
de modifier la designation pour une parcelle
de terrain d'une superficie d'environ 319
metres carres, situe au 91 chemin Red
Head, egalement identifie comme NID
00344457, du zone residentielle bifamiliale
(R2) a zone commerciale generale (CG).
toutes les modifications sont indiquees sur le
plan ci-joint et font partie du present arrete.
EN FOI DE QUOI, The City of Saint John a
fait apposer son sceau communal sur le
present arrete le ******* 2024, avec les
signatures suivantes:
Mayor/Maire
City Clerk/Greffier communal
First Reading — December 11, 2023 Premiere lecture — le 11 decembre 2023
Second Reading — December 11, 2023 Deuxieme lecture — le 11 decembre 2023
Third Reading — Troisieme lecture —
6'iI
GROWTH & COMMUNITY DEVELOPMENT SERVICES
SERVICE DE LA CROISSANCE ET DU DEVELOPPEMENT COMMUNAUTAIRE
REZONING / REZONAGE
Amending Schedule "A" of the Zoning By -Law of The City of Saint John
Modifiant Annexe «A» de I'Arrete de zonage de The City of Saint John
�a
a
m
a
.............
FROM / DE
Two -Unit Residential
Zone residentielle R2 ® CG
bifamiliale
TO / A
General Commercial
Zone commerciale
generale
Applicant: Joe Roberts
Location: 89-91 Red Head Road
PID(s)/NIP(s): 00344457 (portion)
Considered by P.A.C./Considers par le C.C.U.: November 21 novembre, 2023
Enacted by Council/Approuve par le Conseil:
Filed in Registry Office/Enregistre le:
By -Law #/Arrete #:
Drawn by/Creee par: Andrew Pollock Date drawn/Carte creee: December 13 decembre, 2023
55
f{F J err J.
COMMON COUNCIL REPORT
M&C No.
2024-022
Report Date
January 16, 2024
Meeting Date
January 22, 2024
Service Area
Public Works and
Transportation Services
Her Worship Mayor Donna Noade Reardon and Members of Common Council
SUBJECT. McNamara Drive Speed Limit Reduction
AUTHORIZATION
Primary Author
Commissioner/Dept. Head
Chief Administrative Officer
Tim O'Reilly
Michael Hugenholtz
J. Brent McGovern
RECOMMENDATION
Your Chief Administrative Officer recommends Common Council approve 1st and
2nd Readings of the Amendment to the City's Traffic By -Law that is attached to
M&C 2024-022.
EXECUTIVE SUMMARY
Speed Cushions were installed on McNamara Drive in the Fall of 2023. These
traffic calming devices caused the average speed of vehicles to reduce from 48
KM/H to 39 KM/H. With the average speed now below 40 KM/H, City staff
believe it is justified to recommend the maximum speed limit of this street be
reduced from 50 KM/H to 40 KM/H. The recommendations of this report being
adopted, followed by installation of signage, would result in the speed limit of
McNamara Drive becoming 40 KM/H.
PREVIOUS RESOLUTION
Common Council endorsed in principle the official resolution recommended in
this report at its last (January 8, 2024) meeting.
STRATEGIC ALIGNMENT
This report aligns with:
• Common Council's MOVE priority, specifically contributing to the
outcome "Connect neighbourhoods with safe, accessible, and integrated
transportation options", and
• MoveSJ, the City's Transportation Plan
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
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The General Counsel's Office has placed the attached amendment in proper and
translated format.
ATTACHMENTS
Traffic By -Law Amendment for Common Council's consideration.
61YA
A BY-LAW TO AMEND A BY-LAW
RESPECTING THE TRAFFIC ON STREETS
IN THE CITY OF SAINT JOHN, BY-LAW
NUMBER MV-10.1, AND AMENDMENTS
THERETO
ARRETE MODIFIANT L'ARRETE
RELATIF A LA CIRCULATION DANS LES
RUES DE THE CITY OF SAINT JOHN,
ARRETE NUMERO MV-10.1, ET
MODIFICATIONS AFFERENTES
Be it enacted by the Common Council of Lors d'une reunion du conseil municipal,
The City of Saint John as follows: The City of Saint John a decrete ce qui suit:
A By-law of The City of Saint John
entitled "A By-law respecting the Traffic On
Streets in The City of Saint John, By-law Number
MV-10.1" and amendments thereto, enacted on
the 71h day of October, A.D. 2019, is hereby
amended as follows:
1. Schedule "L-2" — 40 km/h Speed Limits is
amended by adding the following words under the
following headings:
Street Limits
McNamara Entire Length
Drive
IN WITNESS WHEREOF The City of Saint John
has caused the Corporate Common Seal of the
said City to be affixed to this by-law the day
of , A.D., 2024 signed by:
Par les presentes, 1' arrete de The City of
Saint John intitule « Arrete relatif a la circulation
dans les rues de The City of Saint John, Arrete
numero MV-10.1 » et modifications afferentes,
decrete le 7e jour d'octobre 2019, est modifie
comme suit:
1. L' annexe « L-2 » — Vitesses Maximales
Autorisees de 40 km/h est modifiee par
1' adj onction des mots suivants sous les titres
suivants :
Rue Limites
Promenade sur toute sa
McNamara longueur
EN FOI DE QUOI, The City of Saint John a fait
apposer son sceau municipal sur le present arrete
le 2024, avec les signatures
suivantes :
Mayor / maire
City Clerk / greffier de la municipalite
First Reading - Premiere lecture -
Second Reading - Deuxieme lecture -
Third Reading - Troisieme lecture -
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COUNCIL REPORT
M&C No.
2024-020
Report Date
January 16, 2024
Meeting Date
January 22, 2024
Service Area
Utilities and
Infrastructure Services
Her Worship Mayor Donna Noade Reardon and Members of Council
SUBJECT. The Cove — Funding Agreement
AUTHORIZATION
Primary Author
Commissioner/Dept. Head
Chief Administrative Officer
Jill DeMerchant
Ian Fogan/Michael Baker
J. Brent McGovern
RECOMMENDATION
It is recommended that the City enter into the Active Transportation Fund
Contribution Agreement in the form as attached to M&C No. 2024-020 with His
Majesty the King in Right of Canada, as represented by the Minister of
Infrastructure and Communities for funding under the Permanent Public Transit
Program —Active Transportation Fund for the project entitled "The Cove" and that
the Mayor and City Clerk be authorized to execute said Agreement.
EXECUTIVE SUMMARY
The purpose of this report is to seek Council's approval to enter into an Agreement
for funding under the Active Transportation Fund for costs associated with the
installation of the new section of Harbour Passage on the City's west side, titled
"The Cove".
PREVIOUS RESOLUTIONS
M&C 2023-238; Revised 2024 General and Utility Fund Capital Programs,
approved October 30, 2023.
REPORT
The Active Transportation Fund will reimburse the City for costs associated with
the design and construction of a new section of Harbour Passage, referred to as
"The Cove". This section, which will extend along Saint John Harbour between
Fallsview Drive and Riverview Drive, will be approximately400m in length and will
consist of a paved surface with overhead lighting. The trail will be wheelchair
accessible and will allow use for all modes of active transportation, including
walking and cycling.
611%]
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The City of Saint John has been approved for a financial reimbursement in the
amount of 60% of the eligible expenditures or $813,540 toward this project.
As per the agreement, the project must be completed, and all claims received by
the Government of Canada by February 28, 2026.
It is anticipated that the design and tendering of the project will be completed in
2024, with construction of the project to be completed in 2025.
The new section of trail will significantly improve the functionality of the existing
Harbour Passage trail system and will provide another safe and equitable piece of
active transportation infrastructure on the west side of the City.
STRATEGIC ALIGNMENT
The project aligns with Council's priority to MOVE as it will provide a pedestrian
connection along a primary corridor within the City. The City is also being fiscally
responsible through the generation of funding from other Levels of Government.
SERVICEAND FINANCIAL OUTCOMES
The City of Saint John will receive a total financial contribution of up to $813,540
or 60% of eligible costs toward "The Cove" project. The total cost for the project
is estimated to be approximately $1,495,000. As a result, the required City
contribution is approximately $598,000. City Share funding of $440,000 is
approved under the 2024 General Fund Capital Budget. The projected $158,000
shortfall in City Share funding will be addressed once the project is fully designed
and a more accurate engineers' estimate is completed.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
The Active Transportation Fund Contribution Agreement has also been reviewed
by the General Counsel's office.
The City's Finance Department has reviewed the proposed funding breakdown
and is in agreement.
ATTACHMENT
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Agreement with His Majesty the King in Right of Canada for funding under the
Permanent Public Transit Program — Active Transportation Fund for the project
entitled "The Cove"
AI
CANADA — THE CITY OF SAINT JOHN
PERMANENT PUBLIC TRANSIT PROGRAM -ACTIVE TRANSPORTATION FUND
CONTRIBUTION AGREEMENT FOR THE COVE
This 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 Infrastructure and Communities,
hereinafter referred to as the Minister of Intergovernmental Affairs,
Infrastructure and Communities ("Canada")
AND THE CITY OF SAINT JOHN, a body corporate by Royal Charter of
1785, confirmed and amended by Acts of the Legislature of the
Province of New Brunswick (the "Recipient"),
individually referred to as a "Party" and collectively referred to as the "Parties".
RECITALS
WHEREAS the Active Transportation fund is the first federal fund to target active
transportation. It is making $400 million in federal funding available over 5 years to
support a modal shift away from cars and toward active transportation, in support of
Canada's National Active Transportation Strategy;
WHEREAS the Minister of Intergovernmental Affairs, Infrastructure and Communities is
responsible for the Program entitled the Permanent Public Transit Program — Active
Transportation Fund ("the Program");
WHEREAS the Recipient has submitted to Canada a proposal for the funding of the
Project which qualifies for support under the Program;
WHEREAS Canada provided a letter on December 23, 2022 to the City of Saint John
indicating an approval -in -principle of funding of the project proposal enabling the City of
Saint John to begin undertaking project activities eligible for funding and subject to
finalizing a contribution agreement with Canada;
AND WHEREAS the Recipient is responsible for carrying out the Project and Canada
wishes to provide financial support for the Project and its objectives;
NOW THEREFORE, the Parties agree as follows:
1. INTERPRETATION
1.1 DEFINITIONS
In addition to the terms defined in the recitals and elsewhere in this Agreement, a
capitalized term has the meaning given to it in this Section.
"Agreement" means this contribution agreement and all its schedules, as may be
amended from time to time.
"Agreement End Date" means March 31, 2026.
"Asset" means any real or personal property or immovable or movable asset
acquired, purchased, constructed, rehabilitated or improved, in whole or in part,
with funds contributed by Canada under the terms and conditions of this
Agreement, including but not limited to any Non -owned Asset.
"Asset Disposal Period" means the period commencing from the Effective Date
and ending five (5) years after the Project Completion Date.
"Communications Activity" or "Communications Activities" means, but is
not limited to, public or media events or ceremonies including key milestone
events, news releases, reports, web and social media products or postings,
blogs, news conferences, public notices, physical and digital signs, publications,
success stories and vignettes, photos, videos, multi -media content, advertising
ACTIVE TRANSPORTATION FUND - CONTRIBUTION AGREEMENT FOR THE COVE
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campaigns, awareness campaigns, editorials, multi -media products and all
related communication materials under this Agreement.
"Contract" means an agreement between the Recipient and a Third Party
whereby the latter agrees to supply a product or service to the Project in return
for financial consideration.
"Declaration of Substantial Completion" means a declaration in the form
substantially prescribed in Schedule F (Declaration of Substantial Completion).
"Effective Date" means the date of last signature of this Agreement.
