2008-11-17_ Supplemental Agenda Packet--Dossier d'ordre du jourCity of Saint John
Common Council Meeting
Monday, November 17, 2008
Location: Common Council Chamber
Supplemental to Agenda
5.4 Request for Proposal Employee Pension Plan
8.1 Saint John Waterfront Development Presentation
12.4 Designation of Individuals for By -Law Enforcement Purposes
13.3 Appeal of Planning Advisory Committee Decision Grant of Variance Respecting 117
Carleton Street
City of Saint John
Seance du conseil communal
Le lundi 17 novembre 2008
Lieu : Salle du conseil communal
Ordre du jour supplementaire
5.4 Demandes de proposition — Regime de retraite des employes
8.1 Presentation relative a 1'amenagement du secteur riverain de Saint John
12.4 Nomination de membres pour 1'execution des arretes municipaux
13.3 Appel de la decision prise par le Comite consultatif d'urbanisme — Autorisation d'une
derogation relativement au 117, rue Carleton
City of Saint John
Request for Proposal
2008- 092207P
FINANCIAL ADVISORY SERVICES - CITY OF SAINT JOHN
EMPLOYEE PENSION PLAN
SAINT JOHN, NB
Sealed proposals addressed to Elizabeth Gormley, Common Cleric, 8th Floor of City Hall, 15
Market Square, Saint John, N.B., E2L 4L1, and marked on the envelope:
"PROPOSAL 2008- 092207P
FINANCIAL ADVISORY SERVICES - CITY OF SAINT JOHN
EMPLOYEE PENSION PLAN
will be received until 4:00 p.m. A.D.T., Thursday, xxxxx, 2008, for advisory services for the
City of Saint John Employee Pension Plan as per specifications and terms and conditions.
Proposals will be opened publicly in the office of the Common Clerk, 8th Floor of City Hall, 15
Market Square, immediately following the proposal submission deadline.
The lowest or any proposal not necessarily accepted.
David Logan
Purchasing Agent
(506) 658 -2930
TABLE OF CONTENTS
PREAMBLE................................................................................................... ............................... 3
BACKGROUND............................................................................................ ............................... 3
1.0 INTRODUCTION .................................................................. ............................... 5
1.1 Purpose ........................................................................................ ..............................5
1.2 Eligibility ................................................................................... ............................... 5
1.3 Nature of Work .......................................................................... ............................... 5
2.0 SELECTION PROCESS ....................................................... ............................... 5
2.1 RFP Stage ................................................................................... ............................... 5
2.2 Procurement Timeline ................................................................ ............................... 5
3.0 THE SCOPE OF WORK ...................................................... ............................... 6
3.1 Role of Consultant ..................................................................... ............................... 6
3.2 Proposal Call responses must contain the following: ............................................... 6
4.0 EVALUATION ...................................................................... ............................... 7
4.1 Evaluation Criteria ..................................................................... ............................... 7
4.2 Evaluation Process ..................................................................... ............................... 8
4.3 Notification of Award .............................................................. ............................... 10
5.0
SUBMISSION INSTRUCTIONS ....................................... ...............................
10
5.1
Submission Time and Location ............................................... ...............................
10
5.2
Proposal Opening Procedure: .................................................................................
11
5.3
Mandatory Requirements ......................................................... ...............................
11
5.4
Receipt of Complete RFP ........................................................ ...............................
11
5.5
Submission Declaration Form .................................................. ...............................
12
5.6
Enquiries .................................................................................. ...............................
12
5.7
Fax and Email Communications .............................................. ...............................
13
5.8
Unofficial Information ............................................................. ...............................
13
5.9
Addenda ................................................................................... ...............................
13
5.10
Inconsistency between Paper and Electronic Form .............. ...............................
14
5.11
Revisions Prior to the Submission Deadline ........................ ...............................
14
6.0 RFP TERMS AND CONDITIONS .................................... ............................... 14
6.1 Confidentiality ......................................................................... ............................... 14
6.2 Cost of Preparing Proposals ..................................................... ............................... 14
6.3 Limitation of Damages ............................................................ ............................... 15
6.4 Reservation of Rights ............................................................... ............................... 15
6.5 Ownership of Proposals ........................................................... ............................... 16
6.6 Disclosure ................................................................................ ............................... 16
7.0 DEFINED TERMS .............................................................. ............................... 17
APPENDIX A: SUBMISSION DECLARATION FORM
Citv of Saint John Page i
530888- 000001 - 1400877v2
APPENDIX B: FORM OF CONTRACT ( DRAFT COPY — REFERENCE ONLY)
ENCLOSURES:
1) PENSION PLAN, ANNUAL REPORTS — PAST 10 YEARS
2) ACTUARIAL REPORTS — PAST 10 YEARS
3) POLICIES OF THE PENSION BOARD:
a. INVESTMENT POLICY
b. ASSET/LIABILITY STUDY
4) PENSION ACT / HEART AND LUNG
5) CORRESPONDENCE RELATED TO THIS ISSUE
6) COPIES OF COLLECTIVE AGREEMENTS:
a. LOCAL 18 OUTSIDE WORKERS
b. LOCAL 486 INSIDE WORKERS
c. LOCAL 771 FIREFIGHTERS
d. LOCAL 61 SAINT JOHN POLICE FORCE
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a
REQUEST FOR PROPOSALS
2008- 092201P
Financial Advisory Services — City of Saint John
Employee Pension Plan
PREAMBLE
The City of Saint John Employee Pension Plan, (The Plan), is established by way of provincial
legislation, City of Saint John Pension Act and provides pension and disability benefits to
employees of the City of Saint John and the City of Saint John Board of Police Commissioners.
The Plan is administered by the Board of Trustees appointed by Common Council of the City of
Saint John, management, unionized employees, non - unionized employees and retirees
respectively. The Plan is also subject to the provisions of the New Brunswick Pension Benefits
Act which became effective January 1, 1992.
The Plan has assets in excess of $325 million which are held by the Royal Trust Corporation of
Canada which acts as custodian of the Plan. The assets of the Plan are managed by six different
investment managers who have discretionary investment authority within investment mandates
given to them by the Board of Trustees.
The Plan, not unlike plans of similar nature and stricture, finds itself facing an ongoing funding
deficit that if left unchecked may continue to grow .
BACKGROUND
Previous Common Councils have struggled under the weight of funding shortfalls and have, at
the recommendations of both the City Manager and the Plans Actuarial Advisors, implemented
some changes that have had a modicum of success but have failed to address the underlying
cause of the ongoing funding deficit.
Council continues to proactively seek a means to provide a long -term sustainable pension
benefit to employees by means that will not unduly, or unpredictably, cause a significant undue
financial impact on either taxpayers or employees of the City of Saint John.
The most recent recommendation of the City Manager, to Council, calls for the preparation of a
Request for Proposals (RFP) for the engagement of very specific advisory services. The selected
consultants will have a depth of knowledge and experience on the topic of employee pension
plans and the various options available to the stakeholders to ensure the financial stability and
sustainability of such plans.
Citv of Saint John Page 3
In preparation for the creation of this proposal call, Common Council, in open session and at the
recommendation of the City Manager, adopted the following statements and /or premises, both as
the employer and plan sponsor.
It is assumed that since Council did not exercise its right to alter, amend or delete any of the
following statements that; "These statements will serve as the basis or "guiderails" for any third
party as they work through a process to arrive at a series of recommendations for Common
Council to consider."
1) It is an objective of the City of Saint John to provide a pension benefit to its existing
and future employees. A pension benefit is seen as a critical element to attracting
individuals to public service.
2) The City of Saint John remains committed to "Legislative Framework" describing the
contribution rates and benefits of the Pension Plan. If the current Legislated Plan can
be amended to ensure Long Term Sustainability, that would be the City's preferred
option. If "best practices" indicate other options are deemed more beneficial, Council
would consider such options.
3) The City of Saint John is committed to being an equal partner with employees in any
required funding formula. Taxpayers ought not to be asked to contribute more than
employees over the long term.
4) The City of Saint John recognizes that employees as well as current retires have been
promised, earned and now are entitled to benefits under the current Legislation. The
City understands this is the City's current responsibility.
5) The City of Saint John is not opposed to making changes with respect to the
composition of the Board of Trustees, based on best practices and maintaining
Council's accountability to the public.
6) The City of Saint John is not opposed to pursuing the possibility of a two tiered set of
benefits or different plans for different employee groups.
7) The City of Saint John is not opposed to exploring the possible merits of pooling
funding and benefits with other public employee groups.
8) The City of Saint John is not opposed to exploring the option of providing long term
disability income through some mechanism other than the City of Saint John Pension
Plan.
9) The City of Saint John's position is that the provision of a retirement benefit or
pension plan has not previously been a "negotiated item" with any employee group
nor will it be in the future.
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1.0 INTRODUCTION
1.1 Purpose
1.1.1 The City of Saint John is pleased to invite proposals from qualified and experienced
firms that can provide financial and business advisory services to Common Council in
connection with the City of Saint John Employee Pension Plan. The City will select a
Proponent based on the criteria set forth in this RFP and enter into a Contract with that
entity for provision of the Services in the form of and containing the general terms and
conditions set forth in Appendix B to this RFP.
1.2 Eligibility
1.2.1 Qualified firms ( "Proponents ") are invited to submit a proposal to provide financial
and business advisory services as detailed in this RFP.
1.3 Nature of Work
1.3.1 At this time, all discussions related to this assignment are highly confidential. Please
refer to Section 6.1 of this RFP.
2.0 SELECTION PROCESS
2.1 RFP Stage
2.1.1 Proponents must submit their Proposals in accordance with the requirements of this
RFP no later than the Submission Deadline set forth. Based on their Proposals, the
City may invite Proponents to make presentations, in person, to the Evaluation
Committee. Following completion of the evaluation of Proposals by the Evaluation
Committee, a Successful Proponent will be selected, based on its Proposal and
presentation (if applicable), to enter into the Contract. The Successful Proponent (the
"Consultant ") should be prepared to enter into the Contract and commence work on
the assignment by January 31, 2009.
2.2 Procurement Timeline
Issue of RFP for Advisory Services
November 30, 2008
Submission Deadline
January 8, 2009
Assignment Commencement Date
January 31, 2009
Final Report and Recommendation
April 30th 2009
Page
3.0 THE SCOPE OF WORK
3.1 Role of Consultant
The services described in the scope of work that are to be provided by the Consultant will form
part of the terms and conditions of the Contract upon award.
The Mayor and Common Council of the City of Saint John are seeking the services of a qualified
individual or firm to provide financial advisory services for the purposes of establishing a set of
options aimed at sustaining the viability of the employee pension plan with the requirement to
fund the continuing cost of a going concern deficit as identified by actuarial reviews.
