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2019-04-23_Agenda Packet--Dossier de l'ordre du jourCity of Saint John Common Council Meeting AGENDA Tuesday, April 23, 2019 6:00 pm 8th Floor Common Council Chamber (Ludlow Room), City Hall Si vous avez besoin des services en francais pour une reunion de Conseil communal, veuillez contacter le bureau du greffier communal au 658-2862. Pages 1. Call to Order 2. Approval of Minutes 2.1 Minutes of April 8, 2019 5-20 3. Approval of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 Proposed Public Hearing Date - 49 Noel Drive and 1008 Latimore Lake Road 21-22 (Recommendation in Report) 5.2 Tender 2019-681001T - Phosphate for Corrosion Control (Recommendation in 23-25 Report) 5.3 Licence Agreement for BeaverTails Mobile -Unit (Recommendation in Report) 26-34 5.4 Licence Agreement for Fog Cutter Inc. Mobile Food -Unit (Recommendation in 35-41 Report) 5.5 Building Condition Assessments (BCA) and Energy Audits (EA) on Municipal 42-46 and Water Facilities (Recommendation in Report) 5.6 Coast Guard Site Demolition - Phase II (Recommendation in Report) 47-49 5.7 CanadaHelps Agreement - P. R.O. Kids - City of Saint John (Recommendation 50-110 K in Report) 5.8 Contract 2019-02: Mecklenburg Street (Sydney Street to Wentworth Street) - 111 -113 Water, Sanitary and Storm Sewer Renewal and Street Reconstruction (Recommendation in Report) 5.9 Province of New Brunswick - Nuisance Deer Management Assistance Program 114-114 (Recommendation: Receive for Information) 6. Members Comments 7. Proclamation 7.1 Lyme Awareness Month - May 2019 115-115 7.2 Day of Mourning - April 28, 2019 116-116 8. Delegations / Presentations 8.1 Fundy Regional Service Commission - The Coastal Link Trail 117-145 9. Public Hearings - 6:30 p.m. 10. Consideration of By-laws 10.1 Weight Restriction By -Law Amendment and Agreement (3rd Reading) 146-153 10.2 40 Mountain View Drive - Supplementary Report 154-208 10.2.1 Municipal Plan Amendment - 40 Mountain View Drive (3rd Reading) 209-210 10.2.2 Zoning ByLaw Amendment - 40 Mountain View Drive (3rd Reading) 211-213 with Section 59 Conditions 10.3 Zoning ByLaw Amendment - 86 and 88 Regent Street (3rd Reading) with 214-216 Section 59 Conditions 10.4 Zoning ByLaw Amendment - 175 Hilyard Street (3rd Reading) with Section 59 217-220 Conditions 11. Submissions by Council Members 12. Business Matters - Municipal Officers 12.1 Continuous Improvement Initiatives Update 12.2 Demolition of Vacant, Dilapidated and Dangerous Building at 22 Belgrave 221 -255 Street (PID 55222624) K 13. 14. 15. 16. 17 18. 12.3 Evaluation of Urban Development Incentives and Urban Beautification Grant 256-334 Policies - Staff Presentation Committee Reports 13.1 2019 Growth Work Plan - Staff Presentation 335-359 13.2 Saint John Local Immigration Partnership 360-364 13.3 Growth Reserve Fund Request - Dangerous and Vacant Building Program - 365-374 Staff Presentation 13.4 Heritage Grant Program Budget and Policy Amendments - Staff Presentation 375-392 Consideration of Issues Separated from Consent Agenda General Correspondence 15.1 Ticket Purchase Request - Hospice 2019 Sun Flower Luncheon 393-393 15.2 Ticket Purchase Request- P.R.O. Kids Annual "Fun" Raising Dinner 394-395 15.3 Ticket Purchase Request - Taste of the Maritimes 396-398 Supplemental Agenda 16.1 Saint John EMO Spring Freshet Update (Verbal) 16.2 The Canadian Red Cross Society - Confidentiality Agreement 399-402 Committee of the Whole 17.1 Intergovernmental Affairs and Strategic Communications Position 403-403 Adjournment K3 City of Saint John Common Council Meeting Tuesday, April 23, 2019 Committee of the Whole 1. Call to Order Si vous avez besoin des services en fran�ais pour une r6union de Conseil communal, veuillez contacter le bureau du greffier communal au 658-2862. Each of the following items, either in whole or in part, is able to be discussed in private pursuant to the provisions of subsection 68(1) of the Local Governance Act and Council / Committee will make a decision(s) in that respect in Open Session: 4:30 p.m., 8th Floor Boardroom, City Hall 1.1 Approval of Minutes 68(1) 1.2 Financial Matter 68(1)(c) 1.3 Employment Matter 68(1)0) 1.4 Financial Matter 68(1)(c) 1.5 Financial Matter 68(1)(c) Ville de Saint John Seance du conseil communal Mardi 23 avril 2019 18h Salle du conseil communal (salle Ludlow), an 8e kage de 1'h6tel de ville Comit6 pl6nier 1. Ouverture de la s6ance Si vous souhaitez obtenir des services en fran�ais pour une seance du conseil communal, veuillez communiquer avec le bureau du greffier communal au 658-2862. Chacun des points suivants, en totalit6 ou en partie, peut faire l'objet d'une discussion en prive en vertu des dispositions prevues au paragraphe 68(1) de la Loi sur la gouvernance locale. Le conseil/comite prendra une ou des decisions a cet egard au cours de la seance publique : 16 h, Salle de conf6rence, 8e 6tage, h6tel de ville 1.1 Approbation duproces-verbal 68(1) 1.2 Questions financieres 68(1)(c) 1.3 Questions relatives a 1'emploi 68(1)j) 1.4 Questions financieres 68(1)(c) 1.5 Questions financieres 68(1)(c) S6ance ordinaire 1. Ouverture de la s6ance 2. Approbation du proces-verbal 2.1 Proces-verbal du 8 avri12019 3. Adoption de l'ordre du jour 4. Divulgations de conflits d'int6rets 5. Questions soumises a 1'approbation du conseil 5.1 Date d' audience publique proposee — 49, promenade Noel et 1008, chemin Latimore Lake (recommandation dans le rapport) 5.2 Soumission 2019-681001 T — Phosphate pour le contrdle de la corrosion (recommandation dans le rapport) 2 5.3 Accord de licence pour l'unite mobile BeaverTails (recommandation dans le rapport) 5.4 Accord de licence pour 1'unit6 mobile d'alimentation Fog Cutter inc. (recommandation dans le rapport) 5.5 Evaluations de 1'6tat d'un immeuble (EEI) et verifications de rendement energetique (VRE) des installations municipales et de traitement des eaux (recommandation dans le rapport) 5.6 Demolition du site de la Garde cdtiere — Phase II (recommandation dans le rapport) 5.7 Entente CanaDon — P.R.O. Kids — Ville de Saint John (recommandation dans le rapport) 5.8 Contrat 2019-02 : rue Mecklembourg (de la rue Sydney a la rue Wentworth) — Renouvellement du r6seau d'aqueduc, d'egouts sanitaires et pluviaux et reconstruction de la rue (recommandation du rapport) 5.9 Province du Nouveau -Brunswick — Programme d' aide a la gestion des cerfs nuisibles (recommandation : Recevoir pour information) 6. Commentaires pr6sent6s par les membres 7. Proclamation 7.1 Mois de sensibilisation a la maladie de Lyme — Mai 2019 7.2 Jour de deuil — 28 avril 2019 8. D616gations et pr6sentations 8.1 Commission des services r6gionaux de Fundy — The Coastal Link Trail 9. Audiences publiques —18 h 30 10. Etude des arret6s municipaux 10.1 Modification et accord au sujet du reglement sur la limitation de poids (3e lecture) 10.2 40, chemin Mountain View — Rapport supplementaire 10.2.1 Modification au plan municipal — 40, chemin Mountain View (3e lecture) 10.2.2 Modification au reglement de zonage — 40, chemin Mountain View (3e lecture) avec conditions de Particle 59 10.3 Modification au reglement de zonage — 86 et 88, rue Regent (3e lecture) avec conditions de Particle 59 3 10.4 Modification au reglement de zonage — 175, rue Hilyard (3e lecture) avec conditions de Particle 59 11. Interventions des membres du conseil 12. Affaires municipales 6voqu6es par les fonctionnaires municipaux 12.1 Mise a jour des initiatives d'amelioration continue 12.2 Demolition d'un batiment vacant, delabre et dangereux au 22, rue Belgrave (PID 55222624) 12.3 Evaluation des politiques d'incitation au d6veloppement urbain et de subvention a 1' embellissement urbain 13. Rapports d6pos6s par les comit6s 13.1 Plan de travail pour la croissance de 2019 13.2 Partenariat local en mati&re d'immigration de Saint-Jean 13.3 Demande de fonds de r6serve de croissance — Programme pour les batiments dangereux et vacants 13.4 Modifications au budget et a la politique du Programme de subventions du patrimoine 14. Etude des sujets 6cart6s des questions soumises a 1'approbation du Bureau 15. Correspondance g6n6rale 15.1 Demande d'achat de billets — D&jeuner 2019 de 1'Hospice Sunflower 15.2 Demande d'achat de billets — Souper de collecte de fonds annuel P.R.O. Kids 15.3 Demande d'achat de billets — Taste of the Maritimes 16. Ordre du jour suppl6mentaire 16.1 EMO Saint John mise a jour de la crue printani&e 16.2 Accord de la Croix -Rouge 17. Comit6 pl6nier 17.1 Affaires intergouvernementales et communications strat6giques 18. Lev6e de la s6ance C! COMMON COUNCIL/ CONSEIL COMMUNAL April 8, 2019 / le 8 avril 2019 1► [01111 100=00e111w_1:M► III isI1►[e COMMON COUNCIL OF THE CITY OF SAINT JOHN APRIL 8, 2019 AT 6:00 PM IN THE COUNCIL CHAMBER Present: Presiding Officer Deputy Mayor Shirley McAlary Councillor -at -Large Gary Sullivan Councillor Ward 1 Blake Armstrong Councillor Ward 1 Greg Norton Councillor Ward 2 Sean Casey Councillor Ward 2 John MacKenzie Councillor Ward 3 Donna Reardon Absent: Mayor Don Darling Councillor Ward 4 David Merrithew Councillor Ward 4 Ray Strowbridge Also Present: City Manager J. Collin Deputy City Manager N. Jacobsen City Solicitor J. Nugent Police Chief B. Connell Fire Chief K. Clifford Commissioner Growth and Community Development J. Hamilton Comptroller C. Graham Commissioner of Transportation and Environment M. Hugenholtz Commissioner of Saint John Water B. McGovern Common Clerk J. Taylor Deputy Common Clerk P. Anglin 61 COMMON COUNCIL/ CONSEIL COMMUNAL April 8, 2019 / le 8 avril 2019 1. Call to Order The Deputy Mayor recognized three members of the City Fire Department who will receive the Certificate of Courage Award in May for distinguished service for saving a life at a fire on Waterloo Street: • Captain Karl Conrad • Lieutenant Scott Goguen • Lieutenant Trevor Price 2. Approval of Minutes 2.1 Minutes of March 25, 2019 Moved by Councillor Sullivan, seconded by Councillor Norton: RESOLVED that the minutes of the meeting of Common Council, held on March 25, 2019, be approved. MOTION CARRIED. 3. Approval of Agenda Moved by Councillor Sullivan, seconded by Councillor Norton: RESOLVED that the agenda of this meeting be approved with the addition of the following items: • 16.1 Continuous Improvement Initiatives Update • 16.2 Ticket Purchase Request - May Day Dinner • 17.1 Sale of City Owned Property off Mecklenburg Street MOTION CARRIED. 4. Disclosures of Conflict of Interest City Solicitor J. Nugent declared a conflict with item 5.10 Asphalt testing services. The City Solicitor withdrew from the meeting. S. Consent Agenda 5.1 That the Town of Hampton Letter re Regional Arena Collaboration be received for information. 5.2 That as recommended by the City Manager in the submitted report M&C 2019- 73: Summer Arena Bulk Rental Agreement Amendment, Common Council authorize the 2 C.1 COMMON COUNCIL/ CONSEIL COMMUNAL April 8, 2019 / le 8 avril 2019 Mayor and Common Clerk to execute the license agreement between the City of Saint John and 707990 N.B. Inc. as attached to M&C 2019-73. 5.3 That as recommended by the City Manager in the submitted report M&C 2019- 82: Special Events License Application for P.R.O. Kids Dickie Crossman Hockey Tournament, Common Council grant George Georgoudis, on behalf of Vito's Restaurant, permission to apply for a Special Events permit with the Province of New Brunswick to serve alcohol out of the warming area of the Hilton Belyea Arena on the dates of April 18 -20th, 2019 in support of the Annual Dickie Crossman Hockey Tournament. 5.4 That as recommended by the City Manager in the submitted report M&C 2019- 61: Software Renewal - ClearRisk, Common Council direct the Mayor and Common Clerk to execute the submitted ClearRisk renewal. 5.5 That as recommended by the City Manager in the submitted report M&C 2019- 71: License Agreement with Saint John Arts Centre for Mural Project, 1. The City enters into a License agreement with Saint John Arts Centre for $1.00 to grant its agents, employees, partners and contractors access to and use a portion of the building facade at civic #20 Peel Plaza, being a portion of PID Numbers 37499 and 37481, for the mural creation, subject to the following terms and conditions: a. the License shall commence on June 1, 2019 and conclude at 11:59 pm (local time) on July 31, 2019; b. that Saint John Arts Centre shall, at no expense to the Licensor, obtain and maintain in full force and effect during the entire term of this Licence, a Commercial General Liability Insurance policy with policy limits of not less than five million dollars ($5,000,000.00) inclusive per occurrence for bodily injury and property damage; which policy shall name the City as an additional insured and shall contain a cross -liability clause; and c. all damages, cost, claims, demands, actions, suits or other proceedings by whomsoever claimed, made, brought or prosecuted in any manner and whether in respect of property owned by others or in the Licensee does hereby indemnify and save harmless the Licensor from respect of damage sustained by others based upon or arising out of or in connection with the use of the Licensed Area. 2. That the Mayor and Common Clerk be authorized to execute the License Agreement. 3 rA COMMON COUNCIL/ CONSEIL COMMUNAL April 8, 2019 / le 8 avril 2019 5.6 That as recommended by the City Manager in the submitted report M&C 2019- 76: Tender for Asphaltic Concrete Mixes, the seasonal tender for the supply of asphaltic concrete mixes be awarded as follow: • Pre Construction Season (start of plant til May 5, 2019) - NRB Construction Company Ltd. • Construction Season (May 6 to November 8, 2019) - NRB Construction Company Ltd. • Post Construction Season (November 9, 2019 to plant close) - Galbraith Construction Ltd. 5.7 That as recommended by the City Manager in the submitted report M&C 2019- 78: Contract No. 2019-16 Asphalt Resurfacing 2019, the contract be awarded to the low Tenderer, Galbraith Construction Ltd., at the tendered price of $5,886,959.54 (including HST) as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. 5.8 That the submitted report M&C 2019-79: 2019 Roadway Construction Projects, be received for information. 5.9 That as recommended by the City Manager in the submitted report M&C 2019- 80: City Market Tower — Phase 2 Interior Renovations and Fit -Up, the tender submitted by Eclipse Construction Services Ltd., for the City Market Tower Phase 2 Interior Renovations and Fit -Up, in the amount of $3,162,806.30 plus HST be accepted. Further to the base tender amount, it is recommended that a contingency allowance be carried for this project in the amount of $158,140.32 plus HST, for a total project cost of $3,320,946.62 plus HST. Additionally, it is recommended that the Mayor and Common Clerk be authorized to execute the necessary contract documents. 5.10 That as recommended by the City Manager in the submitted report M&C 2019- 77: Materials Testing and Construction Inspections Services for 2019 and 2020, the proposal from Gemtec Consulting Engineers and Scientists Limited, for Material Testing and Construction Inspection Services for 2019 and 2020 in the amount of $683,660.05 including HST be accepted and that the Mayor and Common Clerk be authorized to execute the appropriate documentation in that regard. 5.11 That the submitted report M&C 2019-69: Public Information Session: Mecklenburg Street (Sydney Street to Wentworth Street), be received for information. 5.12 That the submitted report M&C 2019-70: Public Information Session: Wentworth Street (Union Street to Elliot Row) - Water Sanitary and Storm Sewer Renewal and Street Reconstruction, be received for information. 5.13 That as recommended by the City Manager in the submitted report M&C 2019- 67: Engineering Services: Prospect Street West — Sanitary Lift Station & Sewer Improvements, the proposal from Crandall Engineering Ltd., for engineering design and CI E:3 COMMON COUNCIL/ CONSEIL COMMUNAL April 8, 2019 / le 8 avril 2019 construction management services for the Prospect Street West — Sanitary Lift Station & Sewer Improvements project in the amount of $82,000.75 including HST be accepted and that the Mayor and Common Clerk be authorized to execute the appropriate documentation in that regard. 5.14 That the New Brunswick Dental Society Letter re Municipal Water Fluoridation be received for information. Moved by Councillor Sullivan, seconded by Councillor Norton: RESOLVED that the recommendation set out in each consent agenda item respectively be adopted. IL 10000011GY1ilk] ilk] III o1e1►/_1011LTA 100ollWA The City Solicitor re-entered the meeting. 6. Members Comments Council members commented on various community events. 7. Proclamations 7.1 National Public Safetv Telecommunications Week — ADril 14 to 20. 2019 The Mayor declared April 14th to 20th, 2019 as "National Public Safety Telecommunications Week". 8. Delegations/Presentations 9. Public Hearings 6:30 PM 9.1 Proposed Zoning ByLaw Amendment with Planning Advisory Committee report recommending Amendment — 86-88 Regent Street The Common Clerk advised that the necessary advertising was completed with regard to amending Schedule "A", the Zoning Map of The City of Saint John, by re -zoning a parcel of land having an area of approximately 727 square metres, located at 86 and 88 Regent Street, also identified as PID Numbers 00343178 and 55233597 from Neighbourhood Community Facility (CFN) to Two -Unit Residential (R2), with no written objections received. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report considered at its March 26, 2019 meeting at G1 COMMON COUNCIL/ CONSEIL COMMUNAL April 8, 2019 / le 8 avril 2019 which the Committee recommended the rezoning of a parcel of land located at 86 and 88 Regent Street as described above. The Mayor called for members of the public to speak against the re -zoning with no one presenting. The Mayor called for members of the public to speak in favour of the re -zoning with no one presenting. Moved by Councillor Sullivan, seconded by Councillor MacKenzie: RESOLVED that the by-law entitled, "A Law to Amend the Zoning By -Law of the City of Saint John" amending Schedule "A", the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 727 square metres, located at 86 and 88 Regent Street, also identified as PID Numbers 00343178 and 55233597 from Neighbourhood Community Facility (CFN) to Two -Unit Residential (R2), be read a first time. MOTION CARRIED. Read a first time by title, the by-law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John." Moved by Councillor Sullivan, seconded by Councillor MacKenzie: RESOLVED that the by-law entitled, "A Law to Amend the Zoning By -Law of the City of Saint John" amending Schedule "A", the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 727 square metres, located at 86 and 88 Regent Street, also identified as PID Numbers 00343178 and 55233597 from Neighbourhood Community Facility (CFN) to Two -Unit Residential (R2), be read a second time. MOTION CARRIED. Read a second time by title, the by-law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John." 9.2 Proposed Municipal Plan and Zoning ByLaw Amendments with Planning Advisory Committee report recommending Amendments —40 Mountain View Drive Commissioner Hamilton advised of the public hearing on the amendments, section 59 conditions, and staff presentation. Referring to the submitted report entitled 40 Mountain View Drive (Calabria Estates) Planner Andrew Reid presented an overview with site aerial photographs and design rd iN COMMON COUNCIL/ CONSEIL COMMUNAL April 8, 2019 / le 8 avril 2019 drawings of the proposal for the 126 unit residential development to be serviced by private streets. Responding to a question on the last traffic review, staff responded that nothing significant has been built in the area to impact the area traffic since 2008. Responding to a question on waste management / garbage pick up and roads remaining private and the responsibility of the developer, the City Manager stated that City staff is is taking a holistic review of how we are managing waste within the City and will be reporting to Council with recommendations. The existing inconsistencies will be addressed. The City Solicitor commented on adding s. 59 conditions to state garbage pick up and roads will remain the responsibility of the developer, stating that any comfort those conditions may give is an illusory one. In law it is never the responsibility of the City to accept the responsibility for the streets or other facilities that are privately held. The Common Clerk advised that the necessary advertising was completed with regard to the proposed Municipal Plan and Zoning Bylaw amendments of a parcel of land located at 40 Mountain View Drive having an area of approximately 3.25 hectares, also identified as PID Numbers 00313429 and 00426452 from Low Density Residential to Low to Medium Density Residential; and by re -zoning the same parcel of land from High -Rise Residential (RH) and Two -Unit Residential (R2) to Integrated Development (ID), to undertake a medium density residential development with a mix of housing types, with written objections received. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report considered at its March 26, 2019 meeting at which the Committee recommended approval as set out in the staff recommendation, to re -zone a parcel of land located at 40 Mountain View Drive as described above with Section 59 conditions. The Mayor called for members of the public to speak against the re -zoning with Darlene Hersey, resident of Myles Subdivision, presenting in support but seeking clarification that Myles Drive will not be reopened for Controlled Emergency access vehicles. The Mayor called for members of the public to speak in favour of the amendments with the following presenting: • John Rocca President Developer presenting. Responding to a question on the private street, the developer said the street is priority 4. This will not be attractive to the renters. This is why the developer will maintain the street. • Steve Carson Develop SJ presenting in support of the development. Moved by Councillor Sullivan, seconded by Councillor MacKenzie: VA 11 COMMON COUNCIL/ CONSEIL COMMUNAL April 8, 2019 / le 8 avril 2019 RESOLVED that the by-law entitled, "A Law to Amend the Municipal Plan By -Law" amending Schedule B — Future Land Use, by redesignating a parcel of land with an area of approximately 3.25 hectares, located at 40 Mountain View Drive, also identified as PID Numbers 00313429 and 00426452, from Low Density Residential to Low to Medium Density Residential classification, be read a first time. MOTION CARRIED. Read a first time by title, the by-law entitled, "A Law to Amend the Municipal Plan By - Law." Moved by Councillor Sullivan, seconded by Councillor MacKenzie: RESOLVED that the by-law entitled, "A Law to Amend the Municipal Plan By -Law" amending Schedule B — Future Land Use, by redesignating a parcel of land with an area of approximately 3.25 hectares, located at 40 Mountain View Drive, also identified as PID Numbers 00313429 and 00426452, from Low Density Residential to Low to Medium Density Residential classification, be read a second time. MOTION CARRIED. Read a second time by title, the by-law entitled, "A Law to Amend the Municipal Plan By -Law." Moved by Councillor Sullivan, seconded by Councillor MacKenzie: RESOLVED that the by-law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John", amending Schedule "A", the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 3.25 hectares, located at 40 Mountain View Drive, also identified as being PID Numbers 00313429 and 00426452, from High -Rise Residential (RH) and Two -Unit Residential (R2) to Integrated Development (ID), be read a first time. IL WIII [Q0114Y1ilk] all1991 Read a first time by title, the by-law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John." Moved by Councillor Sullivan, seconded by Councillor MacKenzie: RESOLVED that the by-law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John", amending Schedule "A", the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 3.25 hectares, located at 40 Mountain View Drive, also identified as being PID Numbers 00313429 and 00426452, from High -Rise Residential (RH) and Two -Unit Residential (R2) to Integrated Development (ID), be read a second time. g 12 COMMON COUNCIL/ CONSEIL COMMUNAL April 8, 2019 / le 8 avril 2019 MOTION CARRIED. Read a second time by title, the by-law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John." 9.3 Proposed Zoning ByLaw Amendment with Planning Advisory Committee report recommending Amendment —175 Hilyard Street The Common Clerk advised that the necessary advertising was completed with regard to amending subsection 11.4(1); amending subsection 11.7(1); and introducing specific development standards for self -storage facilities, with written submissions received, to permit a self -storage facility at 175 Hilyard Street and as a permitted use in the Business Park Commercial (CBP) and General Commercial (CG) zones and to introduce specific development standards for these facilities. Commissioner Hamilton advised that the amended staff recommendation addresses the concerns raised in the PAC report. Referring to the submitted report entitled M&C2019- 81 Proposed Amendments to the Zoning Bylaw to Address Self -Storage Facilities, Mark Reade Senior Planner recommended the proposed amendment stating the proposal conforms to Municipal Plan criteria for land use designation. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report considered at its March 26, 2019 meeting. Staff is recommending the adoption of an amended staff recommendation which establishes self -storage facilities as a permitted use subject to standards in certain commercial zones and recommends approval of Section 59 amendments to enable the proposal for a self -storage facility at 175 Hilyard Place. The Mayor called for members of the public to speak against the re -zoning with no one presenting. The Mayor called for members of the public to speak in favour of the re -zoning with the following presenting: • Rod Adams resident in favour of the staff recommendation • Steve Carson DevelopSJ Moved by Councillor Sullivan, seconded by Councillor MacKenzie: RESOLVED that as recommended by the City Manager in the submitted report M&C 2019-81: Proposed Amendments to the Zoning Bylaw to Address Self -Storage Facilities, Common Council adopt the following amended Staff recommendation which establishes self -storage facilities as a permitted use subject to standards in certain commercial zones and recommends approval of Section 59 amendments to enable the proposal for a self -storage facility at 175 Hilyard Place: 01 13 COMMON COUNCIL/ CONSEIL COMMUNAL April 8, 2019 / le 8 avril 2019 1. That Common Council amends subsection 11.4(1) of The City of Saint John Zoning By-law by adding the following to the list of permitted uses in the Business Park Commercial (CBP) Zone: "-Self-Storage Facility, subject to paragraph 11.4(3)(f);" 2. That Common Council amends subsection 11.4(3) of The City of Saint John Zoning By-law by adding the following: "(f) A lot containing a Self -Storage Facility permitted in subsection 11.4(1) shall not be located within 60 metres of an Urban Centre Residential (RC) zone." 3. That Common Council amends subsection 11.7(1) of The City of Saint John Zoning By-law by adding the following to the list of permitted uses in the General Commercial (CG) Zone: "-Self-Storage Facility;" 4. That Common Council amends The City of Saint John Zoning By-law by deleting paragraph 6.1(k) and replacing it with the following: (k) Except as otherwise provided by this By-law, when outdoor storage or a self - storage facility is developed within 15 metres of an abutting lot in a Residential zone, the outdoor storage or self -storage facility shall be screened in accordance with the following: (i) Excluding an opening no greater than 1.5 metres in width that is not oriented toward a street, coniferous trees or hedges, or any combination thereof, shall be planted and maintained in order to create a perimeter of vegetation having a minimum depth of 1.5 metres completely around the storage area or self -storage facility; (ii) The vegetation perimeter required by subparagraph (i) shall have a minimum height at the time of planting of two metres when located in a Residential zone or 2.5 metres when located in any other zone and be in accordance with paragraph 6.2(d); and (iii) Notwithstanding the above, the outdoor storage area may instead be enclosed in accordance with section 5.5, or by any combination of permitted landscaping, structures or berms. 5. That Common Council rescinds the Section 59 conditions imposed on the July 3, 1973 rezoning of the property located at 175 Hilyard Street, also identified as a portion of PID No. 55228118, and amended on October 28, 1991. 6. That Common Council hereby imposes pursuant to the provisions of Section 59 of the Community Planning Act (SNB 2017, c.19) the following condition upon the development and use of the parcel of land having an area of approximately 1.84 hectares, located at 175 Hilyard Street, also identified as PID No. 55228118: 10 14 COMMON COUNCIL/ CONSEIL COMMUNAL April 8, 2019 / le 8 avril 2019 a) All areas of the site not occupied by buildings, driveways, walkways, parking, storage or loading areas must be landscaped by the developer, in accordance with a detailed landscaping plan, subject to the approval of the Development Officer prior to the issuance of a Building Permit. This landscaping plan is to be prepared by the developer or their consultant and submitted for approval with the Building Permit application. b) That the owner and/or successors shall enter into an agreement with the City to provide a Local Government Services Easement to cover existing City infrastructure located within the parcel. IL 100000114Y1:k]k]11191 Moved by Councillor Sullivan, seconded by Councillor MacKenzie: RESOLVED that the bylaw entitled, "A Law to Amend the Zoning By -Law of The City of Saint John", amending subsection 11.4(1); amending subsection 11.7(1); and introducing specific development standards for self -storage facilities, to permit a self -storage facility at 175 Hilyard Street and as a permitted use in the Business Park Commercial (CBP) and General Commercial (CG) zones, be read a first time. MOTION CARRIED. Read a first time by title, the by-law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John." Moved by Councillor Sullivan, seconded by Councillor MacKenzie: RESOLVED that the bylaw entitled, "A Law to Amend the Zoning By -Law of The City of Saint John", amending subsection 11.4(1); amending subsection 11.7(1); and introducing specific development standards for self -storage facilities, to permit a self -storage facility at 175 Hilyard Street and as a permitted use in the Business Park Commercial (CBP) and General Commercial (CG) zones, be read a second time. MOTION CARRIED. Read a second time by title, the by-law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John." 10. Consideration of By-laws 10.1 Proposed Municipal Plan Amendment — Policies related to Regional Retail Centres 11 15 COMMON COUNCIL/ CONSEIL COMMUNAL April 8, 2019 / le 8 avril 2019 The Common Clerk advised that the public required advertising is complete, no submission letters were received. Moved by Councillor Reardon, seconded by Councillor Sullivan: RESOLVED that the proposed Municipal Plan By -Law Amendment regarding policies related to Regional Retail Centres be referred to the Planning Advisory Committee for a report and recommendation and the necessary advertising be authorized with a Public Hearing to be held on Monday, June 3, 2019 at 6:30 p.m. in the Council Chamber. MOTION CARRIED. 10.2 Proposed Municipal Plan Amendment — 1007-1019 Millidge Avenue The Common Clerk advised that the public required advertising is complete, no submission letters were received. Moved by Councillor Reardon, seconded by Councillor Sullivan: RESOLVED that the proposed Municipal Plan By -Law Amendment regarding 1007-1019 Millidge Avenue be referred to the Planning Advisory Committee for a report and recommendation and the necessary advertising be authorized with a Public Hearing to be held on Monday, June 3, 2019 at 6:30 p.m. in the Council Chamber. MOTION CARRIED. 10.3 Weight Restriction By -Law Amendment (151 and 2nd Reading) Moved by Councillor MacKenzie, seconded by Councillor Sullivan: RESOLVED that the by-law entitled, "By -Law Number MV -17 A Law to Amend a By -Law respecting Weight Restrictions within The City of Saint John enacted under the authority of Section 262(1) of the Motor Vehicle Act" amending Schedule "A" by adding Connection Routes, be read a first time. MOTION CARRIED. Read a first time by title, the by-law entitled, "By -Law Number MV -17 A Law to Amend a By -Law respecting Weight Restrictions within The City of Saint John enacted under the authority of Section 262(1) of the Motor Vehicle Act." Moved by Councillor MacKenzie, seconded by Councillor Sullivan: RESOLVED that the by-law entitled, "By -Law Number MV -17 A Law to Amend a By -Law respecting Weight Restrictions within The City of Saint John enacted under the authority of Section 262(1) of the Motor Vehicle Act" amending Schedule "A" by adding Connection Routes, be read a second time. 12 COMMON COUNCIL/ CONSEIL COMMUNAL April 8, 2019 / le 8 avril 2019 MOTION CARRIED. Read a second time by title, the by-law entitled, "By -Law Number MV -17 A Law to Amend a By -Law respecting Weight Restrictions within The City of Saint John enacted under the authority of Section 262(1) of the Motor Vehicle Act." 11. Submissions by Council Members 11.1 Amendment to Parking ByLaw (Councillors Reardon & MacKenzie) Moved by Councillor MacKenzie, seconded by Councillor Armstrong: RESOLVED that item 11.1 Amendment to Parking Bylaw be referred to the City Manager to consider a holistic examination of the Parking Bylaw at the earliest convenient time, not to conflict with established 2019 work plan priorities. MOTION CARRIED. 12. Business Matters - Municipal Officers 16.1 Continuous Improvement Initiatives -Verbal Update The City Manager updated Council on the smaller scale Continuous Improvement (CI) Initiatives associated with Growth and Development. Once every quarter each department is required to present two initiatives, one for growth and one for customer service. S. Rackley Roach, Director Corporate Performance/CIO introduced three initiatives selected for presentation: Yves Leger, GIS Manager — Referred to his project converting the development incentives documentation for use with mobile apps, including property assessment documentation. Evelyn Hatfield, Continuous Improvement Officer — Referred to the internal project creating videos for employees on Cl behaviours. Marc Carey Lieutenant Fire Department — Referred to the project training 911 assistance response staff for autism awareness. Moved by Councillor Sullivan, seconded by Councillor MacKenzie: RESOLVED that the Continuous Improvement Initiatives - Verbal Update be received for information. IL 100000114Y1:k]k]11191 17 13 COMMON COUNCIL/ CONSEIL COMMUNAL April 8, 2019 / le 8 avril 2019 12.1 2018 Population Growth Estimates —Staff Presentation Moved by Councillor Sullivan, seconded by Councillor Armstrong: RESOLVED that the submitted report entitled 2018 Population Growth Estimates — Staff Presentation, be received for information. MOTION CARRIED. 12.2 Road Repair Update - Staff Presentation Moved by Councillor Sullivan, seconded by Councillor MacKenzie: RESOLVED that the submitted report M&C 2019-72: 2019 Asphalt Pavements Work, be received for information. MOTION CARRIED. 12.3 Fleet Update — Staff Presentation Moved by Councillor Sullivan, seconded by Councillor Norton: RESOLVED that the Fleet Update — Staff Presentation, be received for information. MOTION CARRIED. 12.4 Spring Freshet Emergency Response Policy - Staff Presentation Responding to a question, the City Manager commented that an Emergency Response Policy may also be required for catastrophic seasonal / winter events. Moved by Councillor Sullivan, seconded by Councillor Reardon: RESOLVED that as recommended by the City Manager in the submitted report entitled M&C 2018-87. Spring Freshet Emergency Response, Common Council adopt the Spring Freshet Emergency Response Policy. MOTION CARRIED. 13. Committee Reports 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 15.1 Ticket Purchase Request/ Sponsor Request — Rotary Club of Saint John 14 iF:3 COMMON COUNCIL/ CONSEIL COMMUNAL April 8, 2019 / le 8 avril 2019 Moved by Councillor Reardon, seconded by Councillor Sullivan: RESOLVED that the Ticket Purchase Request/ Sponsor Request — Rotary Club of Saint John be approved and the Office of the Common Clerk be directed to purchase tickets for those Council members wishing to attend the event. MOTION CARRIED. 15.2 Ticket Purchase Reauest — Kennebecasis Vallev Oasis Youth Centre Moved by Councillor Reardon, seconded by Councillor MacKenzie: RESOLVED that the Ticket Purchase Request — Kennebecasis Valley Oasis Youth Centre be approved and the Office of the Common Clerk be directed to purchase tickets for those Council members wishing to attend the event. MOTION CARRIED. 15.3 Sponsor Request — Saint John Canada Celebrations Committee Moved by Councillor Reardon, seconded by Councillor Sullivan: RESOLVED that the Sponsor Request — Saint John Canada Celebrations Committee, be received for information. MOTION CARRIED. 16. Supplemental Agenda 16.2 Ticket Purchase Request - May Day Dinner Tickets Moved by Councillor Reardon, seconded by Councillor Sullivan: RESOLVED that the Ticket Purchase Request — May Day Dinner be approved and the Office of the Common Clerk be directed to purchase tickets for those Council members wishing to attend the event. MOTION CARRIED. 17. Committee of the Whole 17.1 Sale of City Owned Property off Mecklenburg Street Moved by Councillor Sullivan, seconded by Councillor MacKenzie: RESOLVED that as recommended by the Committee of the Whole having met on April 8t" 2019, Common Council enter into the Agreement of Purchase and Sale attached to M&C 2019-74, and further directs the Mayor and Common Clerk to execute any documents necessary to make the transfer. 15 COMMON COUNCIL/ CONSEIL COMMUNAL April 8, 2019 / le 8 avril 2019 MOTION CARRIED. 18. Adjournment Moved by Councillor Sullivan, seconded by Councillor Armstrong: RESOLVED that the meeting of Common Council held on April 8, 2019, be adjourned. IL [000011GL1:k]k]11191 The Mayor declared the meeting adjourned at 9:02 p.m. 16 COUNCIL REPORT M&C No. 2019-091 Report Date April 12, 2019 Meeting Date April 23, 2019 Service Area Growth and Community Development Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Proposed Public Hearing Date — 49 Noel Drive and 1008 Latimore Lake Road OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Kenneth Melanson Jacqueline Hamilton John Collin RECOMMENDATION That Common Council schedule the public hearings for the rezoning and Section 59 Amendment applications of Village View Suites (Steve Brittain) (49 Noel Drive) and Hughes Surveys Ltd. (on behalf of Thomas Construction) (1003 Latimore Lake Road) for Monday June 17, 2019 and Monday, June 3, 2019 at 6:30 p.m. (respectively) in the Ludlow Room, and refer the applications to the Planning Advisory Committee for a report and recommendation. EXECUTIVE SUMMARY The purpose of this report is to advise Common Council of the rezoning and Section 59 amendment applications received and to recommend an appropriate public hearing date. The next available public hearing date is Monday June 3, 2019 for Latimore Lake Road. The next available public hearing date to accommodate Noel Drive is Monday June 17, 2019. PREVIOUS RESOLUTION At its meeting of August 3, 2004, Common Council resolved that: 1. the Commissioner of Planning and Development receive all applications for amendments to the Zoning By-law and Section 39 [now referred as section 59] resolutions/ agreements and proceed to prepare the required advertisements; and 2. when applications are received a report will be prepared recommending the appropriate resolution setting the time and place for public hearings and be referred to the Planning Advisory Committee as required by the Community Planning Act. 21 -2 - REPORT In response to the motion above, this report indicates the applications received and recommends an appropriate public hearing date. Details of the applications are available in the Common Clerk's office and will form part of the documentation at the public hearings. The following applications have been received: Name of Location Existing Proposed Reason Applicant Zone Zone Village View 49 Noel Avenue Mid -Rise Section 59 To increase the Suites (Steve Residential Amendment maximum allowed Brittain) (RM) dwelling units. Hughes Surveys 1003 Latimore Rural (RU) Pit & Quarry To permit a pit and & Consultants Lake Road (PQ) quarry. (on behalf of Thomas Construction Ltd.) STRATEGIC ALIGNMENT While the holding of public hearings is a legislative requirement of the Community Planning Act, it is also a key component of a clear and consistent land development process, which provides transparency and predictability to the development community and City residents. The development approvals process helps fulfill Council's priorities of: • ensuring Saint John has a competitive business environment for investment, • supporting business retention and attraction; and • driving development in accordance with PlanSJ which creates the density required for efficient infrastructure, services and economic growth. SERVICE AND FINANCIAL OUTCOMES The scheduling of the public hearing and referral to the Planning Advisory Committee satisfies the legislative and service requirements as mandated by the Community Planning Service. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Not Applicable ATTACHMENTS IReM12 WA COUNCIL REPORT M&C No. 2019-88 Report Date April 05, 2019 Meeting Date April 23, 2019 Service Area Saint John Water His Worship Mayor Don Darling and Members of Common Council SUBJECT: Tender 2019-681001T -Phosphate for Corrosion Control OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadCity Manager James Margaris Kendall Mason Brent McGovern John Collin RECOMMENDATION That Common Council adopt the following resolution: RESOLVED that the tender for the establishment of a supply agreement for Phosphate for Corrosion Control for the Loch Lomond Drinking Water Treatment Facility be awarded to the lowest compliant bidder, Brenntag Canada Inc., for a one year term. EXECUTIVE SUMMARY With the commencement of City's new Loch Lomond Drinking Water Treatment Facility and the thirty (30) year operation and maintenance agreement with Port City Water Partners, the City is responsible for the procurement of a corrosion inhibitor throughout the duration of the operating period as defined in the agreement. A public tender call for the supply of Phosphates for corrosion control was issued on March 14, 2019, and closed on April 2, 2019. Brenntag Canada Inc. had the lowest compliant bid and Materials Management support the recommendation in the report. W -2 - PREVIOUS RESOLUTION M&C 2018-105 Common Council RESOLVED that the tender for the establishment of a supply agreement for Phosphate for Corrosion Control for the new Loch Lomond Drinking Water Treatment Facility be awarded to the lowest compliant bidder, Canada Colors and Chemical (Eastern) Ltd, for a one year term. STRATEGIC ALIGNMENT This report aligns with Council's Priority for Valued Service Delivery by investing in sustainable City services and municipal infrastructure while supporting the City's commitment to providing safe clean drinking water. REPORT The purpose of this report is to inform Council of the results of the tender issued for the procurement of a corrosion inhibitor to be used at the Loch Lomond Drinking Water Treatment Facility. Under the Safe Clean Drinking Water Project and the thirty (30) year operation and maintenance Contract with Port City Water Partners (PCWP), the City, at its sole discretion, may direct Project Co (PCWP) to make the following chemical feed changes that impact the distribution system water quality and operation: 1. Secondary chlorine residual 2. Finished water pH 3. Corrosion inhibitor type 4. Corrosion inhibitor and dose. As per condition 3 above, the City is responsible for the selection and procurement of a corrosion inhibitor to be used at the water treatment facility. The treatment of the water with a corrosion inhibitor has been part of the design of a new Water Treatment plant since inception. As noted in M&C No. 2018-50 orthophosphates (phosphates) are commonly used in water treatment for copper corrosion or scale stabilization control. The use of them is well established in literature and in practice. 0&1 -3 - SERVICE AND FINANCIAL OUTCOMES Based on the past seven (7) months of operations and the unit price bid, the the City will spend approximately $310,400 annually to purchase bulk orthophosphate. This is a budgeted expenditure and as such funds are provided in the annual Utility Operating Budget to fully cover this expense. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Both the Department of Environment and Local Government (Regulator) and the Department of Health had previously reviewed and approved the City's plan for the treatment of the drinking water with a corrosion inhibitor to control corrosion rates within the City's distribution system. MATERIALS MANAGEMENT: A public tender call was issued on March 14th and closed on April 2nd, 2019. Three companies responded to the tender call by submitting bids. The results are as follows: Alpha Chemical Ltd. Brenntag Canada Inc. Shannon Chemical Corp. $8.97/Kg $7.72/Kg $9.77/Kg Brenntag Canada Incorporated has submitted the lowest compliant bid and Staff of Materials Management have reviewed the tenders and have found them to be complete and formal in every regard. Staff recommends that the lowest compliant tenderer "Brenntag Canada Inc." meets all requirements, and recommend acceptance of their tender. The above process is in accordance with the City's Procurement Policy and Materials Management support the recommendation being put forth. ATTACHMENTS N/A OR COUNCIL REPORT M&C No. 2018-85 Report Date April 10, 2019 Meeting Date April 23, 2019 Service Area Finance and Administrative Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Licence Agreement for BeaverTails Mobile -Unit OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Curtis Langille KevinFudge/lan Fogan John Collin RECOMMENDATION 1. That the City enter into the Licence agreement with BeaverTails Commercial Inc. and Parent and Sons Investments Ltd. as attached to M&C# 2019-85 , and further 2. That the Mayor and Common Clerk be authorized to execute the said Licence Agreement. EXECUTIVE SUMMARY BeaverTails is a food vendor franchise that is seeking approval from the City to operate one of its mobile units for a period of six months on City owned land, adjacent to the Loyalist Plaza. Real Estate Services has negotiated a 10 per cent increase in the rent for this season and has also included the expected electric power costs associated with this unit into the rent fee. The location for this unit has also changed as a result of the sale of a portion of the former Coast Guard property to the Province. The remaining terms and conditions are unchanged, which are set out in the attached Licence document. PREVIOUS RESOLUTION Common Council at its meeting of April 9, 2018 approved the operation for a six month period of the BeaverTails mobile unit on City owned property. 41.1 -2 - STRATEGIC ALIGNMENT Providing for entrepreneur opportunities in the City's Uptown Core aid in creating a livable community that is vibrant and diverse, while providing an integrated approach to economic development. REPORT BeaverTails wishes to locate one of its mobile units on City owned property within the Loyalist Plaza area (see attached map) for a seventh consecutive year. The attached terms and conditions of the Licence Agreement are essentially the same as per the previous year; except for a 10 per cent rent increase, electric power to be included into the rent and a new location as per attached map. If Council is in agreement, the following recommendation will facilitate BeaverTails mobile unit to once again be in operation for the season of 2019 on City owned property. SERVICE AND FINANCIAL OUTCOMES The BeaverTails Mobile Unit situated in the Loyalist Plaza area will add to the vitality and commercial offerings in the City's Uptown area. This licence will generate revenue of $3,633.00 in rent. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The City's Legal Department had prepared the template for this Licence Agreement. Facilities Management has provided input into the preparation of this report. ATTACHMENT Licence Agreement with BeaverTails Commercial Inc. WA THIS LICENCE made in duplicate as of the day of w 20'19. BY AND BETWEEN: THE CITY OF SAINT JOHN having its City Hall at 15 Market Square, Saint John, New Brunswick, a body corporate by Royal Charter, confirmed and amended by Acts of the Legislative Assembly of the Province of New Brunswick, hereinafter called the "Licensor", OF THE FIRST PART - and - BEAVERTAILS COMMERCIAL INC., a body corporate duly Incorporated under the laws of Canada, having its head office in the City of Montreal in the Province of Quebec, and PARENT AND SONS INVESTMENTS LTD., a body corporate duly incorporated under the laws of the Province of New Brunswick, having its head office in the City of Saint John in the County of Saint John and Province of New Brunswick, hereinafter collectively called the "Licensees", OF THE SECOND PART RECITALS: WHEREAS the Licensor is the owner of the lands bearing PID number 18614 shown on Schedule A attached hereto and forming part hereof (hereinafter the "Lands"); AND WHEREAS the Licensees wish to operate a BeaverTails mobile unit in the Lands highlighted in red on Schedule "A" (hereinafter the "Licensed Area"); AND WHEREAS the Licensor has agreed to give the within Licence under the terms and conditions hereinafter set forth; NOW THEREFORE THIS LICENCE WITNESSETH that for and in consideration of the sum of Two Dollars of lawful money of Canada now paid by the Licensees to the Licensor, the receipt and sufficiency whereof is hereby acknowledged, the Licensor does hereby grant, subject to the terms, conditions, covenants and provisions herein contained, permission and Licence to the Licensees to enter into and upon and exit from the Lands for the sole purpose of using the Licensed Area to set up and operate a BeaverTails mobile unit for the term of this Licence, on the following terms and conditions. K-11 Licence Agreement The City of Saint John and Beavertalle Commercial Inc. Page 2 of 6 IT IS AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: 1. This Licence shall begin April 6, 2019 and end October 20, 2019 (the "Term"). 2. The Licensees shall pay to the Licensor for the permission and license herein given the sum of Five Thousand, Two Hundred and Fifty -Eight Dollars and Fifty Cents ($5,258.50) (Canadian dollars) exclusive of HST payable in six (6) equal installments of Eight Hundred and Nine Dollars ($809.00) (Canadian dollars) each payable on the 61' day of each and every month from and including April 2019 to and including September 2018 together with a payment of Four Hundred and Four Dollars and Fifty Cents ($404.50) on October 6th, 2019. 3. The Licensor shall provide electrical power to the Licensees and the cost for such shall be included in the rent as per item two (2) above; 4. The Licence may be terminated at any time by the Licensor giving to the Licensees fifteen (15) days written notice to terminate this Licence or by one (1) or both of the Licensees giving to the Licensor a like notice. 5. Notice to the parties shall be by email, in the case of the Licensor, to gqmm9ngkdgjLsairCkn, ; in the case of the Licensees, BeaverTails Commercial Inc., to nigUl2fteavertails.oDm, and Parent and Sons Investment Ltd., to iarentandsonsOcimail.com. 6. Notwithstanding anything else herein contained, this Licence may be terminated forthwith without notice to the Licensees in the event that either one or both of the Licensees shall, in the opinion of the Licensor, be in default of any of the terms and conditions of this Licence. 7. No transfer or assignment of this Licence or of any of the rights or privileges herein granted shall be made, or caused or permitted to be made by the Licensees. S. The Licensees hereby covenant and agree with the Licensor as follows: a) that they shall only use the Licensed Area for the location and operation of the BeaverTails Mobile Unit for the sale of food products; b) that they shall pay for all connection and operational costs associated with water and drainage for the BeaverTails Mobile Unit and for the disconnection of same upon completion of the Term; c) that the hours of operation will conform to daily retail hours, weather permitting and will not exceed 1:00 a.m. daily; d) that only the BeaverTails Mobile Unit is permitted in the Licensed Area (no passenger/cargo vehicles); PW Licence Agreement The City of Saint John and Beavertails Commercial Inc. 3of6 e) that they shall comply with all applicable Canadian Food Ins Agency and other applicable regulations and legislation; f) that they shall not use the Licensed Area for any other purpose than that which is stated at paragraph a) hereof; g) that they shall keep the area around the BeaverTails Mobile Unit clean and tidy at all times and clean up daily in the immediate area surrounding the BeaverTails Mobile Unit. Clean up shall include the disposal of any/all debris associated with fast food delivery (pop cans, bottles, coffee, cups, napkins, plates, utensils and related articles) within a 40 foot diameter of the BeaverTails Mobile Unit; h) that they shall, at no expense to the Licensor, obtain and maintain in full force and effect during the entire term of this Licence, a Commercial General Liability Insurance policy with policy limits of not less than five million dollars ($5,000,000.00) inclusive per occurrence for bodily injury and property damage; which policy shall name the City as an additional Insured and shall contain a cross -liability clause; and i) that they shall, on or before April B, 2019, submit to the City a Certificate of Insurance or other satisfactory evidence of having obtained and maintained the insurance coverage required at paragraph h) hereof. IT IS FURTHER MUTUALLY AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS: 9. No change or modification of this Licence shall be valid unless it is in writing and signed by the Licensor and the Licensees. 10. This Licence supersedes and takes the place of all prior agreements entered into by the parties with respect to the Licensed Area. 11. This Licence shall not be enforced or bind any of the parties thereto, until executed by all the parties named in it. 12. Notwithstanding any clauses herein, the Licensees do hereby indemnify and save harmless the Licensor from all damages, cost, claims, demands, actions, suits or other proceedings by whomsoever claimed, made, brought or prosecuted in any manner and whether in respect of property owned by others or in respect of damage sustained by others based upon or arising out of or in connection with the use of the Licensed Area and BeaverTails Mobile Unit pursuant to the within Licence or anything done or purported to be done in any manner hereunder, except for damages caused by the City's negligence. 30 Licence Agreement The City of Saint John and Beavertails Commercial Inc. Ego 4 of 6 THIS LICENCE shall enure to the benefit of and be binding upon successors and assigns of the parties hereto respectively. SIGNED, SEALED & DELIVERED In the presence of: THE CITY OF SAINT JOHN Mayor Common Clerk Common Council Resolution: , 2019 BEAVERTAILS COMMERCIAL INC. Per: Prudent PARENT AND SONS INVESTMENTS LTD. P President 31 CANADA PROVINCE OF QUEBEC 1, Joseph Pino Di Iola, of the City of Montreal, in the Province of Quebec, MAKE OATH AND SAY as follows: I. THAT I am the President of BeaverTails Commercial Inc., a body corporate duly incorporated under the laws of Canada, having its head office in the City of Montreal aforesaid, one of the parties named in the foregoing instrument and am duly authorized to make this affidavit. 2. THAT BeaverTails Commercial Inc. does not have a corporate seal. 3. THAT the signature "Joseph Pino Di Iola" subscribed to the said instrument is my signature, and as President of BeaverTails Commercial Inc., I am duly authorized to execute the said instrument. 4. THAT the said document was executed as aforesaid at the City of Montreal, in the Province of Quebec, on the �Il' day of � , 2019. SWORN TO before me at the City ) of Montreal, in therovince of ) Quebec, the _,. J` day of ) 2019 d�/a��e'�d I ass8 216 211) Commissioner of Oaths & Province of Quebec c 61 32 PROVINCE OF NEW BRUNSWICK COUNTY OF SAINT JOHN i, Brian Parent, of the City of Saint John, in the County of Saint John and province of New Brunswick, MAKE OATH AND SAY as follows: 1. THAT I am the President of Parent and Sons Investments Ltd., a body corporate duly incorporated under the laws of the Province of New Brunswick, having its head office in the City of Saint John aforesaid, one of the parties named in the foregoing instrument and am duly authorized to make this affidavit. 2. THAT Parent and Sons investments Ltd. does not have a corporate seal. 3. THAT the signature "Brian Parent- subscribed to the said instrument is my signature, and as President of Parent and Sons Investments Ltd., I am duly authorized to execute the said instrument. 4. THAT the said document was executed as aforesaid at the City of Saint John, in the Province of New Brunswick, on the 2 5 day of 2019. SWORN TO before me at the City of Saint John, in the PT of Being a Solicitor Brian Parent 33 V 0 14 14 m N V 8 T K 34 N r a N 0 ML co COUNCIL REPORT M&C No. 2019-89 Report Date April 11, 2019 Meeting Date April 23, 2019 Service Area Finance and Administrative Services His Worship Mayor Don Darling and Members of Common Council SUBJECT. Licence Agreement for Fog Cutter Inc. Mobile Food -Unit OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadCity Manager Curtis Langille Kevin Fudge/lan Fogan John Collin RECOMMENDATION 1. That the City enter into the Licence agreement with Fog Cutter Inc. as attached to M&C 2019 - 89 , and further 2. That the Mayor and Common Clerk be authorized to execute the said Licence Agreement. EXECUTIVE SUMMARY Fog Cutter Inc. is a food vendor franchise that is seeking approval from the City to operate one of its mobile units for a period of four months on City owned land, adjacent to the Loyalist Plaza. Real Estate Services has negotiated a 10 per cent increase in the rent for this season and has also included the expected electric power costs associated with this unit into the rent fee. The location for this unit has also changed as a result of the sale of a portion of the former Coast Guard property to the Province. The remaining terms and conditions are unchanged, which are set out in the attached Licence document. PREVIOUS RESOLUTION Common Council at its meeting of April 9, 2018 approved the operation of the Fog Cutter mobile unit for a five month period on City property, near the former Little Red Schoolhouse. W -2 - STRATEGIC ALIGNMENT Providing for entrepreneur opportunities in the City's Uptown Core aid in creating a livable community that is vibrant and diverse, while providing an integrated approach to economic development. REPORT Fog Cutter Inc. wishes to locate its mobile food vendor unit on City owned property within the Loyalist Plaza area (see attached map) for a third consecutive year. The attached terms and conditions of the Licence Agreement are essentially the same as per the previous year; except for a 10 per cent rent increase, electric power to be included into the rent and a new location as per attached map. If Council is in agreement, the following recommendation will facilitate Fog Cutter Inc. mobile unit to once again be in operation for the season of 2019 on City owned property. SERVICE AND FINANCIAL OUTCOMES The Fog Cutter Mobile Unit situated in the Loyalist Plaza area will add to the vitality and commercial offerings in the City's Uptown area. This licence will generate $2,236.00 in rent. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The City's Legal Department had prepared the template for this Licence Agreement. Facilities Management has provided input into the preparation of this report. ATTACHMENT Licence Agreement with Fog Cutter Inc. 01.1 THIS LICENCE made in duplicate as of the . day of 2019. BY AND BETWEEN: THE CITY OF SAINT JOHN having its City Hall at 15 Market Square, Saint John, New Brunswick, a body corporate by Royal Charter, confirmed and amended by Acts of the Legislative Assembly of the Province of New Brunswick, hereinafter called the "Licensor", OF THE FIRST PART - and - FOG CUTTER INC., a body corporate duly Incorporated under the laws of the Province of New Brunswick, having its head office in the City of Saint John in the County of Saint John and Province of New Brunswick, hereinafter called the "Licensee", OF THE SECOND PART RECITALS: WHEREAS the Licensor is the owner of the lands bearing PID number 18614 shown on Schedule A attached hereto and forming part hereof (hereinafter the "Lands"); AND WHEREAS the Licensee wishes to operate a mobile unit for the sale of food products In the Lands outlined in red on Schedule "A" (hereinafter the "Licensed Area"); AND WHEREAS the Licensor has agreed to give the within Licence under the terms and conditions hereinafter set forth; NOW THEREFORE THIS LICENCE WITNESSETH that for and in consideration of the sum of Two Dollars of lawful money of Canada now paid by the Licensee to the Licensor, the receipt and sufficiency whereof is hereby acknowledged, the Licensor does hereby grant, subject to the terms, conditions, covenants and provisions herein contained, permission and Licence to the Licensee to enter into and upon and exit from the Lands for the sole purpose of using the Licensed Area to set up and operate a mobile unit for the sale of food products, hereinafter the "Fog Cutter Mobile Unit", for the term of this Licence, on the following terms and conditions. Kul Licence Agreement The City of Saint John and Fog Cutter Inc. Page 2 of 4 IT IS AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: 1. This Licence shall be for a period of four (4) months, beginning on June 1, 2019 and ending on September 30, 2019 (the "Term"). 2. The Licensee shall pay to the Licensor for the permission and license herein given the sum of Three Thousand, Two Hundred and Thirty-six Dollars ($3,236.00) (Canadian dollars) exclusive of HST payable in four (4) equal installments of eight Hundred and Nine Dollars ($809.00) (Canadian dollars) each payable on the 1" day of each and every month from and including June 1, 2019 and including September 1, 2019. 3. The Licensor shall provide electrical power to the Licensee and the cost shall be Included in the rent as per item two (2) above; 4. The Licence may be terminated at any time by the Licensor giving to the Licensee fifteen (15) days' written notice to terminate this Licence or by the Licensee giving to the Licensor a like notice. 5.. Notice to the Licensor shall be by email; in the case of the Licensor, to and in the case of the Licensee, Fog Cutter Inc. notice shall be by email to chris@grannangroup.com. 6. Notwithstanding anything else herein contained, this Licence may be terminated forthwith without notice to the Licensee in the event that the Licensee shall, in the opinion of the Licensor, be in default of any of the terms and conditions of this Licence T. No transfer or assignment of this Licence or of any of the rights or privileges herein granted shall be made, or caused or permitted to be made by the Licensee. 8. The Licensee hereby covenants and agrees with the Licensor as follows: a) that they shall only use the Licensed Area for the location of the Fog Cutter Mobile Unit to be used only for the sale of food products and for no other purpose; b) that they shall pay for all connection and operational costs associated with water and drainage for the Fog Cutter Mobile Unit and for the disconnection of same upon completion of the Term; c) that the hours of operation will conform to daily retail hours, weather permitting and will not exceed 2:30 a.m. daily; d) that only the Fog Cutter Mobile Unit is permitted in the Licensed Area (no passenger/cargo vehicles); 011 Licence Agreement The City of Saint .John and Fog Cutter Inc. Page 3 of 4 e) that they shall comply with all applicable Canadian Food Inspection Agency and other applicable regulations and legislation; f) that they shall not use the Licensed Area for any other purpose than that which is stated at paragraph a) hereof; g) that they shall keep the area around the Fog Cutter Mobile Unit clean and tidy at all times and clean up daily in the immediate area surrounding the Fog Cutter Mobile Unit. Clean up shall include the disposal of any/all debris associated with fast food delivery (pop cans, bottles, coffee, cups, napkins, plates, utensils and related articles) within a 40 foot diameter of the Fog Cutter Mobile Unit; h) that they shall, at no expense to the Licensor, obtain and maintain in full force and effect during the entire term of this Licence, a Commercial General Liability Insurance policy with policy limits of not less than five million dollars ($5,000,000.00) inclusive per occurrence for bodily injury and property damage; which policy shall name the City as an additional Insured and shall contain a cross -liability clause; I) that they shall, on or before June 1, 2019, submit to the City a Certificate of Insurance or other satisfactory evidence of having obtained and maintained the insurance coverage required at paragraph h) hereof; IT IS FURTHER MUTUALLY AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS: 9. No change or modification of this Licence shall be valid unless it is in writing and signed by the Licensor and the Licensee. 10. This Licence supersedes and takes the place of all prior agreements entered into by the parties with respect to the Licensed Area. 11. This Licence shall not be enforced or bind any of the parties thereto, until executed by all the parties named in it. 12. Notwithstanding any clauses herein, the Licensee does hereby indemnify and save harmless the Licensor from all damages, cost, claims, demands, actions, suits or other proceedings by whomsoever claimed, made, brought or prosecuted in any manner and whether in respect of property owned by others or in respect of damage sustained by others based upon or arising out of or in connection with the use of the Licensed Area and Fog Cutter Mobile Unit pursuant to the within Licence or anything done or purported to be done in any manner hereunder, except for damages caused by the City's negligence. 061 Licence Agreement The City of Saint John and fog Cutter Inc. Page 4 of 4 THIS LICENCE shall enure to the benefit of and be binding upon successors and assigns of the parties hereto respectively. SIGNED, SEALED & DELIVERED ) THE CITY OF SAINT JOHN In the presence of: j Mayor Common Clerk Common Council Resolution: .2019 FOG CUTTER INC. SCHED !II N 0 co COUNCIL REPORT M&C No. 2019-86 Report Date April 15, 2019 Meeting Date April 23, 2019 Service Area Finance and Administrative Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Building Condition Assessments (BCA) and Energy Audits (EA) on Municipal and Water Facilities OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Samir Yammine Kevin Fudge John Collin RECOMMENDATION It is recommended that: (a) the proposal submitted by Capital Management Engineering Limited, for the Building Condition Assessment and Energy Audits on 16 Municipal and Water Facilities, in the amount of $78,415.00 plus HST, be accepted and that the Mayor and Common Clerk be authorized to execute the necessary contract documents. (b) additionally, it is recommended that Common Council authorize staff to conduct direct negotiations with Capital Management Engineering Limited to provide a proposal to complete the same assessments for additional Municipal and Water Buildings. EXECUTIVE SUMMARY The purpose of this report is to seek Council's approval to award Building Condition Assessment and Energy Audits on Municipal and Water Facilities to Capital Management Engineering Limited and further authorize staff to include additional necessary Municipal and Water Buildings. :1 -2 - PREVIOUS RESOLUTION The following previous resolutions were adopted by Common Council: 1. On March 12, 2018 , Common Council (M&C 2018-68) approved the City of Saint John updated Asset Management Policy Statement 2. On October 31, 2018, Common Council (M&C 2018-291) enter into the Grant Agreement with the Federation of Canadian Municipalities under the Municipalities for Climate Innovation Program (MCIP) for the DEEP GHG emission reduction and Building Condition Assessment Study for Municipal buildings and Water Facilities in the amount of $125,000. REPORT The purpose of the BCA/EA is part of the City continuous effort to implement a comprehensive asset management program across the organization to help achieve the following: • Improve the asset data inventories for buildings • Help Council as well as staff make more informed investment decisions • Develop a 25 year long term capital investment profile on the selected buildings • Identify energy and cost saving opportunities using life cycle cost assessment to reduce energy and maintenance costs as well as GHG emissions to help achieve Corporate GHG emissions target The proposed scope of work consists of performing the following main activities and deliverables on 9 municipal buildings and 7 water facilities (see attached): • Provide a detailed asset inventories to help manage buildings infrastructure • Conduct a detailed condition assessment as per ASTM E2018 Standard • Conduct a detailed energy audit as per ASHRAE Level 2 standard • Develop an electronic tool to assist City staff gather field data on buildings in the future • Train City staff to collect buildings attributes and conduct condition assessments STRATEGIC ALIGNMENT The proposed project is clearly aligned with the following City Plans, policies, Council Priorities, programs and practices: 1. Corporate and Community GHG action plan target to reduce GHG emissions !193 -3- 2. City of Saint John Asset Management Policy and strategy objectives to apply risk-based decision and life -cycle costing principles to prioritize capital investment, define asset renewal and replacement needs, lengthen planning horizon, identify alternative measures, facilitate the leveraging of infrastructure funding from external sources, take into consideration climate change impact, and improve the reliability of customer service. 3. City of Saint John Asset Management Phase 2 Steam 1 Life Cycle Management to update asset registry and prioritize capital investment based on defined and quantify asset risks SERVICE AND FINANCIAL OUTCOMES The total cost to perform the BCA/EA on 16 buildings, if awarded to the highest ranked and lowest bidder, will be $78,415.00 plus HST. Funding for this project is provided by NB Power Energy Efficiency Program and FCM under the Municipalities for Climate Innovation Program (MCIP). The total cost of the project is under the amount of grant ($150,000) from FCM and NB Power. As a result, the City will be able to further conduct direct negotiations with Capital Management Engineering Limited to provide a proposal to complete the same assessments for additional Municipal and Water Buildings. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Materials Management facilitated the Request for Proposal (RFP) process to solicit proposals for Building Condition Assessments and Energy Audits on Municipal and Water Facilities. As such the RFP closed on March 25, 2019 with the following proponents responding by submitting proposals: ➢ Fundy Engineering Saint John, NB ➢ R.V. Anderson Associates Limited Fredericton, NB ➢ RSEI Consultants Limited Fredericton, NB ➢ Capital Management Engineering Limited Halifax, NB ➢ Pinchin Halifax, NB ➢ EXP Saint John, NB ➢ CBCL Limited Saint John, NB A review committee, consisting of staff from Materials Management and Facilities Management reviewed the submissions for completeness and compliance with the RFP requirements and selection criteria consisting of the following: 1. Demonstrated Understanding of the Project and Deliverables 2. Experience and Expertise of the Firm 3. Specific Experience and Qualifications of Key Personnel 4. Proposed Approach 5. Cost !El! -4 - Also in accordance with the City's standard procedures, the committee members evaluated and ranked each proposal based on the proposals' technical merits. Following this, the financial proposals were opened and evaluated and corresponding scores were added to the technical scores. Capital Management Engineering Limited's proposal was ranked the highest based on an overall rating of the evaluation criteria as well as offering the lowest cost. The above processes are in accordance with the City's Procurement Policy and Materials Management support the recommendations being put forth. ATTACHMENTS List of Buildings :1R Table 1: list of Buildings with Cost Breakdown Building Name Civic # Street Name Area PID# Infrastructure Defici BCA) EA Cost Municipal Buildings sq.ft (Y/N) (Y/N) BCA Canada Games Aquatic Centre 50 Union Street 62,874 00039222 $ 2,201,162.85 Y N Peter G. Murray Arena 701 Dever Road 28,351 00036590 $ 1,738,037.20 Y Y Hilton Belyea Arena 390 Lowell Street 25,373 00394940 $ 2,572,197.09 Y Y Charles Gorman Arena 80 University Avenue 25,273 55221097 $ 2,599,805.76 Y Y Stewart Hurley Arena 1500 Hickey Road 25,373 00313098 $ 1,912,372.58 Y Y Market Square Facilities 1 Market Square 533,000 55011878 $ 36,132,761.75 Y N Harbour Station 99 Station Street 168,000 00040048 $ 883,611.14 Y N Fire Station #1 47 Leinster Street 10,213 00018622 $ 1,362,543.25 Y Y Municipal Operations Complex 175 Rothesay Avenue 25,900 00019232 $ 2,892,645.96 Y Y $ 52,295,137.56 Total Saint Water Facilities Spruce Lake Pumping Station 2528 Ocean Westway 5,064 00286559 $ 2,322,291.39 Y Y Musquash Pumping Station 1107 Route #7 2,802 00419481 $ 4,525,483.11 Y Y Eastern Wastewater Treatment Facil 441 Red Head Road 60,000 00337956 $ - N Y Millidgeville Treatment Facility 700 Woodward Avenue 24,000 00051771 $ 2,835,302.32 Y Y Lancaster Treatment Facility 1210 Sand Cove Road 1,655 00403733 $ 6,384,705.76 Y Y Carpenter Place Lift Station 1608 Saint John Throughway 1,240 55114524 $ 1,026,676.03 Y Y Parks Street Pumping Station 1 Mitchell Street 433 00024042 $ 1,243,284.08 Y Y $ 18,337,742.69 Total Grand Total M. COUNCIL REPORT M&C No. 2019-90 Report Date April 15, 2019 Meeting Date April 23, 2019 Service Area Finance and Administrative Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: COAST GUARD SITE DEMOLITION — PHASE 11 OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadCity Manager Samir Yammine Ian Fogan/Kevin Fudge John Collin RECOMMENDATION It is recommended that the tender submitted by Galbraith Construction Ltd, for the Coast Guard Demolition- Phase II, in the amount of $347,056 plus HST be accepted. Further to the base tender amount, it is recommended that a contingency allowance be carried for this project in the amount of $80,000 plus HST, for a total project cost of $427,056 plus HST. Additionally, it is recommended that the Mayor and Common Clerk be authorized to execute the necessary contract documents. EXECUTIVE SUMMARY The purpose of this report is to seek Council's approval to award the Coast Guard Site Demolition Phase II to the lowest compliant bidder. The work consists generally of the demolition and removal of the 1 -storey former helicopter hangar and 4 -storey former administration building on the former Coast Guard site on Water Street in the City of Saint John. The lowest bidder has previously demolished the former Shops and Buoy Buildings on the Coast Guard site and had successfully met the City requirements. PREVIOUS RESOLUTION The following previous resolutions were adopted by Common Council: 1. On December 17, 2018), Common Council (M&C 2018-360) approved the following: -2- • Recommend to approve the transfer of $500,000 of the projected 2018 General Operating Fund surplus to the General Operating Reserve Fund to partially fund demolition work in 2019; • Recommend to allocate $500,000 approved in the 2018 Capital Budget for Growth to fund demolition work in 2019; 2. On July 9, 2018, Common Council ( M&C 2018-204) Common Council resolved to award Tender No. 2018-083001T to Galbraith Construction Ltd. for the demolition of the former Shops and Buoy Buildings on the Coast Guard site and that the Mayor and Common Clerk be authorized to execute any document required to effect said demolition REPORT On December 17, 2018 Staff has made recommendation to Common Council that the former helicopter hangar and former administration building on the former Coast Guard site on Water Street be demolished and fund were allocated under the general operating reserve and 2018 capital budget to demolish the two buildings. The project scope of work consists of the following: • Demolition and removal of the 1 -storey former helicopter hangar and 4 - storey former administration building on the former Coast Guard site • Work with the various stakeholders (i.e. port authority, Province of NB, Parking Commission, Police, Traffic department, utilities, etc.) to implement temporary measures to accommodate adjacent property owners and users of the project site as well as general public • Remediation to the site at the areas of demolition and removal of temporary measures. Work should take approximately 7-8 weeks to be completed. The completion date is expected to be June 30, 2019. STRATEGIC ALIGNMENT The proposed project is well aligned with Council Priorities of Growth & Prosperity as well as Vibrant City. SERVICE AND FINANCIAL OUTCOMES The total cost to perform coast guard site demolition — Phase II, if awarded to the lowest bidder as recommended, will be $427,056 plus HST. This includes the $80,000 contingency allowance. !E:3 -3 - Funding of this project is provided by the 2018 General Operating Reserve Fund and 2018 Capital Budget, which were both approved by Common Council on December 17, 2018 (M&C 2018-360). INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS A public tender call was issued on Tuesday, March 19, 2019 and closed on Thursday, April 11, 2019. Five (5) companies responded to the tender call by submitting bids. The results are as follows (excluding HST): COMPANY NAME TENDt Pff C`E* Galbraith Construction Ltd. $347,056 Dexter Construction Company Ltd. $837,000 CNF Mallet Ltee $744,000 Capital Demolition & Environmental Services $1,146,960 Debly Enterprises Ltd. $847,000 *Exclusive of HST Staff of Materials Management and Facilities Management have reviewed the tenders and have found them to be complete and formal in every regard. Staff believes that the low tenderer has the necessary resources and expertise to perform the work, and recommend acceptance of their tender. The above process is in accordance with the City's Procurement Policy and Materials Management support the recommendation being put forth. ATTACHMENTS NA COUNCIL REPORT M&C No. 2019-101 Report Date April 15, 2019 Meeting Date April 23, 2019 Service Area Transportation and Environment Services His Worship Mayor Don Darling and Members of Common Council SUBJECT. CanadaHelps Agreement — P.R.O. Kids — City of Saint John OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadCity Manager Brad Adams Michael Hugenholtz/ Tim O'Reilly John Collin RECOMMENDATION RESOLVED that the Mayor and Common Clerk be authorized to execute the agreement in the form attached between the City of Saint John and CanadaHelps. EXECUTIVE SUMMARY Over the past six years, the public demand for P.R.O. Kids has almost tripled from 562 Saint John children in 2013 to 1482 residents in 2018. In order to help meet this growing demand, Council has increased the P.R.O. Kids operating budget by 50% over that same period. The amount of annual cash donations to P.R.O. Kids over that same time frame has also grown from from $164,542 in 2013 to $259,027 in 2018. In order to increase the opportunity for donations to P.R.O. Kids, simplify the donation and tax receipting process for City staff, and provide a simpler way to donate to P.R.O. Kids, staff recommends that the City of Saint John enter into an agreement with the Canadian registered charity CanadaHelps to process donations and tax receipts for the benefit of the P.R.O. Kids service area. PREVIOUS RESOLUTION N/A 61191 -2 - STRATEGIC ALIGNMENT This report aligns with the City's Parks & Recreation Strategic Plan - PLAYSJ. This report aligns with Council's priorities related to: • Fiscally Responsible o Innovation and Improvement ■ Advance a culture of continuous improvement to drive operational efficiencies. ■ Leverage opportunities to generate alternative revenue 09WIDGM ■ Provide secure and compliant processing of all credit card transactions. • Valued Service Delivery o Customer -Focused Services ■ Explore service improvements through innovation, technology and developing partnerships with other organizations. • Vibrant, Safe City o Invest in arts, culture and recreation experiences that create a sense of community pride. REPORT P.R.O. Kids has been operated by the Parks and Recreation Division of the City of Saint John since 2002. This award winning service is considered best practice, and has also been adopted by other municipalities across the country as a solid municipal financial assistance program for assisting children and youth with access to sports and recreation programs. The City of Saint John Parks and Recreation division currently offers a variety of subsidy programs to reduce the overall costs of recreation for all residents and the P.R.O. Kids financial assistance program to improve access to recreation for residents most in need. P.R.O. Kids - $122,371 (2019 Operating Budget) Fundraising Revenue - $259,027 (2018 — Cash and In -Kind Donations) This program benefited 1482 Saint John Residents in financial need in 2018. Almost every large municipality in Canada has some type of municipally - operated financial assistance program to assist children living in poverty with access to recreation. For larger municipalities such at the City of Toronto, their city staff handle the administration of their program; and, the actual funding for financial assistance is built into the municipality's operating budget. In the case of Toronto, their annual budget is $10.5 M per year. In the case of a smaller 51 -3 - municipality such as Coquitlam, BC (pop. 125,020) their annual operating budget for financial assistance is almost $900,000 per year. As with other municipal financial assistance programs around the country, the City of Saint John funds the administration of P.R.O. Kids and it is operated by city staff. However, the model for Saint John also relies upon the generosity of donors to assist children. Unlike other subsidy programs, the City of Saint John does not fund P.R.O. Kids' financial assistance fund (Special Purpose Fund). This fund is instead built upon generous donations from the public to City of Saint John for the exclusive use of P.R.O. Kids to assist children in -need with access to the sports, arts, recreation or culture activity of their choice. Staff are supported in generating revenue for this fund by a dedicated team of volunteers appointed by Council to the P.R.O. Kids Advisory Committee. This model has proven very beneficial for the City; for every dollar Council invests in P.R.O. Kids, the community matches with four additional dollars (direct and in-kind) to support children. In 2018, P.R.O. Kids received $197,919 in cash donations. In that same time frame, P.R.O. Kids also received $61,108 in in-kind donations from sports and recreation organizations who offer free and discounted spaces in their programs for P.R.O. Kids, as well parents who committed to contribute a certain portion towards their own children's costs, depending on their financial capacity. It is staff's belief that the significant increase in demand is not due to an increase in poverty. Rather, the increase is primarily due to an improvement in ease of access in the form of digitizing the application process, operational enhancements, public awareness campaigns, brand recognition, and greater availability of donations for families in need. There is further possibility for increased demand in the coming years, as P.R.O. Kids currently assists only 25% of eligible families in Saint John. Presently, the City issues tax receipts for every eligible cash donation to P.R.O. Kids. This increase in donations has put additional strain on City staff, who must manually process each tax receipt. Currently, every tax receipt crosses the desk of 5 different City employees before it is received back by the donor. In order to simplify this process, increase the opportunity for donations, and provide a simpler way to donate to P.R.O. Kids, City staff conducted a thorough review of various types of software and/or organizations who could meet the demands of the City Saint John at low or no additional cost to tax -payers; Staff recommends partnering with CanadaHelps to meet these objectives. CanadaHelps is a registered charity that is national in scope and that works closely with the Canada Revenue Agency to help facilitate donations to charities across the country. As of 2016, they have processed over $780,000,000 in donations for hundreds of Canadian charities as well as municipalities such as 61► the City of Edmonton, AB, the City of Guelph, ON, the Town of Midland, ON & the City of Regina, SK. The process for making a donation through CanadaHelps is fairly straightforward: 1) P.R.O. Kids sets up a profile page on CanadaHelps website. 2) A donor can make a secure PCI compliant donation on that profile page. 3) Legally the donation is made to CanadaHelps in lieu of P.R.O. Kids. a. It is very clear on the profile page that while legally the donation will be to CanadaHelps, the donation will be gifted by CanadaHelps to P.R.O. Kids. b. CanadaHelps deducts a small administrative fee directly from the donation to pay for credit card processing, and operating their charity. In the case of a credit card donation, the fee is 3.5% per donation. 4) CanadaHelps issues the donor a digital tax receipt from CanadaHelps, not from the City of Saint John. 5) The donor receives an automatic customized thank you from the City of Saint John, and staff will have full access to the donor's details if staff would like to follow up with a donor. 6) Legally, CanadaHelps then makes a gift to P.R.O. Kids and direct deposits the donation into the City's bank account, on a weekly cadence. In the case of a $100 credit card donation to P.R.O. Kids, CanadaHelps would deduct $3.50 from the donation. They would issue a tax receipt from CanadaHelps for $100 to the donor. They would then make a gift of $96.50 to P.R.O. Kids. As CanadaHelps is a registered charity, they are permitted by the CRA to make gifts to other charities and municipalities. As a charity, their gifts (i.e. donations) to the City are not considered a taxable service, and so there is no actual cost to the City for this opportunity, nor does the City have to remit or claim HST. Staff from the Finance and Parks and Recreation service areas have the necessary competencies and capacity to work with this system and process direct deposits. CanadaHelps is a cloud -based service and will not need to be maintatined or serviced by the City of Saint John IT department. CanadaHelps will be responsible for technical support of their system. Staff recommend that the City of Saint John enter into an agreement with CanadaHelps for the processing of donations to P.R.O. Kids and that the Mayor and Common Clerk be authorized to sign all necessary documentation. 6V -5 - SERVICE AND FINANCIAL OUTCOMES There are a significant amount of benefits to the City from entering into this agreement. • This process would digitize a significant amount of the process of receiving donations, and processing tax receipts. • Staff requirements would be significantly reduced for processing Credit Card donations. • This process is secure, and increases opportunities for donors to make donations to P.R.O. Kids. • This process will now allow P.R.O Kids to receive recurring monthly donations from donors if they choose. • Increased donations will improve the capacity for P.R.O. Kids to assist more residents in financial need. • Donors will now be able to donate online. • Donors will now receive a tax receipt immediately. • The City will no longer have to pay to mail out hundreds of tax receipts per year for credit card donations to P.R.O. Kids • There is little to no risk or cost implications to the City. • CanadaHelps is a registered charity, and will essentially offer this service free to the City. Any costs to administer this program are borne by CanadaHelps, and deducted from actual donations with the consent of the donor. • In 2018, the City processed over $15,000 in credit card donations to P.R.O. Kids. The City currently absorbs the cost of credit card transaction fees for donations to P.R.O. Kids. These costs will now be the responsibility of CanadaHelps which will be deducted directly from the donation. • It is assumed that as the opportunity to make donations online is made available, more donors will make their donations in that format rather than by cash or cheque. This will also reduce staff time in multiple service areas. • The City will still retain the ability and continue to manually issue tax receipts for cheques and in-person donations. 6'i! -6 - INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Input was received from the following departments or groups: Finance; Information Technology; City Solicitor's Office; Material's Management; P.R.O. Kids Advisory Committee. All were supportive of the proposed agreement. ATTACHMENTS CANADAHELPS CANADON CLIENT AGREEMENT CanadaHelps Banking Information Form CanadaHelps Terms of Service CanadaHelps Privacy Policy CanadaHelps PCI Compliance Certificate 6191 CANADAHELPS CANADON CLIENT AGREEMENT THIS AGREEMENT is entered into between You ("Client") and CANADAHELPS CANADON, a registered charity and public foundation governed by the laws of Canada, having its principal place of business at 355 Adelaide Street West, Ground Floor, Toronto, Ontario M5V 1S2 ("CanadaHelps"). Background: A. CanadaHelps is the owner of an Internet portal located at http://www.canadahelps.org and http://www.canadon.org (the "Site") which, among other things: (a) provides electronic funds transfer services, event management services for events (the "Events"), receipting and other services to facilitate on-line donations to charities; and (b) lists various charities to which Users may donate. B. Client wishes to obtain and CanadaHelps wishes to provide the electronic funds transfer services, event management services for Events, receipting and other services to facilitate on-line donations. IN CONSIDERATION of the promises and mutual obligations contained herein and for other good and valuable consideration, the receipt and sufficiency of which are mutually acknowledged, Client and CanadaHelps agree as follows: ARTICLE 1 OBLIGATIONS OF CANADAHELPS 1.1 Services Subject to the terms and conditions of this Agreement, CanadaHelps will use commercially reasonable efforts to provide the following services (the "Services"): (a) accept eligible on-line donations made to Client ("Donations") by users ("Users") through: (i) the Site (including through Client's main Charity Profile page on the Site and any campaigns created by Client); (ii) Donation Links and Donation Forms (as described below) located on Client's website; (iii) customizable fundraising pages created and managed by Client such as peer-to-peer social fundraising pages and Events pages; or (iv) third party online portals, as available from time to time ("Third Party Portals"); (b) e-mail Donation receipts to Users for the eligible amount (if any) of the Donation, as allowed under the Income Tax Act (Canada), as amended, and the Canada Revenue Agency guidance, using CanadaHelps' charitable business number 896568417RR0001, or where Client is using the Site for Events, CanadaHelps will collect the Donations from the Events as an agent of Client and all Donation receipts, LEGAL_1:34112937.5 56 where issued, will be issued in Client's name and will contain Client's charitable business number; (c) transfer Donations minus the applicable transaction fees as described in Section 1.2 (the "Transaction Fees") to the bank account of Client (the "Client Account") specified in the Banking Information Form, as described in Section 2.4 using electronic funds transfer, as per CanadaHelps' Disbursement Schedule as defined in Section 1.4; and (d) provide Client with information about Donations and information about Donation receipts e-mailed to Users in accordance with CanadaHelps' Privacy Policy, as may be amended from time to time. (e) other services provided directly on the Site by CanadaHelps (including listing the Client in the database of registered charities located on the Site and posting the Client Profile on the Site). Notwithstanding anything to the contrary herein, CanadaHelps reserves the right to introduce new services and update or withdraw any of the Services, in its sole discretion. Client may choose to not use any of the Services, provided that this is commercially reasonable and technologically possible for CanadaHelps, and provided that any such election by Client to not use any of the Services will not result in any reduction in the Transaction Fees charged in accordance with Section 1.2. Donation Links are hyperlinks that may be placed on Client's website, such as the Donate Now Link and Donate Securities Link that allow Users to initiate donations on the Client's website utilizing the electronic funds transfer services provided by CanadaHelps, and the Fundraise Now Link that allows Users to initiate the creation of a fundraising page on the Client's website. Donation Links direct to Forms on the CanadaHelps website. Donation Forms are CanadaHelps' forms that are embedded on the Client's website to allow Users to complete donations on its website using CanadaHelp's Custom Donate Now services. In these cases CanadaHelps provides code that may be placed on Client's website to embed the form on its website 1.2 Charges Client will pay to CanadaHelps the Transaction Fees that CanadaHelps assesses on a per -Donation basis for those Donations made by cash, cheques, credit card, PayPal, Interac or consisting of gifts of securities using the Services, as described more fully in this Section 1.2 and on the Site. There are two categories of Transaction Fees: The Profile Account Rates and the Full Fundraising Account Rates, as described more fully on the Site. The Full Fundraising Account Rate will apply to all Donations to Client unless CanadaHelps determines in its sole discretion that Client has not met the following conditions, in which case the Profile Account Rates will apply to all Donations made to Client instead: (i) the Donate Now Link or Donation Form is placed on Client's website in a prominent position; (ii) the Site (including the Donate Now Link) and the Services are Client's primary source of and LEGAL_1:34112937.5 57 tool for collecting online donations; (iii) Client has completed the Banking Information Form (described below) and provided the necessary information in order for CanadaHelps to transfer funds electronically, and (iv) Client keeps the Client Profile (defined below) on the Site updated at all times. The current Transaction Fees as of the date of this Agreement are posted on the Site and are subject to change at any time, as described below. If Client believes that it no longer meets (or will no longer meet) all of the Full Fundraising Account Rate eligibility criteria set out above, Client will immediately notify CanadaHelps, and the Profile Account Rate will apply to all Donations made to Client from the date of such notification. CanadaHelps reserves the right from time to time to change the Transaction Fees as well as to introduce new fees and charges, including: (a) in respect of Donations made by other payment methods; (b) imposed by third parties for any Donations made through a Third Party Portal; (c) in respect of the Services; or (d) in respect of new services (for example, ticket sales solutions, Person -to -Person fundraising, customized donation solution). CanadaHelps will use commercially reasonable efforts to notify Client of any changes to its Transaction Fees or the introduction of new fees by email and will post its current Transaction Fees on the Site. Changes to the Transaction Fees will be published on the Site in advance of the effective date of the change and will become effective as of the date indicated as the "effective date" in such posting. 1.3 Provision of Services CanadaHelps will use commercially reasonable efforts to provide the Services in a timely manner, but will not be responsible or liable for any failure to do so. Further, CanadaHelps reserves the right to change, modify or discontinue any or all of the Services and to suspend the Services for maintenance and testing purposes at any time and from time to time upon written notice to Client. CanadaHelps will be under no obligation to provide any Services until it has verified the information provided by Client in the Banking Information Form (described in section 2.4). CanadaHelps may also at any time discontinue or suspend the provision of Services to Client, in whole or in part, if, in CanadaHelps' sole discretion acting reasonably, such action is necessary to prevent fraud or illegal activity, or to protect the rights, property or safety of CanadaHelps, its affiliates and its other clients, or their respective directors, officers, agents, employees, subcontractors and representatives. 1.4 Donation Funds All Donations, regardless of method of collection, will be held by CanadaHelps for the benefit of Client and will be segregated in CanadaHelps' accounting system from all other Donations collected on behalf of other clients of CanadaHelps. CanadaHelps will use commercially reasonable efforts, as described in CanadaHelps [Disbursement Policy] to transfer Donations (less any Transaction Fees as outlined in Section 1.2) held by CanadaHelps to the Client Account in accordance with the LEGAL_1:34112937.5 58 then current disbursement schedule as posted on the Site from time to time (the "Disbursement Schedule"). 