"Eligible Expenditures" means those costs incurred that are directly related to
the Project and which are considered eligible by Canada as set out in Schedule
A (Eligible and Ineligible Expenditures).
"Final Claim Date" means February 28, 2026.
"Fiscal Year" means the period beginning April 1 of a year and ending March 31
of the following year.
"Interim Report" means the report described in Schedule C.1.
"Joint Communications" means events, news releases and signage that relate
to the Agreement and are collaboratively developed and approved by the Parties
and are not operational in nature.
"Non -Owned Assets" means an Asset to which the Recipient does not hold the
title and ownership.
"Project" means the project as described in Schedule B (The Project).
"Project Approval Date" means December 22, 2022 which is the date indicated
by Canada in writing to the Recipient following Canada's approval in principle of
the Project.
"Project Completion Date" means the date at which all funded activities of the
Project under this Agreement have been completed and which must be no later
than October 31, 2025.
"Substantial Completion Date" means the date at which the Project can be
used for its intended use as described in Schedule B.1 (Project Description) as
will be set out in Schedule F (Declaration of Substantial Completion).
"Third Party" means any person or legal entity, other than a Party, who
participates in the implementation of the Project by means of a Contract.
"Total Financial Assistance" means funding from all sources towards Eligible
Expenditures of the Project, including funding from the Recipient and federal,
provincial, territorial, and municipal governments as well as funding from all other
sources.
1.2 ENTIRE AGREEMENT
This Agreement comprises the entire agreement between the Parties in relation
to the subject of the Agreement. No prior document, negotiation, provision,
undertaking or agreement has legal effect, unless incorporated by reference into
this Agreement. No representation or warranty express, implied or otherwise, is
made by Canada to the Recipient except as expressly set out in this Agreement.
1.3 DURATION OFAGREEMENT
This Agreement will be effective as of the Effective Date and will terminate on the
Agreement End Date subject to early termination in accordance with this
Agreement.
1.4 SCHEDULES
The following schedules are attached to, and form part of this Agreement:
Schedule A —
Eligible and Ineligible Expenditures
Schedule B —
The Project
Schedule C
— Reporting Requirements
Schedule D
— Certificate(s) of Compliance for Claims
Schedule E —
Communications Protocol
Schedule F — Declaration of Substantial Completion
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2. PURPOSE OF AGREEMENT
The purpose of this Agreement is to establish the terms and conditions whereby
Canada will provide funding to the Recipient for the Project.
3. OBLIGATION OF THE PARTIES
3.1 CONTRIBUTION BY CANADA
a) Canada agrees to pay a contribution to the Recipient of not more than sixty
percent (60%) of the total Eligible Expenditures for the Project but only up to
a maximum of eight hundred thirteen thousand five hundred forty dollars
($813,540).
b) Canada will pay the contribution in accordance with the terms and conditions
of this Agreement and the Fiscal Year breakdown in Schedule B.2 (Project
Budget).
c) If Canada's total contribution towards the Project exceeds sixty percent (60%)
of the Project's total Eligible Expenditures or if the Total Financial Assistance
received or due in respect of the total Project costs exceeds one hundred
percent (100%) thereof, Canada may recover the excess from the Recipient
or reduce its contribution by an amount equal to the excess.
d) The Parties acknowledge that Canada's role in the Project is limited to
making a financial contribution to the Recipient for the Project and that
Canada will have no involvement in the implementation of the Project or its
operation. Canada is neither a decision -maker nor an administrator to the
Project.
3.2 COMMITMENTS BY THE RECIPIENT
a) The Recipient will complete the Project in a diligent and timely manner, as
per the Project details outlined in Schedule B (The Project), within the costs
and deadlines specified in this Agreement and in accordance with the terms
and conditions of this Agreement.
b) The Recipient will be responsible for all costs of the Project including cost
overruns, if any.
c) The Recipient will repay to Canada any payment received for disallowed
costs, and all ineligible costs, surpluses, unexpended contributions and
overpayments made under and according to the terms and conditions of this
Agreement.
d) The Recipient will inform Canada promptly of the Total Financial Assistance
received or due for the Project.
e) During the Asset Disposal Period, the Recipient will ensure that it acquires,
secures and maintains all necessary rights, interests, permissions, permits,
licences, approvals, registrations, and any other authorizations, to carry out
the Project and to provide the ongoing operation, maintenance, and repair of
any Asset in relation to the Project as per appropriate standards.
f) Canada may request that the Recipient declare to Canada any amounts
owing to the federal Crown, under legislation or contribution agreements that
constitute an overdue debt. The Recipient recognizes that any such amount
owing is a debt due to the federal Crown and may be set-off by Canada in
accordance with Section 19.6 (Set-off by Canada).
g) The Recipient will inform Canada immediately of any fact or event that could
compromise wholly or in part the Project.
h) During the Asset Disposal Period the Recipient will ensure:
that it acquires, secures and maintains all necessary rights, interests,
permissions, permits, licences, approvals, registrations, and any other
authorizations, to carry out the Project and to provide the ongoing
operation, maintenance, and repair of any Asset, in accordance with
this Agreement; and,
the ongoing operation, maintenance, and repair any Asset as per
appropriate standards.
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3.3 APPROPRIATIONS AND FUNDING LEVELS
Notwithstanding Canada's obligation to make any payment under this
Agreement, this obligation does not arise if, at the time when a payment under
this Agreement becomes due, the Parliament of Canada has not passed an
appropriation that is sufficient and constitutes lawful authority for making the
payment. Canada may reduce or terminate any payment under this Agreement in
response to the reduction of appropriations or departmental funding levels in
respect of transfer payments, the program under which this Agreement was
made or otherwise, as evidenced by any appropriation act or the federal Crown's
main or supplementary estimates expenditures. Canada will promptly advise the
Recipient of any reduction or termination of funding once it becomes aware of
any such situation. Canada will not be liable for any direct, indirect,
consequential, exemplary or punitive damages, regardless of the form of action,
whether in contract, tort or otherwise, arising from any such reduction or
termination of funding.
3.4 FISCAL YEAR BUDGETING
a) The amount of the contribution payable by Canada for each Fiscal Year of
the Project is set out in Schedule B.2 (Project Budget).
b) If the actual amount payable by Canada in respect of any Fiscal Year of the
Project is less than the estimated amount in Schedule B.2 (Project Budget),
the Recipient may request that Canada re -allocate the difference between the
two amounts to a subsequent Fiscal Year. Subject to Section 3.3
(Appropriations and Funding Levels), Canada agrees to make reasonable
efforts to accommodate the Recipient's request. The Recipient acknowledges
that requests for re -allocation of Project funding will require appropriation
adjustments or federal Crown approvals.
c) In the event that any requested re -allocation of Project funding is not
approved, the amount of Canada's contribution payable pursuant to Section
3.1 (Contribution by Canada) may be reduced by the amount of the
requested re -allocation. If the contribution payable by Canada pursuant to
Section 3.1 (Contribution by Canada) is so reduced, the Parties agree to
review the effects of such reduction on the overall implementation of the
Project and to adjust the terms and conditions of this Agreement as
appropriate.
3.5 CHANGES DURING THE LIFE OF THE PROJECT
a) Where a change to this Agreement is contemplated, the Recipient will submit
to Canada a request for a change.
b) Where the change is approved by Canada, the Parties will execute the
corresponding amendment to the Agreement in accordance with Section
19.14 (Amendments).
3.6 INABILITY TO COMPLETE PROJECT
If, at any time during the term of this Agreement, one or all of the Parties
determine that it will not be possible to complete the Project for any reason, the
Party will immediately notify the other Party of that determination and Canada
may suspend its funding obligation. The Recipient will, within thirty (30) business
days of a request from Canada, provide a summary of the measures that it
proposes to remedy the situation. If Canada is not satisfied that the measures
proposed will be adequate to remedy the situation, then this will constitute an
Event of Default under Section 16 (Default) and Canada may declare a default
pursuant to Section 16 (Default).
3.7 CONDITION PRECEDENT
a) Condition(s)
The Recipient agrees that Canada has no obligation to make payments under
this Agreement unless and until:
i. In respect of an Asset, the Recipient secures and confirms to Canada
the necessary rights or interests in the real property associated with
that Asset.
The Recipient has provided, and Canada has accepted, confirmation
that all funding required to complete the Project has been secured.
b) Remedy
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In the event that the Recipient is unable to meet the conditions set out in
Section 3.7 (a) (Condition(s)), Canada may terminate the Agreement. Canada
will not be liable for any direct, indirect, consequential, exemplary or punitive
damages, regardless of the form of action, whether in contract, tort or
otherwise, arising from the termination of the Agreement.
4. RECIPIENT REPRESENTATIONS AND WARRANTIES AND
UNDERTAKINGS'
The Recipient represents and warrants to Canada that:
a) the Recipient has the capacity and authority to enter into and execute this
Agreement as duly authorized by Resolution of Common Council of the City
of Saint John, dated November 27, 2023;
b) the Recipient has the capacity and authority to carry out the Project;
c) the Recipient has the requisite power to own the Assets or it has or will have
secured all necessary rights, interests, and permissions in respect of the
Assets, during the Asset Disposal Period;
d) this Agreement constitutes a legally binding obligation of the Recipient,
enforceable against it in accordance with its terms and conditions;
e) all information submitted to Canada as set out in this Agreement is true,
accurate, and was prepared in good faith to the best of its ability, skill, and
judgment;
f) any individual, corporation or organization that the Recipient has hired, for
payment, who undertakes to speak to or correspond with any employee or
other person representing Canada on the Recipient's behalf, concerning any
matter relating to the contribution under this Agreement or any benefit
hereunder and who is required to be registered pursuant to the federal
Lobbying Act, is registered pursuant to that Act;
g) the Recipient has not and the Recipient will ensure that the Recipient will not
make a payment or other compensation that is contingent upon or is
calculated upon the contribution hereunder or the negotiation of the whole or
any part of the terms and conditions of this Agreement to any individual, or
corporation or organization with which that individual is engaged in doing
business with, who is registered pursuant to the federal Lobbying Act;
h) there are no actions, suits, investigations or other proceedings pending or, to
the knowledge of the Recipient, threatened and there is no order, judgment or
decree of any court or governmental agency which could materially and
adversely affect the Recipient's ability to carry out the activities contemplated
by this Agreement. The Recipient will inform Canada immediately if any such
action or proceedings are threatened or brought during the term of this
Agreement; and
i) the Recipient is in good standing under the laws of the jurisdiction in which it
is required to be registered.
5. INTENTIONALLY OMITTED
6. CONTRACT PROCEDURES
6.1 AWARDING OF CONTRACTS
a) The Recipient will ensure that Contracts are awarded in a way that is
transparent, competitive, consistent with value -for -money principles, or in a
manner that is otherwise acceptable to Canada, and if applicable, in
accordance with the Canadian Free Trade Agreement and international trade
agreements.
1 This section is a standard clause for contracts. Reps and warranties are statements by which one party gives certain
assurances to the other, and on which the other party may rely. A representation is commonly a declaration of a specific
fact that can be verified to be true or not, e.g., "recipient represents that it is a corporation duly organized and validly
existing underthe laws of the state of Delaware." A warranty may be more of an assurance, e.g. "lobbying". Canada may
rely on certain remedies if the representations and warranties are not accurate or are not fulfilled.
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b) If Canada becomes aware that a Contract is awarded in a manner that is not
in compliance with the foregoing, upon notification to the Recipient, Canada
may consider the expenditures associated with the Contract to be ineligible.
c) In addition to any other remedy available to Canada under this Agreement, if
Canada considers the expenditures associated with a Contract to be
ineligible under Section 6.1(b), the Recipient shall repay to Canada any funds
that have been paid for Eligible Expenditures in relation to the Contract, at
Canada's discretion.
