2019-12-03 Finance Committee Agenda Packet - Open SessionCity of Saint John
Finance Committee - Open Session
AGENDA
Tuesday, December 3, 2019
4:45 pm
8th Floor Common Council Chamber (Ludlow Room), City Hall
1. Call to Order
Pages
1.1
Approval of Minutes - November 20, 2019
1 -2
1.2
Low Carbon Economy Fund (LCEF) Presentation - Funding Agreements
3 - 8
1.2.1 Low Carbon Economy Fund (LCEF) Agreement - Municipal Buildings
9-44
Deep Energy Retrofit (MBDER)
1.2.2 Low Carbon Economy Fund (LCEF) Agreement - District Energy
45-78
System (DES) Project
1.3
Reserve Fund
79-82
1.4
Long -Term Financial Plan Policy
83-89
1.5
Long -Term Financial Plan
90-111
1.6
2020 General Operating Budget
112-143
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MINUTES — OPEN SESSION FINANCE COMMITTEE MEETING
NOVEMBER 20, 2019 AT 4:45 PM
Stn FLOOR COMMON COUNCIL CHAMBER (LUDLOW ROOM), CITY HALL
Present: Councillor D. Merrithew
Councillor S. Casey
Councillor D. Reardon
Councillor G. Sullivan
Councillor G. Norton
Absent: Mayor D. Darling
Also
Present: City Manager J. Collin
Commissioner of Finance and Treasurer K. Fudge
Comptroller Finance C. Graham
City Solicitor J. Nugent
Commissioner Saint John Water B. McGovern
Senior Financial Manager C. Lavigne
Senior Financial Manager D. Arbour
Fire Chief K. Clifford
Common Clerk J. Taylor
Administrative Assistant K. Tibbits
1. Meeting Called To Order
Councillor Merrithew called the Finance Committee open session meeting to order.
Moved by Councillor Reardon, seconded by Councillor Sullivan:
RESOLVED that Item 1.4 2020 Tax Base Assessment be added to the agenda.
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1.1 Approval of Minutes — October 23, 2019
Moved by Councillor Sullivan, seconded by Councillor Reardon:
RESOLVED that the minutes of October 23, 2019 be approved.
MOTION CARRIED.
1.2 Water & Sewer 2020 Operating Budget
Mr. McGovern presented the draft 2020 Utility Operating Budget. The proposed budget is
based on the new potable water rate structure and the East Industrial users. There is no
proposed increase for flat rate customers for 2020, remaining at the current rate of $1428 per
continues on debt reduction, with no new debt being added, which will have a significant
positive impact on rates in the long-term.
In response to a question, Mr. McGovern stated that the uptick in the demolition of derelict
buildings has had a negative impact in terms of billable customers and has reduced the
customer base.
In response to a question, Mr. McGovern noted that based on case law, it is his view that
industrial users cannot be charged a premium in order to subsidize residential potable water
users.
Moved by Councillor Sullivan, seconded by Councillor Casey:
RESOLVED that the Finance Committee approve the 2020 Utility Fund Operating Budget and
submit to Common Council for the December 2nd meeting for approval along with first and
second reading to the amendment to the Water and Sewerage By -Law, By -Law No. M-16.
MOTION CARRIED.
1.3 Common Council 2020 Budget
Mr. Taylor presented several scenarios related to a possible reduction to the goods and services
budget for Common Council and the Mayor's Office. The committee indicated that it would like
to receive input from the Mayor on his Goods and Services Budget, but were in consensus that
Common Council's budget should be re-evaluated for a possible reduction.
Moved by Councillor Norton, seconded by Councillor Sullivan:
RESOLVED that the Finance Committee is supportive of furthering a possible reduction to the
Common Council and Mayor's Goods and Services budgets as a sustainability initiative for
consideration.
MOTION CARRIED.
1.4 2020 Tax Base Assessment
Mr. Fudge stated that the Province of New Brunswick issued its tax base information for
municipalities along with information on the equalization grant and community fund. Saint
John's tax base growth is 1.83%. Projections of financial plans have been based on a 1.5%
growth rate; results have exceeded base assumptions. The City will receive approximately
$2.1M in new property tax revenue. Referring to the submitted presentation, Mr. Fudge
reviewed Saint John's performance to its peer communities.
Moved by Councillor Norton, seconded by Councillor Casey:
RESOLVED that the 2020 Tax Base Assessment presentation be received for information.
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Adjournment
Moved by Councillor Sullivan, seconded by Councillor Casey:
RESOLVED that the open session meeting of the Finance Committee be adjourned.
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The Finance Committee open session meeting held on November 20. 2019 was adiourned at
FINANCE COMMITTEE REPORT
Report Date November 22, 2019
Meeting Date December 03, 2019
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: Low Carbon Economy Fund (LCEF) Agreement- Municipal
BuildingsDeep Energy Retrofit (MBDER)
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
Kevin Fudge, Ian Fagan
and Neil Jacobsen
John Collin
RECOMMENDATION
It is recommended that the City enter into the Grant Agreement with Her
Majesty the Queen in Right of Canada, as represented by the Minister of the
Environment who is responsible for the Environment and Climate Change
Canada under the Low Carbon Economy Fund for the Municipal Buildings Deep
Energy Retrofit in the form and upon the terms and conditions as attached; and
that the Mayor and Common Clerk be authorized to execute the said Agreement
EXECUTIVE SUMMARY
The purpose of this report is to seek Common Council's approval to enter into
Grant Agreement with Her Majesty the Queen in Right of Canada, as
represented by the Minister of the Environment who is responsible for the
Environment and Climate Change Canada for the Municipal Buildings Deep
Energy Retrofit.
PREVIOUS RESOLUTION
NA
REPORT
In September 2018, City staff submitted a funding application to Environment
and Climate Change Canada under the Low Carbon Economy Fund (LCEF)
Challenge for the Municipal Buildings Deep Energy Retrofit Project.
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In June 2019, The City received a notification from Environment and Climate
Change Canada that the application was successful and the City of Saint John has
been approved for a grant in the amount of up to $ $2,146,880 or 40% of the
eligible cost toward the City Municipal Buildings Deep Energy Retrofit Project.
As per the agreement, the MBDER project must be completed by March 31,
2022.
The LCEF will be used toward the implementation of Energy Conservation
Measures on selected Municipal and Water Facilities. These measures consist of
the following, but not limited to, Window Replacement, HVAC and Control
Systems Upgrade, light -emitting diode (LED) retrofits and control, heat recovery,
high efficiency heating system, high efficiency motors and pumps, renewable
energy sources, energy monitoring systems, Measurement & Verification Plan,
staff training, etc. Asset and Energy Management division will work with each
facility managers and consultant to develop an action plan as well as list of
measures to be implemented in 2020-2022. These measures will be selected
using the following criteria:
➢ Alignment with asset management policy and capital investment
policy;
➢ High risk assets using adopted risk rating framework to identify
these assets;
➢ Level of impact on service to public and environmental effects.-
Net
ffects;Net present value of asset renewal; and
➢ Greenhouse gas emissions impact.
Description of the Major Phases of Work
This project includes the following main milestones:
1. Energy consultant team engaged through a public request for proposal
process to perform the following assessments and evaluations
o Full inventory of energy consuming systems across targeted
buildings.
o Allocation of existing energy usage as compared to utility
baselines.
o Identification of energy waste.
o Development of energy conservation measures including costing
and approximate construction timelines.