Included with this call for proposals is the following information which should be useful in
preparing the proper response:
1) Audited financial statements, previous 10 years
2) Actuarial reports, previous 10 years
3) Policies of the Pension Board ( Investment Policy, Asset/Liability Studies)
4) Copy of the Pension Act along with "Heart and Lung"
5) Copies of Collective Agreements re "disability provisions"
6) Copies of 2 pieces of correspondence to the City Manager from the Plan's Actuary
related to this issue
3.2 Proposal Call responses must contain the following:
1) General information on the individual bidder or firm and the services provided
including any specialized fields of experience.
2) Details of the individual's, or firms, experience with the provision of financial
advisory services similar to City of Saint John Employee Pension Plan, include
references.
3) In the case of a firm; submit details for the staff who will be assigned to the
provision of the required services, including their resume, experience and current
position within the firm.
4) Methodology; bidders are to include a detailed, well organized and simplistic plan
for the provision of the required services. As a part of this plan it is anticipated
that bidders are prepared to; a) review and address the "statements and /or
premises" adopted by Council, b) formulate and present their own statements
and /or premises, based on their experience, that either support or challenge those
adopted by Council, c) describe how they plan to communicate openly and
frequently with Council in order to educate them on the issues, and ensure that
neither they nor Council deviates from the path as laid out by Council in this
proposal call.
Page 6
5) In a separate, sealed envelope, include an estimated range of cost for the provision
of this service. Notwithstanding the existence of any regulations or by -laws
which govern the members of your industry and that could result in your inability
to submit a competitive bid price, it is important, as we are a publicly funded
body, that we know, with some degree of certainty, the value of the service to be
purchased.
4.0 EVALUATION
4.1 Evaluation Criteria
4.1.1 The Evaluation Committee (Common Council) will evaluate Proposals by
application of the Evaluation Criteria outlined below:
Submissions will be judged on the following criteria:
Quality and Completeness:
Has the proponent addressed all of the items indicated to be contained in the
response? Is the proposal presented in an organized and professional manner?
Experience
Has the proponent demonstrated a level of expertise in keeping with the
requirements of the services requested? (Include references for services of a
similar nature).
Has the proponent demonstrated a level of professionalism and expertise for the
employees of his company? (Include resumes for staff ).
Methodolo2y
Rates
Does the bidders approach to the delivery of the required services correspond with
the expectations of Council and provide evidence that the bidder fully understands
the scope and requirements of the requested service?
Does the bidders approach describe realistic expectations and set out attainable
goals, within reasonable time frames?
Cost is always a concern. However, it is not the principle factor in this instance.
Cost will be given due consideration during the evaluation and selection process.
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4.2 Evaluation Process
4.2.1 Role of the Evaluation Committee:
• Following the public opening of the proposal submissions the Common Clerk will
distribute a copy of each respondents bid along with a copy of the original
proposal call and a Proposal Evaluation Summary Form to each member of the
Proposal Evaluation Committee.
• In addition to this information the Common Clerk will poll the Committee
members in order to establish a date, time and location for a meeting of the
Committee as a group
• In preparation for this meeting the Committee members should;
■ Review the Proposal call in order to refresh their memories about
what the bidders were asked to respond to,
■ Read each proponents submission through once without concern
for scoring or ranking,
■ Reread each proposal with pen in hand and score sheet available in
order to apply values to each bidders responses as they relate to the
evaluation criteria contained in the proposal call, make note of any
comments, questions or concerns,
■ Total the points assigned to each bidder and rank them in order of
the highest score to the lowest along with your rationale for the
choices you made,
• Meet as a group and present to the Facilitator or Chair Person, your individual
ranking and rationale along with any questions or concerns you have as a result of
your evaluations,
• Open the Financial Proposals and assign values as outlined on your score sheets,
• Add the values to your previous totals and realign the ranking of the bids if
necessary,
• Resolve which response best meets, in the majority opinion of the evaluation
committee members, the best interests of the City, the employees and the pension
plan,
• Determine if there exists a need to short list the proponents in order to provide an
opportunity to hear oral presentations and undertake a question and answer
session for the purposes of clarity, — notify the short- listed bidders.
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• If oral presentations are necessary, then only afterwards, resolve which response
best meets, in the majority opinion of the evaluation committee members, the best
interests of the City, the employees and the pension plan.
4.2.2 To assist in evaluation of the Proposals, and in determining their suitability,
acceptability and credibility, the Evaluation Committee may, in its sole and
absolute discretion:
• Conduct reference checks with any or all of the references cited in a Proposal to
verify any and all information regarding a Proponent, inclusive of its directors,
officers, partners, employees and Key Personnel, whether contained in the
Proposal or not, and to conduct any background investigations that it considers
necessary in the course of the Competitive Selection Process;
• Rely on and consider any information from such cited references;
• Take into consideration information from other sources;
• Seek clarification from any or all Proponents or seek further information from any
or all Proponents;
• Consider such supplementary information in the evaluation; and
• Request interviews /presentations with any or all Proponents to clarify any
questions and /or considerations based on the information provided in Proposals.
The Evaluation Committee will take into consideration the presented information.
4.2.3 If in the opinion of the Evaluation Committee, any Proposal contains a defect or
irregularity, or fails in some way to comply with any requirement of this RFP that,
in the opinion of the Evaluation Committee, can be remedied without providing
an unfair advantage to one or more Proponents, the Authorized Enquiry Contact
may request clarification from the Proponent.
4.2.4 The City is not obligated to accept a Proposal where, in the sole and absolute
discretion of the Evaluation Committee:
4.2.4.1 Background investigations:
a. Reveal any false statements in the Proposal;
b. Reveal any criminal affiliations or activities by the Proponent and such
affiliations or activities would, in the sole opinion of the Evaluation
Committee, interfere with the integrity of the Competitive Selection
Process.
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4.2.4.2 The Proposal does not comply with the requirements of this RFP unless
such non - compliance can be remedied or clarified without compromising
the integrity or fairness (as determined by the Evaluation Committee in
its sole and absolute discretion) of the Competitive Selection Process; or
4.2.4.3 The Proposal includes a false or misleading statement, claim or
information.
4.3 Notification of Award
4.3.1 A written notice to the Proponent Representative, as identified in completed
Appendix A — Submission Declaration Form, is the only valid form of notification
of award.
5.0 SUBMISSION INSTRUCTIONS
5.1 Submission Time and Location
Each Proponent shall deliver 15 copies of their proposal submissions including; 1 signed
original and 14 photo copies along with electronic copies (CD) of the Technical Proposal and
supporting information, and 1 signed original copy of their Financial Proposal, (in a separate
sealed envelope) to the following address no later than the Submission Deadline of 4:00p.m.
A.D.T., Thursday, XXXX, 2008 to:
Common Clerics Office,
8" a Floor City Hall
P. O. Box 1971
15 Market Square
Saint John, NB,
E2L lE8
Attention: Elizabeth Gormley, Common Clerk
5.1.1 Proposals sent by fax or email will NOT be accepted.
5.1.2 Proposals received after the Submission Deadline will not be considered and will
be returned unopened.
5.1.3 The City assumes no responsibility for improperly addressed or delivered
Proposals.
5.1.4 The Technical Proposal shall be in a sealed envelope or container, clearly
indicating the Proponent's name and address and marked: "Proposal: 2008 -
092207P — Financial Advisory Services — City of Saint John Employee
Pension Plan"
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5.1.5 The Financial Proposal shall be sealed in a separate envelope, clearly indicating
the Proponent's name and address and marked: "Financial Proposal: 2008 -
092207P — Financial Advisory Services — City of Saint John Employee
Pension Plan ".
5.2 Proposal Opening Procedure:
Immediately following the closing time for receipt of bids, proposals will be opened publicly in
the office of the Common Clerk. At that time, the names of firms or individuals will be read into
the public record. No other information contained in the proposal submissions will be made
public at this time.
Proposals will be distributed to the Mayor and members of Common Council, who will form an
Evaluation Committee that will review each bid and make recommendations. This Committee of
Council may, at its sole discretion short list the proposals and require presentations to the
Committee from each bidder on the shortened list.
Award of this proposal will be at the sole discretion of the Mayor and Common Council of the
City of Saint John.
5.3 Mandatory Requirements
5.3.1 Each Proposal must comply with the following Mandatory Requirements.
Substantially non - compliant Proposals may not be evaluated in the sole and
absolute discretion of the Evaluation Committee.
53.2 The Mandatory Requirements for each Proposal are listed below. Each Proposal
must:
I. Be in English;
2. Be received at the Submission Location before the Submission Deadline;
3. Be addressed to the person named in Section 5.1;
4. Adhere to the form and content as required under this RFP;
5. Be for the entire scope of work as contained in this proposal call.
Incomplete Proposals or Proposals for only part of the scope of work
described will be rejected;
6. Specify personnel assigned to the Project including their proposed roles.
5.4 Receipt of Complete RFP
5.4.1 Proponents are responsible for ensuring that they have received the complete
RFP, as listed in the table of contents of this RFP. Submission of a Proposal by a
Proponent constitutes a representation by that Proponent that it has verified
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receipt of a complete RFP (including all Addenda). Each and every Proposal is
deemed to be made on the basis of the entire RFP (including all Addenda) issued
prior to the Submission Deadline. The City accepts no responsibility for any
Proponent lacking any portion of the RFP, any Addenda or any other information
whatsoever.
5.5 Submission Declaration Form
5.5.1 The Submission Declaration Form provided in Appendix A must be completed,
signed by the Proponent and the Proponent's Representative and included with
the Proponent's Proposal in order for such Proponent to receive any additional
information associated with this RFP (if applicable).
5.6 Enquiries
5.6.1 All enquiries and communications regarding this RFP (including notification of
any discrepancies or errors or omissions) must be submitted in writing, no later
than five (5) business days prior to the Submission Deadline, only to the attention
of:
David Logan
Purchasing Agent
Materials Management
City of Saint John
Email: dave.lovan(t-�,saintiohn.ca
Fax: (506) 658 -4742
Questions of a financial nature may be referred to Gregory J. Yeomans,
Treasurer, City of Saint John Employee Pension Plan.
The City reserves the right not to respond to enquiries. Responses by the City to
enquiries will be made in writing and distributed by fax to all Proponents
registered as having received the RFP as of the date the response is prepared by
the City. The City will not identify the source of the question in the response.
Orally communicated information shall not be binding upon the City. Enquiries
after the foregoing deadline will not receive a response.