6.2 CONTRACT PROVISIONS
The Recipient will ensure that all Contracts are consistent with, and incorporate,
the relevant provisions of this Agreement. More specifically but without limiting
the generality of the foregoing, the Recipient agrees to include terms and
conditions in all Contracts to ensure that:
a) the Third Party will keep proper and accurate financial accounts and records,
including but not limited to its contracts, invoices, statements, receipts, and
vouchers, in respect of the Project for at least six (6) years after the
Agreement End Date and that the Recipient has the contractual right to audit
them;
b) all applicable labour, environmental, and human rights legislation are
respected; and
c) Canada and its designated representatives, to the extent permitted by law,
will at all times be permitted to inspect the terms and conditions of the
Contract and any records and accounts respecting the Project and will have
free access to the Project sites and to any documentation relevant for the
purpose of audit.
7. ENVIRONMENTAL AND IMPACT ASSESSMENT
7.1 REQUIREMENTS UNDER APPLICABLE FEDERAL ENVIRONMENTAL
OR IMPACT ASSESSMENT LEGISLATION
The Recipient represents and warrants that there are no requirements under
applicable federal environmental or impact assessment legislation for the Project.
7.2 CHANGES TO PROJECT OR OTHERWISE
a) If, as a result of changes to the Project or otherwise, Canada is of the opinion
that the Project is subject to federal environmental or impact assessment
legislation, the Recipient agrees that construction of the Project or any other
physical activity to be carried out in relation to the Project, including site
preparation or vegetation removal, will not be undertaken or will be
suspended unless and until the legislative requirements are met and continue
to be met.
b) The Recipient also agrees that no funds or additional funds for any Eligible
Expenditure for the Project will become or will be payable by Canada to the
Recipient unless and until the legislative requirements are met and continue
to be met.
c) Canada may consent in writing that construction or any other physical
activity, including site preparation or vegetation removal, be carried out for
the portion of the Project not subject to federal environmental or impact
assessment and that funds or additional funds for any Eligible Expenditure
will be payable by Canada for the portion of the Project not subject to federal
environmental or impact assessment.
8. INDIGENOUS CONSULTATION
8.1 INDIGENOUS CONSULTATION
The Recipient agrees that:
a) it will consult with Indigenous communities that might be affected by the
Project. Specifically, it will
explain the Project to the Indigenous communities, including Canada's
funding role, and
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provide a report to Canada, which will include:
1) a list of all Indigenous communities contacted;
2) a summary of all communications with the Indigenous
communities;
3) a summary of any issues or concerns that the Indigenous
communities have raised, how they were addressed, and any
outstanding concerns; and
4) any other information Canada may consider appropriate.
b) accommodation measures, where appropriate, will be carried out by the
Recipient and these costs may be considered Eligible Expenditures.
c) no construction or any other physical activity, including site preparation or
vegetation removal may be carried out in relation to the Project, and no funds
or additional funds for any Eligible Expenditure for the Project will be payable
by Canada to the Recipient, unless and until Canada is satisfied that its legal
duty to consult and, where appropriate, accommodate Indigenous
communities has been met and continues to be met.
8.2 CHANGES TO PROJECT OR OTHERWISE
If, as a result of changes to the Project or otherwise, Canada determines that
further Indigenous consultation is required, the Recipient will work with Canada
to satisfy its legal duty to consult and, where appropriate, accommodate
Indigenous communities and agrees that clause X.1 will be applicable.
9. CLAIMS AND PAYMENTS
9.1 PAYMENT CONDITIONS
a) Canada will not pay interest for failing to make a payment under this
Agreement.
b) Canada will not pay any claims submitted after February 28, 2026, unless
otherwise accepted by Canada.
c) Canada will not pay any claims until the requirements under Section 3.7
(Condition Precedent), Section 7 (Environmental and Impact Assessment)
and Section 8 (Indigenous Consultation), if applicable, are, in Canada's
opinion, satisfied to the extent possible at the date the claim is submitted to
Canada.
d) Canada will not pay any claims until the requirements under Schedule C
(Reporting Requirements) are, in Canada's opinion, satisfied to the extent
possible at the time the claim is submitted to Canada.
9.2 PROGRESS CLAIMS
a) The Recipient will submit progress claims to Canada in accordance with
Schedule B.3 (Claim Frequency Table) covering the Recipient's Eligible
Expenditures in a form acceptable to Canada. Each progress claim must
include the following:
i. a certification by a senior official designated in writing by the Recipient
in the form set out in Schedule DA (Certificate of Compliance for
Progress Claim) stating that the information submitted in support of
the claim is accurate;
ii. a breakdown of Eligible Expenditures of the Project claimed, in
accordance with Schedule B.2 (Project Budget) in a form set out by
Canada;
iii. any reporting due in accordance with Schedule C (Reporting
Requirements);
iv. upon request by Canada, any documentation in support of Eligible
Expenditures claimed.
b) Canada will make a payment upon review and acceptance of a progress
claim, subject to the terms and conditions of the Agreement.
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9.3 FINAL CLAIM AND FINAL ADJUSTMENTS
a) The Recipient will submit a final claim to Canada by February 28, 2026
covering the Recipient's Eligible Expenditures in a form acceptable to
Canada. The final claim must include the following:
i. a certification by a senior official designated in writing by the Recipient
in the form set out in Schedule D.2 (Certificate of Compliance for Final
Claim) stating that the information submitted in support of the claim is
accurate;
ii. a breakdown of Eligible Expenditures of the Project claimed, in
accordance with Schedule B.2 (Project Budget) in a form set out by
Canada;
iii. confirmation of the Total Financial Assistance in accordance with
Section 3.2 c) (Commitments by the Recipient), in the form set out in
Schedule D.2 (Certificate of Compliance for Final Claim);
iv. any reporting due in accordance with Schedule C (Reporting
Requirements);
V. a completed Declaration of Substantial Completion in accordance with
Section 9.5 (Declaration of Substantial Completion);
vi. upon request by Canada, any of the documents referenced in
Schedule F (Declaration of Substantial Completion); and
vii. upon request by Canada, any documentation in support of Eligible
Expenditures claimed.
b) Upon receipt of the final claim, but before issuing the final payment, the
Parties will jointly carry out a final reconciliation of all claims and payments in
respect of the Project and make any adjustments required in the
circumstances.
9.4 RETENTION OF CONTRIBUTION
Canada will retain five percent (5%) of its contribution, under this Agreement, as
a holdback. The amount retained by Canada will be released by Canada upon
review and acceptance of the Final Report described under Schedule C.3 (Final
Report) and Canada being satisfied that the Recipient has fulfilled all of its
obligations under this Agreement.
9.5 DECLARATION OF SUBSTANTIAL COMPLETION
a) Prior to executing the Declaration of Substantial Completion, the Recipient
will request confirmation in writing from Canada as to whether the Declaration
of Substantial Completion lists all relevant documents.
b) The Declaration of Substantial Completion must be signed by an authorized
official of the Recipient as deemed acceptable by Canada, and it must list all
relevant documents as determined by Canada.
10. REPORTING
Any Project and performance reporting requirements will be undertaken and
completed in accordance with Schedule C (Reporting Requirements).
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11. INFORMATION MANAGEMENT
The Recipient will use the process designated by Canada to fulfill the obligations
of the Recipient under this agreement, including Section 10 (Reporting) and any
other obligations of the recipient as requested by Canada.
12. AUDIT, EVALUATION AND MONITORING FOR
COMPLIANCE
12.1 RECIPIENT AUDITZ
Canada may, at its discretion, conduct a Recipient audit related to this
Agreement during the term of this Agreement and up to three years after the
Agreement End Date, in accordance with the Canadian Auditing Standards and
Section 19.3 (Accounting Principles).
12.2 EVALUATION
The Recipient agrees to cooperate with Canada in the conduct of any evaluation
of the Program during or after the term of this Agreement. The Recipient also
agrees to provide Project -related information to Canada during and following the
termination of the Agreement in order for Canada to conduct any evaluation of
the performance of the Program. All evaluation results will be made available to
the public, subject to all applicable laws and policy requirements.
12.3 CORRECTIVE ACTION
The Recipient will submit to Canada in writing as soon as possible, but no later
than sixty (60) days following receipt of any audit findings or recommendations, a
report on follow-up actions taken to address recommendations and results of any
audit findings and recommendations.
12.4 RECORD KEEPING
The Recipient will keep proper and accurate financial accounts and records,
including but not limited to its Contracts, invoices, statements, receipts, and
vouchers, in respect of the Project, for at least six (6) years after the Agreement
End Date.
12.5 ACCESS
The Recipient will provide Canada and its designated representatives with
reasonable and timely access, at no cost, to the Project sites, facilities, and any
documentation for the purposes of audit, evaluation, inspection and monitoring
compliance with this Agreement.
13. COMMUNICATIONS
13.1 COMMUNICATIONS PROTOCOL
The Parties will comply with Schedule E (Communications Protocol).
13.2 RECOGNITION OF CANADA'S CONTRIBUTION
The Recipient will acknowledge Canada's contribution in all signage and public
communication produced as part of the Project or Agreement, in a manner
acceptable to Canada, unless Canada communicates in writing to the Recipient
that this acknowledgement is not required.
13.3 PUBLIC INFORMATION
The Recipient acknowledges that the following may be made publicly available
by Canada:
a) its name, the amount awarded by Canada, and the general nature of the
Project; and
b) any evaluation or audit report and other reviews related to this Agreement.
13.4 OFFICIAL LANGUAGES
Z A Recipient Audit is defined as an audit contracted by Canada. Its scope is tailored to the needs of the Department, the
type of Recipient and the areas where additional assurance is needed.
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The Government of Canada wishes, among other things and where appropriate,
to promote English and French in Canadian society and support the development
of official language minority communities. The Recipient will:
a) ensure that information on the Project is developed and is available in both
official languages when intended for the information of, or use by the public;
b) communicate in such a manner as to address the needs of both official
language communities; and,
c) encourage members of both official languages communities to participate in
the Project.
14. INTELLECTUAL PROPERTY
a) All intellectual property that arises in the course of the Project will vest in the
Recipient.
b) The Recipient will obtain the necessary authorizations, as needed, for the
implementation of the Project, from third parties to this Agreement who may
own the intellectual property rights or other rights in respect of the Project.
Canada will assume no liability in respect of claims from any third party to this
Agreement in relation to such rights and to the Agreement.
c) Canada, in compliance with the Privacy Act and relevant privacy regulations,
may film or photograph the Recipient, its officers, servants, employees, or
agents during visits, activities, and events for the purpose of promoting the
Program. The Recipient further agrees that Canada, in compliance with the
Privacy Act, can use or publish any such film or photograph internally or
externally, in whole or in part, in any form and by any medium for the
purposes of promoting the Program.
15. DISPUTE RESOLUTION
a) The Parties will keep each other informed of any issue that could be
contentious by exchanging information and will, in good faith and reasonably,
attempt to resolve potential disputes.
b) Where the Parties cannot agree on a resolution, the Parties may explore any
alternative dispute resolution mechanisms available to them to resolve the
issue.
c) Any payments related to the issue in dispute will be suspended, together with
the obligations related to such issue, pending resolution.
d) The Parties agree that nothing in this section will affect, alter or modify the
rights of Canada to terminate this Agreement.
16. DEFAULT
16.1 EVENTS OF DEFAULT
The following events constitute Events of Default under this Agreement:
a) the Recipient has not complied with one or more of the terms and conditions
of this Agreement;
b) the Recipient has not completed the Project in accordance with the terms and
conditions of this Agreement;
c) the Recipient has submitted false or misleading information to Canada or
made a false or misleading representation in respect of the Project or in this
Agreement, except for an error in good faith, demonstration of which is
incumbent on the Recipient, to Canada's satisfaction;
d) the Recipient has neglected or failed to pay Canada any amount due in
accordance with this Agreement.