2. Develop an Energy Implementation Plan by City staff (project team) in
cooperation with the energy consultant team
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3. Implementation of the Energy Conservation Measures on the Selected
buildings in cooperation between the City Staff, Energy Consultant Team,
and Contractor to be selected through public tender process
4. Measurement and Verification (M&V) and GHG emissions verification
work will be performed in cooperation with the City staff and energy
consultant team (ongoing).
o An M&V Plan will be developed and executed in accordance to
the International Performance Measurement and Verification
Protocol (IPMVP) and International Organization for
Standardization (ISO) 14034.
o An energy management and tracking system will be put in place
to manage the building's energy performance.
o Educate and train staff on the new system.
o Monthly presentations and reports on the performance of the
buildings including any deficiencies and recommended
improvements.
Results
The proposed MBDER Project will result in the following benefits to the City:
• Reduce the City energy and operating cost by approximately $450,000
annually.
• Reduce the City Infrastructure deficit by over $4 Million through
investment in asset renewal.
• Reduce City Capital Expenditure.
• Improve the indoor air quality of the building through the installation
state of art technologies for HVAC, lighting, heat recovery system.
• Improve customer service and reliability of asset performance thus
minimizing risks associated with assets failure.
• Reduce GHG emissions by 1500 CO2 Tons or 6.5 % of the City Corporate
Operation from the 2015 baseline.
• Showcase the City of Saint John as an example of environmental and
economic sustainability.
STRATEGIC ALIGNMENT
The MBDER Project is clearly aligned with the following City plans, policies,
Council Priorities, programs and practices:
1- City of Saint John Corporate GHG and Energy Action plan to reduce GHG
emissions by 30% by 2025 and achieve carbon neutral by 2040.
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2- City of Saint John Asset Management Policy objectives to apply risk-based
decision and life -cycle costing principles to prioritize capital investment, identify
alternative measures, facilitate the leveraging of infrastructure funding from
external sources, and improve the reliability of customer service.
3. City of Saint John Capital Investment Policy
SERVICE AND FINANCIAL OUTCOMES
The City of Saint John will receive a total grant up to $2,146,880 or 40% of the
eligible cost toward the City Municipal Buildings Deep Energy Retrofit Project.
The total cost for the project is approximately $5 Million. City contribution is
approximately $3 Million. Funding is approved under the Capital Budget 2020
and 2021 with the remaining fund to be approved under 2022 Capital Budget.
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INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
The City of Saint John Finance and Administrative Services and Legal
Departments have reviewed the attached Agreement and are satisfied with the
recommendation as they pertain to their respective areas of services.
ATTACHMENTS
1- Low Carbon Economy Fund Grant Agreement- Municipal Buildings Deep
Energy Retrofit Project.
12
of last signature (the "Effective Date"').
BETWEEN: HER MAJESTY THE QUEEN IN RIGHT OF CANADA, as represented by
the Minister of the Environment who is responsible for Environment and
Climate Change Canada ("Canada" or the "Minister")
AND THE CITY OF SAINT JOHN, incorporated by Royal Charter as confirmed
and amended from time to time by the Acts of the Legislative Assembly of
New Brunswick ("Recipient"),
AU F I A IS
The Government of Canada announced in Budget 2016 and 2017 the Low Carbon
Economy Fund of $2 billion over five years to support provincial and territorial mitigation
action under the Pan -Canadian Framework on Clean Growth and Climate Change and work
towards transitioning Canada toward more sustainable economic growth and meeting or
exceeding the Government of Canada's target under the Paris Agreement;
2. The Minister has established and is responsible for the Low Carbon Economy Challenge
("Program"), one of two funds under the Low Carbon Economy Fund;
3. This Agreement supports the objectives of the Government of Canada of reducing
greenhouse gas emissions, transitioning to a low carbon economy and achieving clean
growth outcomes;
4. The Government of Canada's contribution will enable the Recipient to invest in projects that
will materially reduce carbon emissions under the Pan -Canadian Framework on Clean
Growth, and Climate Change that contribute to Canada's first Nationally Determined
Contribution under the Paris Agreement, and support the advancement of new technologies
and Canada's long-term transition towards cleaner growth through the decarbonization of
the economy;
5. The Recipient has submitted to Canada a proposal for the funding of its Project as outlined
in Schedule B of this Agreement, which qualifies for support under the Program;
6. Canada wishes to provide a financial contribution to the Recipient towards the Eligible
Expenditures of the Recipient's Project in the manner and on the terms and conditions set
out in this Agreement;
NOW THEREFORE, in consideration of the mutual covenants and agreements contained herein,
the Parties agree as follows:
I F AGREEITIERT
The purpose of this Agreement is to establish the terms and conditions pursuant to which
Canada will provide funding to the Recipient towards the Eligible Expenditures of the
Project that is described in Schedule B.
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For the purposes of interpretation:
a) words in the singular include the plural and vice -versa;
b) words in one gender include all genders;
c) the headings do not form part of the Agreement; they are for reference only and shall
not affect the interpretation of the Agreement;
d) any reference to dollars or currency shall be to Canadian dollars and currency; and
capitalized term has the meaning given to it in this Subsection.
"Agreement" means this funding agreement and all its schedules, and any amending
agreement entered into by the Parties in accordance with this Agreement.
"Agreement End Date" means September 30, 2022,
"Agreement Management Committee" means the committee established in accordance
with Subsection 6.2�.
"Asset" means any real or personal property or immovable or movable property acquired,
purchased, constructed, rehabilitated or improved, in whole or in part, with funds
contributed by Canada under the terms and conditions of this Agreement.
"Asset Disposal Period" means the period commencing from the Effective Date and
ending five (5) years after the Project Completion Date.
"Communications Activities," include, but are not limited to, public or media events or
ceremonies including key milestone events, news releases, reports, web and social media
products or postings, blogs, news conferences, public notices, physical and digital signs,
publications, success stories and vignettes,, photos, videos, multi -media content,,
advertising campaigns, awareness campaigns, editorials, multi -media products, Joint
Communications and all related communication materials under this Agreement.
"Contract" means an agreement between the Recipient and a Third Party whereby the
Third Party agrees to supply a product or service related to the Project in return for
financial consideration.
"Costs" mean, for the purposes of Subparagraph 4.2 b) i. of the Agreement and
Schedule A.2 of the Agreement, any and all costs incurred by the Recipient in the
implementation of the Project associated with a withdrawn or cancelled Project, in whole
or in part, including Eligible Expenditures incurred by the Recipient up to the date of
withdrawal or cancellation, ineligible expenditures as outlined in said Schedule A.2 of the
Agreement, and any other costs incurred by the Recipient associated with the withdrawal
or cancellation including legal, auditing or other professional expenses.
"Declaration of Completion" means a declaration in the form substantially prescribed in
Schedule F.
"Effective Date" means the date on which the last Party to sign this Agreement signed it
"Eligible Expenditures" means those: costs incurred and paid by the Recipient between
the Effective Date and Final Claim, Date that are directly related to the Project and which
are considered eligible by Canada, as set out in Schedule A.1 of the Agreement,
"Final Claim Date" means June 30, 2022.
"Fiscal Year" means the period beginning April 1 of a year and ending March! 31 of the
following year.
"Incrementality" means that 1) federal funding received under the Program does not
displace the Recipient's spending on Project funded by the Program, and 2) greenhouse
gas (GNC) emissions reductions would be achieved relative to existing, planned or
announced programming where GICs are already counted.