5.6.2 If a Proponent requests that an enquiry be treated as confidential, the City will
either treat the enquiry or any reply as confidential or inform the Proponent that it
will not respond to the enquiry unless the Proponent withdraws in writing its
request that the enquiry be treated as confidential.
5.6.3 The City is not responsible for any error that may occur from submission of
communications or enquiries.
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5.6.4 Hand delivered communications or enquiries at the office of the City's authorized
contact for enquiries noted in Section 5.6.1 above (the "Authorized Enquiry
Contact ") will be accepted weekdays from 8:30 a.m. to 4:30 p.m. (A.D.T.) and
shall clearly state "Proposal: 2008- 092207P — Financial Advisory Services —
City of Saint John Employee Pension Plan"
5.7 Fax and Email Communications
5.7.1 The following provisions shall apply to any communications with the Authorized
Enquiry Contact or the delivery of documents to the Authorized Enquiry Contact
by fax or email where such fax or email communication or delivery is permitted
by the terms of this RFP:
5.7.1.1 The City does not assume any risk or responsibility or liability
whatsoever to any Proponent:
a. for ensuring that any fax transmission equipment or electronic email system
being operated for the City is in good working order, able to receive
transmissions, or is not engaged in receiving other transmissions such that a
Proponent's transmission cannot be received; and/or
b. if a permitted fax or email communication or delivery is not received by the
City, or is received in less than its entirety, within any time limit specified
by this RFP.
5.7.1.2 All permitted fax or email communications with, or delivery of
documents to, the Authorized Enquiry Contact will be deemed to have
been received by the Authorized Enquiry Contact on the dates and times
indicated on the Authorized Enquiry Contact's fax transmission
equipment or electronic email system.
5.8 Unofficial Information
5.8.1 Information offered from sources other than the Authorized Enquiry Contact with
regard to the content, intent or interpretation of this RFP is not official, may be
inaccurate and should not be relied on in any way, by any person or firm, for any
purpose.
5.9 Addenda
5.9.1 Written Addenda are the only means of amending or clarifying this RFP. Only the
Authorized Enquiry Contact is authorized to amend or clarify this RFP by issuing
an Addendum. No other employee or agent of the City is authorized to amend or
clarify this RFP. The City may, in its sole and absolute discretion through the
Authorized Enquiry Contact, and with notice in writing to Proponents, amend or
clarify the terms or content of this RFP before the Submission Deadline. While
the City will make reasonable efforts to deliver each Addendum to all Proponents,
it makes no guarantee of timely delivery of any Addendum to any person or firm.
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5.9.2 Addenda will be faxed, mailed or hand delivered to Proponents. Each Addendum
contains a notification which Proponents are required to sign and include with
their Proposal.
5.10 Inconsistency between Paper and Electronic Form
5.10.1 If there is any inconsistency between the paper form of a document issued by or
on behalf of the City to Proponents and the digital, electronic or other computer
readable form, the paper form of the document prevails.
5.11 Revisions Prior to the Submission Deadline
5.11.1 By submission of a clear and detailed written notice, the Proponent may amend or
withdraw its Proposal prior to the Submission Deadline. At the Submission
Deadline, all Proposals which have not been previously amended or withdrawn
become irrevocable for a period of at least [90] days. By submission of a
Proposal, the Proponent agrees that, should its Proposal be successful, the
Proponent will enter into a Contract with the City in the form of and containing
the general and terms and conditions set forth in Appendix "E" to this RFP.
5.11.2 The Proponent will not be entitled to change the wording of its Proposal after the
Submission Deadline and no words or comments will be added to the Proposal
unless requested by the City for purposes of clarification.
6.0 RFP TERMS AND CONDITIONS
6.1 Confidentiality
6.1.1 It is anticipated that the Consultant for the work described in this RFP will have
access to non - public information that could materially improve, or reasonably be
perceived to improve, the relative competitive position of a Bidder for the Project
( "Confidential Information ").
6.1.2 The Consultant agrees to, and to cause its employees and agents to, (a) keep all
Confidential Information confidential and secure; (b) limit the disclosure of
Confidential Information to only those employees who have a need to know it and
who have been specifically authorized to have such disclosure; (c) not directly or
indirectly disclose, destroy, exploit or use any Confidential Information (except
for the purpose of preparing and delivering its Proposal, or except if required by
order of a court or tribunal), without first obtaining the written consent of the
City.
6.2 Cost of Preparing Proposals
6.2.1 Each Proponent is solely responsible for all costs it incurs in the preparation of its
Proposal, including costs of providing information requested by the City,
attendance at meetings and conducting due diligence.
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6.3 Limitation of Damages
6.3.1 Each Proponent, by submitting a Proposal, agrees that:
1. In the event any or all Proposals are rejected, or the scope of Services or
the Competitive Selection Process is modified, suspended or cancelled for
any reason (including modification of the scope of the Project or
modification of the RFP or both), neither the City nor any of its
employees, advisors or representatives will be liable, under any
circumstances, for any Claim or to reimburse or compensate the Proponent
in any manner whatsoever, including but not limited to costs of
preparation of the Proposal, loss of anticipated profits, loss of opportunity
or for any other matter; and
2. The Proponent waives any and all Claims whatsoever, including Claims
for loss of profits or loss of opportunity, in the event that the Proponent is
rejected or Disqualified in the Competitive Selection Process or for any
other reason.
63.2 Under no circumstances, including the cancellation of this RFP and /or the
decision not to proceed with the Competitive Selection Process, will the City be
liable for any costs incurred by Proponents.
6.4 Reservation of Rights
6.4.1 The City reserves the right, in its sole and absolute discretion, to:
1. Amend the scope of the Services, modify, cancel or suspend the RFP or
the Competitive Selection Process, at any time for any reason;
2. Require Proponents to provide additional information after the Submission
Deadline to support or clarify their Proposals;
3. Require any or all Proponents to attend an interview with the Evaluation
Committee;
4. Accept or reject any Proposal based on the Evaluation Criteria as
determined in the sole and absolute discretion of the Evaluation
Committee;
5. Not accept any or all Proposals;
6. Reject any or all Proposals without any obligation, compensation or
reimbursement to any Proponent or any of its team members;
7. Withdraw this RFP and cancel or suspend the Competitive Selection
Process;
Page 15
8. Re- advertise for new submissions, call for tenders, or enter into
negotiations for the Services or for work of a similar nature with any
person or firm whether pursuant to a competitive procurement or tender
process or otherwise;
9. Make any changes to the terms of the business opportunity described in
this RFP; or
10. Extend, from time to time, any date, any time period or deadline provided
in this RFP (including, without limitation, the Submission Deadline), upon
written notice to all Proponents.
6.4.2 The City is not obligated to accept the lowest cost or any Proposal submitted. The
City further reserves the right to select the Successful Proponent in any manner
deemed (in its sole and absolute discretion) to be in the best interests of the City.
6.5 Ownership of Proposals
6.5.1 All documents, including Proposals, submitted to the City shall become the
property of the City, but will be received and held in confidence.
6.6 Disclosure
6.6.1 The City is committed to an open and transparent Competitive Selection Process
while understanding the Proponents' need for protection of confidential
commercial information. To assist the City in meeting this commitment,
Proponents will cooperate and extend all reasonable accommodation to this
endeavour.
6.6.2 Immediately following the Submission Deadline, Proposal packages will be
publicly opened in the office of the Common Clerk. Only the names and
addresses of the Proponents will be made public at that time. No other
information about the Proposals will be disclosed at that time. Proposals will then
be forwarded to the Evaluation Committee for evaluation as set forth in this RFP.
6.6.3 To ensure that all public information generated about the Project is fair and
accurate and will not inadvertently or otherwise influence the outcome of the
Competitive Selection Process, all public information generated in relation to the
Project, including communications with the media and the public, must be
coordinated with, and is subject to the prior approval of, the City.
6.6.4 Proponents will notify the City of requests for information or interviews from the
media.
6.6.5 Proponents will ensure that all of the Proponent Team members and others
associated with the Proponent comply with the foregoing requirements.
Page 16
6.6.6 The City of Saint John is not exempt from the Harmonized Sales Tax. Applicable
taxes are to be bid as extra to the prices quoted.
6.6.7 Proposals received by fax will not be accepted.
7.0 DEFINED TERMS
The following terms are not otherwise defined in this RFP and shall have the following
respective meanings:
Addenda or Addendum means each and every written document issued by the Authorized
Enquiry Contact for the purpose of amending or clarifying this RFP.
Authorized Enquiry Contact means the person(s) identified as such in this RFP.
Authorized Representative means the person(s) or firms(s) having the authority to legally bind
the Proponent.
Bidder means any entity, including a company, firm, consortium, joint venture or partnership,
which responds to a request for proposals or other procurement or tender document relating to
the Project.
Business Day means a day other than a Saturday, Sunday or statutory holiday in New
Brunswick.
City means The City of Saint John, New Brunswick.
Claim means any claim, demand, liability, damage, loss, suit, action, or cause of action or other
proceedings by whomsoever claimed and all costs and expenses relating thereto.
Competitive Selection Process means the overall process for the selection of a Consultant to
provide the Services as contemplated in this RFP.
Confidential Information has the meaning set forth in Section 6. 1.1 of this RFP.
Consultant means the Successful Proponent as contemplated in this RFP that has been
appointed as the Consultant pursuant to a Contract.
Contract means a written contract in the form annexed to this RFP as Appendix E, to be entered
into between the Successful Proponent and the City relating to the appointment of the Successful
Proponent as the Consultant hereunder and the provision of the Services.
Disqualification or Disqualified or Disqualify means exclusion of a Proponent's Proposal by
the City from the Competitive Selection Process.
PPage 17
�xAINY,OHN
Evaluation Committee means a committee, including sub - committees, established by the City
to evaluate the Proposals.
Evaluation Criteria means the evaluation criteria set forth in Appendix A.
Key Personnel means the key individuals, identified in Appendix C, that the Consultant will
utilize in providing the Services.
Mandatory Requirements means the requirements identified in this RFP as such.
Person means an individual, corporation, partnership, joint venture, association, trust, pension
fund, union, government, governmental body, governmental agency, authority, board, tribunal,
commission or department and the heirs, beneficiaries, executors, personal or other legal
representatives or administrators of an individual, and the receivers and administrators of a
corporation.
Project means the North of Union Project.
Proponent means any entity, including a company, firm, consortium or any legal entity that
submits a Proposal.
Proponent Representative means the person or firm, identified in the Submission Declaration
Form (Appendix B), who is authorized to represent a Proponent in any and all matters related to
its Proposal.
Proponent Team means the Proponent, including Key Personnel.