16.2 DECLARATION OF DEFAULT
Canada may declare a default if:
In Canada's opinion, one or more of the Events of Default occurs;
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ii. Canada gave notice to the Recipient of the event which constitutes an
Event of Default; and
iii. the Recipient has failed, within thirty (30) business days of receipt of
the notice from Canada, either to remedy the Event of Default or to
notify Canada and demonstrate, to the satisfaction of Canada, that it
has taken such steps as are necessary to remedy the Event of
Default.
16.3 REMEDIES ON DEFAULT
In the event that Canada declares a default under Section 16.2 (Declaration of
Default), Canada may exercise one or more of the following remedies, without
limiting any remedy available to it at law:
a) suspend any obligation by Canada to contribute or continue to contribute
funding to the Project, including any obligation to pay an amount owing prior
to the date of such suspension;
b) terminate any obligation of Canada to contribute or continue to contribute
funding to the Project, including any obligation to pay any amount owing prior
to the date of such termination;
c) require the Recipient to reimburse Canada all or part of the contribution paid
by Canada to the Recipient;
d) terminate the Agreement.
17. LIMITATION OF LIABILITY AND INDEMNIFICATION
17.1 DEFINITION OF PERSON
In this section, "Person" includes, without limitation, a person, the Recipient, a
Third Party, a corporation, or any other legal entity, and their officers, servants,
employees or agents.
17.2 LIMITATION OF LIABILITY
In no event will Canada, its officers, servants, employees or agents be held liable
for any damages in contract, tort (including negligence) or otherwise, for:
a) any injury to any Person, including, but not limited to, death, economic loss or
infringement of rights;
b) any damage to or loss or destruction of property of any Person; or
c) any obligation of any Person, including, but not limited to, any obligation
arising from a loan, capital lease or other long term obligation;
in relation to this Agreement or the Project.
17.3 INDEMNIFICATION
The Recipient will at all times indemnify and save harmless Canada, its officers,
servants, employees or agents, from and against all actions, claims, demands,
losses, costs, damages, suits or other proceedings, whether in contract, tort
(including negligence) or otherwise, by whomsoever brought or prosecuted in
any manner based upon or occasioned by:
a) any injury to any Person, including, but not limited to, death, economic loss or
any infringement of rights;
b) any damage to or loss or destruction of property of any Person; or
c) any obligation of any Person, including, but not limited to, any obligation
arising from a loan, capital lease or other long term obligation;
in relation to this Agreement or Project, except to the extent to which such
actions, claims, demands, losses, costs, damages, suits or other proceedings are
caused by the negligence or breach of the Agreement by an officer, servant,
employee or agent of Canada in the performance of his or her duties.
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18. ASSETS
a) Unless otherwise agreed to by the Parties, the Recipient will:
i. where the Recipient owns the Asset, retain title to and ownership of
the Asset or part of the Asset for the Asset Disposal Period; or
ii. for a Non -Owned Asset, ensure that title to and ownership for any
Non -Owned Asset is retained by the entity with title to and ownership
of that Asset for the Asset Disposal Period.
b) The Recipient will ensure that any Asset will be preserved, maintained, and
used for the purposes of the Project, and that no Asset, in whole or in part,
will be sold, leased, encumbered or otherwise disposed of, directly or
indirectly, during the Asset Disposal Period, unless the Recipient notifies
Canada in advance and in writing, and Canada consents to such Asset
disposal.
c) Upon alternate use or disposal of any Asset, which includes selling, leasing
and encumbering, or otherwise disposing of, directly or indirectly, during the
Asset Disposal Period, the Recipient will reimburse Canada, at Canada's
discretion, all or part of the contribution paid under this Agreement by Canada
to the Recipient
19. GENERAL
19.1 PUBLIC BENEFIT
The Parties acknowledge that their contributions to the Project are meant to
accrue to the public benefit.
19.2 SURVIVAL
The Parties' rights and obligations which, by their nature, extend beyond the
termination of this Agreement, will survive any termination of this Agreement.
19.3 ACCOUNTING PRINCIPLES
All accounting terms will have the meanings assigned to them, all calculations
will be made and all financial data to be submitted will be prepared, in
accordance with the Generally Accepted Accounting Principles (GAAP) in effect
in Canada as defined in the Chartered Professional Accountants (CPA) Canada
Handbook - Accounting or, where applicable, the CPA Canada Public Sector
Accounting Handbook.
19.4 DEBTS DUE TO THE FEDERAL CROWN
Any amount owed to Canada under this Agreement by the Recipient will
constitute a debt due to the federal Crown, which the Recipient will reimburse to
Canada forthwith on demand.
19.5 INTEREST ON DEBTS DUE TO THE FEDERAL CROWN
Debts due to the federal Crown by the Recipient will accrue interest in
accordance with the federal Interest and Administrative Charges Regulations.
19.6 SET-OFF BY CANADA
Any debt due to the federal Crown by the Recipient may be set-off against any
amounts payable by Canada to the Recipient under this Agreement.
19.7 MEMBERS OF THE HOUSE OF COMMONS AND SENATE
No member of the House of Commons or the Senate of Canada will be admitted
to any share or part of this Agreement, or to any benefit arising from it that is not
otherwise available to the public. The Recipient will promptly inform Canada
should it become aware of the existence of any such situation.
19.8 CONFLICT OF INTEREST
No current or former public servant or public office holder to whom any post -
employment, ethics and conflict of interest legislation, guidelines, codes or
policies of Canada applies will derive direct benefit from this Agreement unless
the provision or receipt of such benefits is in compliance with such legislation,
ACTIVE TRANSPORTATION FUND - CONTRIBUTION AGREEMENT FOR THE COVE 12
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guidelines, policies or codes. The Recipient will promptly inform Canada should it
become aware of the existence of any such situation.
19.9 NO AGENCY, PARTNERSHIP, JOINT VENTURE, ETC.
a) No provision of this Agreement and no action by the Parties will establish or
be deemed to establish a partnership, joint venture, principal -agent
relationship or employer -employee relationship in any way or for any purpose
whatsoever between Canada and the Recipient or between Canada and a
Third Party.
b) The Recipient will not represent itself, including in any agreement with a Third
Party, as a partner, employee or agent of Canada.
19.10 NO AUTHORITY TO REPRESENT
Nothing in this Agreement is to be construed as authorizing any person, including
a Third Party, to contract for or to incur any obligation on behalf of Canada or to
act as an agent for Canada. The Recipient will take the necessary action to
ensure that any Contract between the Recipient and any Third Party contains a
provision to that effect.
19.11 ASSIGNMENT
The Recipient will not transfer or assign its rights or obligations under this
Agreement without the prior written consent of Canada. Any attempt by the
Recipient to assign any of the rights, duties or obligations of this Agreement
without Canada's express written consent is void.
19.12 COUNTERPART SIGNATURE
This Agreement and all documents contemplated by or delivered under or in
connection with this Agreement may be executed and delivered in any number of
counterparts (including by electronic signature, facsimile or other means of
electronic transmission, such as by electronic mail in "PDF" form), with the same
effect as if all Parties had signed and delivered the same document, and all
counterparts shall together constitute one and the same original document.
19.13 SEVERABILITY
If for any reason a provision of this Agreement that is not a fundamental term of
this Agreement between the Parties is found to be or becomes invalid or
unenforceable, in whole or in part, and if both Parties agree, it will be deemed to
be severable and will be deleted from this Agreement, but all the other terms and
conditions of this Agreement will continue to be valid and enforceable.
19.14 AMENDMENTS
a) This Agreement, including its schedules, can only be amended in writing by
the Parties.
b) Notwithstanding Section 19.14(a) (Amendments), updates to the cashflow in
Schedule B.2 (Project Budget) made pursuant to Section 3.4 (Fiscal Year
Budgeting) that do not result in an increase to the maximum amount of
Canada's contribution under Section 3.1 (Commitments by Canada) may be
made administratively through an exchange of written correspondence
between the Parties.
19.15 WAIVER
A Party may waive any of its rights under this Agreement only in writing. Any
tolerance or indulgence demonstrated by the Party will not constitute a waiver.
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19.16 NOTICE
a) Any notice, information or required documentation provided for under this
Agreement must be delivered in person or sent by mail, email, messenger or
facsimile to the identified representatives of the Parties at the following
coordinates, unless otherwise specified by Canada:
Canada:
Active Transportation Fund
Infrastructure Canada
180 Kent Street Ottawa Ontario
ATF-FTA@infc.gc.ca
Recipient:
Mr. Jonathan Taylor
Director of Legislative Services/ City Clerk, The City of Saint John
15 Market Square, City Hall, P.O. Box 1971
City of Saint John, New Brunswick E2L 41_1
b) Such notice will be deemed to have been received:
i. in person, when delivered;
ii. if sent by mail, email or facsimile, when receipt is acknowledged by
the other Party;
iii. if sent by messenger or registered mail, when the receiving Party has
signed the acknowledgment of reception.
c) If a Party changes its representative or the coordinates for that
representative, it will advise the other Party as soon as possible.
19.17 COMPLIANCE WITH LAWS
The Recipient will comply with all applicable laws and regulations and all
requirements of regulatory bodies having jurisdiction over the subject matter of
the Project.
19.18 GOVERNING LAW'
This Agreement is governed by, and is to be interpreted in accordance with, the
applicable federal laws and the laws in force in New Brunswick. The Parties
attorn to the jurisdiction of the Courts of New Brunswick and all courts competent
to hear appeals from the Courts of New Brunswick.
19.19 SUCCESSORS AND ASSIGNS
This Agreement is binding upon the Parties and their respective successors and
assigns.
3 Any disputes relating to the agreement will be interpreted according to the laws of the province or territory indicated in this
section, and adjudicated by the courts in that same province or territory. Only the laws of one province or territory maybe
indicated in this section. If the Recipient's headquarters and project location are different, use province/territory of
headquarters.
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20. SIGNATURES
This Agreement has been executed on behalf of His Majesty the King in right of
Canada by the Minister of Intergovernmental Affairs, Infrastructure and
Communities and on behalf of The City of Saint John by the Mayor and City
Clerk.
HIS MAJESTY THE KING IN RIGHT OF
CANADA
Per: Mark Matz, Director General,
Public Transit, Infrastructure Canada
Date
THE CITY OF SAINT JOHN
Per: Donna Noade Reardon
Mayor
Date
Per: Jonathan Taylor
Director of Legislative Services / City
Clerk
Date
Council Resolution:
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SCHEDULE A - ELIGIBLE AND INELIGIBLE EXPENDITURES
SCHEDULE A.1: ELIGIBLE EXPENDITURES
Eligible expenditures are those considered to be direct and necessary for the successful
implementation of an eligible project and are incurred by an eligible recipient, excluding
those explicitly identified in Schedule A.2: Ineligible Expenditures.
Eligible projects include active transportation capital projects and active transportation
planning projects. Capital projects refer to new infrastructure construction, enhancement
of existing infrastructure, and fixed design and safety features that encourage increased
active transportation. Eligible capital projects include, but are not limited to:
• Building or enhancing infrastructure for active transportation, such as multi -use
paths, sidewalks, footbridges, separated bicycle lanes, and connections to other
roadways (this could include nature trails and other infrastructure which could
support recreation, so long as this infrastructure can be demonstrated to reflect
merit criteria);
• Enhancing active transportation infrastructure, including design considerations in
which there may be no net gain in kilometers of infrastructure, but quality
improvements that support greater usage;
• Building or enhancing design features and facilities which promote active
transportation, such as storage facilities, lighting, greenery, shade, and benches;
• Building or enhancing safety features which promote active transportation, such
as crosswalks, medians, speed bumps, and wayfinding signage.