"in -Kind Contribution" means non -monetary contributions of goods, services or other
support provided by the Recipient or to the Recipient for the Project, for which fair market
value is assigned but for which no payment occurs.
"Joint Communications" are events, news releases, and signage that relate to the
promotion of the Program and/or Project and are collaboratively developed and approved
by Canada and the Recipient, and are not operational in nature.
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"Program" means the federal Low Carbon Economy Challenge, one of two funds under
the Low Carbon Economy Fund.
"Program Information Management System" or "System" means a secure:, self-
contained, collaborative Web application developed and owned by Canada for the
management and monitoring of federal funding agreements, or any successor application.
"Project" means the project outlined in Schedule B to this Agreement and approved for
funding by Canada prior to the signing of this Agreement, and includes any subsequent
changes to the Recipient's Project which may form part of this Agreement in accordance
with Subsection 4.5 of this Agreement.
"Project Completion Date" means the date upon which all funded activities of the Project
under this Agreement have been completed: and performed, which date shall be no later
than March 31, 2022.
"Project Component" means any of the components of the Project that are described in
Schedule B.
"Third Party" means any person or other legal entity, other than a Party, who participates
in the implementation of the Project by means of a Contract.
"Total Financial Assistance" means funding from all sources, including funding from the
Recipient and federal, provincial, territorial, and municipal governments as well as funding
from all other sources, including In -Kind Contributions.
2.3 SCHEDULES
The following schedules are attached to, and form part of this Agreement:
Schedule A — Eligible and Ineligible Expenditures
Schedule B — The Project
Schedule C — Reporting Requirements
Schedule D — Certificate(s) of Compliance for Payment Requests
Schedule E — Communications Protocol
Schedule F — Declaration of Completion
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This Agreement shall come into effect on the Effective Date and shall expire on the
Agreement End Date, unless it is terminated earlier in accordance with the terms of this
Agreement.
a) Canada agrees to pay a contribution to the Recipient of not more than forty percent
(40%) of the total Eligible Expenditures for the Project but only up to a maximum of
two million, one hundred and forty six thousand, eight hundred and eighty dollars
($2,:146,880).
b) Canada shall pay the contribution in accordance with the terms and conditions of this
Agreement and the Fiscal Year breakdown in Schedule 6.2 of Schedule B.
c) If Canada's total contribution towards the Project exceeds forty percent (40%) of the
Project's total Eligible Expenditures or if the Total Financial Assistance received or
due in respect of the total Project costs exceeds one hundred percent (11 O0%) thereof,
Canada may recover the excess from the Recipient or reduce its contribution by an
amount equal to the excess.
an administrator in relation to the Project.
a) The Recipient is entirely responsible for the complete, diligent, and timely performance
of its obligations under this Agreement and implementation of the Project and shall
carry out the Project within the costs and deadlines specified in this Agreement, in
accordance with the terms and conditions of this Agreement.
b) The Recipient shall comply with all applicable federal and provincial/territorial laws and
regulations, municipal by-laws, orders and rules and all requirements of regulatory
bodies having jurisdiction over the subject matter of the Project.
c) The Recipient shall be entirely responsible for:
any Costs,
ii. any cost overruns related to the Project,
iii. any costs associated with a change to the Project that is not approved by
Canada, and
Iv. any costs related to the Project that do not meet the Incrementality.
d) The Recipient acknowledges that Canada's Program funding is not intended to replace
or displace existing sources of funding for the Project.
e) The Recipient acknowledges that Canada's Program funding is and remains the sole
source of funding from the Pan -Canadian Framework Programs for the Project.
f) The Recipient shall inform Canada promptly of the Total Financial Assistance received
or due for the Project.
g) The Recipient shall repay to Canada any amount received from Canada under this
Agreement that is not paid towards Eligible Expenditures, such as ineligible
expenditures as set out in Schedule A to this Agreement, unexpended funding, and
overpayments made under this Agreement, The Recipient shall also repay to Canada
any amount received from Canada for Costs.
h) The Recipient shall ensure the ongoing operation, maintenance, and repair of any
Asset in relation to the Project as per appropriate standards, during the Asset Disposal
Period.
i) Canada may request that the Recipient declare to Canada any amounts owing to the
federal Crown, under legislation or contribution agreements that constitute an overdue
debt. The Recipient recognizes that any such amount owing is a debt due to the
federal Crown and may be subject to compensation or set-off by Canada in
accordance with Section 20.
j) If at any time during the term of this Agreement, the Recipient becomes aware of a
fact or event that may compromise or delay wholly, or in part, the Project, the
Recipient shall notify Canada and inform the Agreement Management Committee, if
established, within no more than ten (1 g) business days of becoming aware of that fact
or event,
k) Upon Canada's request during the: term of the Agreement, the Recipient shall promptly
provide Canada with updates to the Project status and the Project expenditures and
forecasts set out in Schedule B.
1) The Recipient shall participate in the Agreement Management Committee, if
established in accordance with Subsection 6.2 of this Agreement,
m) The Recipient shall provide access to Canada to the Project sites) to conduct site
visits upon Canada giving the Recipient reasonable notice of the visit, which notice
shall not be less than thirty (30) days.
uriu reaucuons arising OlreClly Trom ine irojeci ano report inern io Uanacia In
accordance with this Agreement. For clarity purposes, nothing in this paragraph affects
the Recipient's ability to claim credits or allowances that the Recipient may generate or
benefit from as a result of reduced compliance obligations under existing or planned
carbon pricing or cap -and -trade systems for CHC emissions.
Pursuant to section 40 of the Financial Administration Act (R.S.C. 1985, c, F-11), the
payment of monies under this Agreement is subject to there being an appropriation for the
Fiscal Year in which the payment is to be made.
Notwithstanding any other provision of this Agreement, Canada may reduce or cancel its
financial contribution in the event of reductions in appropriations or departmental funding
levels are changed by Parliament during the term: of this Agreement. In the event that
Canada reduces or cancels its financial contribution the maximum amount payable
pursuant to Paragraph 4.1 a) of this Agreement shall be reduced accordingly. Canada
shall promptly advise the Recipient of any reduction or termination of funding once it
becomes aware of any such situation, Canada shall not be liable for any direct, indirect,
consequential, exemplary or punitive damages, regardless of the form of action, whether
in contract, tort or extracontractual liability, or otherwise, arising from any such reduction
or termination of funding.
a) If the actual amount payable by Canada in respect of any Fiscal Year of the Project is
less than the estimated amount per Fiscal Year set out in Schedule B.2 of Schedule B,
the Recipient may request that Canada re -allocate the difference between: the two,
amounts to a subsequent Fiscal Year. Subject to Subsection 4.3, Canada agrees to
make reasonable efforts to accommodate the Recipient's req�uest. The Recipient
acknowledges that requests for re -allocation of Project funding shall require
appropriation adjustments or federal Crown approvals,
b) In the event that any requested re -allocation of Project funding is not approved, the
amount of Canada's contribution payable pursuant to Paragraph 4,11 a) may be
reduced by the amount of the requested re -allocation. If the contribution payable by
Canada pursuant to Paragraph 4.1 a) is so reduced, the Parties agree to review the
effects of such reduction on the overall implementation of the Project and to adjust t
terms and conditions ofthisAgreemen't as appropriate, I
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b) In, order to seek Canada's approval, the Recipient shall notify Canada by submitting to
,Canada a written request for the proposed! change to the Project. The Recipient shall
also provide to Canada information in support of the requested change, within twenty
(20) days of the date of the Recipient's submitted request.
c) The Recipient shall provide, at Canada's request and to Canada's satisfaction, any
additional information related to, the proposed change to the Project within the timeline
requested by Canada, which timeline shall be reasonable,
d) If Canada has approved a change to the Project and has determined that the change
is significant, the Parties' signatories to this Agreement shall sign a corresponding
amending agreement to this Agreement in order to give the change effect. If Canada
has approved a change and has determined that the change is minor in nature, the
representatives of the Parties identified in Section 33 of the Agreement shall execute
a corresponding amending agreement to the Agreement to give the change effect.