Proposal means a proposal submitted by a Proponent in response to this RFP.
RFP means this request for proposals and includes any Addenda thereto.
Services means the financial, business and other advisory services to be provided by the
Successful Proponent to the City in accordance with the Successful Proponent's Proposal, this
RFP and the Contract, including without limitation those services referred to in Appendix D.
Submission Declaration Form refers to the submission declaration form set forth in
Appendix A.
Submission Location means the location identified as such in Section 5.1 of this RFP.
Submission Deadline means the time and date for submission of Proposals as set forth in
Section 5.1 of this RFP.
Successful Proponent means the Proponent which is selected by the City to provide the
Services.
PPage 1R
APPENDIX A: SUBMISSION DECLARATION FORM
1. This Submission Declaration must be executed by the Proponent.
2. By executing this Submission Declaration, you agree to the provisions of
the RFP and this Submission Declaration.
3. Capitalized terms are defined in Section 7.0 of the RFP.
[RFP Proponent's Letterhead]
To: The City of Saint John
c/o The Common Cleric
City of Saint John
8th Floor, City Hall
15 Market Square
Saint John, NB
E21- 4L 1
Attention: Elizabeth Gormley, Common Clerk
The Proponent hereby agrees and acknowledges that:
1. Proposal
a. This Submission Declaration Form has been duly authorized and validly executed
and is binding on the Proponent;
b. The Proponent is bound by all statements and representations in its Proposal;
C. Its Proposal strictly conforms with the RFP and that any failure to strictly
conform with the RFP may, in the sole and absolute discretion of the City, be
cause for disqualification;
d. Its Proposal is in all respects a fair Proposal made without collusion or fraud; and
e. The City reserves the right to verify information in the Proposal and conduct any
background investigations including criminal record investigations, verification of
the Proposal, credit enquiries, litigation searches, bankruptcy registrations and
taxpayer information investigations or other investigations on all or any of the
Proponent and the Proponent Team members and by submitting a Proposal, the
Proponent agrees that it consents to the conduct of all or any of those
investigations by the City.
Citv of Saint John
530888- 000001 - 1400877v2
2. Acknowledgements with Respect to the RFP
a. The Proponent has received, read, examined and understood the entire RFP
including all of the terms and conditions, all documents listed in the RFP "Table
of Contents ", and any and all Addenda;
b. The Proponent agrees to be bound by the entire RFP including all of the terms and
conditions, all documents listed in the RFP "Table of Contents ", and any and all
Addenda;
C. By submitting a Proposal, the Proponent waives any further right to amendment
or clarification of any aspect of the RFP;
d. The Proponent Representative identified below is fully authorized to represent the
Proponent in any and all matters related to its Proposal, including but not limited
to providing clarifications and additional information that may be requested in
connection with the RFP;
e. The Proponent has disclosed all relevant relationships; and
f The Proponent has had sufficient time to consider, and has satisfied itself as to the
applicability of, the material in the RFP and any and all conditions that may in
any way affect its Proposal.
PROPONENT
Name of Firm
Address
Name of Authorized signatory
Signature
530888- 000001 - 1400877v2
PROPONENT REPRESENTATIVE
Name
E -mail Address
Telephone
Fax Number
Page B-2
3�+
Proponent Team consists of:
Name Address Role on Proponent Team
530888- 000001 - 1400877v2
Page B-3
6 Z
APPENDIX B: FORM OF CONTRACT
CONSULTING CONTRACT
THIS CONTRACT ( "this Contract'), effective as of the day of
2008 (the "Effective Date ").
BETWEEN:
THE CITY OF SAINT JOHN
(a New Brunswick [statutory corporation], hereinafter referred to as "the City ")
- AND —
[NAME OF CONSULTANT]
(a [jurisdiction[ [type of entity, eg corporation, partnership] with a registered office located
at < >, hereinafter referred to as the "Consultant')
In consideration of their respective agreements set out below, the parties covenant and agree as
follows:
INTERPRETATION AND GENERAL PROVISIONS
Defined Terms
When used in this Contract, the following words or expressions have the following meanings:
"Applicable Law" mean all applicable requirements, laws, statutes, codes, acts, ordinances,
orders, decrees, injunctions, by -laws, rules, regulations, official plans, permits, licences,
authorisations, directions, and agreements with all Authorities that now or at any time hereafter
may be applicable to either this Contract or the Deliverables or any part of them;
"Authority" means any government authority, agency, body or department, whether federal,
provincial or municipal, having or claiming jurisdiction over this Contract; and "Authorities"
means all such authorities, agencies, bodies and departments;
"Business Day" means a day other than a Saturday, Sunday or statutory holiday in the Province
of New Brunswick;
"Business Hours" mean 8:00 a.m. to 5:00 p.m. of any Business Day;
"City Address" and "City Representative," mean: [to be completed]
2.
"City Confidential Information" means all information of the City that is of a confidential
nature, including all confidential information in the custody or control of the City, regardless of
whether it is identified as confidential or not, and whether recorded or not, and however fixed,
stored, expressed or embodied, which comes into the knowledge, possession or control of the
Consultant in connection with this Contract. For the purposes or greater certainty and without
limiting the generality of the foregoing, City Confidential Information shall:
include: (i) all new information derived at any time from any such information whether
created by the City, the Consultant or any third party; (ii) all information (including
Personal Information) that the City is obliged, or has the discretion, not to disclose under
provincial or federal legislation;
not include information that: (i) is or becomes generally available to the public without
fault or breach on the part of the Consultant of any duty of confidentiality owed by the
Consultant to the City or to any third party; (ii) the Consultant can demonstrate to have
been rightfully obtained by the Consultant, without any obligation of confidence, from a
third party who had the right to transfer or disclose it to the Consultant free of any
obligation of confidence; or (iii) the Consultant can demonstrate to have been rightfully
known to or in the possession of the Consultant at the time of disclosure, free of any
obligation of confidence when disclosed;
"Client" means any department or agency of the City.
"Conflict of Interest" includes, but is not limited to, any situation or circumstance where in
relation to the performance of its contractual obligations in this Contract, the Consultant's other
commitments, relationships or financial interests (i) could or could be seen to exercise an
improper influence over the objective, unbiased and impartial exercise of its independent
judgment; or (ii) could or could be seen to compromise, impair or be incompatible with the
effective performance of its contractual obligations;
"Consultant Address" and "Consultant Representative," mean:
<> [Insert Name, Address and contact information of Consultant]
"Consultant's Intellectual Property" means Intellectual Property owned by the Consultant
prior to its performance under this Contract or created by the Consultant during the Term of this
Contract independently of the performance of its obligations under this Contract;
"Contract" means this contract, including Schedule 1 (Terms of Reference, Fees and
Supplementary Provisions), Schedule 2 (Schedule of Forms), Schedule 3 (Firms Consultant Does
Business With), Schedule 4 (Approved Subcontractors), and any other schedule attached at the
time of execution; the Proposal; the RFP; and any amendments executed in accordance with the
terms of this Contract;
"Deliverables" means everything developed for or provided to the City in the course of
performing the Services under this Contract, or agreed to be provided to the City under this
Contract, by the Consultant or its directors, officers, employees, agents, partners, affiliates or
subcontractors, including but not limited to the Services set forth in Schedule 1 and all
Intellectual Property and any and all concepts, techniques, ideas, information, documentation and
other materials, however recorded, developed or provided;
"Derivative Work" means a work based on the Consultant's Intellectual Property including,
without limitation, an adaptation, modification, translation, expansion, condensation or
transformation, that, if prepared without authorization, would constitute copyright infringement
or infringement of any other Intellectual Property right;
"Fees" means the fixed price, in Canadian funds, to be charged for the applicable Services, as set
out in Schedule 1, representing the full amount chargeable by the Consultant for the provision of
the Services, including but not limited to (a) all applicable duties and taxes, excluding
Harmonized Sales Tax; (b) all labour and material costs; (c) all disbursements including travel
and carriage costs (d) all insurance costs; and (e) all other overhead including any fees or other
charges required by law;
"Indemnified Parties" means the City, its officers, directors, employees, agents or independent
contractors;
"Industry Standards" include, but are not limited to (a) the provision of any and all labour,
supplies, equipment and other goods or services that are necessary and can reasonably be
understood or inferred to be included within the scope of this Contract or customarily furnished
by Persons providing services of the type provided hereunder in similar situations in New
Brunswick and; (b) adherence to commonly accepted norms of ethical business practices, which
shall include the Consultant establishing, and ensuring adherence to, precautions to prevent its
employees or agents from providing or offering gifts or hospitality of greater than nominal value
to any person acting on behalf of or employed by the City;
"Intellectual Property" means any intellectual, industrial or other proprietary right of any type
in any form protected or protectable under the laws of Canada, any foreign country, or any
political subdivision of any country, including, without limitation, any intellectual, industrial or
proprietary rights protected or protectable by legislation, by common law or at equity;
"Newly Created Intellectual Property" means any Intellectual Property created by the
Consultant, or created by anyone hired by the Consultant, in the course of performance of its
obligations under this Contract;
"Person" if the context allows, includes any persons, firms, partnerships or corporations or any
combination thereof,
"Proceeding" means any action, claim, demand, lawsuit, or other proceeding;
"Proposal" means all the documentation submitted by the Consultant in response to the Request
for Proposal;
4.
"Services" means the financial, business and other advisory services to be provided by the
Consultant to the City in accordance with the provisions of this Contract, including without
limitation the provisions of the Proposal and RFP.
"Term" means the term of this Contract commencing on the date this Contract comes into effect
and ending upon the earlier o£ (i) the second anniversary of the effective date of this Contract;
and (ii) termination of this Contract in accordance with its terms.
"Third Party Intellectual Property" means any Intellectual Property owned by a party other
than the City or the Consultant.
No Indemnities from The City
Notwithstanding anything else in this Contract, any express or implied reference to the City
providing an indemnity or incurring any other form of indebtedness or contingent liability that
would directly or indirectly increase the indebtedness or contingent liabilities of the City,
whether at the time of execution of this Contract or at any time during the Term of this Contract,
shall be void and of no legal effect.
Entire Contract
This Contract embodies the entire Contract between the parties with regard to the provision of
Services to the City by the Consultant and supersedes any prior understanding or agreement,
collateral, oral or otherwise, existing between the parties at the date of execution of this Contract.
In the event of an inconsistency involving the RFP, the Proposal and the rest of this Contract, or
between any of them, the rest of this Contract prevails over the Proposal and the RFP, and the
Proposal prevails over the RFP.