Eligible Expenditures must:
be reasonable and directly related to the Project, as determined by Canada;
be incurred between the Project Approval Date and the Final Claim Date; and
consist of the following categories of expenditures:
o Construction of infrastructure assets, e.g., cycling or walking paths.
o Expenditures directly associated with joint federal communication
activities and with federal project signage;
o Costs/expenditures incurred for consultation or engagement with
Indigenous groups on the project. These costs are retroactively eligible
dating back to one year prior to the submission of the application for
funding. These costs can include legal fees of the Indigenous groups, as
part of overall consultation capacity funding, if they are incurred by an
Indigenous group who is not a Recipient or an Ultimate Recipient of the
given project, are reasonable, as determined by Canada, support
consultation efforts, activities or tools and are not used to fund litigation
against the Crown;
o Expenditures incurred for accommodation of adverse impacts on
Aboriginal and Treaty rights;
o Incremental expenditures directly related to meeting specific program
requirements, such as climate change and resiliency assessments, as
well as creating community employment benefit plans;
o The incremental costs of the eligible recipients' employees may be
included as an eligible expenditure provided that the use of employees or
equipment pertains solely to the implementation of the project, and:
- There is a lack of private sector capacity to undertake the work; or
- The work involves proprietary or specialized infrastructure or
equipment that requires specific knowledge or skill of the
recipient's employees; or
- A collective agreement requires the recipient to use their own
unionized employees for certain project work.
o Costs associated with project monitors or independent certifiers
Project expenditures will only be eligible as of project funding approval, except for
expenditures associated with Climate Lens assessments and Indigenous consultation
which are eligible before project funding approval, but can only be reimbursed if and
when project funding is approved and a contribution agreement has come into force.
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SCHEDULE A.2: INELIGIBLE EXPENDITURES
Certain expenditures are not eligible for funding and therefore will not be considered in
the calculation of the total eligible expenditures of the Project, including:
• Expenditures incurred before project funding approval and any and all
expenditures related to agreements signed prior to project funding approval,
except those specified under Section A.1 of this Schedule.
• Expenditures related to purchasing land, buildings and associated real estate
and other fees;
• Expenditures related to cost overruns or incurred for cancelled projects;
• Furnishings and non -fixed assets which are not essential for the operation of the
asset/project-,
• General repairs and maintenance of a project and related structures, unless they
are part of a larger capital project;
• Services on works normally provided by an eligible recipient, incurred in the
course of implementation of the project, except those specified as eligible
expenditures;
• Taxes for which the eligible recipient is eligible for a tax rebate and all other costs
eligible for rebates;
• On -going operations, maintenance and/or electricity and fuel costs associated
with the operations of capital assets;
• Legal fees, except those explicitly eligible under Section A.1 of this Schedule
• Financing, interest, and taxes, including principal and interest payments to the
Canada Infrastructure Bank;
• Leasing land, buildings, equipment and other facilities except for equipment other
than equipment directly related to the construction of the project, real estate fees
and related costs;
• Provincial sales tax and Goods and Services tax/HST, for which the recipient is
eligible for a rebate, and any other costs eligible for rebates;
• Purchase or maintenance of diesel buses;
• Expenditures related to any good and services which are received through
donation or in -kind contribution;
• Employee costs, with the exception of incremental costs which pertain solely to
the implementation of the project under Section A.1 of this Schedule; and
• Maintenance expenditures incurred as part of regular operations.
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SCHEDULE B - THE PROJECT
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Project Description:
This project will construct a new critical section of Harbour Passage, referred to as the
"The Cove", which will significantly improve the functionality of the existing trail. The
Cove trail will extend along the Saint John Harbour between Fallsview Drive and
Riverview Drive on the City's west side. The trail will consist of a paved surface with
overhead lighting and will be approximately 400m in length. The trail will be wheelchair
accessible and will allow use by pedestrians, bicycles, and all other modes of active
transportation. The objective of this project is to provide another safe and equitable
piece of active transportation infrastructure for Saint John residents and visitors on the
City's west side.
Objective(s):
The objective of the Active Transportation Fund is to increase the total amount, usage,
and quality of active transportation infrastructure throughout Canada. In advancing this
objective, the Active Transportation Fund would also support the goals of the
Strengthened Climate Plan and improve the resilience of communities.
In recognition that almost every journey begins and ends with a form of active
transportation, the Fund would prioritize safety and security of Canadians and seek to
enhance the impact of other modes of transit by supporting first -and -last kilometre
connections to existing and planned infrastructure.
Activities:
Project activities will include the construction or acquisition of the following Assets:
Asset Type
Estimated Length (km) / Count
Lights
15
Recreational trails
0.4 km
Project Outcomes:
In order to illustrate how the Project will contribute to the Program's outcomes, the
Recipient will collect performance data and report on performance indicators. The
information concerning these indicators must be provided within the Annual Report
and/or Final Report submitted to Canada.
Canada may update and refine the Program's outcomes and performance indicators in
order to support performance measurement and reporting to Parliament and Canadians.
Any updates will be discussed with the Recipient and will be made administratively
through an exchange of written correspondence between the Parties.
The performance indicators in the Annual Report and/or Final Report may include the
following, as applicable:
Project Expected Results
Performance Indicators
Immediate Outcomes
Increased capacity of active
transportation infrastructure
Total kilometres of new active transportation
infrastructure built
Improved active transportation
infrastructure
Total kilometres of active transportation infrastructure
enhanced
Total number of safety elements added
Total number of user experience improvements added
Intermediate Outcomes
Increased access to active
Community connections created
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transportation infrastructure
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SCHEDULE B.2: PROJECT BUDGET
Table 1:
Project Budget
Amount
Total Project Cost
$1,495,000
Total Eligible Cost
$1,355,900
Table 2:
Annual Breakdown
Total INFC
Total
Contribution
2024-25
INFC
$813,540
$813,540
Contribution
Table 3: Other Sources of Fundina
Source
Amount
City of Saint John
$681,460
Total Other Sources of Funding
$681,460
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SCHEDULE B.3: CLAIM FREQUENCY TABLE
Payment
Required Documents
Frequency
Payment Date
Period
Progress
Interim Report, including:
At least once per
Within 30 calendar
Claims
. Progress Report
fiscal year, no later
days of approval of
than September 15.
required documents
. Financial Report (claim form,
by Canada
updated cashflow, and
Additional claims
Certificate of Compliance for
may be submitted
Progress Claim)
by the Recipient,
no more frequently
than every 3
months.
Year-end
Year-end Financial Report,
On or before five
Within 30 calendar
Claim
including:
(5) business days
days of approval of
. Claim form (for costs incurred
after March 31.
required documents
up to March 31)
by Canada.
. Updated Cashflow
. Certificate of Compliance for
Progress Claim
Annual Report
Annual Report:
No later than sixty
N/A
(Described in Schedule C.2)
(60) days after
March 31.
Final Claim
Final Report:
February 28, 2026
Within 30 calendar
(Described in Schedule C.3)
days of approval of
required documents
by Canada
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SCHEDULE C - REPORTING REQUIREMENTS
The Recipient should contact the Active Transportation Fund in accordance with
Section 19.16, to ensure the most up-to-date reporting forms are being used, prior
to submitting them to Canada.
Canada will collect information that may be used to analyze the progress of all projects
funded by the Program and may inform Program lessons learned and/or be used for
communications about the Program.
SCHEDULE C.1: INTERIM REPORT
a) The Recipientwill submit Interim Reports to Canada at a timing and
frequency determined by Canada, which will be no less frequently than
annually but not more frequently than quarterly. The frequency will remain
the same, unless the Recipient is otherwise notified by Canada.
Notwithstanding the foregoing, for the last Interim Report period of the
Fiscal Year, the Recipient will submit an Annual Report instead of an
Interim Report.
b) The Interim Report will be attested by a senior designated official, duly
authorized by the Recipient and submitted to Canada in an agreed upon
format acceptable to Canada.
c) Interim Reports will be comprised of a progress report, a financial report,
and two attestations, in formats provided by Canada;
d) The Progress Report must include, at a minimum:
i. Recipient name, Project title and Project identification number;
ii. Reporting period dates;
iii. Construction dates;
iv. Summary of Project activities and progress achieved to date;
v. Update on Project risks or issues affecting the progress of the
Project, if any, and mitigation measures;
vi. Planned Project activities for the upcoming period, including any
variation from the workplan (if applicable);
vii. Confirmation of the Project's installed signage, if applicable; and
viii. Update on Communication Activities to date and future
communications plans.
e) The financial report must include at a minimum:
i. Recipient name, Project title and Project identification #;
ii. Reporting period dates; and
iii. Expenditures for the reporting period and updated cash flow
forecast for the upcoming fiscal year(s).
f) The Interim Report will be attested by:
i. a senior designated official, duly authorized by the Recipient; and
ii. a construction manager or other professional assigned to the
project and designated by the Recipient.
SCHEDULE C.2: ANNUAL REPORT
a) The Recipient will submit an annual report (`Annual Report') for the end of each
Fiscal Year period covered by this Agreement no later than sixty (60) days
following the end of the Fiscal Year. The Annual Report will be attested by a
senior designated official, duly authorized by the Recipient, stating that the report
is factually correct and that the Recipient and the Project continue to maintain
eligibility under the Program. Notwithstanding the foregoing, for the last Fiscal
Year period, the Recipient will submit a Final Report instead of an Annual Report.
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b) The Annual Report will be submitted to Canada in an agreed upon format
acceptable to Canada and will include at a minimum:
i. Recipient name;
ii. Project title and Project identification number;
iii. Reporting period dates;
iv. Construction dates;
V. Confirmation of the Project's installed signage, if applicable;
vi. Confirmation of Communication requirements met for the reported period
year, if applicable;
vii. Summary of the implementation progress of the project, by project phase,
including:
• Summary of central project activities (including major construction
and any delays, if applicable) for progress achieved to date;
• Planned Project activities for the upcoming Fiscal Year;
viii. Update on results achieved towards the Project outcomes using
performance measures identified in Schedule B.1 (Project Description)
and by Canada, if applicable.
SCHEDULE C.3: FINAL REPORT
a) The Recipient will submit a Final Report to Canada with the final claim.
b) The final report (`Final Report') will be attested by a senior designated official,
duly authorized by the Recipient and submitted to Canada in an agreed upon
format acceptable to Canada as substantially identified using the template
identified in Schedule D: Certificate of Compliance for Final Claim.
c) The Recipient will submit a Final Report to Canada for approval no later than
February 28, 2026.
d) The content of the Final Report will include at a minimum:
i. A general description of the Project's major achievements, including a
aggregated information and data identified in Annual Reports for the
period of the Project; in Annual Reports;
ii. A completed Schedule F (Declaration of Substantial Completion);
iii. Details of the funds and their management, including:
i. a description of Project activities and funds expended on Project
activities for the period of the Project.
ii. an audit conducted by an independent third party for the period of
the Project
iii. results achieved towards the Project outcomes using performance
measures identified in Schedule B.1 (Project Description) and by
Canada which may inform Program lessons learned and/or be
used for communication about the Program; and
iv. a reconciliation of financial reporting.
ACTIVE TRANSPORTATION FUND - CONTRIBUTION AGREEMENT FOR THE COVE 23
84
SCHEDULE D - CERTIFICATE(S) OF COMPLIANCE FOR CLAIMS
SCHEDULE D.1: CERTIFICATE OF COMPLIANCE FOR PROGRESS CLAIM
In the matter of the Agreement entered into between His Majesty the King in right of
Canada, as represented by the Minister of Intergovernmental Affairs, Infrastructure and
Communities, and The City of Saint John (the "Recipient'), represented by
(Name), concerning The Cove Project (the "Agreement').