;,.6 INABILITY TO COMPLETE PROJECT WITHIN ANTICIPATED PROJECT COSTS AND
FUNDING
funding obligation. The Recipient shall, within thirty (30) days of a request from Canada,
provide a summary of the measures that the Recipient proposes to undertake to remedy
the shortfall, If Canada is not satisfied that the measures proposed shall be adequate to
remedy the shortfall, then Canada may, without limiting any other rights or remedies it may
have at law, exercise any one of the remedies listed in Section 16.
If, at any time during the term of this Agreement, one of the Parties, determines that it will
not be possible to complete the Project for any reason, the Party having determined this is
the case shall immediately notify the other Party of that determination and Canada may
suspend its funding obligation. The Recipient shall, within thirty (30) business days of a
request from Canada, provide a summary of the measures that the Recipient proposes to
undertake to remedy the situation. If Canada is not satisfied that the measures proposed
will be adequate to remedy the situation, then Canada may, without limiting any other
rights or remedies it may have at law, declare a default pursuant to Section 15.
4.8 CONDITION PRECEDENT
a) Condition(s)
The Recipient agrees that Canada has no obligation to make payments under this
Agreement unless and until:
i. the Recipient demonstrates, within 45 business days of the Effective Date of
this Agreement, that it has secured the funds necessary to complete the
Project.
b) Remedy
In the event that the Recipient is unable to meet the conditions set out in
Paragraph 4.8 a), Canada may terminate this Agreement at any time. Canada shall not
be liable: for any direct, indirect, consequential, exemplary or punitive damages,
regardless of the form of action, whether in contract, tort or extracontractual liability, or
otherwise, arising from the termination of this Agreement.
5. RECIPIENT REPRESENTATIONS AND WARRANTIES
The Recipient represents and warrants to Canada that:
a) the Recipient has the capacity and authority to sign this Agreement as duly authorized
by resolution of the Recipient's Common! Council dated November 18, 2019;
b) the Recipient has the capacity and authority to carry out the Project;
c) the Recipient has the requisite power to own the Assets,
d) this Agreement constitutes a legally binding obligation of the Recipient, enforceable
against it in accordance with its terms and conditions;
e) all information submitted to Canada as set out in this Agreement is true, accurate, and
was prepared in good faith to the best of its ability, skill, and judgment-,
f) any individual, corporation or organization that the Recipient has hired, for payment,
who undertakes to speak to or correspond with any employee or other person
representing Canada on the Recipient's behalf, concerning any matter relating to the
contribution under this Agreement or any benefit hereunder and who is required to be
registered pursuant to the federal Lobbying Act, is registered pursuant to that Act,,
g) the Recipient has not and will not make a payment or other compensation that is
contingent upon or is calculated upon the contribution hereunder or the negotiation of
the whole or any part of the terms and conditions of this Agreement to any individual,
t-,ecipieni s aoimy io carry out ine acuvaies comempiatea Dy inis iAgree,ment. 1 ne
Recipient shall inform Canada immediately if any such action or proceedings are
threatened or brought during the term of this Agreement; and
i) the Recipient is in good standing under the laws of the jurisdiction in which it is
required to be registered.
a) The Parties have an obligation to appoint a representative from their respective
organization for the ongoing administration of the Agreement.
b) Each Party shall notify the other of the appointment within thirty (30) days of the
Effective Date of the Agreement. Any change to the appointment shall be
communicated to the other Party in writing within thirty (30) days of the change.
c) The Recipient's representative, or their designated alternate, shall have decision-
making authority related to the Project and be available within no more than ten (10)
business days to provide Canada with information pertaining to the progress of the
Project, including Project activities, expenditures, communication events, and any
other relevant information as required under this Agreement.
Canada may, at its discretion, establish an Agreement Management Committee to monitor
this Agreement. The Parties shall use the terms of reference for the Agreement
Management Committee developed by Canada and each Party shall appoint a
representative from their respective organization to participate on the Agreement
Management Committee. Canada shall" determine the mandate of the Agreement
Management Committee.
a) The Recipient shall ensure that Contracts are awarded in a way that is transparent,
competitive, consistent with value -for -money principles, or in a manner otherwise
acceptable to Canada, and if applicable, in accordance with the Canadian Free Trade
Agreement and international trade, agreements.
b) If Canada determines that the Recipient has awarded a Contract in a manner that is
not in: compliance with the foregoing, upon notification to the Recipient, Canada may
consider the expenditures associated with the Contract to be ineligible.
The Recipient shall ensure that all Contracts are consistent with, and incorporate, the
relevant provisions of this Agreement. More specifically but without limiting the generality
of the foregoing, the Recipient agrees to include terms and conditions in all Contracts to
ensure that:
a) the Third Party shall keep proper and accurate financial accounts and records,
including but not limited to its contracts, invoices, statements, receipts, and vouchers,
in respect of the Project for at least six (6) years after the Agreement End Date and
that the Recipient has the contractual right to audit them;
b) all applicable labour, environmental, and human rights legislation are respected; and
c) Canada, the Auditor General of Canada, and their designated representatives, to the
extent permitted by law, shall at all times, be permitted to inspect the terms and
8.1 The Recipient represents and warrants that the Project is not a "designated project" as
defined in section 2 of the Impact Assessment Act (11AA) and is not a "project" as defined' in
section 81 of the IAA.
8.2 Canada's funding under this Agreement is conditional) upon Canada being satisfied that
Canada's obligations, if any, under the IAA and applicable agreements between Canada
and Indigenous, groups are met.
Canada's funding under this Agreement is conditional upon Canada meeting any legal
duty to consult, and if applicable any obligation to, accommodate Indigenous groups,
Canada may itself have in relation to the Project.
10. CLAIMS AND PAYMENTS
10.1 P'AYM ENT CONDITIONS
a) Canada shall not pay interest for failing to make a payment under this Agreement.
b) Canada shall not pay any claims submitted after the Final Claim Date, unless
otherwise accepted by Canada.
c) Canada shall not pay any claims until the requirements under Subsection 4.8, and
Sections 8 and 9, if applicable, are, in Canada's opinion, satisfied to the extent
possible at the date the claim is submitted to Canada.
d) Canada shall not pay any claims until the reporting requirements under Schedule C
are met and Canada, has accepted the information, and any audit requirements in
Section 12 and any communications requirements outlined in Schedule E are met at
the time the claim is submitted to Canada.
a) In each Fiscal Year, the Recipient shall submit to Canada, at a minimum, unless
otherwise agreed to by Canada, requests for payment on a quarterly basis covering
the Recipient's Efigible Expenditures in a format provided by and acceptable to
Canada. Each request for payment must include the following:
an appropriate Certificate of Compliance for Payment Requests in accordance
with Schedule D, regarding the claimed Eligible Expenditures, Each request
for payment and Certificate of Compliance for Payment Requests shall be
signed by the chief financial officer or delegated financial officer, designated in
writing by the Recipient, confirming that the, claimed Eligible Expenditures
were incurred and paid;
a breakdown of Eligible Expenditures claimed in the form provided by Canada,
and any supporting documentation, including detailed invoices and/or any
other documentation required for Eligible Expenditures claimed that is
satisfactory to Canada; and
iii. any reporting due in accordance with Schedule C.
b) Canada shall make a payment upon review and acceptance of a request for payment,
subject to the terms and conditions of this Agreement.