Severability
If any term or condition of this Contract, or the application thereof to the parties or to any
Persons or circumstances, is to any extent invalid or unenforceable, the remainder of this
Contract, and the application of such term or condition to the parties, Persons or circumstances
other than those to which it is held invalid or unenforceable, shall not be affected thereby.
Priority of Documents
In the event of a conflict or inconsistency between any provisions in this Contract and the
Schedules, the main body of this Contract shall govern over the Schedules to this Contract.
Headings
The headings in this Contract are for convenience of reference only, and shall not affect the
constriction or interpretation of this Contract.
5.
Force Majeure
Neither party shall be liable for damages caused by delay or failure to perform its obligations
under this Contract where such delay or failure is caused by an event beyond its reasonable
control. The parties agree that an event shall not be considered beyond a party's reasonable
control if a reasonable business person applying due diligence in the same or similar
circumstances under the same or similar obligations as those contained in this Contract would
have put in place contingency plans to materially mitigate or negate the effects of such event.
Without limiting the generality of the foregoing, the parties agree that force maj eure events shall
include natural disasters and acts of war, insurrection and terrorism but shall not include
shortages or delays relating to supplies or services. If a party seeks to excuse itself from its
obligations under this Contract due to a force maj eure event, that party shall immediately notify
the other party of the delay or non - performance, the reason for such delay or non - performance
and the anticipated period of delay or non - performance. If the anticipated or actual delay or non-
performance exceeds fifteen (15) Business Days, the other party may immediately terminate this
Contract by giving notice of termination and such termination shall be in addition to the other
rights and remedies of the terminating party under this Contract, at law or in equity.
Notices
Notices shall be in writing and shall be delivered by postage - prepaid envelope, personal delivery
or facsimile and shall be addressed to, respectively, the City Address to the attention of the City
Representative and to the Consultant Address to the attention of the Consultant Representative.
Notices shall be deemed to have been given (a) in the case of postage - prepaid envelope, five (5)
Business Days after such notice is mailed; or (b) in the case of personal delivery or facsimile one
(1) Business Day after such notice is received by the other party. In the event of a postal
disruption, notices must be given by personal delivery or by facsimile. Unless the parties
expressly agree in writing to additional methods of notice, notices may only be provided by the
methods contemplated in this paragraph.
Governing Law
This Contract shall be governed by and construed in accordance with the laws of the Province of
New Brunswick and the federal laws of Canada applicable therein.
6.
STATUS OF CONSULTANT
Capacity of Consultant
The Consultant represents and warrants that it has the full right, power and authority to enter into
this Contract and there is no Contract with any other Person which would in any way interfere
with the rights of the City under this Contract.
Authority of Representatives
The parties represent that their respective representatives have the authority to legally bind them
to the extent permitted by Applicable Law.
No Partnership, Agency etc.
The Consultant shall have no power or authority to bind the City or to assume or create any
obligation or responsibility, express or implied, on behalf of the City. The Consultant shall not
hold itself out as an agent, partner or employee of the City. Nothing in this Contract shall have
the effect of creating an employment, partnership or agency relationship between the City and
the Consultant (or any of the Consultant's directors, officers, employees, agents, partners,
affiliates or subcontractors).
Acts and Omissions
The Consultant acknowledges and agrees that it is liable for the acts and omissions of its
directors, officers, employees, agents, partners, affiliates and subcontractors. This paragraph is in
addition to and not in derogation of any and all of the Consultant's liabilities under this Contract
and under the general application of Applicable Law. The Consultant shall advise those
individuals and entities for whom it is responsible of its obligations under this Contract and,
without limiting the generality of the foregoing, shall take all appropriate action to ensure
compliance with this Contract, including, without limitation, the provisions of Article 5
respecting Confidentiality. In addition to any other liabilities of the Consultant pursuant to this
Contract or otherwise at law or in equity, the Consultant shall be liable for all damages, costs,
expenses, losses, claims or actions arising from any breach of this Contract resulting from the
actions of the above mentioned individuals and entities.
No Subcontracting or Assignment
The Consultant shall not subcontract or assign the whole or any part of this Contract or any
monies due under it without the prior written consent of the City (which may be arbitrarily
withheld) except to approved subcontractors identified in Schedule 4. Such consent shall be in
the sole discretion of the City and subject to the terms and conditions that may be imposed, , by
the City. Without limiting the generality of the conditions which the City may require in its sole
and absolute discretion prior to consenting to the Consultant's use of a subcontractor, every
contract entered into by the Consultant with a subcontractor shall adopt all of the terms and
conditions of this Contract as far as applicable to those parts of the Deliverables provided by the
7.
subcontractor. Nothing contained in this Contract shall create a contractual relationship between
any subcontractor or its directors, officers, employees, agents, partners or affiliates and the City.
Change of Control
In the event that there is a change of control in the Consultant, the Consultant shall immediately
disclose such change in control to the City and shall comply with any terms and conditions
subsequently prescribed by the City resulting from the disclosure.
Conflicts of Interest
Other Services
The parties both acknowledge and agree that nothing in this Contract shall impair the ability of
the Consultant to provide other services normally offered by the Consultant (e.g., accounting,
audit, taxation) to a potential bidder, purchaser, developer, operator or investor either during or
subsequent to the term of this assignment, provided that those services do not relate to the
provision of financial analysis or advisory services in connection with the Project (as defined in
the RFP).
Enurement
This Contract shall enure to the benefit of and be binding upon the parties and their successors
and permitted assigns.
PERFORMANCE BY CONSULTANT
Commencement of Performance
The Consultant shall commence performance of the Services described in RFP response.
Performance Warranty
The Consultant hereby represents and warrants that the Services shall be provided fully and
diligently in a professional and competent manner by persons qualified and skilled in their
occupations and furthermore that all Services will be provided in accordance with (a) this
Contract; (b) Industry Standards; and (c) Applicable Law. If any of the Services, in the opinion
of the City, are inadequately provided or require corrections, the Consultant shall forthwith make
the necessary rectifications or corrections at its own expense as specified by the City in a
rectification notice.
Use of City Property
The Consultant acknowledges that unless it obtains specific written preauthorization from the
City, any access to or use of City property, technology or information that is not necessary for
the performance of its obligations with the City under this Contract is strictly prohibited. The
Consultant further acknowledges that the City may monitor the Consultant to ensure compliance
with this paragraph. This paragraph is in addition to and shall not limit any other obligation or
restriction placed upon the Consultant hereunder.
No Waiver
Any failure by the City to insist in one or more instances upon strict performance by the
Consultant of any of the terms or conditions of this Contract shall not be construed as a waiver
by the City of its right to require strict performance of any such terms or conditions, and the
obligations of the Consultant with respect to such performance shall continue in full force and
effect.
Amendments
Any changes to this Contract shall be by written amendment signed by the parties. No changes
shall be effective or carried out in the absence of such a written amendment.
Change Requests
The City may, in writing, request changes to this Contract, which may include altering, adding
to, or deleting any of the Services. The Consultant shall comply with all reasonable change
requests by the City and the Consultant shall perform such requested changes in accordance with
the terms and conditions of this Contract. If the Consultant is unable to comply with the change
request, it shall promptly notify the City and provide reasons why it cannot comply. In any event,
any such change request shall not be effective until a written amendment reflecting the change
has been executed by the parties.
Notice of Change
The Consultant shall promptly notify the City in writing if the Consultant considers that any
notice, direction, requirement, request, correspondence, or other fact, event, or circumstance
comprises, requires, or results in a change to the Services, and shall seek instructions as to
whether to proceed to implement such change in the Services.
Pricing for Changes
Where the City change request includes an increase in the scope of the previously contemplated
Services or Deliverables, the City shall set out, in its change request, the proposed prices for the
contemplated changes. The price for and in respect of such changes shall be negotiated between
the City and the Consultant within a reasonable period of time; and such change request shall not
become effective until a written amendment reflecting the change has been executed by the City.
Non - Exclusive Contract
9.
The Consultant acknowledges that it is providing the Services to the City on a non - exclusive
basis, the City makes no representation regarding the volume of goods and services required (if
any) under this Contract. The City reserves the right at any time to contract with other parties for
the same or similar goods and services as those provided by the Consultant and reserves the right
to obtain the same or similar goods and services internally.
Replacement and Substitution
The Consultant agrees that, to the extent that specific individuals are named in Schedule 1 as
being responsible for the provision of the Services, only those individuals shall provide the
Services under this Contract. The Consultant shall not replace or substitute any of the individuals
named in Schedule 1 without the prior written approval and authorization of the City, which may
not be arbitrarily or unreasonably withheld. Should the Consultant require the substitution or
replacement of any of the individuals identified in Schedule 1, it is understood and agreed that
(1) the City must approve and authorize the replacement or substitution and (2) any proposed
replacement or substitution must possess similar or greater qualifications than the individual
already identified.
Rights and Remedies
The express rights and remedies of the City and the obligations of the Consultant set out in this
Contract are in addition to and shall not limit any other rights and remedies available to the City
or any other obligations of the Consultant at law or in equity.
Reporting Requirements
The Consultant and the resources identified in bid response to this Contract acknowledge and
agree that they will directly report to [identify position /office held by Contractor and
Department] of the City [Define City Contact] or to the [Contact's] authorized designate or
delegates. The Consultant agrees and acknowledges that it will regularly and at least one time per
month present a report to the [Contact] on the status and progress on the Services it is providing
to the City in such form as may be required by the City. The Consultant and /or the resources
identified in Schedule 1 to this Contract acknowledge that the reporting requirements under this
section may include providing the City with implementation plan(s) for Services and input for
executive summaries, and /or milestone or completion report(s).
Time of the Essence
The Consultant acknowledges that time is of the essence for the completion of the Services under
this Contract in accordance with the timelines and work schedules set out in the RFP and /or the
Proposal. The Consultant further acknowledges that any delay in the completion of the Services
(other than a delay resulting from the occurrence of a force maj eure event) that deviates from the
timelines and work schedules set out in the RFP and /or Proposal shall constitute a material
breach of this Contract.
10.
PAYMENT FOR PERFORMANCE
Fees
Subject to the Consultant's compliance with the provisions of this Contract, the City shall pay
the Consultant for the Services under this Contract the Fees as provided
Payment Process
Unless the parties expressly set out an alternative billing and payment process in Schedule 1, the
following process shall govern:
the Consultant shall provide the City with a monthly billing statement no later than ten
(10) Business Days after the end of every month and that billing statement shall include
(i) the reference number assigned to this Contract by the City; (ii) a brief description of
the Deliverables provided for the relevant month; and (iii) taxes, if payable by the City,
identified as separate items;
the City shall approve or reject the billing statement within fifteen (15) Business Days of
its receipt, and in the event that the City rejects the billing statement for incompleteness
or other error or inadequacy, it shall so advise the Consultant promptly in writing and the
Consultant shall provide additional information as required by the City to substantiate the
billing statement;
each billing statement is subject to the approval of the City before any payment is
released and payment shall be made within forty -five (45) Business Days of such
approval; and
any subparagraph set out above that is not expressly replaced in Schedule 1 with an alternative
provision shall remain in full force and effect.