I, (Name), of the City/Town of
Province/Territory of , declare as follows:
1. That I hold the position of with the Recipient and as
such have knowledge of the matters set forth in this declaration and believe this
declaration to be true.
2. 1 am duly authorized by the Recipient to give this Certificate under [RECIPIENT
INSERTS THE COMPLETE REFERENCE TO THE BY LAW OR INTERNAL
POLICY AUTHORITY THAT ALLOWS THEM TO PROVIDE THIS
CERTIFICATION] dated [DATE].
3. 1 have read and understood the Agreement and the progress claim submitted by
the Recipient thereunder dated the same date as this Certificate and have
knowledge of the business and affairs of the Recipient and have made such
examinations or investigations as are necessary to give this Certificate and to
ensure that the information contained herein is true and accurate.
4. The expenditures claimed are Eligible Expenditures in accordance with the
Agreement.
5. The Recipient, at the date of this Certificate, has performed all covenants under
the Agreement that are required to be performed by it on or prior to that date.
6. All representations and warranties of the Recipient contained in the Agreement
are true and accurate in all respects at the date of this Certificate as though
such representations and warranties had been made at the date of this
Certificate.
Dated, this day of 20
Signature
ACTIVE TRANSPORTATION FUND - CONTRIBUTION AGREEMENT FOR THE COVE 24
85
SCHEDULE D.2: CERTIFICATE OF COMPLIANCE FOR FINAL CLAIM
In the matter of the Agreement entered into between His Majesty the King in right of
Canada, as represented by the Minister of Intergovernmental Affairs, Infrastructure and
Communities, and The City of Saint John (the "Recipient'), represented by
(Name), concerning The Cove Project (the "Agreement').
I, (Name), of the City/Town of
Province/Territory of declare as follows:
1. That I hold the position of with the Recipient and as
such have knowledge of the matters set forth in this declaration and believe this
declaration to be true.
2. 1 am duly authorized by the Recipient to give this Certificate under [RECIPIENT
INSERTS THE COMPLETE REFERENCE TO THE BY LAW OR INTERNAL
POLICY AUTHORITY THAT ALLOWS THEM TO PROVIDE THIS
CERTIFICATION] dated [DATE].
3. 1 have read and understood the Agreement and the final claim submitted by the
Recipient thereunder dated the same date as this Certificate and have
knowledge of the business and affairs of the Recipient and have made such
examinations or investigations as are necessary to give this Certificate and to
ensure that the information contained herein is true and accurate.
4. The Recipient, at the date of this Certificate, has performed all covenants under
the Agreement that are required to be performed by it on or prior to that date.
5. The expenditures claimed are Eligible Expenditures in accordance with the
Agreement.
6. All representations and warranties of the Recipient contained in the Agreement
are true and accurate in all respects at the date of this Certificate as though such
representations and warranties had been made at the date of this Certificate.
7. The Project as defined in the Agreement has been completed.
[If applicable, add.]
8. The Project, to the best of my knowledge and belief, conforms to the applicable
federal environmental or impact assessment legislation.
[If applicable, add.]
9. All applicable mitigation measures, accommodation measures and follow-up
measures required to be performed during the Project implementation as a result
of Indigenous consultations have been implemented.
10. The Total Financial Assistance received or due for the Project in accordance
with Section 3.2 c) (Commitments by the Recipient) is as follows:
[INCLUDE ALL TOTAL FINANCIAL ASSISTANCE RECEIVED OR DUE]
11. This Certificate of Compliance does not preclude any rights of Canada to verify,
audit or inspect as per the terms and conditions of the Agreement.
12. The Recipient is not entitled to payment of any amount under the Agreement,
other than any amount requested by the Recipient in accordance with the
Agreement on or prior to the date of this Certificate.
Dated, this day of 20_
Signature
ACTIVE TRANSPORTATION FUND - CONTRIBUTION AGREEMENT FOR THE COVE 25
86
SCHEDULE E - COMMUNICATIONS PROTOCOL
SCHEDULE E.1: PURPOSE
This Communications Protocol outlines the roles and responsibilities of each of the
Parties to this Agreement with respect to Communications Activities related to the
funded Project.
This Communications Protocol will guide all Communications Activity planning,
development and implementation with a view to ensuring efficient, structured, continuous
and coordinated communications to the Canadian public.
The provisions of this Communications Protocol apply to all Communications Activities
related to any Program funding and the Project funded under this Agreement. Such
Communications Activities may include, but are not limited to, public or media events,
news releases, reports, web and social media products or postings, blogs, project signs,
digital signs, publications, success stories and vignettes, photo compilations, videos,
advertising campaigns, awareness campaigns, editorials, and multi -media products.
SCHEDULE E.2: GUIDING PRINCIPLES
The Parties recognize the importance of managing the delivery of coherent
Communications Activities based on the principle of transparent and open discussion
and collaboration.
Communications activities undertaken through this Protocol should ensure that
Canadians are informed of infrastructure investments made to help improve their quality
of life and that they receive consistent information about the funded Project and its
benefits from each Party.
The communication activities undertaken jointly by Canada and the Recipient should
recognize the funding of all contributors to the Project.
SCHEDULE E.3: GOVERNANCE
The Parties will designate communications contacts that will work collaboratively to
prepare communications activities for the project announcement, milestones, and
completion.
SCHEDULE E.4: PROGRAM COMMUNICATIONS
Canada retains the right to meet its obligations to communicate information to
Canadians about the Program and the use of funding through its own communications
products and activities.
Canada and the Recipient may also include general program messaging and an
overview of this Project as an example in their own communications products and
activities. The Party undertaking these activities will recognize the funding of the Parties.
Canada and the Recipient agree that they will not unreasonably restrict the other Party
or other funding contributors from using, for their own purposes, public communications
products related to the Project that were prepared collectively or individually by the
Parties, and if web -based, from linking to them.
SCHEDULE E.5: JOINT COMMUNICATIONS
Canada, the Recipient, or other funding contributors may request to have Joint
Communications about the Project.
Joint Communications include, but are not limited to, media events such as news
conferences; in -person and virtual funding announcements; official milestone events or
ceremonies like ground breakings and openings; and news releases.
The Parties agree to have regular media events about the funding and status of the
Project. Key milestones may be marked by public events, news releases and/or other
mechanisms.
Joint Communications related to the Project funded under this Agreement should not
occur without the prior knowledge and agreement of all Parties as well as the Ultimate
Recipient, where applicable.
ACTIVE TRANSPORTATION FUND - CONTRIBUTION AGREEMENT FOR THE COVE 26
87
All Joint Communications material will be approved by Canada prior to release, and will
recognize the funding of all Parties.
The requestor of a Joint Communication will provide at least fifteen (15) business days
of notice to the other Parties of their intention to undertake such a communication. If the
Joint Communication activity is a funding announcement or milestone event, it will take
place on and at a mutually agreed upon date, time, and location.
The Party undertaking these activities will provide equal opportunity for the other Parties
to participate and choose their own designated representative. Each Party will be
represented by an equal number of individuals, in joint communications and events,
unless otherwise agreed upon. All Joint Communications will recognize the funding of all
contributors.
The Ultimate Recipient of the Project will be responsible for providing communications
and logistics support for both virtual or onsite events. Canada will be responsible for
development, translation and approvals of joint communications products for funding
announcements (ex. news releases, media advisories). Milestone communications (such
as ground breakings and ribbon cuttings), will be coordinated by ultimate recipients and
all funding partners will be invited and recognized. Communications materials (such as
media advisories and news releases) for milestone announcements are developed by
the ultimate recipient and will offer Canada and other funding partners the ability to
contribute a quote.
All Joint Communications material related to media events must be approved by Canada
and recognize the funding of all Parties (Canada, Provinces/Territories, Recipient and
others as appropriate).
All Joint Communications material related to funding announcements must reflect
Canada's Policy on Official Languages and the Federal Identity Program.
The conduct of all Joint Communications and media events and products will follow the
Table of Precedence for Canada.
SCHEDULE E.6 INDIVIDUAL COMMUNICATIONS
The Recipient will ensure that:
a. Where a website or webpage is created to promote or communicate progress on
a funded Project or Projects, it must recognize federal funding through the use of
a digital sign or through the use of the Canada wordmark and the following
wording, "This project is funded in part by the Government of Canada." The
Canada wordmark or digital sign must link to Canada's website, at
www.infrastructure.gc.ca. The guidelines for how this recognition is to appear
and language requirements are published on Canada's website, at
http://www.infrastructure.cic.ca/pub/sicnage-panneaux/intro-eng.html.
b. The Recipient will be required to send a minimum of one photograph to each of
the Parties of the construction in progress, or of the completed project, for use in
social media and other digital individual Communications Activities. Sending the
photos will constitute permission to use and transfer of copyright. Photographs
are to be sent to photo(a)infc.gc.ca along with the Project's name and location.
�Y•7:1��1�J�� ir•]»:7_rrrv►VJS•Z•]i711U fffiff_T0001-1
The Recipient is solely responsible for operational communications with respect to the
Project, including, but not limited to, calls for tender, construction, and public safety
notices. Operational communications as described above are not subject to the federal
official language policy.
Canada does not need to be informed on operational communications. However, such
products should include, where appropriate, the following statement, "This project is
funded in part by the Government of Canada."
Canada and the Recipient will share information promptly with the other Party should
significant media inquiries be received or if major stakeholder issues relating to the
Project arise.
ACTIVE TRANSPORTATION FUND - CONTRIBUTION AGREEMENT FOR THE COVE 27
88
SCHEDULE E.8: SIGNAGE
Canada, the Recipient and other funding contributors may request a Project sign
recognizing their funding contribution to a Project.
Where a physical sign is to be installed, unless otherwise agreed upon by Canada, it will
be the Ultimate Recipient who will produce and install a joint physical sign that
recognizes funding of each Party at each Project site in accordance with current federal
signage guidelines.
The joint sign design, content, and installation guidelines for how this recognition is to
appear and language requirements are published on Canada's website, at
httr)://www.infrastructure.ac. ca/pub/sianaae-r)anneaux/intro-ena.html.
The recognition of funding contributions of each Party and the Ultimate Recipient will be
of equal prominence and visibility.
Digital signage may also be used in addition to or in place of a physical sign in cases
where a physical sign would not be appropriate due to project type, scope, location or
duration.
Where the Recipient decides to install a permanent plaque or other suitable marker with
respect to the Project, it must recognize the federal contribution and be approved by
Canada.
The Recipient agrees to inform Canada of federal sign installations, through the project
progress report (Schedule C).
Where a physical sign is being installed, signage should be erected at the Project site(s)
thirty (30) days, or one month, prior to the start of construction, be visible for the duration
of the Project, and remain in place until thirty (30) days after the construction is
completed and the infrastructure is fully operational or open for public use.
Signage should be installed in a prominent and visible location that takes into
consideration pedestrian and traffic safety and visibility.
SCHEDULE E.9: COMMUNICATIONS COSTS
The eligibility of costs related to communication activities that provide public information
on this Agreement will be subject to Schedule A (Eligible and Ineligible Expenditures)
and must be agreed to in advance by Canada.
SCHEDULE E.10: ADVERTISING CAMPAIGNS
Recognizing that advertising can be an effective means of communicating with the
public, Canada and the Recipient may, at their own cost, organize an advertising or
public information campaign related to the Program or the Project. However, such a
campaign must respect the provisions of this Agreement and the Government of Canada
requirements for advertising. In the event of such a campaign, each Party agrees to
inform the other Party of its intention, no less than twenty-one (21) business days prior to
the campaign launch.