1.5 Insurance During the Term of this Agreement, CanadaHelps will maintain Crime & Fraud insurance in an amount not less than $1,000,000 per occurrence. ARTICLE 2 OBLIGATIONS OF CLIENT 2.1 Use of Services Client will use the Services solely for its own benefit or otherwise in accordance with Client's officially published mandate. Client acknowledges that should it choose to embed Donation Form(s) on its website rather than use a Donate Now Link, it is important that such forms be embedded on a secure page (as further detailed in Section 5 and 6). Where the Site is used for Events and there is an advantage to the Donor to be deducted from the amount of the Donation, Client will provide CanadaHelps with the information necessary to issue receipts in accordance with the provisions of the Income Tax Act (Canada), as amended, and any applicable Canada Revenue Agency guidance. Client's use of the Site and Services is subject to the then current Terms of Use Policy and Privacy Policy as posted on the Site from time to time. 2.2 Compliance with Privacy Laws Client will at all times comply with all applicable laws and will collect, store, use and disclose any personal information (as such term is defined in the Personal Information and Electronic Documents Act (Canada), R.S.C. 2000, c.5) of Users in accordance with CanadaHelps' Privacy Policy and all applicable laws (including, without limitation, privacy, data protection and anti -spam laws). Client will use its best efforts to honour the contact preferences of Users as communicated from time to time to CanadaHelps. Without limitation to any other rights or remedies available to CanadaHelps at law or in equity, failure by Client to comply with CanadaHelps' Privacy Policy, applicable laws or the preferences of Users may result in the immediate termination of this Agreement by CanadaHelps or the refusal by CanadaHelps to provide User information to Client. 2.3 Return of Donation If after a Donation has been transferred by CanadaHelps in full to the Client Account, such Donation is thereafter rejected or reversed for any or no reason, including payments made in error, credit card chargebacks, NSF, refund requests, suspected or actual fraud, in whole or in part, Client will be liable to refund such rejected Donation amount in full to CanadaHelps and will reimburse CanadaHelps for any directly related out-of-pocket expenses and reasonable administrative costs incurred by CanadaHelps related thereto (collectively, the "Refund Amount"). CanadaHelps will debit the Client Account for the full Refund Amount in accordance with the Banking Information Form. LEGAL_1:34112937.5 59 2.4 Client Banking Information For the purposes of Donation transfers and returns referred to in Section 1.1 and Section 2.3 respectively, and other payments required to be made pursuant to this Agreement, Client authorizes CanadaHelps to make debits and credits solely in accordance with this Agreement and the Banking Information Form by using an electronic funds transfer system. Client will provide all necessary banking information requested in the Banking Information Form found on the Site, to CanadaHelps, via submission online or via fax, mail or email in order to activate electronic fund transfers and pre -authorized debits. Client is responsible for promptly updating CanadaHelps in writing of any change in the account information in accordance with the terms of this Agreement. The information in the Banking Information Form will be treated as Confidential Information (as defined below) under this Agreement. Should Client require its banking information to be updated, Client will complete the Change of Banking Information Form found on the CanadaHelps website or return it via fax, mail or email. The Change of Banking Information Form will supersede the original Banking Information Form and any subsequent changes to the original banking information upon receipt. Previous banking information will be destroyed. 2.5 CanadaHelps Donation Links and Donation Forms Where Client requests to use the Donation Links or Donation Forms on its website, CanadaHelps may request a printout sample of the placement of such Donation Link or Donation Form on Client's website for approval by CanadaHelps. Client will also discontinue use of the Donation Links or Donation forms and remove such Donation Links or Donation Forms from Client's website immediately if Client loses its status as a registered charity or upon written notice by CanadaHelps. 2.6 Third Party Services Client is responsible, at Client's sole expense, for obtaining, licensing and maintaining all equipment, software and telecommunications or other services which are necessary in order to receive the Services. ARTICLE 3 CLIENT PROFILE 3.1 Client Profile Client will be responsible for providing CanadaHelps with information about Client (the "Client Profile") for posting on the Site by updating the "Profile" screen located on the Site. 3.2 Updates to Client Profile CanadaHelps will provide Client with a unique login and password to access Client's CanadaHelps account so that Client can update the Client Profile. 3.3 Client Login and Password LEGAL_1:34112937.5 60 Client is responsible for maintaining the confidentiality of Client's login and password. Client is responsible for all use of the Services under Client's login and password whether or not authorized by Client. Client will notify CanadaHelps immediately of any unauthorized use of Client's login or password. 3.4 Grant of Licence During the Term of this Agreement, Client hereby grants to CanadaHelps a non-exclusive, non -transferable, irrevocable, world-wide, royalty -free licence to use, perform, reproduce, have reproduced, distribute, transmit, display or modify any content contained in the Client Profile in connection with this Agreement, and to permit visitors to the Site to access, download and make copies for their own personal use, any content contained in the Client Profile. 3.5 Restrictions on Client Profile CanadaHelps reserves the right to remove or modify any content contained in the Client Profile which CanadaHelps, acting reasonably, considers to be offensive, harmful to the business or reputation of CanadaHelps or the goodwill associated therewith, or otherwise objectionable. 3.6 Alteration of Client Profile In no event will CanadaHelps, its licensors or suppliers be liable for any unauthorized access to, or alteration, theft or destruction of any content contained in the Client Profile on the Site, whether caused by accident, fraudulent means or devices or otherwise. ARTICLE 4 TRADE -MARKS 4.1 Definition of Marks For the purposes of this Agreement, "Marks" means domain names, trade- marks, trade names, brands, business names, designs, graphics, logos and other commercial symbols and indicia of origin, and any goodwill associated therewith. 4.2 Use of Client Marks Client is the owner or licensee of the Marks Client identifies in writing to CanadaHelps as the "Client Marks" and hereby grants to CanadaHelps a non- exclusive licence to use the Client Marks in connection with this Agreement and the provision of the Services. CanadaHelps will use the Client Marks in the form provided and in accordance with any guidelines for the usage thereof provided by Client to CanadaHelps at any time and from time to time. 4.3 Use of CanadaHelps Marks CanadaHelps is the owner or licensee of the Marks listed as the "CanadaHelps Marks" at the end of this Agreement. CanadaHelps may, in its sole discretion, grant to Client a non-exclusive licence to use some or all of the CanadaHelps Marks on Client's website or elsewhere in connection with this Agreement. If CanadaHelps LEGAL_1:34112937.5 61 grants Client such a licence, Client will use the applicable CanadaHelps Marks in the form provided and in compliance with any guidelines for the usage thereof provided by CanadaHelps to Client at any time and from time to time. 4.4 Reservation of Rights Client and CanadaHelps will each retain all right, title and interest in and to their respective Marks and nothing in this Agreement will convey to either party any right of ownership in the other party's Marks. Neither party will now or in the future contest the validity of the other party's Marks. The licensee of the Marks will not take any action inconsistent with the owner's ownership of the Marks and any benefits occurring from the use of such Marks will automatically vest in the owner. ARTICLE 5 REPRESENTATIONS AND WARRANTIES 5.1 Representations and Warranties of Client Client represents, warrants and covenants that: (a) Client is a charity registered either as a charitable organization, private foundation or public foundation or other qualified donee, as those terms are defined under section 149.1 of the Income Tax Act (Canada), as amended; (b) Client fully complies and will at all times continue to fully comply with all applicable laws, statutes and regulations, including, without limitation, the Income Tax Act (Canada), as amended, all other taxation, privacy laws and anti -spam legislation; (c) Client has full power and authority to enter into this Agreement and the execution and performance of its obligations under this Agreement does not conflict with: (i) any laws, rules, regulations or governmental guidelines to which Client is subject; or (ii) any other agreements to which Client is a party or to which Client is otherwise bound; (d) Client owns or has the authority to grant the rights and licences granted to CanadaHelps by Client under this Agreement; (e) any content contained in the Client Profile when used, performed, reproduced, distributed, transmitted, displayed or modified by CanadaHelps as permitted under this Agreement does not violate the rights of any third party including, without limitation, any patents, trade -marks, copyrights (including performer's rights), trade secrets, trade names and other intellectual property rights whether registered or not (collectively, the "Intellectual Property Rights"); (f) Client has obtained all necessary waivers of moral rights from authors of any content contained in the Client Profile to permit the use, performance, reproduction, transmission, distribution display or modification of such content by CanadaHelps as permitted under this Agreement and the use of such content by CanadaHelps in accordance with this Agreement will not require any additional consents, permissions or approvals from or payments to any third party; LEGAL_1:34112937.5 62 (g) any content contained in the Client Profile complies with all applicable laws, statutes and regulations including, without limitation, all slander, defamation, libel, obscenity and privacy laws; (h) the use of the Client Marks by CanadaHelps as permitted under the Agreement does not violate the rights of any third party including, without limitation, any Intellectual Property Rights; (i) Client has provided accurate information to CanadaHelps with respect to the information necessary to provide receipts including the amount of the Donation and any advantage to the Donor to be deducted from the amount of the Donation in accordance with the provisions of the Income Tax Act (Canada), as amended, and any applicable Canada Revenue Agency guidance, where required; and (j) Client has taken reasonable safeguards to prevent malicious conduct on its website when using CanadaHelps Site or Services including CanadaHelps Donation Links and Donation Forms 5.2 Representations and Warranties of CanadaHelps CanadaHelps represents, warrants and covenants that: (a) CanadaHelps fully complies and will at all times continue to fully comply with all applicable laws, statutes and regulations, including, without limitation, the Income Tax Act (Canada), as amended, all privacy laws and anti -spam legislation; and (b) CanadaHelps has full power and authority to enter into this Agreement and the execution and performance of its obligations under this Agreement does not conflict with: (i) any laws, rules, regulations or governmental guidelines to which CanadaHelps is subject; or (ii) any other agreements to which CanadaHelps is a party or to which CanadaHelps is otherwise bound. ARTICLE 6 WARRANTY DISCLAIMER, INDEMNITY AND LIMITATION OF LIABILITY 6.1 Warranty Disclaimer, Indemnity and Limitation of Liability In view of CanadaHelps' non-profit, charitable status, and in consideration of CanadaHelps' agreement to provide the Services to Client, Client acknowledges and agrees that: (a) In no event will CanadaHelps, its affiliates, directors, officers, agents, employees, suppliers, subcontractors or licensors be responsible for losses, damages or expenses of any kind whatsoever caused to Client, Users or any third party relating to or arising in any manner under or in connection with this Agreement or the Services. Without limiting the generality of the foregoing, in no event will CanadaHelps, its licensors or suppliers be liable for damages for loss of profits, loss of data or information, business interruption or other pecuniary loss relating to or arising in any manner under or in connection with this Agreement or the use of the Services or the Site or the ability or inability to use the Services or the Site or the ability or inability of the Services or the Site to be used with any software, LEGAL_1:34112937.5 63 systems or equipment of Client or the failure by CanadaHelps to provide any or all of the Services in a timely or proper manner or at all. If the exclusion of liability set out in this Section 6.1(a) is held to be unenforceable or inapplicable for any reason, in no event will the total cumulative liability of CanadaHelps, its affiliates, directors, officers, agents, employees, suppliers, subcontractors or licensors in connection with this Agreement or the Services exceed the total sum of Transaction Fees paid by Client to CanadaHelps in the six months preceding the date on which the applicable claim arose. (b) In no event will CanadaHelps, its affiliates, directors, officers, agents, employees, suppliers, subcontractors or licensors be liable to Client, Users or any third party for any special, indirect, incidental, or consequential damages, even if CanadaHelps, its affiliates, directors, officers, agents, employees, licensors, subcontractors or suppliers have been advised of the possibility of such damages. (c) The Services and the Site are provided to Client on an "as is" basis without representations, warranties or conditions of any kind. As between the parties, Client assumes responsibility for determining the suitability of the Services or the Site, for the use of the Services or Site and for the results obtained. If Client is using the Site for Events, Client is responsible for determining whether any taxes, including Goods and Services Tax, Harmonized Sales Tax or provincial sales tax applies and Client will be responsible for remitting all such taxes to the appropriate authorities out of the funds collected by Client. CanadaHelps disclaims all warranties, conditions and representations of any kind, whether express, implied or collateral, including, but not limited to, all conditions, representations or warranties of merchantability, of fitness for a particular or general purpose, of non -infringement, of compatibility or that the Services or the Site are secure, or error free or will operate without interruption or will be provided in a timely or proper manner or at all. 6.2 Scope of Limitation and Disclaimer The foregoing limitations and disclaimers apply regardless of the causes or circumstances giving rise to the loss, damage, claim or liability, even if such loss, damage, claim or liability is based on negligence or any other tort, strict liability, breach of contract including, without limitation, breach of a fundamental term, product liability or infringement of any intellectual property right. 6.3 Client Indemnity Client will indemnify and hold CanadaHelps, its affiliates, directors, officers, agents, employees, suppliers, subcontractors and licensors harmless from and against any losses, damages and expenses (including legal fees) ("claims") arising out of or relating to: (a) Any claims or demands made by User or any third party due to or arising out of Client's use of the Services or the Site, unless such claim is directly and solely caused by the gross negligence or the intentional or wilful misconduct of CanadaHelps, its affiliates, directors, officers, agents, employees, subcontractors or licensors; (b) Client's violation of any of the terms and conditions of this Agreement, including, without limitation, any of Client's representations and warranties; LEGAL_1:34112937.5 64 (c) Client's violation of any applicable laws, including, without limitation, the Income Tax Act (Canada) as amended, all other taxation, privacy laws and anti -spam legislation; or (d) The Client Profile or Client Marks, including, without limitation, that the Client content or Client Marks infringe the intellectual property rights of any third party or that the content of the Client Profile is libellous, slanderous, defamatory, obscene or violates any other rights (including privacy rights) of any third party. ARTICLE 7 TERMS AND TERMINATION 7.1 Term The term of this Agreement will begin on the Effective Date and will continue until this Agreement is terminated as provided for herein (the "Term"). 7.2 Termination by CanadaHelps CanadaHelps may terminate this Agreement, with or without cause and without paying any termination fees, charges or other amounts, at any time immediately upon written notice to Client. 7.3 Termination by Client Client may terminate this Agreement at any time by providing notice to CanadaHelps that Client wishes to deactivate its Client Profile. 7.4 Post -Termination Obligations Unless otherwise requested in writing by Client, or at the discretion of CanadaHelps, CanadaHelps may maintain the Client Profile on the Site following the termination of this Agreement, including for CanadaHelps' audit or other record retention purposes. Client will immediately cease all use of and access to the Site following the termination of this Agreement. ARTICLE 8 CONFIDENTIALITY, OWNERSHIP AND PRIVACY 8.1 Confidential Information For the purposes of this Agreement, "Confidential Information" means, with respect to either party, the non-public, confidential, secret or proprietary material and information of such party that has been or may be, directly or indirectly, disclosed to, or come into the possession or knowledge of, the other party, whether in verbal, written, graphic, electronic or other form, in connection with or as a result of entering into this Agreement. 8.2 Confidentiality LEGAL_1:34112937.5 65 Each party will maintain the confidentiality of all Confidential Information of the other party and will not release, disclose, use, make available or copy any such Confidential Information without the prior written consent of the disclosing party except as necessary to carry out its obligations under this Agreement. Each party may disclose the other party's Confidential Information to its employees, agents or subcontractors on a need -to -know basis only and subject to entering into a non- disclosure agreement. Each party will not use in any way, for its own account or for the account of any third party, except as expressly permitted by, or required to achieve the purposes of this Agreement, or disclose to any third party (except to that party's legal advisor, accountants or other advisors as reasonably necessary), any of the other party's Confidential Information, and will take reasonable precautions to protect the confidentiality of such Confidential Information, at least as stringent as it takes to protect its own Confidential Information. Excluded from this obligation of confidentiality is Confidential Information which: (a) is known to the receiving party prior to receipt from the disclosing party directly or indirectly from a source other than one having an obligation of confidentiality to the disclosing party; (b) becomes known to the receiving party directly or indirectly from a third party source not having an obligation of confidentiality to the disclosing party; (c) becomes publicly known or otherwise ceases to be secret, proprietary or confidential, except through a breach of this Agreement by the receiving party; (d) is independently developed by the receiving party; or (e) is required to be disclosed by a government authority or by law, provided that the receiving party gives the disclosing party reasonable prior written notice sufficient to permit the disclosing party to contest such disclosure. 8.3 Ownership Except for the rights expressly granted under the Agreement, as between CanadaHelps and Client: (a) CanadaHelps retains all right, title and interest in and to the Site, and the Services, including, without limitation, all Intellectual Property Rights therein ("CanadaHelps Property"); and (b) Client retains all right title and interest in and to any information, materials or other content that Client provides in the Client Profile (but only provided that Client does not thereby acquire any rights in or to any CanadaHelps Property), including all Intellectual Property Rights therein. ARTICLE 9 GENERAL PROVISIONS 9.1 Relationship of the Parties Nothing contained in this Agreement will be deemed or construed by the parties hereto or any third party to create the relationship of partnership or joint venture between the parties, it being understood that the parties will at all times remain independent parties contracting for Services. LEGAL_1:34112937.5 66 9.2 Assignment This Agreement will be binding upon and enure to the benefit of the parties hereto and their respective successors and permitted assigns. Neither party will assign or transfer this Agreement or any of its rights under this Agreement, whether directly or indirectly, without first obtaining the prior written consent of the other party, such consent not to be unreasonably withheld, except that in the event CanadaHelps transfers its tax-exempt status as a registered charity to another corporation, CanadaHelps will be permitted to assign this Agreement to such transferee corporation without prior written consent to Client. 9.3 Notice All notices or other communications pursuant to this Agreement will be in writing and will be delivered personally, sent by registered mail (with postage prepaid) or transmitted by facsimile or e-mail to the intended recipient at the address provided in this Agreement or to such other address as either party may have furnished to the other party in writing in accordance herewith. Any such notice or communication will be deemed to have been received on the date on which it was delivered or transmitted by facsimile or other form of recorded communication, or on the third business day next following the mailing of such notice. 9.4 Governing Law This Agreement will be governed by the laws of the Province of Ontario and the laws of Canada applicable therein. Each of Client and CanadaHelps hereby irrevocably attorn to the jurisdiction of the Ontario courts in respect of any matter concerning this Agreement. 9.5 Survival The provisions of Sections 1.2, 2.2, 2.3, 4.4, 5.1, Article 6, 7.4, Articles 8 and 9, and all other provisions which either expressly or by their nature survive, will survive termination or expiration of this Agreement. 9.6 Entire Agreement This Agreement and the documents referred to or incorporated herein by reference contain the entire agreement between CanadaHelps and Client with respect to the subject matter thereof and supersede all prior agreements, negotiations and representations, written or oral, relating to its subject matter. Except as provided in this Agreement and in the schedules attached hereto and the documents referred to or incorporated into this Agreement by reference, there are no conditions, representations, warranties, undertakings or agreements between the parties whether direct, indirect, collateral, express or implied. CanadaHelps may update the terms of this Agreement from time to time to reflect changes in its business practices by posting notice of the change in terms on the Site. Any updated terms will become effective upon posting on the Site or upon the date designated by CanadaHelps as the "effective date" (if any). LEGAL_1:34112937.5 67 9.7 Further Assurances The parties will co-operate with and assist each other and take such action as may be reasonably necessary to implement and carry into effect this Agreement to its full extent, including, without limitation, assisting each other in complying with applicable law. 9.8 Amendment This Agreement cannot be modified, varied, amended or supplemented in any way by Client. CanadaHelps reserves the right to modify, vary, amend or supplement this Agreement, including changes to Transaction Fees, Disbursement Schedule, Services or other fees or charges, at any time and from time to time. CanadaHelps will post the current version of this Agreement on the Site and each such change will be effective upon posting on the Site or upon the date designated by CanadaHelps as the "effective date" (if any). Client's continued use of the Services following any such change constitutes Client's agreement to be bound by and its acceptance of this Agreement as so modified. 