F<ecipient's t-ligiule F-xpenaitures in a Corm acceptame to uanaaaa ne Tinai claim must
include:
a) all information required under Subsection 10.2;
b) a completed Declaration of Completion in accordance with Schedule F; and
c) upon request by Canada, any of the documents referenced in Schedule F.
Upon receipt of the final claim, but before issuing the final payment, the Parties will jointly
carry out a final reconciliation of all claims and payments in respect of the Project and
make any adjustments required in the circumstances.
Canada may withhold up to twenty five percent (25%) of its contribution towards Eligible
Expenditures claimed under this Agreement. Any amount withheld by Canada shall be
released when the final adjustments have been completed under Subsection 10.4 and the
Recipient fulfills all its obligations under this Agreement.
a) Prior to signing the Declaration of Completion, the Recipient shall request Canada's
written confirmation of the list of relevant documents that the Recipient shall provide
with its Declaration of Completion.
b) The Declaration of Completion must be signed by an authorized official of the
Recipient that is deemed acceptable by Canada, and it must list all relevant
documents that Canada deemed to be necessary in its written confirmation to the
Recipient.
a) The Recipient shall use the System, or any another process designated by Canada to
fulfill the obligations of the Recipient under this Agreement, including but not limited to
Sections 10, 11 and 12.
b) The System will be available to the Recipient in both official languages and the
Recipient can report in the official language of its choice. Modifications and
improvements to the System shall be made by Canada at its own expense. Canada
hereby grants to the Recipient the right to use the System for the purposes herein
described. All intellectual property rights in the System vest in Canada.
c) Subject to Canada's approval, the Recipient may fulfill the requirements outlined in
this Subsection by using an alternate approach that may include a paper-based
documentation system.
a) The Recipient shall comply with and complete the Project and performance reporting
requirements outlined in Schedule C.
b) The Recipient shall submit a progress report to Canada on, a semi-annual basis, at
minimum. Unless otherwise agreed to by Canada, the Recipient shall submit the first
report no later than October 30 covering the period from April 1 to September 30, and
a second report no later than June 30 covering the period from October 1 to March 31
in a format provided by and acceptable to Canada and in accordance with Schedule
C,1.Canada reserves the right to request more frequent progress reporting, such as
-1_-__+ +_ 4-
a) Canada may conduct periodic audits of the Recipient's compliance with the terms and
conditions of this Agreement, including without restriction, compliance with the
financial provisions, during the term of the Agreement and up to two (2) years after
the Agreement End Date. Canada may direct that an audit be carried out by an
independent accredited auditor or other representative appointed by Canada. The
Recipient shall cooperate with Canada's representatives, employees, or contractors
relative to any such audit, providing at no cost reasonable and timely access to the
Project sites, the Recipient's facilities, and any Project -related documentation for the
purposes of audit, evaluation, inspection and monitoring compliance with this
Agreement. Canada shall bear the costs of audits undertaken pursuant to this clause.
b) The, Recipient agrees to inform Canada of any audit that has been conducted on the
use of contribution, funding under this Agreement at the Project or Program level, and
to provide Canada with all relevant audit reports.
The Recipient acknowledges that the Auditor General of Canada may, to the extent
permitted by law and after notification to the Recipient, conduct an inquiry under the
authority of subsection T1 (1) of the federal Auditor General Act respecting the Recipient's
compliance with the terms and conditions of this Agreement or an inquiry into the
Recipient's procedures to measure and report on performance with respect to this
Agreement. The Recipient shall cooperate with the Auditor General and his or her
representatives, employees, or contractors relative to any such inquiry and grant them
access to the Recipient's documents, records, and premises for purposes of any such
inquiry. The Auditor General may discuss any concerns raised in such an inquiry with the
Recipient and with Canada. The results may be reported to Parliament in a report of the
Auditor General.
Without prejudice to Canada's right to exercise any remedy available by law or pursuant to
this Agreement as a result of a default on the part of the Recipient, where an audit of the
Recipient reveals an element of non-compliance with the terms and conditions of this
Agreement, or if the Recipient denies, access to documents, records, or premises, or fails
to provide the necessary cooperation or assistance to conduct an audit, the Recipient may
be required to develop and provide Canada with a plan of corrective action within thirty
(30) days of receiving notice of the non-compliance. Such a plan must outline the
procedures to enact corrective measures that are acceptable to Canada, and must be
accompanied by a written undertaking on the part of the Recipient to implement the plan.
The Recipient shall keep proper and accurate financial accounts and records, including
but not limited to its Contracts, invoices, statements, receipts, and vouchers, in respect of
the Project, for at least six (6) years after the Agreement End Date.
12.5 EVALUATION
Canada may engage in an evaluation of the Program for the purposes of assessing its
continued relevance and impact. The Recipient shall cooperate with the work carried out
by Canada, its representative, employees, or contractors relative to any such evaluation
and agrees to provide Project -related information to Canada, at no cost to Canada, over
the term of this Agreement and up to one year after the Agreement End Date, Canada
shall pay the costs of evaluations undertaken pursuant to this Subsection. All evaluation
results may be made available to the public.
or unaer tniiS agreement snaia oe owned Dy ine Kecipient or Dy
in an agreement between the Recipient and such third party.
b) The Recipient will obtain the necessary authorizations, as needed, for the
implementation of the Project, from third parties who may own the intellectual property
rights or other rights in respect of the Project. Canada shall assume no liability in
respect of claims from any third party in relation to such rights and to the Agreement.
c) The Recipient hereby grants to Canada a non-exclusive, unconditional, fully -paid and
royalty -free, perpetual, worldwide, and irrevocable licence to use and exercise all
intellectual property rights in the Materials that vest in the Recipient under Paragraph
13 a) of this Agreement, for any public purpose except commercial exploitation in
competition with the Recipient. Canada's licence includes the right to use, produce,
publish, translate, reproduce, adapt, modify, disclose, share, distribute and broadcast
the intellectual property.
a) Notwithstanding any other provision of this Agreement, the Recipient shall preserve,
maintain, and use any Assets for the purposes of the Project, and shall not dispose of
any Asset during the Asset Disposal Period, unless the Recipient notifies Canada in
writing and Canada consents to the Asset's disposal.
b) Unless otherwise agreed to by Canada, upon alternate use, lease or disposal of any
Asset, including :selling, encumbering or charging of an Asset, whether directly or
indirectly, during the Asset Disposal Period, the Recipient shall reimburse Canada, as
determined by Canada, in whole or in part, an amount of funds contributed by Canada
to the Asset under this Agreement.