ACTIVE TRANSPORTATION FUND - CONTRIBUTION AGREEMENT FOR THE COVE 28
89
SCHEDULE F - DECLARATION OF SUBSTANTIAL
COMPLETION
In the matter of the Agreement entered into between His Majesty the King in right of
Canada, as represented by the Minister of Infrastructure and Communities, and The City
of Saint John (the "Recipient'), represented by (Name),
concerning The Cove Project (the "Agreement').
Name), of the City/Town of
Province/Territory of , declare as follows:
I hold the position of with the Recipient and as
such have knowledge of the matters set forth in this declaration and believe
this declaration to be true.
2.
a) I have received the following documents for The Cove Project:
[LIST NAME OF RELEVANT DOCUMENT, e.g. Certificate of
Completion, Certificate of Performance, Occupancy Permit,
etc.] [INSERT if applicable "signed by
(Name), a (Profession, e.g.
professional engineer, professional architect or other
applicable professional) for the Project."]
b) Based on the above documents and the representations made to me by the
professionals identified in section 2(a) above, I declare to the best of my
knowledge and belief that the Project has been substantially completed, in
that it can be used for its intended use, as described in Schedule B.1 (Project
Description), as defined in the Agreement, on the day of the
20
[Insert #3, if applicable.]
3. 1 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 the guidelines of the Agreement:
[LIST NAME OF RELEVANT DOCUMENT, e.g. Certificate of
Completion, Certificate of Performance, Occupancy Permit, etc.]
[INSERT if applicable "signed by (Name), a
(Profession, e.g. professional engineer,
professional architect or other applicable professional) for the Project."]
[Insert #4, if applicable.]
4. 1 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
REVIEW OR ASSESSMENT e.g., the Canadian Environmental
Assessment Act, 2012, Impact Assessment Act, or Northern Regime]:
4 Include known documents required under the program in in the space provided. Use a separate line for each document
using the same text/approach as in subparagraph i of each section. Additional documents may be added to this
schedule over the course of the agreement on concurrence of the Parties. If applicable, as per Section 5 (Agreement
Monitoring Committee), the AMC may review and recommend at any point over the duration of the Agreement that
notice be provided to change this schedule. As per Section 9 (sub -section 9.3 or 9.5 depending on the circumstance) -
Declaration of Substantial Completion - the Recipient is to request confirmation in writing from Canada as to whether
the list of documents is complete prior to signing the Declaration and submitting it to Canada with the final claim.
ACTIVE TRANSPORTATION FUND — CONTRIBUTION AGREEMENT FOR THE COVE 29
90
[LIST NAME OF RELEVANT DOCUMENT] signed by
(Name), an
(Profession, e.g. environmental consultant or other
applicable professional).
5. All terms and conditions of the Agreement that are required to be met as of
the date of this declaration have been met.
Declared at (City/Town), in
(Province/Territory)
this day of 20
Signature
ACTIVE TRANSPORTATION FUND - CONTRIBUTION AGREEMENT FOR THE COVE 30
91
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From: City of Saint John, New Brunswick <webform-noreply@saintjohn.ca>
Sent: Sunday, December 31, 2023 12:51 AM
To: Common Clerk <commonclerk@saintjohn.ca>
Subject: Webform submission from: Request to Present to Council Form
[ External Email Alert] **Please note that this message is from an external
sender. If it appears to be sent from a Saint John employee, please forward the
email to spamsample@saintiohn.ca or contact IT Service Desk at 649-6047.**
Submitted on Sun, 12/31/2023 - 00:50
Submitted by: Anonymous
Submitted values are:
About Person/Group Presenting
First Name:
Daniel
Last Name:
Meza
Name of Organization/Group (where applicable):
Dragonfly Events Planning
Address:
8-460 City Line
Saint John, New Brunswick. E2M 1M1
Canada
Day Time Phone Number:
15066393129
Email
reachouttodaniel(@Email.com
If you do NOT wish to have your personal information (address, phone number, email) become part of
the public record, please check this box.
Yes
About your Request
Iisk
Topic of Presentation:
Empowering Women in Business 2024 - EWB2024 (Conference)
Purpose for Presentation (what is the ask of Council):
Dragonfly Events Planning, a local business based in Saint John, NB, would like to present EWB2024 to
the council. EWB aims to create a dynamic platform for women in business to unite, inspire one
another, and delve into the latest trends and topics crucial for their business growth.
Our request to the City of Saint John is to fund/sponsor tickets for its own women leaders and deserving
women in business from underserved communities for professional development.
PURCHASE 10TICKETS PACKAGE HERE: https://dragonflynb.com/empowering-women-in-business-2024/
Background Information:
This two-day conference offers education, connections, and grants, in collaboration with organizations
that share a common vision of supporting women in business and contributing to the expansion of the
business sector in Saint John, New Brunswick, and beyond.
Speakers:
Maayan Ziv
Toronto guest
CEO of AccessNow
35 Innovators Under 35, MIT
Top 100 Most Powerful Women in Canada, WXN
Olaitan Onyebuoha
Canada's Top 100 Black Women to Watch
Hayley Bohan
Book Author "Brand -Worth -Loving"
Hilary Ladd
Musique NB (MNB) Awards nominees 2022
+30 FEMALE SPEAKERS, LEADERS AND INTERNATIONAL REFERENCES
Breakout sessions:
Key Strategies for entrepreneurs in the Saint John Region
Opportunities for Women in Business in NB
Build Your Symphony in Marketing and Branding
Female leaders defining the arts and culture business
Harmonizing Work and Life like a Pro
Overcoming Challenging Times: Economic Recession 2024
Strategies to Female Excellence in Sales
Tips for Mastering Financial literacy in Business
Building High performance teams
Women Driving Diversity and inclusion in the workplace
Pioneering Digital Transformation and Al in Business
How are Women Shedding Light on Sustainability and CSR?
Building a Great Environment in the Workplace
Are you making a request for funding?
Yes
From: City of Saint John, New Brunswick <webform-noreply@saintjohn.ca>
Sent: Wednesday, January 17, 2024 9:26 AM
To: Common Clerk <commonclerk@saintjohn.ca>
Subject: Webform submission from: Request to Present to Council Form
[ External Email Alert] **Please note that this message is from an
external sender. If it appears to be sent from a Saint John employee,
please forward the email to spamsamplea-saintiohn.ca or contact IT
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Submitted on Wed, 01/17/2024 - 09:26
Submitted by: Anonymous
Submitted values are:
About Person/Group Presenting
First Name:
Joel
Last Name:
Skogman
Name of Organization/Group (where applicable):
Saint John Horticultural Association
Address:
48 Seely Street
Saint John, New Brunswick. E2K 4B2
Canada
Day Time Phone Number:
(506) 657-1773
Email
sihort(a�nb.aibn.com
If you do NOT wish to have your personal information (address, phone number,
email) become part of the public record, please check this box.
No
`§F:3
About your Request
Topic of Presentation:
Collaborative Opportunity for Advancing Saint John's Tourism and Revenue through
Horticultural Association Events
Purpose for Presentation (what is the ask of Council):
The purpose of the presentation is to seek support and collaboration from the city
council for the initiatives and events organized by the Saint John Horticultural
Association. The key goals include:
Highlighting Investments: Showcase the substantial investments made in improving the
Campground, Public Gardens, and organizing Halloween and Christmas Market events
over the past year.
Emphasizing Potential Impact: Emphasize the potential of these events to attract
significant tourism and generate long-term revenue for the city.
Requesting Support: Clearly articulate the need for support from the city council,
specifically in the form of financial assistance or other types of resources, to ensure the
success and sustainability of these events.
Collaborative Benefit: Illustrate how a collaborative effort between the Saint John
Horticultural Association and the city council can bring about mutually beneficial
outcomes, fostering growth and prosperity for the city as a whole.
The overall aim is to persuade the city council members of the positive impact that
supporting these events can have on the community, encouraging them to endorse and
contribute to the success of the initiatives.
Background Information:
Organization Details:
Organization Name: Saint John Horticultural Association
General Manager: Joel Skogman
Financial Contributions and Renovations:
This year, the Saint John Horticultural Association has made substantial financial
contributions to improve and enhance buildings owned by the city.
Noteworthy renovations have been completed in almost every building within the
Campground and the greenhouses in the Public Gardens, demonstrating a commitment
to community development.
Event Success and Attendance:
Events organized by the association have seen remarkable success, with an excess of
Iifi�7
15,000 people in attendance.
The Halloween Walk experienced a significant increase in participation, nearly doubling
from the previous year.
Managerial Responsibility:
Joel Skogman, as the General Manager, is responsible for overseeing the Public
Gardens, greenhouses, and Rockwood Park Campground.
Historical Significance:
The Saint John Horticultural Association, established in 1892, has played a pivotal role
in the community.
In 1967, the association generously gifted Rockwood Park to the city, marking the
beginning of a longstanding mutually beneficial relationship.
Upcoming Events and Initiatives:
Plans include hosting the first annual Violet Festival in the Public Gardens, aiming to
bring in spring and highlight the gardens to the city.
The association intends to organize more music venues throughout the summer as free
concerts.
Continuing successful events such as the 3rd Haunted Campground Walk and the 2nd
Annual German Christmas Market.
Overall Impact:
Expanding events in Rockwood Park and the Public Gardens is anticipated to have
positive effects, including increased tourism, activation of public spaces, enhanced
value for citizens, and more.
This comprehensive background information is submitted in support of the request for
an audience with the city council to discuss collaboration and support for the Saint John
Horticultural Association's initiatives.
Are you making a request for funding?
Yes
Iiwe]
S-kjheDhy�
January 17, 2024
City of Saint John
15 Market Square
Saint John, NB E21- 41-1
Subject: Proclamation of YMCA Month
Dear Mayor Reardon and Council,
YMCA of Southwestern New
Brunswick
191 Churchill Blvd,
Saint John, NB E2K 3E2
swnb.ymca.ca
I am writing on behalf of the YMCA Southwestern New Brunswick to propose the proclamation
of a special month dedicated to the YMCA - a month that recognizes the outstanding
contributions and positive impact the YMCA has had on our community.
The YMCA has been a steadfast pillar in our community, embodying values of community
service, healthy living, and youth development. With a rich history spanning 170 years, the
YMCA has played an essential role in fostering inclusivity, promoting diversity, and bringing
people of all ages and backgrounds together.
We believe that recognizing the YMCA's contributions through an official proclamation would not
only celebrate the organization but also inspire community members to participate in the
festivities and activities planned for this momentous occasion. This proclamation would not only
honor the YMCA but also mark our 170 years of dedicated service to the community.
I kindly request that the City Council consider adopting a proclamation declaring May YMCA
Month in Saint John. This would not only acknowledge the significant impact of the YMCA but
also highlight the positive influence it has had on countless lives over the past 170 years.
I understand the demands on your time and appreciate your consideration of this request.
Thank you for your attention to this matter, and we look forward to celebrating this momentous
occasion with the entire community.
Sincerely, /
Jennifer Yeomans
JL~ a/kL/,D-
Chief Development Officer
506-634-4927
j.yeomans@yswnb.ca
121
From: City of Saint John, New Brunswick <webform-noreply@saintjohn.ca>
Sent: Monday, January 15, 2024 7:14 PM
To: Common Clerk <commonclerk@saintjohn.ca>
Subject: Webform submission from: Request to Present to Council Form
[ External Email Alert] **Please note that this message is from an
external sender. If it appears to be sent from a Saint John employee,
please forward the email to spamsamplea-saintiohn.ca or contact IT
Service Desk at 649-6047.**
Submitted on Mon, 01/15/2024 - 19:13
Submitted by: Anonymous
Submitted values are:
About Person/Group Presenting
First Name:
June
Last Name:
Rennick
Address:
Day Time Phone Number:
Email
If you do NOT wish to have your personal information (address, phone number,
email) become part of the public record, please check this box.