9.9 Subcontractors CanadaHelps may from time to time, in its sole discretion and without notice to Client, subcontract the performance of its obligations under this Agreement, in whole or in part, to a third party. Where CanadaHelps chooses to engage a subcontractor, such subcontracting will not relieve CanadaHelps of any of its obligations or liability under this Agreement. 9.10 Severability If any provision of this Agreement is determined by any court of competent jurisdiction to be invalid, illegal or unenforceable, that provision will be severed from this Agreement and the remaining provisions will continue in full force and effect so long as the economic or legal substance of the transactions contemplated hereby is not affected in any manner materially adverse to either of the Parties. 9.11 Force Majeure Neither party will be liable for any loss or damage or for any delay or failure in performance due to acts beyond the control of such party whether or not such acts could reasonably be anticipated (including acts of God, legislative, judicial or regulatory acts of any provincial or the federal government, court or regulatory authority, acts of any of our subcontractors or any third party providers of goods or services to us, labour disruptions, blackouts, embargoes), except that non-payment of amounts due under this Agreement will not be excused by this provision. 9.12 No Waiver Any waiver by CanadaHelps of any of the provisions of this Agreement will not constitute a waiver of any other provision hereof (whether similar or not), nor will any such waiver constitute a continuing waiver of that particular provision, unless expressly provided by CanadaHelps in writing. LEGAL_1:34112937.5 68 9.13 Language The parties hereto confirm that it is their wish that this Agreement, as well as all other documents relating hereto, including the Banking Information Form and all notices, have been and will be drawn up in the English language only. A French version of this Agreement and the Banking Information Form will be made available upon request by Client, however, the English version of such documents will govern. / Les parties aux presentes confirment leur volonte que la presente convention, de meme que tous les documents qui s'y rattachent, y compris tout formulaire de renseignements bancaires et tout avis, soient rediges en langue anglaise. Le client pourra obtenir sur demande la version fran�aise de la presente convention et du formulaire de renseignements bancaires, mais la version anglaise de ces documents prevaudra sur la version fran�aise. CANADAHELPS MARKS "CanadaHelps" "GIVING MADE SIMPLE" "THE FUTURE OF PHILANTHROPY" "LE DON EN TOUTE SIMPLICITE" BANKING INFORMATION FORM Client is required to return the Banking Information Form to CanadaHelps within ten (10) business days of this date in order to finalize the terms of Agreement. LEGAL_1:34112937.5 69 � �0�~� a HeUlps,arg owng rnade simplle CnnndnHedpsr(serves[he r�httoperlormn[ undsTr n,JerPre/\uthorizedtoyourchnri-/snczountin [he eventofmndeinerror creditc-rd ( k," VS[ refundrequests.nndLed orn( rnudredntedto funds previous�ydisbursedintoyourbankaczount.[anadaHe�psR4Osoccurinavariab�eamount. onah»edbi+week�y scheddeormnuthorizesCnnndnHedpstoperlormsuchdebitsvvhennecessnry Yourecourser�htsJnnydebitdoesnotcomp�yvviththisn�reemenLRzrexnmpke.youhnve[he r�httorece�ve reimbursementfornnydebitthntisnotnuthorizedorisnot( TbcnncedthisPAO n�reement.yourchnritymustprovide3OdnysvvrilennoticetoCnnndnHedpsor�� Tbobtninmoreinformntiononyour recourser�hts.ortoobtninnnncedLntionformnndreceivemoreinformntionnboutyourr�httocnncedyourPAO agreement.conLac tyourhnancia�institutionorvisitwv«v�cdripay.ca Charity Nanme: Charitable RegUstratiomNunmber: Address: Contact Persoim Blank Institution Code (3 digits): Blank Account Nuimber(7 digits mUmUymiim): Naime of Authorized Signing Of ficer: Signature ofAuthorized Signing Offfi:er: FeUephome Nunmber: Fax Nuimbeir: Blank'Frainsit Nuimbeir (5 digits): 2At nchndenrnndrendnbo�')yofnvoidedchequreferredmethod)ornbnntntemenL J Sendinyourfuycompketedformnndrequestedinformntionhstedinitemtwoof theseinstructionsbyemndntii�i�fo@cai�i�ada��i�e��ps.oiir�g.orbyfnxnt1-888-787-4264 AHdo( umentntioncnnbescnnnedordendy.documentntioncnn n�sobetoCnnndnHedpsto[he nddressHstedbedovv P�easenotewecan ondycompketeyour reg,istration unksswe receiveaHrecluested documentation Terms of Use � CanadaHelps - Donate to any charity in Canada yda ad lieIllI�.)s,,C,f' i1,Wnq made Ornp i (https://www.canadahelps.org/en/) TERMS OF USE (Last updated: February 7, 2014) Page 1 of 7 CanadaHelps makes available to you this website located at www.CanadaHelps.org (the "Website') subject to your acceptance of and compliance with these website terms of use (the "Terms of Use"). BY ACCESSING, BROWSING, AND/OR USING THIS WEBSITE YOU ARE ACKNOWLEDGING THAT YOU HAVE READ AND UNDERSTOOD TH ESE TERMS OF USE AND OUR PRIVACY POLICY (https://www.canadaheIps.org/en/privacy-policy/) AND THAT YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. IF YOU CANNOT OR DO NOT AGREE WITH THESE TERMS OF USE OR OUR PRIVACY TERMS OF USE THEN DO NOT ACCESS OR USE THIS WEBSITE. CanadaHelps reserves the right, in its sole discretion, to update, revise, supplement, and modify these Terms of Use as well as to impose new or additional terms and conditions to these Terms of Use at any time. We will notify you of any changes to these Terms of Use by posting any revised draft on our Website. Your continued access or use of the Website after such modifications have been posted shall indicate your acceptance of and agreement to be bound by these Terms of Use as modified. It is your responsibility to review regularly these Terms of Use. CanadaHelps does not intentionally market its services to minors. If you are under 18, you will need to obtain your parent or guardian's permission before you send any personal information to CanadaHelps over the Internet. Parent or guardian participation, understanding of their children's online usage, and awareness of the activities in which they are participating, are strongly encouraged. 1. YOUR DONATIONS CanadaHelps' Website offers a user-friendly way for individuals to donate or fundraise for their favourite Canadian charities. All donations made through our tools and services (whether through our Website, our tools and services for registered Canadian charities, or our services provided to our partners) are made directly to CanadaHelps (who issues donors their tax receipts). 71 httm-flunxrur rranarinlhpine nrn1Pn1tPrme_nf-iic,— ° 1 41AAd IA1 0 Terms of Use I CanadaHelps - Donate to any charity in Canada Page 2 of 7 CanadaHelps transfers the donated amount (minus its non-commercial service fee described below) to the registered charity selected by the donor (unless, of course, your donation is intended by you to be to CanadaHelps alone, in which case your donation in support of our activities is gratefully received and retained by CanadaHelps in its entirety). CanadaHelps is a not-for-profit registered Canadian charity. To support our service offerings and in consideration for the many services that we offer to the charities listed on this Website, such charities pay to CanadaHelps non-commercial service fees, which are assessed on a per donation basis according to the type of donation and rates published on the Website at: https://www.canadaheIps.org/en/for-charities/pricing/ (https://www.canadahelps.org/en/for-charities/pricing/). A copy of our Donation Disbursement Policy may be found here (https://www.canadahelps.org/en/donation delivery -and -refund -policy/). 2. CONDITIONS OF USE Except as may be expressly authorized by CanadaHelps, any reproduction, modification or distribution of the Website materials or content, in whole or in part, is strictly prohibited. Notwithstanding the foregoing CanadaHelps hereby grants to you a limited, non- transferrable license to view, download, and retain copies of this Website and materials published by CanadaHelps on this Website for your personal, non-commercial use only, provided you do not remove or alter any copyright or other proprietary notices. You also agree that you will not use any part of this Website in such a way that suggests any type of relationship between CanadaHelps and you or any entity related to you, unless you have received prior consent from CanadaHelps. For registered charities that use the tools and services that are made available through this Website, you understand that your use of such tools and services is governed by the CanadaHelps Client Services Agreement (https://www.canadahelps.org/en/canadahelps- client-agreement/). Except to the extent permitted by copyright law, no copying or use of the material from this Website is permitted except in accordance with these Terms of Use, the CanadaHelps Client Services Agreement or the express permission of CanadaHelps. CanadaHelps reserves the right to modify, change, discontinue or suspend the Website (and any services offered through the Website) in whole or in part, at any time, without prior notice to you. CanadaHelps or any of its respective employees, agents, officers, directors or third party service providers (collectively, "CanadaHelps and CanadaHelps Service Providers") shall not be liable to you or any third party should CanadaHelps exercise this right. 72 httnc-//urunPv ranwinhPlnc nrn/an/tarmc_nf_iica� 1 A�'nAt)ni o Terms of Use I CanadaHelps - Donate to any charity in Canada Page 3 of 7 You represent and warrant that any information or materials you provide to CanadaHelps or post on its Website is accurate, truthful, not misleading, not confidential property of third parties, does not violate third party rights, and is offered in good faith. This includes, but is not limited to, information provided as part of any registration, to gain access to, or for use of any service offered on the Website. In addition you agree not to use the Website in connection with any of the following activities: a) sending and relaying spam, impersonating another person or entity, falsely misrepresenting your identity or your affiliations; b) for illegal or fraudulent purposes; c) for transmitting or distributing any objectionable material that is illegal, harassing, defamatory, tortuous, sexually explicit, obscene, hateful, or racist; or d) for transmitting material that contain computer programs including but not limited to viruses, Trojan horses, worms, time bombs, and cancel bots, which are designed to disrupt, destroy, harm, or damage the operation of the Website or computer. CanadaHelps reserves the right at any time, in its discretion, to remove any content or material provided or posted by you including, but not limited to, materials CanadaHelps deems to be in violation of these Terms of Use or the CanadaHelps Client Services Agreement. 3. MONITORING INFORMATION CanadaHelps makes reasonable efforts to ensure that the information provided through the Website is current and accurate. CanadaHelps makes no representations or warranties as to the accuracy, reliability, completeness or timeliness of such information. 4. OWNERSHIP OF INTELLECTUAL PROPERTY CanadaHelps and its licensors own all rights, title and interest in the Website and you acquire no interest therein. The materials provided on the Website including, without limitation, all content, site design, text, graphics and the selection and arrangement thereof are protected by copyright. All rights are reserved. Any unauthorized use or any reproduction, modification or distribution of the materials is strictly prohibited. Nothing in these Terms of Use shall grant you any rights in or to the intellectual property or proprietary rights of CanadaHelps or any third party. By providing or posting this material onto CanadaHelps' website you hereby grant to CanadaHelps a nonexclusive, royalty free, perpetual, and irrevocable license which allows CanadaHelps the right to use, edit, modify, adapt, reproduce, publish, distribute and display such material. You also hereby waive all moral rights you may have in such material. You represent and warrant that you own all rights to the material you post on our Website and therefore have the authority to grant such a license. Nothing on the Website shall be construed as granting, either expressly, by implication, by estoppel or otherwise, a licence or other right to you to use any trade -marks 73 httn,-/Iwww rnnAdshPlnc nra1Pn1tPnmc_nf_1icP" 1410nMA10 Terms of Use I CanadaHelps - Donate to any charity in Canada Page 4 of 7 or trade -names of CanadaHelps. The names of other companies, products or services referred to on the Website may be trade -marks or trade -names of their respective owners. Any unauthorized use of the trade -marks or trade -names of CanadaHelps or of third parties is strictly prohibited. 5. LINKS Certain links on this Website lead to other websites ("Linked Sites'"), which are owned and operated by independent parties over whom CanadaHelps has no control. Use of any Linked Site is entirely at your own risk. CanadaHelps makes no representations or warranties as to the accuracy or any other aspect of the information contained on the Linked Sites, including the goods or services sold or made available. CanadaHelps therefore disclaims all liability and responsibility for the availability of information, content, accuracy, products, or services found on Linked Sites. The existence of a link from the Website to any third party site does not constitute an endorsement by CanadaHelps of the Linked Site or any goods, services or information provided through such Linked Sites. While CanadaHelps encourages links to the Website, we do not wish to be linked to or from any third -party web site which may be damaging or detrimental to the activities, operations, credibility or integrity of CanadaHelps. CanadaHelps reserves the right to prohibit or refuse to accept any link to the Web site which contains or makes available any content or information that includes, without limitation, unlawful, threatening, abusive, racist, libellous, defamatory, obscene, vulgar, violent, pornographic, profane or indecent information of any kind. You agree to remove any link you may have to the Website upon the request of CanadaHelps. You may not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party's use or enjoyment of the Website. 6. COMPLIANCE WITH LAWS In addition to complying with these Terms of Use, you agree to use the Website and services available on or through the Website for lawful purposes only and in a manner consistent with local, national or international laws and regulations. 7. DISCLAIMERS, LIMITATIONS OF LIABILITYAND INDEMNIFICATION httnc•/hxnxnm ranndn1kP1nc nrrrlPn/tPrmc_nf_rncF-/ 141MI MIO Terms of Use I CanadaHelps - Donate to any charity in Canada Page 5 of 7 YOU UNDERSTAND AND AGREE THAT: USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS. CANADAHELPS DOES NOT PROVIDE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES REGARDING MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CANADAHELPS DOES NOT WARRANTTHAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAYBE OBTAINED FROM THE USE OF THE WEBSITE OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE. THE DOWNLOADING OF MATERIAL FROM THE WEBSITE IS DONE AT YOUR OWN RISK. CANADAHELPS DOES NOT GUARANTEE OR WARRANT THAT SUCH MATERIALS ARE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SAFEGUARDS TO PROTECT YOUR COMPUTER SYSTEM AND DATA AND YOU ARE RESPONSIBLE FOR THE ENTIRE COST OF ANY SERVICE, REPAIRS OR CORRECTIONS NECESSARY AS A RESULT OF THE USE OF THE WEBSITE. YOU SHOULD NOT RELY ON ANY OPINION OR OTHER INFORMATION SET OUT IN THE WEBSITE WHEN MAKING BUSINESS, FINANCIAL, PERSONAL OR OTHER DECISIONS. CANADAHELPS AND CANADAHELPS SERVICE PROVIDERS DO NOT ENDORSE THE OPINIONS OF ANY THIRD PARTY EXPRESSED ON THE WEBSITE OR ANY SITE ACCESSIBLE THROUGH THE WEBSITE. Limitations of Liability. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CANADAHELPS ITS SERVICE PROVIDERS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS, AND AGENTS BE LIABLE FOR ANY: (i) INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, COMPENSATORY OR PUNITIVE DAMAGES; (ii) DAMAGES FOR LOSS OF INCOME, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR BUSINESS INFORMATION, LOSS OF OR DAMAGE TO PROPERTY; (iii) CLAIMS OF THIRD PARTIES; OR (iv) OTHER PECUNIARY LOSS, ARISING OUT OF OR RELATED TO THIS POLICY, THE WEBSITE OR ANY LINKED SITE. IN NO EVENTWILL THE CUMULATIVE LIABILITY OF CANADAHELPS, ITS SERVICE PROVIDERS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS, AND AGENTS ARISING OUT OF OR RELATED TO THIS POLICY EXCEED CDN $100. TO THE EXTENT THAT SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OR LIMITATIONS ON SOME CATEGORIES OF DAMAGES, THESE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. 01 h"q-1/www nanadshPlnc nrvhPn/tPrmc-nf--vvu–/ 1 A10A IIn1 0 Terms of Use J CanadaHelps - Donate to any charity in Canada Page 6 of 7 Scope of Limitations and Disclaimers. THE DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY SET OUT IN THESE TERMS OF USE SHALL APPLY REGARDLESS OF THE CAUSES, CIRCUMSTANCES OR FORM OF ACTION GIVING RISE TO THE LOSS, DAMAGE, CLAIM OR LIABILITY, EVEN IF SUCH LOSS, DAMAGE, CLAIM OR LIABILITY IS BASED UPON BREACH OF CONTRACT (INCLUDING, WITHOUT LIMITATION, A CLAIM OF FUNDAMENTAL BREACH OR BREACH OFA FUNDAMENTAL TERM), TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND EVEN IF CANADAHELPS, ITS SERVICE PROVIDERS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS, AND AGENTS ARE ADVISED OF THE POSSIBILITY OF THE LOSS, DAMAGE, CLAIM OR LIABILITY. Indemnity. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS CANADAHELPS AND ITS SERVICE PROVIDERS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS, AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, DEMANDS, LOSSES OR EXPENSES (INCLUDING ALL LEGAL FEES) BROUGHT BY YOU OR ANY THIRD PARTY ARISING OUT OF YOUR USE OF THIS SITE IN BREACH OF THIS OR ANY OF CANADAHELPS POLICIES OR THE INFRINGEMENT BY YOU OF ANY INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON OR ENTITY. 8. SEVERABILITY If in any jurisdiction any part of these Terms of Use is held, by a court of competent jurisdiction, to be invalid or unenforceable, such part of these Terms of Use shall be restricted or eliminated to the minimum extent necessary with respect to that jurisdiction, and the remaining Terms of Use shall otherwise remain in full force and effect. If such invalid or unenforceable provision may be modified to become valid and enforceable, such provision will be deemed to be modified so as to be valid and enforceable to the greatest extent allowed by law. 9. GENERAL These Terms of Use, together with the CanadaHelps Client Services Agreement (https://www.canadahelps.org/en/canadahelps-client-agreement/), the CanadaHelps Privacy Policy (https://www.canadahelps.org/en/privacy-policy/) and all other notices, policies and disclaimers contained on the Website (as the same may be amended by CanadaHelps from time to time) constitute the entire agreement between CanadaHelps and you in relation to the subject thereof. These Terms of Use, together with the CanadaHelps 01.1 httnq-flwww ranaclaheInc nra/Pn/tPrmc-nf n;P 16/04/�O 1 Q Terms of Use I CanadaHelps - Donate to any charity in Canada Page 7 of 7 Client Services Agreement and the CanadaHelps Privacy Policy (https://www.canadahelps.org/en/privacy-policy/) supersede anything in the Website inconsistent with them. No delay or failure to exercise any right or any non-compliance by you, the user, with respect to the terms of these Terms of Use shall be construed as a waiver by CanadaHelps. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition. 10. JURISDICTION The laws of the Province of Ontario and any applicable federal laws of Canada shall govern your use of the Website. The courts of the Province of Ontario shall have exclusive jurisdiction over any dispute arising out of your use of this Website. MA httn-vii rianr rannAnhPlnc nrcr1Pn/tPrmc_nf_im-1 1 AfM11M a Privacy Policy '� CanadaHelps - Donate to any charity in Canada Page 1 of 16 I � Iar°i1a, ,(https://www.canadahelps.org/en/) „ e11S III'"' „„rod Illu 94hnq inade 3I1cm 1ple CANADAHELPS PRIVACY POLICY (Last updated: July 31, 2018) CanadaHelps respects your privacy and is committed to protecting your personal information. This privacy policy will inform you as to how we look after your personal information when you visit our website at Canadahelps.org (the "Website"), regardless of where you visit it from, and tell you about your privacy rights and how the law protects you. By submitting personal information to CanadaHelps or its service providers and agents (collectively referred to as CanadaHelps, "we", "us" or "our" in this Privacy Policy), you agree that we may collect, use and disclose such personal information in accordance with this Privacy Policy and as permitted or required by law. Subject to legal and contractual requirements, you may refuse or withdraw your consent to certain of the identified purposes at any time by contacting our privacy manager. If you refuse or withdraw your consent, we may not be able to provide you or continue to provide you with certain services or information which may be of value to you. This Privacy Policy is provided in a layered format so you can click through to the specific areas set out below. 1. WHO WE ARE 2. WHAT PERSONAL INFORMATION DO WE COLLECT ABOUT YOU? 3. HOW IS YOUR PERSONAL INFORMATION COLLECTED? 4. WHY DO WE COLLECT AND USE YOUR PERSONAL INFORMATION 5. TO WHOM DO WE DISCLOSE YOUR PERSONAL INFORMATION 6. INTERNATIONAL TRANSFERS 7. HOW DO WE PROTECT THE CONFIDENTIALITY AND SECURITY OF YOUR PERSONAL INFORMATION 8. HOW LONG WILL WE RETAIN YOUR PERSONAL INFORMATION? 9. YOUR LEGAL RIGHTS 10. CONTACTING US httne•/hsninu r-anariahPlnc 1 4?nA P 11110 Privacy Policy � CanadaHelps - Donate to any charity in Canada Page 2 of 16 1. WHO WE ARE AND WHAT WE DO CanadaHelps is a registered Canadian charity. We also provide a variety of services to facilitate the fundraising efforts of other registered charities in Canada. CanadaHelps collects and processes personal information through the following areas of operations: • Our website for donors offers a user-friendly way for individuals to donate or fundraise for their favourite Canadian charities. CanadaHelps collects and processes the donor's personal information submitted through the Website. At the donor's express request, CanadaHelps may also disclose personal information about its individual donors to the charities they support. • Our tools and services for registered Canadian charities are made available to charity representatives to use to collect donations and launch fundraising events online for the benefit of the charity they represent. • Our services for partners are designed to promote and enable giving to registered Canadian charities. For example, some of our services enable corporate, employee or public giving programs. All donations made through our tools and services (whether through our website for donors, our tools and services for registered Canadian charities, or our services provided to our partners) are made directly to CanadaHelps (who issues donors their tax receipts). CanadaHelps transfers the donated amount (minus its non-commercial service fee) to the registered charity selected by the donor (unless, of course, your donation is intended by you to be to CanadaHelps alone, in which case your donation in support of our activities is gratefully received and retained by CanadaHelps in its entirety). The registered charities that use CanadaHelps' tools may require you to provide personal information directly to them in addition to the personal information that you provide to CanadaHelps. Charities using our tools and services for charities, and partners using our services, are required to agree to this Privacy Policy in its entirety. In addition, we have terms in place with each of our partners to ensure transparency to individuals using their services in regards to the role of CanadaHelps and any associated fees. When you submit your personal information to other charities, you should be sure to read their privacy policies. 