Canada may declare a default under this Agreement if any of the following events occur.
a) The Recipient has not complied with one or more of the terms or conditions of this
Agreement;
b) The Recipient has not completed the Project in accordance with the terms and
conditions of this Agreement-,
c) the Recipient has submitted false or misleading information to Canada or has made a
false or misleading representation in respect of the Project or any matter related to this
Agreement, except for an error in good faith, demonstration of which is incumbent on
the Recipient, to Canada's satisfaction;
d) the Recipient has neglected or failed to pay Canada any amount due in accordance
with this Agreement;
e) the Recipient becomes insolvent, commits an act of bankruptcy, has a bankruptcy
order made against it, makes an assignment to the benefit of creditors, takes the
benefit of a statute relating to bankrupt and insolvent debtors, goes into receivership or
bankruptcy, ceases to actively carry on a business, or is wound up or dissolved.
16.1 If Canada declares an event of default has occurred, then Canada may, in, addition to any
other remedy provided by law or pursuant to this Agreement, exercise one or more of the
following remedies:
a) Where Canada determines that the Recipient's default is capable of cure and that a
delay for these purposes is appropriate, the Minister reserves the right to, send a
written notice of default to the Recipient specifying a cure period of no fewer than
contribution disbursed, with interest, calculated in accordance with the Interest and
Administration Charges Regulations, from the date of demand for reimbursement, and
also to exercise any other remedy provided by law that Canada deems appropriate;
b) Suspend the, payment of any amount in respect of Canada's contribution, regardless
of whether the amount is owing prior to or after the date of such suspension; or
c) Immediately terminate this Agreement by means of a written notice of default and
termination given to the Recipient, and also to exercise any other remedy provided by
law that Canada deems appropriate, including requiring the Recipient to reimburse: all
or part of the Canada's contribution disbursed, with interest, calculated in accordance
with the Interest and Administration Charges Regulations, from the date of demand
for reimbursement.
16.2 Notwithstanding this Section of the Agreement, the occurrence of an event of default listed
in Paragraph 15 d) shall automatically trigger a default under this Agreement, without any
further notice to the Recipient.
At any time before the completion of the Project, Canada may, by giving notice in writing
to the Recipient, terminate this Agreement. The notice of termination shall give the
Recipient thirty (30) days' prior notice of the termination. Subject to the maximum amount
of Canada's contribution and the terms, conditions, and limitations of this Agreement,
Canada shall reimburse the Recipient for reasonable Eligible Expenditures incurred by the
Recipient for the purpose of the Project up until the end of the said notice period, including
any reasonable costs incurred related to the termination of the Agreement. The Recipient
shall cause any Contracts related to the Project, including employment Contracts when
feasible, to be on terms that will minimize its own cancellation costs and Canada's costs.
18. LIMITATION OF LIABILITT ARD h1DEMrWCJ
181 DEFINITION OF PERSON
In this section, "Person" includes, without limitation, a person, the Recipient, a Third Party,
a corporation, or any other legal entity, and their officers, servants, employees, agents or
mandataries.
In no event shall Canada, its servants, employees or agents, be held liablefor any
damages in contract:, tort (including negligence), extracontractual liability or otherwise, for:
a) any injury to any Person, including, but not limited to, death, economic loss or
infringement of rights,
b) any damage to or loss or destruction of property of any Person, or
c) any obligation of any Person, including, but not limited to, any obligation arising from a
loan, lease or other long term obligation,
in relation to this Agreement or the Project.
The Recipient shall at all times indemnify and save harmless Canada, and its servants,
employees, and agents, from and against all actions, claims, demands, losses, costs,
damages, suits or other proceedings, whether in contract, tort (including negligence),
extracontractual liability or otherwise, by whomsoever brought or prosecuted in any
manner based upon or occasioned by:
in relation to this Agreement, or the Project, except to the extent to which such actions,
claims, demands, losses, costs, damages, suits or other proceedings are caused by the
negligence or breach of the, Agreement by a servant, an employee or agent o,f Canada in
the performance of his or her duties,
a) The Parties shall keep each other informed of any issue that could be contentious by
providing written notice as well as information relevant to the issue to the other Party.
The Parties shall, in good faith and reasonably, make best efforts to resolve the issue
and shall have twenty (20) business days following receipt of a notice during which to
examine and discuss the issue with a view to resolving it. Following the twenty (20)
business day period, the Parties shall have no more than fifteen (15) business days
during which to come to a decision with respect to the issue.
b) Any payments related to the issue in dispute shall be suspended, together with the
obligations related to such issue, pending resolution.
c) The Parties agree that nothing in this section shall affect, alter or modify the rights of
Canada to terminate this Agreement.
Without limiting the scope of the set-off or compensation rights available to the federal
Crown at common law or in the Civil Code of Qu6bec (S. Q., 1991, c. 64), under the
Financial Administration, Act (R.S.C., 1985, c. F-11) or otherwise, Canada may=
a) set-off or seek compensation against any portion of the contribution that is payable to
the Recipient pursuant to this Agreement, any amount that the Recipient owes to the
federal Crown under legislation or any other agreement of any kind; and
b) set-off or seek compensation against any amounts that are owed to Canada by the
Recipient, any amount that is payable by the federal Crown under legislation or any
other agreements of any kind to the Recipient.
Any amount owed to Canada under this Agreement by the Recipient shall constitute a
debt due to the federal Crown, which the Recipient shall reimburse to Canada forthwith on
demand.
Debts due to the federal Crown by the Recipient shall accrue interest in accordance with
the federal Interest and Administrative Charges Regulations (SOR/96-188).
Nothing contained in this Agreement creates or is to be construed as creating the
relationship of principal and agent, employer and employee, partnership or joint venture
between the Parties. The Recipient shall not represent itself (including in any agreement
with a third party), as an agent, employee, or partner of the Minister or in a manner that
could lead a member of the public to believe that the Recipient is an agent, employee, or
partner of the Minister.
24. CONFLICT OF INTERESH
H
other values and ethics codes applicable within provincial or territorial governments or
specific organizations, cannot derive any direct benefit resulting from this Agreement
unless the provision or receipt of such benefit is in compliance with such legislation and
codes.
Z RX -A I o *0 1
Nothing in this Agreement is to be construed as authorizing any person, including a Third
Party, to contract for or to incur any obligation on behalf of Canada or to act as an agent
for Canada, The Recipient shall take the necessary action to ensure that any Contract
between the Recipient and any Third Party contains a provision to that effect.
11�� 11 1 Ili] 91111 IiiiiiiI III� Il !III I i'll �! I ;
Subject to the Access to Information Act (R.S.C., 1985, c. A-1) and the Privacy Act
(R.&C., 19,8,5, c. P-21), all information pertaining to the contribution provided under this
Agreement is public information and may be disclosed to third parties upon request under
the relevant Act.
27. OFFICIAL LANGUAGES
All public information documents related to the Project prepared by or paid in whole or in
part by Canada must be made available in both official languages, when Canada
determines that this is required under the Official Languages Act (R.S.C,, 1985, c, 31 [4'"
Supp]). Tout document d'information pubiique pr6par6 ou pay6 en tout ou en partie par le
Canada ayant trait au projet Boit Etre offert dans les deux langues officielles, lorsque le
Canada le juge pertinent, conform6ment � la Loi sur les langues officielles (L.R.C., 1985,
ch. 31 (41 suppl.)).
This Agreement is drafted in English at the request of the Parties. Les Parties ont convenu
que le present accord soft r6clig6 en anglais.
The Recipient shall ensure that a person lobbying, as described in the federal Lobbying
Act (R.S,C,, 1985, c. 44 [4th Supp]), on the Recipient's behalf is compliant with that Act
and has not irece:ived, and will not receive, any payment, directly or indirectly, from the
Recipient that is in whole or in part contingent on the Recipient obtaining this Agreement.