Yes
About your Request
Topic of Presentation:
Not for profit organizations
Purpose for Presentation (what is the ask of Council):
I would like the council to address the importance of accounting for all not for profit
organizations. Prioritize voice to be heard, and group charities based on foundation of
change to be made. Communicate to organizations the importance of downsizing the
`PA
dollar spent by probable grouping of charities to minimize funding.
Background Information:
We are being called lazy in Canada if we reference the news. We are looking at
recession and proactive movement could contribute to a great outcome.
Are you making a request for funding?
No
`P491
From: City of Saint John, New Brunswick <webform-noreply@saintjohn.ca>
Sent: Wednesday, January 17, 2024 4:05 PM
To: Common Clerk <commonclerk@saintjohn.ca>
Subject: Webform submission from: Request to Present to Council Form
[ External Email Alert] **Please note that this message is from an
external sender. If it appears to be sent from a Saint John employee,
please forward the email to spamsamplea-saintiohn.ca or contact IT
Service Desk at 649-6047.**
Submitted on Wed, 01/17/2024 - 16:04
Submitted by: Anonymous
Submitted values are:
About Person/Group Presenting
First Name:
Brenda
Last Name:
Lee
Name of Organization/Group (where applicable):
Age Friendly Active Communities New Brunswick
Address:
Day Time Phone Number:
(506) 754-5188
Email
afacnb. brenda(a-)gmail.com
If you do NOT wish to have your personal information (address, phone number,
email) become part of the public record, please check this box.
Yes
About your Request
Topic of Presentation:
Creating Age Friendly Communities in New Brunswick
Purpose for Presentation (what is the ask of Council):
I am asking to present information on the New Brunswick Age Friendly Community
Recognition Program for the purpose of the City of Saint John to pursue becoming
recognized as an age friendly community.
Background Information:
The New Brunswick Age -Friendly Community Recognition Program is a way of
encouraging communities and municipalities across the province to become welcoming
places for all ages. The program encourages the creation of policies, services and
structures that promote healthy aging and wellness. This initiative was started by the
World Health Organization and is backed by the Public Health Agency of Canada and
the Provincial Government.
The Age -Friendly Community movement encourages healthy aging and wellness under
the following eight areas:
Outdoor spaces and buildings
Transportation
Housing
Social participation
Respect and social inclusion
Civic participation and employment
Communication and information
Community support and health services
Work in these key areas can help seniors to live in secure, healthy environments where
they can contribute fully to society.
There are 4 basic steps:
-Pass a Municipal Resolution
-Establish an Advisory Committee
-Complete a community needs assessment
-Develop an Action Plan
Apply to be recognized as age friendly.
Are you making a request for funding?
No
`M1
From: City of Saint John, New Brunswick <webform-noreply@saintjohn.ca>
Sent: Monday, January 8, 2024 1:41 PM
To: Common Clerk <commonclerk@saintjohn.ca>
Subject: Webform submission from: Submission to Council Form
[ External Email Alert] **Please note that this message is from an external
sender. If it appears to be sent from a Saint John employee, please forward the
email to spamsample@saintiohn.ca or contact IT Service Desk at 649-6047.**
Submitted on Mon, 01/08/2024 - 13:41
Submitted by: Anonymous
Submitted values are:
About Person/Group Submitting
First name
Andrew
Last name
Folkins
Mailing Address
Telephone
Email
If you do not wish to have your personal information (address, phone number, email) become part of
the public record, please check this box.
No
About your Submission
Topic of submission
Shelters
Purpose for submission (what is the ask of council):
Removal
Executive summary
In the past couple of weeks, I have noticed shelters being set up in the Loyalist Burial ground. I think this
is absolutely absurd that the City allow this to happen.
This is a burial ground a place of sacred for the dead not a place to put up a tent, leave garbage and have
people urinate on loved ones stone.
I realize this is happening all over, but this is not the place nor should it ever be.
MAN
M&C No.
2024-14
Report Date
January 16, 2024
Meeting Date
January 22, 2024
Service Area
General Counsel
SUBJECT: Request for Expression of Interest for 21 Troop Street
EXECUTIVE SUMMARY OF COMMITTEE OF THE WHOLE REPORT FOR OPEN
SESSION OF COUNCIL
Staff have recently conducted an internal review of the City's land assets and have
identified properties that may be ready for sale for the purpose of re-
development. These parcels were considered by Growth Committee at its meeting
held November 21, 2023, and Growth Committee endorsed 21 Troop Street as
one of the parcels that are currently surplus to the City's needs. Staff are
recommending an open and transparent REO1 process to receive and evaluate
development opportunities for this site.
COUNCIL RESOLUTION
That the City deem the property at 21 Troop Street, comprised of PIDs 424283 and
55055230 as surplus to its needs.
lim-11
M&C No.
2024-004
Report Date
January 17, 2024
Meeting Date
January 22, 2024
Service Area
Growth and Community
Development Services
SUBJECT. 2024 Community Centre and Neighborhood Service Agreement
Renewal
EXECUTIVE SUMMARY OF COMMITTEE OF THE WHOLE REPORT FOR OPEN
SESSION OF COUNCIL
Community centres and neighborhood associations play a vital role in delivering
programs and services that enhance the quality of life for Saint John residents.
Since 2006, the City of Saint John has employed a community -based model for
the delivery of recreation and wellness services through partnerships with
various service providers. Funding is delivered through Community Centre
Service Agreements.
The City of Saint John funds six community centres throughout Saint John
through an alternate service delivery model. The centres provide access to
recreation and wellness activities at no cost to residents. These include the C.E.
Nick Nicolle Community Centre, Carleton Community Centre, South End
Community Centre, Boys and Girls Club, Millidgeville Community Centre, and the
Irving Oil Fieldhouse.
The City of Saint John has Community Centre Service Agreements with The One
Change Inc., Carleton Community Centre Inc., Boys and Girls Club, and the YMCA
of Greater Saint John Inc., to deliver services at these locations.
The City of Saint John Neighbourhood Services Agreements were established in
2016 to provide funding to non-profit service providers whose primary purpose
was to alleviate the effects of poverty for residents living in priority
neighborhoods. The service agreements were intended to provide longer term
funding to ensure the sustainability of neighbourhood services providers and
allow them to leverage the City's funding commitment to secure additional
sources of revenue.
The City of Saint John has Neighbourhood Services Agreements with The One
Change Inc., Carleton Community Centre Inc, P.U.L.S.E., Crescent Vally Resource
Centre, Waterloo Village Group, and the Human Development Council —Around
the Block and the Teen Resource Centre.
W16.1
In December 2022, all service agreements were renewed with community
partners for both Community Centres and Neighbourhood Associations.
Three of the twelve agreements were renewed for a one-year term in order for
each to address specific objectives including restructuring, service
improvements, and evaluation and reporting requirements. These include the
Millidgeville Community Centre, operated by the YMCA, the Waterloo Village
Neighbourhood Group, and the Around the Block Community Newspaper,
operated by the Human Development Council.
After review of the three above agencies staff is recommending the renewal of
the Millidgeville Community Centre (YMCA) service agreement as well as
entering into an agreement with the Corporation of the Anglican Parish of St.
Mark, Saint John for the Waterloo Village Neighbourhood Group. Both are for a
period of 3 years to expire on December 31, 2026. Based on staff evaluation and
a letter submitted from the Human Development Council, staff recommend not
to renew the expired contract for the Around the Block Newspaper.
COUNCIL RESOLUTION
RESOLVED that the parties enter into an agreement in consideration for the
annual grant between the City of Saint John and the Corporation of the Anglican
Parish of St. Mark, Saint John. (Waterloo Village Neighbourhood Group) for a
period of three (3) years, from January 1, 2024, until December 31, 2026, as
outlined in Appendix 'A' of the 2024 Community Centre and Neighbourhood
Service Agreement Renewals report submitted to the Committee of the Whole
agenda of January 22, 2024, and that the Mayor and City Clerk be authorized to
sign all necessary documentation.
RESOLVED that the parties renew the agreement in consideration for the
annual sum of $54,375.58 (HST included) between the City of Saint John and
the YMCA of Greater Saint John Inc. for services at Millidgeville Community
Centre for a period of three (3) years, from January 1, 2024, until December 31,
2026, as outlined in Appendix'B' of the 2024 Community Centre and
Neighbourhood Service Agreement Renewals report submitted to the
Committee of the Whole agenda of January 22, 2024, and that the Mayor and
Common Clerk be authorized to sign all necessary documentation.
RESOLVED that the City of Saint John retains the funds resulting from the
terminated agreement with HDC for future consideration of proposals for
services or projects that aim to alleviate the effects of poverty within Saint John
neighbourhoods.
`[till
-5-
M&C No.
2024-024
Report Date
January 18, 2024
Meeting Date
January 22, 2024
Service Area
Finance and
Administrative Services
SUBJECT: Saint John Energy FCM Loan & Grant Request
EXECUTIVE SUMMARY OF COMMITTEE OF THE WHOLE REPORT FOR OPEN
SESSION OF COUNCIL
Saint John Energy (SJE) have made a formal request to the City to support their
application to the Federation of Canadian Municipalities (FCM) Community
Efficiency Financing (CEF) program which includes the opportunity to obtain a low
interest loan for up to $10 million dollars and a grant for up to $5M based on 50%
of the loan value drawn. The Finance Committee supported the recommendation
to proceed with the application.
SJE's CEF application is primarily focused on providing alternative funding for Heat
Pumps that would otherwise have been purchased and financed using SJE's
revolver credit facility, over a four-year period. The loan amount is up to a
maximum of $10 million. The CEF program only provides funding of 80% with SJE
providing the balance of the cost to purchase the Heat Pumps. Using this loan
will allow SJE to access CEF grant funds up to $5 Million. This funding will be used
to offset costs of delivering this program and improving the efficiency and capacity
for SJE to deliver this and similar programs for the benefit of our customers.
COUNCIL RESOLUTION
Be it Resolved:
"1) That, subject to (i) Federation of Canadian Municipalities (FCM) approval of
Saint John Energy's (SJE) Community Energy Fund (CEF) application, (ii) the
approval of the definitive loan and guarantor agreements by the Board of SJE and
(iii) the approval of the definitive loan and guarantor agreements by the City, the
City is prepared to guarantee the loan portion of SJE's potential funding under the
CEF funding program and recognizes that doing so will require that the City be an
additional signatory to SJE's FCM loan and grant agreement, as Guarantor. And
2) That the Mayor be authorized to send a letter to FCM in this respect."
131
fI F .
M&C No.
2024-026
Report Date
January 17, 2024
Meeting Date
January 22, 2024
Service Area
Corporate Services
SUBJECT: Code of Conduct Complaints — Councillors Harris and Killen
EXECUTIVE SUMMARY OF COMMITTEE OF THE WHOLE REPORT FOR OPEN
SESSION OF COUNCIL
The purpose of this report is to formally resolve all matters related to Code of
Conduct complaints filed against Councillors Harris and Killen.
COUNCIL RESOLUTION
4. That the City enter into a Settlement Agreement with Brent Harris and
Joanna Killen in the form presented to Committee of the Whole at its
January 22, 2024 meeting and that the Mayor and Clerk be authorized to
execute the said Agreement; and further
5. That Brent Harris and Joanna Killen be reinstated to their respective Boards
and Committees in the capacity of members of such Boards and
Committees, from which duties they were temporarily relieved by decision
of Council at its October 3, 2023 meeting.
`19%