2. WHAT PERSONAL INFORMATION DO WE COLLECT ABOUT YOU? r�1 hrr„e•/h:,,,,,:, t AAAA ilmi n Privacy Policy I CanadaHelps - Donate to any charity in Canada Page 3 of 16 Personal information means any information about an individual from which that person can be identified. It does not include personal information where all references to the identity of the relevant individual have been removed (anonymous personal information). We may collect, use, store and transfer different kinds of personal information about you which we have grouped together as follows: • Identity Personal information includes: username or similar identifier, - first name, last name, title, company you work for, and in the case of individuals representing charities using our service, your job title, role and/or level of experience. • Contact Personal information includes address, email address and telephone numbers. • Financial Personal information includes bank account, credit card details and securities related information in the event you donate securities or mutual funds to CanadaHelps (including your mutual fund or security name, number of units, investment firm, account number, financial advisor name, email, phone number.) • Transaction Personal information includes details about payments to you (refunds) and from you (donations) and purchase of products (including a Charity gift card). • Technical Personal information includes internet protocol (iP) address, your login personal information, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this website. • Profile Personal information includes your username and password, donations made by you, your interests, preferences, surveys, and feedback. • Usage Personal information includes information about how you use our website and our Services. • Marketing and Communications Personal information includes your preferences in receiving marketing from us and our third parties and your communication preferences. We also collect, use and share Aggregated Personal information such as statistical or demographic information for any purpose. Aggregated Personal information could be derived from your personal information but is not considered personal information in law as this information will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Personal information to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Personal information with your personal information so that it can directly or indirectly identify you, we treat the combined information as personal information which will be used in accordance with this Privacy Policy. E:ii] *4nn•//��r�irnr nnnnr�n{�n�r�o nrrr nn/nri�rnn�r nnlin�rd IA1AA MA 10 Privacy Policy � CanadaHelps - Donate to any charity in Canada Page 4 of 16 We do not collect any Special Categories of Personal information about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric information). Nor do we collect any information about criminal convictions and offences. If you provide CanadaHelps with personal information of another individual, you represent that you have obtained all necessary consents from such person to enable us to collect, use and disclose such personal information for the purposes set forth in this Privacy Policy. This website is not intended for children under the age of 18 and we do not knowingly collect personal information relating to children. 3. HOW IS YOUR PERSONAL INFORMATION COLLECTED? We use different methods to collect personal information from and about you including through: a. Direct interactions. You may give us your Identity, Contact, Transaction and Financial Personal information by filling informs or by corresponding with us by post, phone, email or otherwise. This includes personal information you provide when you: i. Sign-up for an account and update your account; ii. Make a donation (including one-time gifts, recurring gifts, gifts of securities, and donations made to purchase a charity gift card) and receive a tax receipt, if applicable; iii. Subscribe to our educational services or publications or to contact us or provide feedback; iv. Request marketing to be sent to you; or v. Give us feedback or contact us. b. Automated technologies or interactions. As you interact with our website, we will automatically collect Technical Personal information about your equipment, browsing actions and patterns. We collect this personal information by using cookies, pixels, server logs and other similar technologies. We may also receive Technical Personal information about you if you visit other websites employing our cookies. c. Third parties or publicly available sources. We will receive personal information about you from various third parties as set out below: L Technical Personal information from: A. analytics providers such as Google Analytics; E:1iI Hffv%"- till PAX a11u nrn1nn1"*4T0nnXT 14lAAi')nIn Privacy Policy 1! CanadaHelps - Donate to any charity in Canada Page 5 of 16 B. digital marketing service platforms such as MailChimp, Sprout Social and Hootsuite; C. advertising networks such as Google Adwords, DoubleClick, Facebook and Twitter. We use unique tracking codes in our emails and pixels on our website to allow us to share your technical information with such providers to track use of our site (including the performance of our ads) and to retarget ads. ii. Contact, Financial and Transaction Personal information from providers of technical, payment processing and delivery services. Securities or mutual fund donations are processed by our broker. 4. WHY DO WE COLLECT AND USE YOUR PERSONAL INFORMATION? We will only use your personal information when the law allows us to. Most commonly, we will use your personal information in the following circumstances: • Where you consent to such collection and use, such as by consenting to this Privacy Policy. • Where needed to perform the service you are requesting. • Where we need to comply with a legal obligation. Note that we may process your Personal information for more than one lawful basis depending on the specific purpose for which we are using your personal information. Please contact us if you need details about the specific legal ground we are relying onto process your Personal information where more than one ground has been set out in the table below. We have set out below, in a table format, a description of all the ways we plan to use your personal information, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate. Table: Purposes for which we will use your personal information E:3j httrlc• /xxruruv rnnwinhAnc nro/Pn�nrixoarv-nnlirv� 144)A i,)ni a Lawful basis for Who do we share you Type of personal processing including personal information Purpose/Activity information basis of legitimate with for these interest purposes E:3j httrlc• /xxruruv rnnwinhAnc nro/Pn�nrixoarv-nnlirv� 144)A i,)ni a Privacy Policy [ CanadaHelps - Donate to any charity in Canada Page 6 o€16 To make a (a) Identity (a) Performance of (a) We share your donation, including a contract with you Financial personal (b) Contact one-time and (e.g. facilitating information only monthly monetary (c) Financial your donation with our third party donations, and according to your payment processor (d) Transaction donations of directive). or broker, securities and depending upon (b) Necessary for mutual funds and the type of our legitimate receive a charitable donation. interests (to tax receipt, if recover sums due (b) We share this applicable. to us). information, except Financial personal information, with the Charities you have selected to benefit from your donation unless you were provided the option to remain anonymous to the charity and you selected that option when making the donation. (c) If you make a donation through a page created by a Team or Individual to fundraise for charity, we share your name and email with page owner so they can thank you for your contribution; we E:ic3 httnc•//wwru rnnnrinhAm nralPnl'nri«arcf_nnlic-,tp/ i r%ina, )ni Q Privacy Policy I CanadaHelps - Donate to any charity in Canada Page 7 of 16 only share your name, donation amount and/or message to the fundraiser publicly on the page if you provide us explicit consent to do so. (d) If your donation is a Charity Gift Card or if you chose to send an eCard to announce a donation made in memory or honour of someone, we E:i! httnc•//www ranminhPlnc nrv1Pn1nrivarv_nnlirv1 I AMAIN) Q share your name and email with the recipient so they can thank you for the gift. 7o sign-up for an (a) Identity (a) Performance of (a) We do not share account and a contract with your personal (b) Contact update your you. information for this account. purpose unless you provide your Financial personal information, in which case we only share this information with our third party payment processor. E:i! httnc•//www ranminhPlnc nrv1Pn1nrivarv_nnlirv1 I AMAIN) Q Privacy Policy [ CanadaHelps - Donate to any charity in Canada Page 8 of 16 To enable (a) Identity (a) Performance of (a) We share your automatic or fast a contract with Financial personal (b) Contact donation you. information with processing for (c) Financial our third party @)Necessary for future one-time payment (d) Transaction our legitimate and/or or recurring processor. interests (to donations. recover sums due (b) We share this to us), information, except Financial personal information, with the Charities you have selected to benefit from your donation. To subscribe to our (a) Identity (a) Performance of (a) We do not share educational a contract with your personal (b) Contact services or you. information for this publications; to (c) Profile purpose. (b) Necessary for contact us or our legitimate provide us interests (for feedback; to marketing participate in a purposes). survey. E:16'7 httnc-/huww rnnarinhAm nra1Pn1nr1Vnoxr_nn1imd 1 64WIM A Privacy Policy I CanadaHelps - Donate to any charity in Canada To improve the performance of our marketing programs, and to deliver relevant content and advertisements to serve you better and grow charitable giving in Canada. (a) Identity (b) Contact (c) Profile (d) Usage (e) Marketing and Communications (f) Technical (a) Where your personal information is completely anonymised, we do not require a legal basis to use it as the information will no longer constitute personal information that is regulated under privacy protection laws. (b) Necessary for our legitimate interests (to ensure that we provide the very best Services to you and our Clients) where your personal information is not in an anonymous form. E:11.1 Page 9 of 16 We share your personal information with a variety of third party analytics and digital marketing service providers to assist us with these activities such as Google Analytics, SproutSocial, Google Adwords, MailChimp, and Facebook. httn, 1A;uxx xr rnnnAnhAnc nrvlpn/nrivarv-nnlirv/ t (, f1dA7f11 Q Privacy Policy I CanadaHelps - Donate to any charity in Canada Page 10 of 16 To administer and (a) Identity (a) Necessary for (a) We do not share protect our our legitimate your personal (b) Contact business and this interests (for information for this website (including (c) Technical running our purpose. troubleshooting, business, provision data analysis, of administration testing, system and IT services, maintenance, network security, support, reporting to prevent fraud and hosting of and in the context data). of a business reorganisation or group restructuring exercise). (b) Necessary to comply with a legal obligation. a. Marketing We strive to provide you with choices regarding certain personal information uses, particularly around marketing and advertising. We may use your Identity, Contact, Technical, Usage and Profile Personal information to form a view on what we think you maywant or need, or what may be of interest to you. This is how we decide which Services may be relevant for you. Where Canada';Antispam Legislation (CASE) applies to CanadaHelps' communications with users, donors or volunteers, CanadaHelps is committed to complying with CASL and, in particular, the provisions setting out the requirements for sending commercial electronic messages. You will receive marketing communications from us if you have requested information from us or made a donation to us and you have not opted out of receiving that marketing. We will get your express opt -in consent before we share your personal information with any third party for marketing purposes. E:Fl h"R-flwwAv rannrinhAnc nrcrh-n/nrivarv_nnliev/ lAIM /I()10 Privacy Policy I CanadaHelps - Donate to any charity in Canada Page 11 of 16 You can ask us to stop sending you marketing messages at any time by following the opt -out links on any marketing message sent to you or by contacting us at any time. If you are receiving marketing messages from another charity to which you made a donation through our Website and you no longer wish to receive such messages, then you should contact that charity to make this request. Where you opt out of receiving these marketing messages, we may continue to use your personal information in order to provide you with the services you have requested from us. Where our use of your personal information requires your consent, you can provide such consent: at the time we collect your personal information following the instructions provided; or by informing us by e-mail, post or phone using the contact details set out in this Privacy Policy; or by registration through our website b. Cookies You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly. c. Change of Purpose We will only use your personal information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us. If we need to use your personal information for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so. Please note that we may process your personal information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law. 5. TO WHOM DO WE DISCLOSE YOUR PERSONAL INFORMATION? E:f:1 httns: /www.canadahelns,orprienInrivarv-nnlirv/ 161(}417!119 Privacy Policy I CanadaHelps - Donate to any charity in Canada Page 12 of 16 We may share your personal information with the parties set out above for the purposes set out in the table Purposes for which we will use your personal information in this Privacy Policy. We require all third parties to respect the security of your personal information and to treat it in accordance with the law. We do not allow our third -party service providers to use your personal information for their own purposes and only permit them to process your personal information for specified purposes and in accordance with our instructions. 6.1 NTE RNATIONAL TRANSFERS By providing us with Personal information, you acknowledge and agree that your Personal information may be processed in other countries, including the United States, where laws regarding processing of Personal information may be less stringent than the laws in your country. Where necessary to make such transfers, we will comply with our legal and regulatory obligations in relation to the Personal information. This will include putting appropriate contractual safeguards in place to ensure an adequate level of protection for the Personal information. Please contact us if you want further information on the specific mechanism used by us when transferring your Personal information out of Canada. 7. HOW DO WE PROTECTTHE CONFIDENTIALITY AND SECURITY OF YOUR PERSONAL INFORMATION? We are committed to keeping the personal information provided to us secure and we will take reasonable precautions to protect personal information from loss, misuse or alteration. We have implemented information security policies, rules and technical measures that are intended to protect the personal information that we have under our control from: • unauthorised access; • improper use or disclosure; • unauthorised modification; and • unlawful destruction or accidental loss. All of our members, employees, workers and personal information processors (i.e. those who process your personal information on our behalf, for the purposes listed above), who have access to, and are associated with, the processing of personal information, are obliged to respect the confidentiality of the personal information of all visitors to the Site and all users of our Services. E-lue httn,z-//www rnnarlahelm nrcr/en1nrivnrv_nnlirv/ 1 A10A0010 Privacy Policy I CanadaHelps - Donate to any charity in Canada Page 13 of lb We have put in place procedures to deal with any suspected personal information breach and will notify you and any applicable regulator of a breach where we are legally required to do so. 8. HOW LONG WILL WE RETAIN YOUR PERSONAL INFORMATION? We will only retain your Personal information for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your Personal information for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you. In some circumstances you can ask us to delete your personal information: see your legal rights Section below for further information. In some circumstances we will anonymise your Personal information (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you. 9. YOUR LEGAL RIGHTS The vast majority of our donors and website users are Canadians and so our privacy policy has been drafted to help ensure compliance with applicable Canadian law. However, we have noted that (although we do not target our services to EU data subjects) some of our individual donors are from outside of Canada, including from the European Economic Area ("EEA"). For the benefit of such users, we also endeavor to provide adequate protection for the personal data of EU data subjects in accordance with applicable EU data protection laws and regulations, including the EU GDPR. Subject to certain exemptions, you have the following rights in relation to the Personal) information we hold about you: a. Your right of access If you ask us, we'll confirm whether we're processing your Personal information and, subject to any applicable exemptions, provide you with a copy of that Personal information within the timescales provided for by law. We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated. If you require additional copies, we may need to charge a reasonable fee. 0I91 httns•/,rwww ennadahelns nruhP1n/nrivarv-nnlirv1 16/040019 Privacy Policy I CanadaHelps - Donate to any charity in Canada Page 14 of 16 b. Your right to rectification If the Personal information we hold about you is inaccurate or incomplete, you're entitled to have it rectified. If you are entitled to rectification and if we've shared your Personal information with others, we'll let them know about the rectification where possible and where this would not involve disproportionate effort. If you ask us, where possible and lawful to do so, we'll also tell you who we've shared your Personal information with so that you can contact them directly. c. Your right to erasure You can ask us to delete or remove your Personal information in some circumstances such as where we no longer need it or if you withdraw your consent (where applicable because that was the legal basis on which we were processing your Personal information). If you are entitled to erasure and if we've shared your Personal information with others, we'll take reasonable steps to inform those others where possible and where this would not involve disproportionate effort. If you ask us, where it is possible and lawful for us to do so, we'll also tell you who we've shared your Personal information with so that you can contact them directly. d. Your right to restrict processing You can ask us to "block" or suppress the processing of your Personal information in certain circumstances such as where you contest the accuracy of that Personal information or you object to us. If you are entitled to restriction and if we've shared your Personal information with others, we'll let them know about the restriction where it is possible for us to do so. If you ask us, where it is possible and lawful for us to do so, we'll also tell you who we've shared your Personal information with so that you can contact them directly. e. Your right to personal information portability You have the right, in certain circumstances, to obtain Personal information you've provided us with (in a structured, commonly used and machine readable format) and to reuse it elsewhere or to ask us to transfer this to a third party of your choice. f. Your right to object You can ask us to stop processing your Personal information, and we will do so, if we are: 91 httns•//www canadaheln-, nrPr/en/nrivarv-nnlirv/ 1 AMAIN) 10 Privacy Policy I CanadaHelps - Donate to any charity in Canada Page 15 of 16 relying on our own or someone else's legitimate interests to process your Personal information, except if we can demonstrate compelling legal grounds for the processing; or processing your Personal information for direct marketing. g. Your rights in relation to automated decision-making and profiling You have the right not to be subject to a decision when it's based on automatic processing, including profiling, if it produces a legal effect or similarly significantly affects you, unless such profiling is necessary for entering into, or the performance of, a contract between you and us. h. Your right to withdraw consent If we rely on your consent (or explicit consent) as our legal basis for processing your Personal information, you have the right to withdraw that consent at any time. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent. i. Your right to lodge a complaint with the supervisory authority If you have a concern about any aspect of CanadaHelps' privacy practices, including the way we've handled your Personal information, you can report it to the relevant supervisory authority. 14. CONTACTING US For the benefit of EU data subjects, CanadaHelps CanaDon is the "data controller" and is responsible for your personal information. We have appointed a privacy manager who is responsible for overseeing questions in relation to this Privacy Policy. If you have any questions about this Privacy Policy, including any requests to exercise your legal rights, please contact our privacy manager using the details set out below. If you have any questions about this Privacy Policy or our privacy practices, please contact our privacy manager in the following ways: ON httns://www.canadahelns,org/eninrivaev-nolicvi 1610412019 Privacy Policy I CanadaHelps - Donate to any charity in Canada Page 16 of 16 CanadaHelps CanaDon (Att. Chief Privacy Officer) 186 Spadina Avenue Units 1-5 Toronto, ON M5T 3132 info@canadahelps.org Telephone number: 1-877-755-1595 You have the right to make a complaint at any time to the relevant supervisory authority for personal information protection issues. In Canada, you can contact the Office of the Privacy Commissioner of Canada ('OPC"°), see: https://www.priv.gc.ca/en/contact-the-opc/ (https://www.priv.gc.ca/en/contact-the-opc/). EU data subjects can contact their relevant data protection supervisory authority. We would, however, appreciate the chance to deal with your concerns before you approach the supervisory authority so please contact us in the first instance. Links to Other Websites This website may include links to third -party websites, plug -ins, and applications. Clicking on those links or enabling those connections may allow third parties to collect or share personal information about you. We do not control these third -party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the Privacy Policy of every website you visit. Changes CanadaHelps reserves the right to modify or supplement this Privacy Policy at any time. If any changes are made to this Privacy Policy, a copy of the Privacy Policy as amended will be posted on our Website as soon as practicable following that update. Your continued use of the Website following such posting wil I signify your consent to its revised terms. 019] httnP,-0www ranariahPlm nra/Pn/nrivarv_nnlirv1 iF►m40i)19 Report Date: 2019-04-15 n expiration date (90 days from date scan 2019-06-28 ipleted): n report type: Full Scan 2 0 J because 0 (either by itself or combined with multiple, partial, 3, "Scan Status") includes all components which out of scope for this scan is properly segmented mitted to the ASV to resolve scan exceptions - complete. CanadaHelps CanaDon also 'nal scan is my responsibility, and 2) this scan compliant with the external vulnerability scan my overall compliance status with PCI DSS or .airements. nted Name Trustwave Holdings, Inc. Trustwave Support Job Title: 1-800-363-1621 E-mail: support@trustwave.com 70 West Madison St., Ste 1050 Chicago State/Province: IL 60602 Country: US www.trustwave.com This scan and report was prepared and conducted by Trustwave under certificate number 3702-01-12 (2017), 3702-01-11 (2016), 3702-01-10 (2015), 3702-01-09 (2014), 3702-01-08 (2013), 3702-01-07 (2012), 3702-01- 06 (2011), 3702-01-05 (2010), according to internal processes that meet PCI DSS Requirement 11.2.2 and the ASV Program Guide. Trustwave attests that the PCI DSS scan process was followed, including a manual or automated Quality Assurance process with customer boarding and scoping practices, review of results for anomalies, and review and correction of 1) disputed or incomplete results, 2) false positives, 3) compensating controls (if applicable), and 4) active scan interference. This report and any exceptions were reviewed by the Trustwave Quality Assurance Process. on that is privileged, confidential or otherwise protected from disclosure. Copyright O 2019 Trustwave Holdings, Inc., All rights reserved. 