Hold Back and Set Off
The City may hold back payment or set off against any payment to the Consultant hereunder if,
in the opinion of the City acting reasonably, the Consultant has failed to comply with any
requirements of this Contract, and the Consultant shall not suspend or terminate the provision of
any Services or the performance of its obligations hereunder in respect of any such holdback or
set -off of payment.
No Other Expenses
There shall be no other charges payable by the City under this Contract to the Consultant other
than the Fees established under this Contract unless such charges and /or rates are first authorized
by the City.
11.
Taxes and Duties
Unless otherwise stated, the Consultant shall pay all applicable taxes, including sales and excise
taxes incurred by or on the Consultant's behalf with respect to this Contract.
No Late Payment Charges
The City will endeavour to pay invoices when due to the Consultant, but shall not be required to
pay interest on any late payments.
Document Retention and Audit
For seven (7) years following the expiration of the Term the Consultant shall maintain all
necessary records to substantiate (a) all charges and payments under this Contract and (b) that
the Services were provided in accordance with this Contract and with Applicable Law. During
the Term, and for seven (7) years following the expiration of the Term, the Consultant shall
permit and assist the City in conducting audits of the operations of the Consultant to verify (a)
and (b) above. The City shall provide the Consultant with at least ten (10) Business Days prior
notice of its requirement for such audit. The Consultant's obligations under this paragraph shall
survive any termination or expiry of this Contract.
CONFIDENTIALITY
Publicity
Any publicity or publications related to this Contract shall be at the sole discretion of the City.
The City may, in its sole discretion, acknowledge the Services provided by the Consultant in any
such publicity or publication. The Consultant shall not make public in any way the existence of
this Contract without the prior written consent of the City. Without limiting the generality of this
paragraph, the Consultant shall not, among other things, at any time directly or indirectly
communicate with the media in relation to this Contract unless it has first obtained the express
prior written authorization to do so by the City.
Confidential Information
During and following the Term, the Consultant shall (a) keep all City Confidential Information
confidential and secure; (b) limit the disclosure of City Confidential Information to only those
employees, directors, partners, officers, agents, representatives, advisors or subcontractors who
have a need to know it in order for the Consultant to perform the Services hereunder; (c) not
directly or indirectly disclose, destroy, exploit or use any City Confidential Information (except
for the purpose of providing the Services, or except if required by order of a court or tribunal
having jurisdiction), without first obtaining: (i) the written consent of the City and (ii) in respect
of any City Confidential Information relating to any third party, the written consent of such third
party; (d) provide City Confidential Information to the City on demand; and (e) return all City
Confidential Information to the City on or before the termination or expiry of the Term, with no
copy or portion kept by the Consultant. The Consultant shall ensure that those of its directors,
12.
officers, employees, agents, partners, representatives, advisors or subcontractors who have been
provided with City Confidential Information will keep all City Confidential Information
confidential and secure in accordance with the requirement of this Contract and the RFP and that
all such City Confidential Information be returned to the City before the termination or expiry of
the Term.
No Copying
The Consultant shall not copy any City Confidential Information, in whole or in part, unless
copying is essential for the provision of the Services. On each copy made by the Consultant, the
Consultant must reproduce all notices which appear on the original and treat each copy of City
Confidential Information as if it were the original.
Injunctive Relief
The Consultant acknowledges that breach of any provisions of this Article 5 may cause
irreparable harm to the City or to any third party to whom the City owes a duty of confidence,
and that the injury to the City or to any third party may be difficult to calculate and inadequately
compensable in damages. The Consultant agrees that the City is entitled to obtain injunctive
relief (without proving any damage or harm sustained by it or by any third party) or any other
remedy against any actual or potential breach of the provisions of this Article 5.
Notice and Protective Order
If the Consultant or any of its directors, officers, employees, agents, representatives, advisors or
subcontractors becomes legally compelled to disclose any City Confidential Information, the
Consultant will provide the City with prompt notice to that effect in order to allow the City to
seek one or more protective orders or other appropriate remedies to prevent or limit such
disclosure, and it shall co- operate with the City and its legal counsel to the fullest extent. If such
protective orders or other remedies are not obtained, the Consultant will disclose only that
portion of City Confidential Information which the Consultant is legally compelled to disclose,
only to such person or persons to whom the Consultant is legally compelled to disclose, and the
Consultant shall provide notice to each such recipient (in co- operation with legal counsel for the
City) that such City Confidential Information is confidential and subject to non - disclosure on
terms and conditions equal to those contained in this Contract and, if possible, shall obtain each
recipient's written Contract to receive and use such City Confidential Information subject to
those terms and conditions.
Survival
The provisions of this Article 5 shall survive any termination or expiry of this Contract.
13.
INTELLECTUAL PROPERTY
City Intellectual Property
The Consultant agrees that all Intellectual Property and every other right, title and interest in and
to all concepts, techniques, ideas, information and materials, however recorded, (including
images and data) provided by the City to the Consultant shall remain the sole property of the
City at all times.
City Insignia
The Consultant shall not use any insignia or logo of the City except where required to provide
the Services and the Deliverables, and only if it has received the prior written permission of the
City to do so.
Ownership of Intellectual Property
The City shall be the sole owner of any Newly Created Intellectual Property. The Consultant
irrevocably assigns to and in favour of the City and the City accepts every right, title and interest
in and to all Newly Created Intellectual Property in the Deliverables, immediately following the
creation thereof, for all time and the Consultant irrevocably waives in favour of the City all
rights of integrity and other moral rights to all Newly Created Intellectual Property in the
Deliverables, immediately following the creation thereof, for all time. To the extent that any of
the Deliverables include, in whole or in part, the Consultant's Intellectual Property, the
Consultant grants to the City a licence to use that Consultant Intellectual Property in the manner
contemplated in this Article, the total consideration for which shall be payment of the Fees to the
Consultant by the City. The Consultant shall provide the Deliverables to the City: (a) at the point
of completion of its obligations under this Contract; or (b) upon termination of this Contract; or
(c) at any time upon the request of the City.
Presumption
The presumption governing this Contract shall be that the City shall be the sole owner of any
Intellectual Property in any form contained in any of the Deliverables. If the Consultant's
Intellectual Property forms any part of the Deliverables, the Consultant shall notify the City as
such prior to the delivery of the particular Deliverable containing any such Consultant
Intellectual Property. In the absence of any such notice the presumption shall remain that the
City is the sole owner of any Intellectual Property contained in the Deliverables.
Grant of Licence
For those parts of the Deliverables that are Consultant Intellectual Property, the Consultant
grants to the City, including each Client, a perpetual, world -wide, non - exclusive, irrevocable,
transferable, royalty -free, fully paid -up right and licence: (a) to use, execute, display, distribute
(internally and to other Clients), perform and reproduce, in any form, copies of those
14.
Deliverables and to practice and have practised any process or method (or both) associated with
such Deliverables; and (b) to use, execute, make, have made, have used, display, distribute
(internally and to other Clients), perform, reproduce and prepare, in any form, Derivative Work
based on those Deliverables and to practise and have practised any process or method (or both)
associated with such Derivative Work; and (c) authorize other Persons including agents,
contractors or sub- contractors to do any of the former on behalf of the City or a Client.
No Restrictive Material
The Consultant shall not incorporate into any Deliverables anything that would restrict the right
of the City or of any Client to modify, further develop or otherwise use the Deliverables in any
way that the City or the Client deems necessary, or that would prevent the City or any Client
from entering into any contract with any contractor other than the Consultant for the
modification, further development of or other use of the Deliverables.
No Infringement
The Consultant represents and warrants that the provision of the Deliverables shall not infringe
or induce the infringement of any Third Party Intellectual Property rights. The Consultant further
represents and warrants that it has obtained assurances with respect to any Third Party
Intellectual Property that any rights of integrity or any other moral rights associated therewith
have been waived.
Moral Rights
At the request of the City, at any time or from time to time, the Consultant shall execute and
agrees to cause any of its directors, officers, employees, agents, partners, affiliates or
subcontractors to execute an irrevocable written waiver of any moral rights or other rights of
integrity in the applicable Deliverable(s) in favour of the City, such waiver to be in the form set
out in Schedule 2, and which waiver may be invoked without restriction by any person
authorized by the City to use the Deliverables. The Consultant shall deliver such written
waiver(s) to the City within ten (10) Business Days of the receipt of the request from the City.
Copyright Notice
The Consultant shall place a copyright notice on all recorded Deliverables it provides to the City
under this Contract in the following form:
"0 City of Saint John, [insert year of publication]."
Copyright Registration
At the request of the City, at any time or from time to time, the Consultant shall execute and
agrees to cause anyone in the position to assert rights of integrity or any other moral right
(including, without limitation, its employees, agents and subcontractors) to execute a written
assignment of copyright and waiver of moral rights in the applicable Deliverable to the City in
15.
the forms set out in Schedule 2. The Consultant shall assist the City in preparing any Canadian
copyright registration that the City considers appropriate. The Consultant will obtain or execute
any other document reasonably required by The City to protect the Intellectual Property of the
City.
Reservation
The City reserves the right to prescribe the specific manner in which the Consultant shall
perform its obligations relating to this Article 6.
Survival
The obligations contained in this Article 6 shall survive the termination or expiry of this
Contract.
INDEMNITY AND INSURANCE
Consultant Indemnity
The Consultant hereby agrees to indemnify and hold harmless the Indemnified Parties from and
against any and all liability, loss, costs, damages and expenses (including legal, expert and
consultant fees), causes of action, actions, claims, demands, lawsuits or other proceedings,
(collectively, "Claims "), by whomever made, sustained, brought or prosecuted, including for
third party bodily injury (including death), personal injury and property damage, in any way
based upon, occasioned by or attributable to anything done or omitted to be done by the
Consultant, its subcontractors or their respective directors, officers, agents, employees or
independent contractors in the course of performance of the Consultant's obligations under, or
otherwise in connection with, this Contract. The Consultant further agrees to indemnify and hold
harness the Indemnified Parties for any incidental, indirect, special or consequential damages,
or any loss of use, revenue or profit, by any person, entity or organization, including, without
limitation, the City, claimed or resulting from such Claims. The obligations contained in this
paragraph shall survive the termination or expiry of this Contract.