Canada may waive any condition to Canada's benefit upon giving written notice to the
Recipient. Failure by either Party to exercise any of its rights, powers, or remedies under
the Agreement shall not constitute a waiver of such right, power, or remedy. Any exercise
of a right, power, or remedy shall not prevent the Minister in any way from later exercising
the same or any other right, power, or remedy under this Agreement.
This Agreement shall be governed by, and is to be interpreted in accordance with, the
applicable federal laws and the laws in force in the Province of New Brunswick.
611all Ue bL311L IH WHUlly Ul UY ally Ff]eL[IUU U1 LeltjL;U1llfTlUfl1UdUUrl, dl1U Uf1lid" HUM
the contrary is given, shall be, addressed to the Party concerned at the following
address;
To Canada:
Director General
Programs Directorate
Pan -Canadian Framework Implementation Office
Environment and Climate Change Canada
200, Boulevard Sacr6-Cceur
Fontaine Building
Gatineau, QC
K1A OH�3
To the Recipient:
Common Clerk
City Hall
15 Market Square
P.O. Box 1971
Saint John, NB
E2L 1 E8
or to such other address or addressed to such other person as one of the Parties
designates in writing to the other Party.
b) Notices, requests, and documents are deemed to have been received if sent by
registered mail when the postal receipt is acknowledged by the other Party, by
electronic mail when transmitted and receipt is confirmed, and by messenger or
specialized courier agency when delivered.
If any provision of this Agreement is determined to be: invalid or unenforceable, in whole or
in part, by a court of competent jurisdiction, such invalidity or unenforceability shall not
affect the remaining terms or provisions of this Agreement.
This Agreement comprises the entire agreement between the Parties. No prior document,
negotiation, provision, undertaking, or agreement in relation to the subject of the
Agreement has legal effect, unless incorporated by reference into this Agreement. No
representation or warranty expressed, implied, or otherwise, is made by Canada to the
Recipient except as expressly set out in this Agreement.
The Parties' rights and obligations which, by their nature, extend beyond the expiry or early
termination of this Agreement shall survive the expiry or early termination until such a time
as they have been satisfied or they have, by their nature, expired.
This Agreement or any payment, rig,hts, or obligations thereunder, shall not be assigned, in
whole or in part, without the prior written consent of the Minister, Any assignment made
without such prior written consent is void and of no effect.
Agreement,
38.2 The Recipient shall acknowledge Canada's contribution in afl sigage and public
communication produced as part of the Project or Agreement, in a manner acceptable to
Canada, unless Canada communicates in writing to the Recipient that this
acknowledgement is not required.
38.3 The Recipient acknowledges and agrees that the following may be made publicly available
by or on behalf of Canada:
a) its name, the amount provided by Canada, and the general nature of the Project; and
b) any evaluation or audit report and other reviews related to this Agreement.
9VINEFTIT99MEBMW
This Agreement, including its schedules may be amended from time to time on written
agreement of the Parties by their respective authorized representatives or as otherwise
provided for herein,
IN WITNESS WHEREOF the Parties' duly authorized representatives have executed this
Agreement:
i
HER MAJESTY THE QUEEN IN RIGHT
OFCNAD
Director General
Programs Directorate
Per� Don Darling
Mayor
Date Date
01 11 11
LWI!!IllllllliiiALOINIKL4MO i
Eligible Expenditures must:
i) be reasonable and directly related to the Project, as determined by Canada;
ii) be incurred and paid between the Effective Date and the Final Claim Date; and
iii) consist of the following categories of expenditures:
a) costs of acquiring, constructing, rehabilitation and improvement of Assets;
b) costs of material and supplies;
c) professional fees for contracted services, such as accounting, communications, offiicial
languages translation, audit, GHG emission reductions and energy savings estimate
verification, and results monitoring, measuring and reporting;
d) costs of planning and assessment, such as surveying, engineering, architectural
supervision, testing, and management consulting services. Canada will only contribute up
to a maximum of 5% of its total contribution to the Project towards these costs;
e) all capital costs, including site preparation and construction costs, only once Canada is
satisfied that Canada's obligations, if any, related to applicable federal environmental
assessment or impact assessment legislation and agreements between Canada and
Indigenous groups, and the legal duty to consult with, and accommodate, Indigenous
groups have been met;
f) costs of performing activities related to the Project by contractors;
g) costs associated with licenses and permits;
h) costs of renting or leasing of equipment related to the construction of the Project;
i) training costs related to new technologies, equipment, software and systems-,
j) costs of engineering and environmental reviews, including costs related to an
environmental or impact assessment, and the costs of mitigation measures, follow-up, and
remedial activities identified in any environmental or impact assessment;
k) costs related to the consultation of Indigenous groups, specifically Project -related
consultation activities arising as a result of the Government of Canada's legal duty to
consult, where applicable;
1) the incremental! costs of the Recipient's employees may be included as Eligible
Expenditures, Canada will only contribute up to a maximum of 2% of its total contribution
to the Project towards these costs provided that:
I . the Recipient is able to demonstrate that it is not economically feasible to tender a
Contract and clearly demonstrate that there is value for money in using internal
employees;
2. the employee is engaged directly in respect of the work that would have been the
subject of the Contract; and
1 the arrangement is approved in advance and in writing by Canada.
m) costs directly associated with joint federal communication activities (e.g. press releases,
press conferences, translation) and with Project signage related to funding recognition;
n) travel expenditures (including the cost of accommodations, vehicle rental and kilometric
rates, bus, train, airplane or taxi fares, allowances for meals and incidentals). Canada will
only contribute up to a maximum of 5% of its total contribution to the Project towards these
costs. Of note, travel and per them expenses cannot be more than the rates and
allowances determined in the Travel Directive of the National Joint Council;
o) provincial/territorial sales tax, goods and services tax, or harmonized sales tax for which
the Recipient or a Third Party is not eligible for a rebate, and any other costs that are
ineligible for rebate; and
p) other costs that, in the opinion of Canada, are considered to be direct and necessary for
the successful implementation of a Project and have been approved by Canada in writing
prior to being incurred.
a) any Costs, as defined in Subsection 2.2 of the Agreement;
b) expenditures related to developing a business case or proposal for funding;
c) any expenditures related to a Contract signed prior to the Effective Date of the Agreement;
d) expenditures, related to purchasing land, buildings and associated real estate and other fees,
and vehicles;
e) financing charges and interest payments on loans, including those related to easements and
servitudes (e,g. surveys);
f) legal fees;
g) costs of renting or leasing of equipment, except those specified as Eligible Expenditures;
h) furnishing and non -fixed Assets which are not essential for the operation of the Project;
i) expendit�ure:s associated with operating expenses and regularly scheduled maintenance wo
j) any goods and services wNch are received through donations or in-kind contributions;
k) any overhead costs, including salaries and other employment benefits of any employees of
the Recipient, direct or indirect operating or administrative costs of the Recipient, and more
s,pecificalIy the costs related to planning, engineering, architecture, supervision, management
and other activities normally carried out by its staff, except for those costs specified as Eligible
Expenditures in Schedule A. 1 iii. d) and I) above;
1) all capital costs, including site preparation and construction costs, until Canada is satisfied
that Canada's obligations, if any, related to applicable federal environmental assessment or
impact assessment legislation and agreements between Canada and Indigenous groups, and
the legal duty to consult with, and accommodate, Indigenous groups have beed
m) provincial/territorial sales tax, goods and services tax, or harmonized sales tax for which the
Recipient or a Third Party is eligible for a rebate, and any other costs eligible for rebatesi,
The Municipal Retrofit Project wil resuilt in reduced greenhouse gas (GHG) emissions, by reducing
energy consumption in several City of Saint John, New Brunswick municipal buildings througih
controls upgrades, light -emitting diode (LED) retrofits and control, heat recovery, high efficiency
heat, ventilation and air conditioning (HVAC) systems and several other energy measures and
opportunities, such as building envelop improvement, installation of high efficiency motors and
pumps, renewable energy sources, energy monitoring systems, measurement and verification
plan, staff training, etc.