'nformation herein is prohibited without prior permissiQ4 f Trustwave and Page 1 of 12 Company: Title: Contact Name: III: mikes@canadahelps.org Telephone: Floor Business Address e/Province: Ontario City: Ary: CA ZIP/Postal Code: Website / URL: n expiration date (90 days from date scan 2019-06-28 ipleted): n report type: Full Scan 2 0 J because 0 (either by itself or combined with multiple, partial, 3, "Scan Status") includes all components which out of scope for this scan is properly segmented mitted to the ASV to resolve scan exceptions - complete. CanadaHelps CanaDon also 'nal scan is my responsibility, and 2) this scan compliant with the external vulnerability scan my overall compliance status with PCI DSS or .airements. nted Name Trustwave Holdings, Inc. Trustwave Support Job Title: 1-800-363-1621 E-mail: support@trustwave.com 70 West Madison St., Ste 1050 Chicago State/Province: IL 60602 Country: US www.trustwave.com This scan and report was prepared and conducted by Trustwave under certificate number 3702-01-12 (2017), 3702-01-11 (2016), 3702-01-10 (2015), 3702-01-09 (2014), 3702-01-08 (2013), 3702-01-07 (2012), 3702-01- 06 (2011), 3702-01-05 (2010), according to internal processes that meet PCI DSS Requirement 11.2.2 and the ASV Program Guide. Trustwave attests that the PCI DSS scan process was followed, including a manual or automated Quality Assurance process with customer boarding and scoping practices, review of results for anomalies, and review and correction of 1) disputed or incomplete results, 2) false positives, 3) compensating controls (if applicable), and 4) active scan interference. This report and any exceptions were reviewed by the Trustwave Quality Assurance Process. on that is privileged, confidential or otherwise protected from disclosure. Copyright O 2019 Trustwave Holdings, Inc., All rights reserved. 'nformation herein is prohibited without prior permissiQ4 f Trustwave and Page 1 of 12 Report Date: 2019-04-15 ompliance unary cation Compliance Summary ties Noted for Each Component tes by Component tes - Full Text mitted by Scan Customer for Discovery )mer Designated "In -Scope" Components (Scanned) )mer Designated "Out -of -Scope" Components (Not Scanned) ierability Details cation y Details 161 (token.canadahelps.org) x.99 (www.canadahelps.org) on that is privileged, confidential or otherwise protected from disclosure. 'nformation herein is prohibited without prior permissifff Trustwave and 1 4 4 4 4 5 5 5 6 6 7 7 7 7 11 Copyright O 2019 Trustwave Holdings, Inc., All rights reserved. Page 2 of 12 Report Date: 2019-04-15 on that is privileged, confidential or otherwise protected from disclosure. Copyright O 2019 Trustwave Holdings, Inc., All rights reserved. 'nformation herein is prohibited without prior permissimof Trustwave and Page 3 of 12 Report Date: 2019-04-15 CanadaHelps CanaDon • • ® Trustwave Holdings, Inc. 2019-03-28 • • 2019-06-26 ..................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... 52.233.56.161 - token. ca nada helps.org (token.canadahelps.org) Flans 172.86.186.99 - www.canadahelps.org (www.canadahelps.org) F ass 4pplications Info 0.00 Flans Note to scan customer: This vulnerability is not recognized in the National Vulnerability Database. Hostnames Info 0.00 lass 5SL/TLS Cipher II Info II 0.00 II lass Drward Secrecy II Info ficate Information II Info M M Note to scan customer: This vulnerability is not recognized in the National Vulnerability Database. on that is privileged, confidential or otherwise protected from disclosure. Copyright O 2019 Trustwave Holdings, Inc., All rights reserved. 'nformation herein is prohibited without prior permissbyf Trustwave and Page 4 of 12 Report Date: 2019-04-15 ie above Component: 4pplications ie above Component: Info 0.00 ilass Note to scan customer: This vulnerability is not recognized in the National Vulnerability Database. on that is privileged, confidential or otherwise protected from disclosure. 'nformation herein is prohibited without prior permissbyf Trustwave and Copyright O 2019 Trustwave Holdings, Inc., All rights reserved. Page 5 of 12 Report Date: 2019-04-15 on that is privileged, confidential or otherwise protected from disclosure. Copyright O 2019 Trustwave Holdings, Inc., All rights reserved. 'nformation herein is prohibited without prior permissbyf Trustwave and Page 6 of 12 Report Date: 2019-04-15 CanadaHelps CanaDon 2019-03-28 Trustwave Holdings, Inc. ....................................................................................................... 2019-06-26 his scan. Please review all items and address all that items that affect compliance or the security of your system. g information about each TrustKeeper finding. s and Exposure number(s) for the detected vulnerability - an industry standard for cataloging vulnerabilities. A comprehensive ir cve.mitre.org. the finding, which usually includes the name of the application or operating system that is vulnerable. coring System is an open framework for communicating the characteristics and impacts of IT vulnerabilities. Further /cvss or nvd.nist.gov/cvss.cfm. Inerability. It is closely associated with the CVSS score. compliance violations are indicated with a Fail status. In order to pass a vulnerability scan, these findings must be addressed. ore, or a Severity of Medium or higher, will have a Fail status. Some exceptions exist, such as DoS vulnerabilities, which are which the vulnerability is detected, details about the vulnerability, links to available patches and other specific guidance on erability. ction and the scoring methodology used, please refer to the appendix. on that is privileged, confidential or otherwise protected from disclosure. 'nformation herein is prohibited without prior permislbdf Trustwave and Copyright O 2019 Trustwave Holdings, Inc., All rights reserved. Page 7 of 12 Report Date: 2019-04-15 key exchange phase. Using this algorithm enforces Forward Secrecy for secure communications with the server. CVSSv2: AV: N/AC: L/Au: N/C: N/I: N/A: N Service: http Application: nginx:nginx Evidence: Cipher Suite: TLSv1_2 : DHE-RSA-AES256-GCM-SHA384 Cipher Suite: TLSv1_2 : DHE-RSA-AES256-SHA256 Cipher Suite: TLSv1_2 : DHE-RSA-AES256-SHA Cipher Suite: TLSv1_2 : DHE-RSA-AES128-GCM-SHA256 Remediation: No remediation is necessary. Port................tc..........4,4,3 ed SSL/TLS Cipher 0.00 Info I li.�Z p/ on that is privileged, confidential or otherwise protected from disclosure. 'nformation herein is prohibited without prior permislb T Trustwave and The finding reports the SSL cipher suites for each SSL/TLS service version provided by the remote service. This finding does not represent a vulnerability, but is only meant to provide visibility into the behavior and configuration of the remote SSL/TLS service. The information provided as part of this finding includes the SSL version (ex: TLSv1) as well as the name of the cipher suite (ex: RC4- SHA). A cipher suite is a set of cryptographic algorithms that provide authentication, encryption, and message authentication code (MAC) as part of an SSL/TLS negotiation and through the lifetime of the SSL session. It is typical that an SSL service would support multiple cipher suites. A cipher suite can be supported by across multiple SSL/TLS Copyright O 2019 Trustwave Holdings, Inc., All rights reserved. Page 8 of 12 Report Date: 2019-04-15 versions, so you should be of no concern to see the same cipher name reported for multiple CVSSv2: AV: N/AC: L/Au: N/C: N/I: N/A: N Service: http Application: nginx:nginx Reference: http://www.openssi.org/docs/apps/ciphers.htmI Evidence: Cipher Suite: TLSv1_2 Cipher Suite: TLSv1_2 Cipher Suite: TLSv1_2 Cipher Suite: TLSv1_2 Cipher Suite: TLSv1_2 Cipher Suite: TLSv1_2 Cipher Suite: TLSv1_2 Cipher Suite: TLSv1_2 Cipher Suite: TLSv1_2 Cipher Suite: TLSv1_2 ECDHE-RSA-AES256-GCM-SHA384 ECDHE-RSA-AES256-SHA384 ECDHE-RSA-AES256-SHA DHE-RSA-AES256-GCM-SHA384 DHE-RSA-AES256-SHA256 DHE-RSA-AES256-SHA AES256-GCM-SHA384 ECDHE-RSA-AES128-GCM-SHA256 DHE-RSA-AES128-GCM-SHA256 AES128-GCM-SHA256 Remediation: No remediation is necessary. m....................................................................................................m..........................................................................Po rt...,,..,,..,..,,tc..,,......4,4,3 ertificate III 0.00 Info li���s I p/ on that is privileged, confidential or otherwise protected from disclosure. 'nformation herein is prohibited without prior permisloMf Trustwave and Information extracted from a certificate discovered on a TLS or SSL wrapped service. Copyright O 2019 Trustwave Holdings, Inc., All rights reserved. Page 9 of 12 Report Date: 2019-04-15 CVSSv2: AV: N/AC: L/Au: N/C: N/I: N/A: N Service: http Application: nginx:nginx Evidence: Verified: true Today: 2019-03-28 19:29:04 -0500 Start date: 2018-04-09 00:00:00 UTC End date: 2020-04-08 23:59:59 UTC Expired: false Fingerprint: 97: E1: D0:46:01:10:01:8C:6C:45: BC:92:5A: DF:8F:49 Subject: /OU=Domain Control Validated/OU=EssentialSSL/CN=token.canadahelps.org Common name: token.canadahelps.org Issuer: /C=GB/ST=Greater Manchester/L=Salford/O=COMODO CA Limited/CN=COMODO RSA Domain Validation Secure Server CA Signature Algorithm: sha256WithRSAEncryption Version: 2 ............................................................................................Port................tc..........4.4.3 ed Applications 0.00 Info I li.�� p/ The following applications have been enumerated on this device. CVSSv2: AV: N/AC: L/Au: N/C: N/I: N/A: N Service: http Application: nginx:nginx Evidence: on that is privileged, confidential or otherwise protected from disclosure. 'nformation herein is prohibited without prior permisloMf Trustwave and Copyright O 2019 Trustwave Holdings, Inc., All rights reserved. Page 10 of 12 Report Date: 2019-04-15 CPE: nginx:nginx URI: / Version: 1.15.8 Remediation: No remediation is required. ed Hostnames 0.00 Info ilass This list contains all hostnames discovered during the scan that are believed to belong to this host. CVSSv2: AV: N/AC: L/Au: N/C: N/I: N/A: N Evidence: Hostname: token.canadahelps.org, Source: SSL Certificate Subject Common Name Hostname: token.canadahelps.org, Source: SSL Certificate Subject subjectAltName DNS Hostname: www.token.canadahelps.org, Source: SSL Certificate Subject subjectAltName DNS Remediation: No action is required. on that is privileged, confidential or otherwise protected from disclosure. 'nformation herein is prohibited without prior permisloMf Trustwave and Copyright O 2019 Trustwave Holdings, Inc., All rights reserved. Page 11 of 12 Report Date: 2019-04-15 The following applications have been enumerated on this device. CVSSv2: AV: N/AC: L/Au: N/C: N/I: N/A: N Service: http Application: nginx:nginx Evidence: CPE: nginx:nginx URI: / Version: 1.15.8 Remediation: No remediation is required. on that is privileged, confidential or otherwise protected from disclosure. Copyright O 2019 Trustwave Holdings, Inc., All rights reserved. 'nformation herein is prohibited without prior permisloMf Trustwave and Page 12 of 12 ASV Feedback Form This form is used to review ASVs and their work product, and is intended to be completed after a PCI Scanning Service by the ASV client. While the primary audience of this form are ASV scanning clients (merchants or service providers), there are several questions at the end, under "ASV Feedback Form for Payment Brands and Others," to be completed as needed by Payment Brand participants, banks, and other relevant parties. This form can be obtained directly from the ASV during the PCI Scanning Service, or can be found online in a usable format at https://www.pcisecuritystandards.org. Please send this completed form to PCI SSC at: asv@pcisecuritystandards.org. ASV FEEDBACK FORM Client Name (merchant or service provider): Approved Scanning Vendor Company (ASV): Name Name Contact Contact Telephone Telephone E -Mail E -Mail Business location where assessment took place: ASV employee who performed assessment: Street Name City Telephone State/Zip E -Mail For each question, please indicate the response that best reflects your experience and provide comments. 4 = Strongly Agree 3 = Agree 2 = Disagree 1 = Strongly Disagree 1) During the initial engagement, did the ASV explain the objectives, timing, and review process, and address your questions and concerns? Response: Comments: Page 1 of 5 `191-1 2) Did the ASV employee(s) understand your business and technical environment, and the payment card industry? Response: Comments: 3) Did the ASV employee(s) have sufficient security and technical skills to effectively perform this PCI Scanning Service? Response: Comments: 4) Did the ASV sufficiently understand the PCI Data Security Standard and the PCI Security Scanning Procedures? Response: Comments: 5) Did the ASV effectively minimize interruptions to operations and schedules? Response: Comments: 6) Did the ASV provide an accurate estimate for time and resources needed? Response: Comments: 7) Did the ASV provide an accurate estimate for scan report delivery? Response: Comments: ASV Feedback Form ` YA Page 2 of 5 8) Did the ASV attempt to market products or services for your company to attain PCI compliance? Response: Comments: 9) Did the ASV imply that use of a specific brand of commercial product or service was necessary to achieve compliance? Response: Comments: 10) In situations where remediation was required, did the ASV present product and/or solution options that were not exclusive to their own product set? Response: Comments: 11) Did the ASV use secure transmission to send any confidential reports or data? Response: Comments: 12) Did the ASV demonstrate courtesy, professionalism, and a constructive and positive approach? Response: Comments: 13) Was there sufficient opportunity for you to provide explanations and responses during the scans? Response: Comments: ASV Feedback Form f DU] Page 3 of 5 14) During the review wrap-up, did the ASV clearly communicate findings and expected next steps? Response: Comments: 15) Did the ASV provide sufficient follow-up to address false positives until eventual scan compliance was achieved? Response: Comments: Please provide any additional comments here about the ASV, your PCI Scanning Service, or the PCI documents. ASV Feedback Form `[ok7 Page 4 of 5 ASV FEEDBACK FORM FOR PAYMENT BRANDS AND OTHERS Name of ASV Client (merchant or service provider reviewed): ASV Company Name: Payment Brand Reviewer: ASV employee who performed assessment: Name Name Telephone Telephone E -Mail E -Mail For each question, please indicate the response that best reflects your experience and provide comments. 4 = Strongly Agree 3 = Agree 2 = Disagree 1 = Strongly Disagree 1) Does the ASV clearly understand how to notify your payment brand about compliance and non-compliance issues, and the status of merchants and service providers? Response: Comments: 2) Did you receive any complaints about ASV activities related to this scan? Response: Comments: 3) Did the ASV demonstrate sufficient understanding of the PCI Data Security Standard and the PCI Security Scanning Procedures? Response: Comments: ASV Feedback Form iIsK Page 5 of 5 COUNCIL REPORT M&C No. 2019-94 Report Date April 16, 2019 Meeting Date April 23, 2019 Service Area Saint John Water His Worship Mayor Don Darling and Members of Common Council SUBJECT: Contract 2019-02: Mecklenburg Street (Sydney Street to Wentworth Street) — Water, Sanitary and Storm Sewer Renewal and Street Reconstruction OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadCity Manager Joel Landers Brent McGovern /Brian Keenan John Collin RECOMMENDATION It is recommended that Contract No. 2019-02: Mecklenburg Street (Sydney Street to Wentworth Street) — Water, Sanitary and Storm Sewer Renewal and Street Reconstruction be awarded to the low Tenderer, Galbraith Construction Ltd., at the tendered price of $1,189,001.10 (including HST) as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. EXECUTIVE SUMMARY The purpose of this report is to recommend that Council award Contract No. 2019-02: Mecklenburg Street (Sydney Street to Wentworth Street) — Water, Sanitary and Storm Sewer Renewal and Street Reconstruction to the low Tenderer. PREVIOUS RESOLUTION July 30, 2018; 2019 Water & Sewerage Utility Fund Capital Program approved July 30, 2018; 2019 General Fund Capital Program approved 111 -2 - REPORT BACKGROUND The approved 2019 General Fund and Water and Sewerage Utility Fund Capital Program includes funding for the reconstruction of Mecklenburg Street from Sydney Street to Wentworth Street. The work involves the replacement of the existing watermain, sanitary sewer, a new storm sewer for separation, full street reconstruction including new concrete curb and sidewalk, roadway granulars, asphalt, grass median and trees. The work also includes the removal of the concrete curb bulbs at the intersections to better facilitate winter snow removal operations and bus travel. I111019111:l1163110 1 61 Tenders closed on April 16, 2019 with the following results, including HST: 1. Galbraith Construction Ltd., Saint John, NB $ 1,189,001.10 2. Fairville Construction Ltd., Saint John, NB $ 1,246,639.68 3. Dexter Construction Company Limited, Saint John, NB $ 1,260,124.00 4. TerraEx Inc., Saint John, NB $ 1,269,766.75 5. Debly Enterprises Limited., Saint John, NB $ 1,646,478.00 6. Maguire Excavating Ltd., Saint John, NB $ 1,947,776.85 The Engineer's estimate for the work was $1,416,336.21, including HST. ANALYSIS The tenders were reviewed by staff and all tenders were found to be formal in all respects. The tender from TerraEx Inc. contained a conflict between written and numerical bid prices that required correction in accordance with specification article 2.11 u) (ii). The tender submitted by Gulf Operators Ltd. included a qualification to the terms of the Tender Documents and was rejected by the Tender Opening Committee in accordance with General Specifications Division 2 — Instructions to Tenderers and Tendering Procedures, item 2.8.03 j). Staff is of the opinion that the low tenderer has the necessary resources and expertise to perform the work, and recommend acceptance of their tender. FINANCIAL IMPLICATIONS The Contract includes work that is charged against the 2019 General Fund and Water and Sewerage Utility Fund Capital Programs. Assuming award of the Contract to the low tenderer, an analysis has been completed which includes the estimated amount of work that will be performed by the Contractor and Others. `N -3 - The analysis is as follows: Budget $ 1,332,000.00 Project net cost $ 1,157,950.00 Variance (Surplus) $ 174,050.00 POLICY—TENDERING OF CONSTRUCTION CONTRACTS The recommendation in this report is made in accordance with the provisions of Council's policy for the tendering of construction contracts, the City's General Specifications and the specific project specifications. STRATEGIC ALIGNMENT This report aligns with Council's Priority for Valued Service Delivery, specifically as it relates to investing in sustainable City services and municipal infrastructure. SERVICE AND FINANCIAL OUTCOMES The municipal infrastructure on this street is in poor condition and requires replacement. The renewal of the infrastructure will reduce the likelihood of future service disruptions to the local residents due to infrastructure failures. The storm water and sanitary sewer flows will also be separated on this section of Mecklenburg Street. In addition, this project provides the opportunity to improve the streetscape with the installation of grass medians and street trees. This project will be completed within the original approved financial budget. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS N/A ATTACHMENTS N/A MR] B Ne '. w��� Nouveau & ffinswi C A N A D A UTITENUMISM0 His Worship Don Darling Mayor of the City of Saint John 15 Market Square PO Box 1971 Saint John, NB E2L 4LI Mayor Darling: 715 03 0001 Thank you for your recent letter from Saint John City Council requesting that the Department of Energy and Resource Development (ERD) implement a Nuisance Deer Management Assistance Program (NDMAP) in your community for the fall of 2019. I recognize the City of Saint John has met the pre -requisites of enacting a by-law prohibiting the intentional feeding of deer, allowing landowners to protect their private property with fences, and documenting the support of the majority of the community for a nuisance deer control program through a public survey. ERD staff members will cooperate with your city staff to implement this program on qualifying lands within the Millidgeville designated area in your city limits for the 2019 deer hunting season commencing in October. I am pleased to have ERD staff members work with you and your staff to help address some nuisance deer issues that you are experiencing in your city, and to offer a mitigation strategy that considers public concerns from multiple levels. Energy and Resource Development staff will be in contact with your staff to further discuss the implementation details including the involvement of city staff in receiving program applications from landowners. Sincerely,,,/,­­I/,"N M, Minister I Ministre Energy and Resource Development/ D6veloppement de 1'6nergle et des ressources P.O. Box 6000 / C. P. 6000 Fredericton New Brunswick / Nouveau -Brunswick E3B 5H1 Tel. IT61.: 506453-2510 Fax /T616c.: 506-453-2930 1414 EMM= PROCLAMATION WHEREAS: Lyme disease is one of the fastest growing infections in Canada; and WHEREAS: the population of ticks, the prime cause of Lyme disease, is growing and expanding in New Brunswick; and WHEREAS: the tick season is also extended due to climate change; and WHEREAS: there is an increasing number of New Brunswickers who are suffering from Lyme disease; and WHEREAS: Lyme disease, if not diagnosed and treated early, can become a debilitating condition, causing extreme fatigue, cardiac and nervous system disorders and/or arthritic symptoms; and WHEREAS: All New Brunswickers would benefit by being more aware of Lyme disease, how it is contracted, what the symptoms associated with Lyme disease are and how to get the prompt medical care needed to avoid illness and suffering. NOW THEREFORE: I, Mayor Don Darling, of Saint John do hereby proclaim the month of May, 2019 as "Lyme Awareness Month" in the City of Saint John. In witness whereof I have set my hand and affixed the official seal of the Mayor of the City of Saint John. PROCLAMATION WHEREAS: every year nearly one thousand Canadian workers are killed by workplace injuries and many more die from occupational disease; and WHEREAS: thousands more are permanently disabled; and WHEREAS: tens of thousands are injured or made ill; and WHEREAS: concerned Canadians are determined to prevent these tragedies by: • Observing April 281h as a day of mourning to remember these victims of workplace injuries and disease: • Renewing our efforts to seek stronger safety and health protections, better standards and enforcement, and fair and just compensations; and • Rededicating ourselves to improving safety and health in every Canadian workplace. NOW THEREFORE: I, Mayor Don Darling, of Saint John do hereby proclaim April 28, 2019, as a "Day of Mourning" in recognition of workers killed, injured or disabled on the job. In witness whereof I have set my hand and affixed the official seal of the Mayor of the City of Saint John. RAMA 23'am'"ITEM, UTSIFIENtIMMIUMEM KNIM I Commission die Slervices Rhigionaux de Fundy N ell�mtmlu � WWW"ET, "MM7, 1 mll"k, �r "I '6d .. n 8 kp ' pf I" rfG �Nr"'d OGVfM r1F r Yii9"W y, yEli a ( 11 E,40 l ILA O"VS d, �Y�4ae ,h�,p r i�i�' ., �"+MIG NG. 1 �a NA— ,i,s, OR 1994: PEI - 1995:°Queb4 �4 too �y ^I � »r f 2003: Mairi 41 k � 1 TH E III P R k V 100 iC II A 1, 2006: Nova Sc E-bikes are openi pliqpIIIIII III Proximity to trails ranked in the top five Higher than cost of housing, the school system, healthcare, and wages. 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