Consultant's Insurance
The Consultant agrees to place and maintain for the duration of this Contract, at its own cost and
expense, all necessary and appropriate insurance, including Errors and Omissions, that a prudent
person in the business of the Consultant would maintain.
Proof of Insurance
Upon request of the City, the Consultant shall provide the City with proof of the insurance
required by this Contract in the form of valid certificates of insurance that reference this Contract
and confirm the required coverage, on or before the commencement of this Contract, and
renewal replacements on or before the expiry of any such insurance. Upon the request of the
City, a copy of each insurance policy shall be made available to it. The Consultant shall ensure
16.
that each of its subcontractors complies with the insurance requirements set out in this Contract
by obtaining similar types of insurance and providing the Consultant with proof of the
acquisition and maintenance of such insurance.
Participation in Proceedings
The Consultant shall, at its expense, to the extent requested by the City, participate in or conduct
the defence of any Proceeding against any Indemnified Parties referred to in this Article and any
negotiations for their settlement. The City may elect to participate in or conduct the defence of
any such Proceeding by notifying the Consultant in writing of such election without prejudice to
any other rights or remedies of the City under this Contract, at law or in equity. Each Party
participating in the defence shall do so by actively participating with the other's legal counsel.
No settlement shall be entered into by the Consultant unless it has obtained the prior written
approval of the City. If the Consultant is requested by the City to participate in or conduct the
defence of any such Proceeding, the City agrees to co- operate with and assist the Consultant to
the fullest extent possible in the Proceedings and any related settlement negotiations. If the City
conducts the defence of any such Proceedings, the Consultant agrees to co- operate with and
assist the City to the fullest extent possible in the Proceedings and any related settlement
negotiations.
TERMINATION, EXPIRY AND EXTENSION
Termination
The City may immediately terminate this Contract upon giving notice to the Consultant where:
The Consultant makes an assignment for the benefit of its creditors, is declared bankrupt
or commits an act of bankruptcy, becomes insolvent, makes a proposal or otherwise takes
advantage of provisions for relief under the 'Bankruptcy and Insolvency Act (Canada) or
similar legislation in any jurisdiction, or any other type of insolvency proceedings being
commenced by or against the Consultant under the Bankruptcy and Insolvency Act
(Canada) or similar legislation
the Consultant breaches any material provision of this Contract or any provision in
Article 5 (Confidentiality) of this Contract;
the Consultant breaches the Conflict of Interest paragraph in Article 2 (Status of
Consultant) of this Contract;
in the City's reasonable opinion, the Consultant, prior to or after executing this Contract,
makes a material misrepresentation or omission or provides materially inaccurate
information to the City;
the Consultant undergoes a change of control which, in the reasonable opinion of the
City, adversely affects the Consultant's ability to satisfy some or all of its obligations
under this Contract;
17.
the Consultant subcontracts for the provision of part or all of the Services or assigns this
Contract without first obtaining the written approval of the City; or
in the City's reasonable opinion, the Consultant's acts or omissions constitute a
substantial breach of Consultant's obligations under this Contract;
and the above rights of termination are in addition to all other rights of termination available at
law, or events of termination by operation of law.
Rectification
Subject to section 8. 1, where the Consultant fails to comply with any of its obligations under this
Contract, the City may issue a rectification notice to the Consultant setting out the manner and
time -frame for rectification. Within seven (7) Business Days of receipt of that notice the
Consultant shall either (a) comply with that rectification notice; or (b) provide a rectification plan
satisfactory to the City. If the Consultant fails to either comply with that rectification notice or
provide a satisfactory rectification plan, the City may immediately terminate this Contract.
Where the Consultant has been given a prior rectification notice, any subsequent of non-
compliance by the Consultant in respect of such obligations shall allow the City to immediately
terminate this Contract.
Termination on Notice
The City reserves the right to terminate this Contract, without cause, upon thirty (30) days prior
written notice to the Consultant.
Obligations on Termination
The Consultant shall, following the giving of a notice of termination by the City hereunder or
upon expiry of the terms, in addition to its other obligations under this Contract and at law:
provide the City with a report detailing (i) the current state of the provision of Services by
the Consultant at the date of termination; and (ii) any other information requested by the
City pertaining to the provision of the Services and performance of this Contract;
execute such documentation as may be required by the City to give effect to the
termination of this Contract; and
comply with any other instructions provided by the City, including but not limited to
instructions for facilitating the transfer of its obligations to another Person.
Payment upon Termination
The City shall only be responsible for the payment of the Services provided under this Contract
up to and including the effective date of any termination. Termination shall not relieve the
Consultant of its warranties and other responsibilities relating to the Deliverables performed or
money paid. In addition to its other rights of hold back or set off, the City may hold back
payment or set off against any payments owed if the Consultant fails to comply with its
obligations on termination. For greater certainty, under no circumstances shall the Consultant be
entitled to payment from the City for or in respect of any foregone or projected profits, revenue,
or income or other indirect or consequential losses or damages resulting or arising directly or
indirectly from any termination of this Contract.
Rights and Remedies
The express rights of termination in this Contract are in addition to and shall in no way limit any
rights or remedies of the City under this Contract or Applicable Law or otherwise, at law or in
equity.
Expiry of Contract
This Contract shall expire at the end of the Term.
IN WITNESS WHEREOF the parties hereto have executed this Contract effective as of the
date first above written.
CITY OF SAINT JOHN
Signature:
Name:
Title:
I have authority to bind the Corporation.
[LEGAL NAME OF CONSULTANT]
Signature:
Name:
I have authority to bind the Corporation
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RESOLVED, that as recommended by the City Manager, the following resolution
be adopted:
1 NOW THEREFORE BE IT RESOLVED, that the resolution of June 23,
1997, item (2), authorizing William Edwards and David G. M. Crawford
to lay informations in the Provincial Court of the Province of New
Brunswick for breach of the Saint John Minimum Property Standards
By-law, is hereby rescinded;
2. AND BE IT FURTHER RESOLVED, that the resolution of June 23,
1997, item (3), authorizing David G. M. Crawford to make applications
to the Court of Queen's Bench of New Brunswick or any judge thereof
pursuant to section 106.1 of the Municipalities Act, R.S.N.B. 1973„ c.
M-22, and amendments thereto, is hereby rescinded;
3. AND BE IT FURTHER RESOLVED, that the resolution of June 23,
1997, item (4), authorizing William Edwards and David G. M. Crawford
to lay informations in the Provincial Court of the Province of New
Brunswick for breach of the Mobile Home Parks By-law, is hereby
rescinded;
4. AND BE IT FURTHER RESOLVED, that the resolution of November 1,
1999, appointing Amy Poffenroth as a By-law Enforcement Officer for
the purpose of enforcing the Garbage By-law, Saint John Animal
Control By-law, Saint John Minimum Property Standards By-law, and
authorizing her to lay informations for breach of such By-laws, is
hereby rescinded;
5. AND BE IT FURTHER RESOLVED, that the resolution of January 21,
2008, appointing William Edwards, David Crawford, Amy Poffenroth
and Pamela Bentley to notify owners and occupiers with respect to
premises that are unsightly, and buildings and structures that are a
hazard to the safety of the public by reason of dilapidation or
unsoundness of structural strength, and buildings and structures that
do not meet the standards that are set out in the City's Minimum
Property Standards By-law or in the Residential Properties
Maintenance and Occupancy Code Approval Regulation —
Municipalities Act, is hereby rescinded;
6. AND BE IT FURTHER RESOLVED, that the resolution of August 18,
2008, appointing William Edwards, David Crawford, Amy Poffenroth
and Pamela Bentley as By-law Enforcement Officers pursuant to
section 14 of the Police Act, S.N.B. 1977, c. P-9.2, and amendments
thereto, and designated as persons to serve tickets in respect to
-2-
offences referred to in paragraph, 100,2(a) of the Municipalities Act,
supra, is hereby rescinded;
7. AND BE IT FURTHER RESOLVED, that the resolution, of August 18,
2008, appointing Rick Armstrong, Darryl B6rub6, Vince Chan, Lorraine
Denton, Tamara Duke, Marc Goguen, Mark Mazerolle, Patrick
McCarthy, Mark Slader, David Somerville and Jason Waye as
Inspection Officers pursuant to section 4 of the Saint John Minimum
Property Standards By-law, is hereby rescinded;
8. AND BE IT FURTHER RESOLVED, that the resolution of September
2, 2008, appointing Rick Armstrong, Darryl B6rub6, Vince Chan,
Lorraine Denton, Tamara Duke, Marc Goguen, Mark Mazerolle, Patrick
McCarthy, Mark Slader, David Somerville and Jason Waye as
Inspection Officers pursuant to section 4 of the Saint John Minimum
Property Standards By-law, is hereby rescinded;
9. AND BE IT FURTHER RESOLVED, that the resolution of September
2, 2008, appointing William Edwards, David Crawford, Amy Poffenroth
and Pamela Bentley as By-law Enforcement Officers pursuant to
section 14 of the Police Act, supra, and designated as persons to
serve tickets in respect to offences referred to in paragraph 100.2(a) of
the Municipalities Act, supra, is hereby rescinded.
10, WHEREAS, the Common Council of The City of Saint John has
enacted certain by-laws pursuant to the authority of the Municipalities
Act, supra, including the City of Saint John Flood Risk Areas By-law,
Mobile Home Parks By-law, Saint John Animal Control By-law, Saint
John Building By-law, Saint John Preservation Areas By-law and The
Zoning By-law, and it may from time to time be necessary to
commence proceedings in the Provincial Court of the Province of New
Brunswick, when a person has contravened or failed to comply with
such By-laws;
AND WHEREAS, paragraph 14(1) of the Police Act, supra, provides
that a council may appoint persons as By-law Enforcement Officers for
a municipality;
AND WHEREAS, section 101 of the Municipalities Act, supra, provides
that proceedings for breach of a by-law shall be commenced in the
name of the clerk of the municipality or such other person as is
designated for that purpose by the council:
NOW THEREFORE BE IT RESOLVED, that each of William
Edwards, David G. M. Crawford, Amy Poffenroth and Pamela
Bentley, is hereby appointed as a By-law Enforcement Officer with
- 3 -
respect to the enforcement of the City of Saint John Flood Risk
Areas By-law, Mobile Home Parks By-law, Saint John Animal
Control By-law, Saint John Building By-law, Saint John
Preservation Areas By-law and The Zoning By-law, and these
appointments shall continue until they cease to be employees of
the Buildings and Inspection Services Department of the City of
Saint John or until it is rescinded by Common Council, whichever
comes first;
AND BE IT FURTHER RESOLVED, that each of William Edwards,
David G. M. Crawford, Amy Poffenroth, and Pamela Bentley, is
hereby designated and authorized to lay informations in the
Provincial Court of the Province of New Brunswick with respect to
violations to the City of Saint John Flood Risk Areas By-law, Mobile
Home Parks By-law, Saint John Animal Control By-law, Saint John
Building By-law, Saint John Preservation Areas By-law and The
Zoning By-law, and these designations and authorizations shall
continue until they cease to be employees of the Buildings and
Inspection Services Department of the City of Saint John or until it
is rescinded by Common Council, whichever comes first.
WHEREAS, the Common Council of The City of Saint John has
enacted certain by-laws pursuant to the authority of the Municipalities
Act, supra, including the Saint John Minimum Property Standards By-
law, and it may from time to time be necessary to commence
proceedings in the Provincial Court of the Province of New Brunswick,
when a person has contravened or failed to comply with the said By-
law,
AND WHEREAS, paragraph 14(1) of the Police Act, supra, provides
that a council may appoint persons as By-law Enforcement Officers for
a municipality;
AND WHEREAS, paragraph 23(1) of the Saint John Minimum Property
Standards By-law, provides that where a condition of a premise,
dwelling, dwelling unit or structure does not comply with the said By-
law, an officer appointed by council may notify the owner or occupier of
a premise, dwelling unit or structure by notice in the form prescribed by
regulation;
AND WHEREAS, section 101 of the Municipalities Act, supra, provides
that proceedings for breach of a by-law shall be commenced in the
name of the clerk of the municipality or such other person as is
designated for that purpose by the council:
-4-
NOW THEREFORE BE IT RESOLVED, that each of William
Edwards, David G. M. Crawford, Amy Poffenroth and Pamela
Bentley, is hereby appointed as a By-law Enforcement Officer with
respect to the enforcement of the Saint John Minimum Property
Standards By-law, effective immediately upon the Saint John
Minimum Property Standards By-law which received first and
second reading by Common Council on August 18, 2008 and third
reading by title on September 2, 2008, being enacted and upon
approval by the Minister of Local Government, and these
appointments shall continue until they cease to be employees of
the Buildings and Inspection Services Department of the City of
Saint John or until it is rescinded by Common Council, whichever
comes first;
AND BE IT FURTHER RESOLVED, that each of William Edwards,
David G. M. Crawford, Amy Poffenroth and Pamela Bentley, is
hereby appointed and authorized to notify owners and occupiers
with respect to premises, dwellings, dwelling units or structures that
do not meet the standards that are set out in the Saint John
Minimum Property Standards By-law, effective immediately upon
the Saint John Minimum Property Standards By-law which received
first and second reading by Common Council an August 18, 2008
and third reading by title on September 2, 2008, being enacted and
upon approval by the Minister of Local Government, and these
appointments and authorizations shall continue until they cease to
be employees of the Buildings and Inspection Services Department
of the City of Saint John or until it is rescinded by Common Council,
whichever comes first;
AND BE IT FURTHER RESOLVED, that each of William Edwards,
David G. M. Crawford, Amy Poffenroth, and Pamela Bentley, is
hereby designated and authorized to lay informations in the
Provincial Court of the Province of New Brunswick for breach of the
Saint John Minimum Property Standards By-law, effective
immediately upon the Saint John Minimum Property Standards By-
law which received first and second reading by Common Council
on August 18, 2008 and third reading by title on September 2,
2008, being enacted and upon approval by the Minister of Local
Government, and these appointments and authorizations shall
continue until they cease to be employees of the Buildings and
Inspection Services Department of the City of Saint John or until it
is rescinded by Common Council, whichever comes first.
12. WHEREAS, the Common Council of The City of Saint John has
enacted certain by-laws pursuant to the authority of the Municipalities
Act, supra, including the Saint John Unsightly Premises and
Ili
Dangerous Buildings By-law, and it may from time to time be
necessary to commence proceedings in the Provincial Court of the
Province of New Brunswick, when a person has contravened or failed
to comply with the said By-law;
AND WHEREAS, paragraph 14(1) of the Police Act, supra, provides
that a council may appoint persons as By-law Enforcement Officers for
a municipality;
AND WHEREAS, paragraph 190.01(3) of the Municipalities Act, supra,
provides that an officer appointed by council may notify the owner or
occupier of a premises, building or structure by notice in the form
prescribed by regulation when a condition exists pursuant to
paragraphs 199.91(1) or 190.01(2) of the said Act;
AND WHEREAS, section 101 of the Municipalities Act, supra, provides
that proceedings for breach of a by-law shall be commenced in the
name of the clerk of the municipality or such other person as is
designated for that purpose by the council:
NOW THEREFORE BE IT RESOLVED, that each of William
Edwards, David G. M. Crawford, Amy Poffenroth and Pamela
Bentley, is hereby appointed as a By-law Enforcement Officer with
respect to the enforcement of the Saint John Unsightly Premises
and Dangerous Buildings By-law, and these appointments shall
continue until they cease to be employees of the Buildings and
Inspection Services Department of the City of Saint John or until it
is rescinded by Common Council, whichever comes first;
AND BE IT FURTHER RESOLVED, that each of William Edwards,
David G. M. Crawford, Amy Poffenroth and Pamela Bentley, is
hereby appointed and authorized to notify owners and occupiers
with respect to premises, buildings or structures that are unsightly
and buildings or structures that are a hazard to the safety of the
public by reason of dilapidation or unsoundness of structural
strength as set out in the Saint John Unsightly Premises and
Dangerous Buildings By-law, and these appointments and
authorizations shall continue until they cease to be employees of
the Buildings and Inspection Services Department of the City of
Saint John or until it is rescinded by Common Council, whichever
comes first;
AND BE IT FURTHER RESOLVED, that each of William Edwards,
David G. M. Crawford, Amy Poffenroth, and Pamela Bentley, is
hereby designated and authorized to lay informations in the
Provincial Court of the Province of New Brunswick for breach of the
-6-
Saint John Unsightly Premises and Dangerous Buildings By-law,
and these designations and authorizations shall continue until they
cease to be employees of the Buildings and Inspection Services
Department of the City of Saint John or until it is rescinded by
Common Council, whichever comes first.
13. WHEREAS, paragraph 100.2(a) of the Municipalities Act, supra,
provides that offences under paragraph 94.2(3) or 102.1(1.2) of the
said Act or offences in respect of a by-law under paragraph 94(1) or
94(3) or section 190 of the said Act, are prescribed offences for the
purposes of section 9 of the Provincial Offences Procedure Act, S.N.B.
1987, c. P-22.1, and amendments thereto;
AND WHEREAS, paragraph 100.2(b) of the Municipalities Act, supra,
provides that a by-law enforcement officer appointed under section 14
of the Police Act, supra, and designated by resolution of the council is
an authorized person who may serve tickets in respect to offences
referred to in paragraph 100.2(a) of the Municipalities Act, supra:
NOW THEREFORE BE IT FURTHER RESOLVED, that each of
William Edwards, David G. M. Crawford, Amy Poffenroth, and
Pamela Bentley, is hereby designated and authorized as a person
to serve tickets in respect to offences referred to in paragraph
100.2(a) of the Municipalities Act, supra, and these designations
and authorizations shall continue until they cease to be employees
of the Buildings and Inspection Services Department of the City of
Saint John or until it is rescinded by Common Council, whichever
comes first.
14. WHEREAS, paragraph 4(1) of the Saint John Minimum Property
Standards By-law provides that Common Council may for the purposes
of the administration and enforcement of the said By-law, appoint
Inspection Officers who may exercise such powers and perform such
duties as may be set out in the said By-law and/or the Residential
Properties Maintenance and Occupancy Code Approval Regulation —
Municipalities Act and/or the Municipalities Act, supra:
NOW THEREFORE BE IT RESOLVED, that each of Rick
Armstrong, Darryl 136rub6, Carl Brandon, Vince Chan, Lorraine
Denton, Tamara Duke, Marc Goguen, Patrick McCarthy, Mark
Slader, David Somerville and Jason Waye, is hereby appointed as
an Inspection Officer with respect to the enforcement of the Saint
John Minimum Property Standards By-law which received first and
second reading by Common Council on August 18, 2008 and third
reading by title on September 2, 2008, being enacted and upon
approval by the Minister of Local Government, and these
-7-
appointments shall continue until they cease to be employees of
the Buildings and Inspection Services Department of the City of
Saint John or until it is rescinded by Common Council, whichever
comes first.
15. WHEREAS, paragraph 190.022(4) of the Municipalities Act, supra, and
paragraph 27(4) of the Saint John Minimum Property Standards By-
law, provides that within thirty days after the terms of the notice have
been complied with or a debt due to a municipality or due to the
Minister of Finance, as the case may be, is discharged, the
municipality shall provide a certificate in the form prescribed by
regulation which requires that the corporate seal of the municipality to
be affixed:
NOW THEREFORE BE IT RESOLVED, that Elizabeth A. Gormley,
Common Clerk, is hereby authorized to affix the corporate seal of
The City of Saint John to each Certificate of Discharge that is
issued by William Edwards, David G. M. Crawford, Amy Poffenroth
or Pamela Bentley under the Saint John Minimum Property
Standards By-law and/or the Saint John Unsightly Premises and
Dangerous Buildings By-law, and such authorization shall continue
until Elizabeth A. Gormley ceases to be the Common Clerk of the
City of Saint John or until it is rescinded by Common Council,
whichever comes first.
REPORT TO COMMON COUNCIL
November 17, 2008
His Worship Mayor Ivan Court and
Members of Common Council
Your Worship and Councillors:
SUBJECT: Appeal of PAC Decision
Grant of Variance Respecting 117 Carleton Street
7
16*1761
City of Saint John
The Planning Advisory Committee has requested that the City of Saint John pay the expenses of
a lawyer to represent the Committee's interest at the Planning Appeal Board hearing of a
decision rendered respecting 117 Carleton Street. The PAC does require outside legal counsel
for this appeal but the City Solicitor and the undersigned do believe it is prudent to impose a
maximum limit on the allowable expenditure. Staff are recommending that expenses up to
$6,000.00 be approved at this time and that further approval be sought for any over-expenditure.
That Common Council pay up to $6,000.00 in legal expenses to represent the Planning Advisory
Committee at the Appeal Board hearing for 117 Carleton Street and that any additional
expenditures will require the further authorization of Council.
Respectfully submitted,
A
Ken Forrest, MCIP, RPP
Commissioner
Planning and Development
Terrence Totten, F.C.A.
City Manager