The buildings slated for retrofits and subject to GHG reduction measures include the following:
BuAilding
Building Name
----------.--- ----
---------
Civic Address
.. .... ..... ......
East Garage
525 McAllister Drive
Main Garage
.... .. . . . . . ... ................. .
175 Rothesay Avenue
West Garage
1954 IManawagonish Rd
�Peel Plaza Parking Garage
. . . ................
75 Carleton Street
Eastern Wastewater Treatment Facility
441 Red Head Road
Millidgeville Wastewater Treatment Facility
700 Woodward Avenue
. ........... . . ............. .. .....
Lancaster Wastewater Treatment Facility
1210 Sand Cove Road
Carpenter Place Lift Station
. . . .......
1608 Saint John Throughway
Churchill Boulevard Lift Station (2 Floors)
.............. ..
283 Samuel Davis Drive
Market Place Lift Station(2 Floors)
.... .. .. . ..... . ......
240 Market Place
. ........
Lornevil�le Lift Station (2 Floors)
....
801 Lornevill::e Road
Bayside Drive Lift Station 3
20 Irving Road East
Parks Street Pumping Station
I Mitchell Street
Spruce Lake Pumping Station
. .. ............
2528 Ocean Westway
Musquash Pumping Station
1107 Route #7
Champlain Heights Pump Station
784 Loch, Lomond Road
University Avenue Pump Station
399 University Avenue
Somerset Street Pump Station
510 Somerset Street
Rockwood Park Water Tank
420 Fisher Lake Drive
Millidgeville Water Tank
707 Samuel Davis Drive
............ .. ..... . .
PRV 109 (Kennebecasis Drive)
. .. .. ........
1244 Kennebecasis Drive
Thorne Pumping Station
Thorne Avenue
.. . ............
Fire Station #1
47 Leinster Street
Fire Station #2
11 . ..... . .......
850, Loch Lomond Road
Fire Station #4
36 Courtenay Avenue
Fire Station #5
35 Adelaide Street
Fire Station #6
286 King Street West
Fire Station #7
7 Manchester Avenue
. ..............
Fire Station #8
608 Millidge Avenue
Opperation Complex and City Hall
175 Rothesay Avenue and 15
Market Square
Police Headquarters and City Market
1 Peel Plaza and 47 Charlotte
. .. ...... . ..... .
Transit Building
55 MacDonald Street
Canada Games Aquatic Centre
5,0 Union Street
Peter G. Murray Arena
701 Dever Road
Hilton 'Belv'e'a'Arena
]""39OLowe-1-1-S-t"r"ee-t----------
Harbour Station
Leisure Services Offices, - 171 Adelaide Street
Carnegie Building
West Library - 621 Fairville Blvd., Lancaster Mall
Ornamental Street Lights
Various Parks (Victoria, Rainbow, Rockwood, Dominion, Flemming, etc.)
.. .. ..... . ... .......... ... . .... .
Forest Hills Bal Ifiel d/Can teen - 651 Westmorland Road
Market Square Facility
This Project includes the following main milestones:
1. Energy consultant team engaged through a public request for proposal process to perform the
following assessments and evaluations (December 2019)
• Full inventory of energy consuming systems across targeted buildings
• Allocation of existing energy usage as compared to utility baselines
• Identification of energy waste
• Development of energy conservation measures including costing and approximate
construction timelines
2. Energy conservation measures for implementation evaluated and identified by City staff
(project team) in cooperation with the energy consultant team (December 2019).
0 Assembly of all energy conservation measures identified across all target buildings,
a Evaluation of energy conservation measures using the following factors
• Alignment with asset management policy and capital investment policy
• High risk assets using adopted risk rating framework to identify these assets
• Level of impact on service to public and environmental effects
0 Net present value of asset renewal
0 Greenhouse gas emissions impact
3. Implementation to be completed in cooperation between the City staff, energy consultant team,
and contractor, selected through public tender process (February 2022).
0 Production of engineering documents including plans and specifications for all selected
energy conservation measures
a Tendering of engineering plans and specifications to, ensure cost effectiveness of
construction work
9 Award of projects to contractors
0 Construction management to ensure proper implementation of projects
0 Commissioning plan will be developed and executed according to the American Society of
Heating, Refrigerating and Air Conditioning Engineers (ASHRAE) Standard 202-2013
• Develop and implement preventative maintenance programs to ensure subsystems are
operating as per the manufacturer recommendations and to reduce unplanned
expenditures
An energy management and tracking system will be put in place, to manage the building's
energy performance.
0 Educate and train staff on the new system.
Monthly presentations and reports on the performance of the buildings including any
deficiencies and recommended improvements.
This Project will result in GHG reductions in 2030 of 1,500 tonnes Of CO2.
Project Outcomes:
........ ........ .... .... . . .. ............. ..
Outcome 1: Total estimated domestic GHG reductions in tonnes of carbon dioxide equivalent
Project or activity
GHG Reductions in 2030
- - --u..._ - -
Cumulative GHG reductions
(tonnes CO2 eq.)
over the Project lifetime up to
.. .........
..
2050 (tonnes CO'2 eq.)
Municipal Retrofit Project
............
1,,500
47,690
. ...... ...
Outcome 2: Total estimated energy savings in gigajoules, if applicable
Project activity
Energy savings in 2030
. . .......... -- ---------
Cumulative energy savings
(gigajoules)
over the Project lifetime up to
2050 (gigajoules)
Municipal Retrofit Project
. .........
1 20,940 639,9501
Outcome 3: Estimated full -time -equivalent
jobs created in each fiscal year by the implementation
of the Project
Indicator
. .. ..... .... .
2018,-2019
2019-,2020 2020-2021
2021-202
. . ........
, I --
iota. 1 cuimu:lative
Number of jobs created
. . . . ........
5,
25
25
. . ......
25
80
Outcome 4: Other applicable benefits associated with the Prefect, as applicable
Other benefits
Description o f how the Project is achieving or expects to
achieve this co -benefit
Environmental: improvement to air
..... ... . . ........
The Municipai Building Energy Retrofit Project is considered a
quality and/or reduction of air
catalyst in reducing corporate GHG emissions. The implementation
pollution
of this Project will help improve the air quality and reduce air pollution
through the displacement of existing fossil fuel usage. The city
suffers a poor air quality as a result of large industries emitting air
pollution.
Clean Growth: Project has the
The City of Saint John was one of the first Canadian municipalities to
potential for replicable or enables
embark on creating an energy efficiency program. The City has
similar projects to be undertaken
received many regional and national awards for its energy efficiency
in Canada in the future.
program and has helped many municipalities across Atlantic Canada
in the past to undertake such an initiative. The City will continue to
share its lessons learned and information regarding the energy
retrofits and how these projects could be models for other
communities to replicate. The City through the asset and energy
management department will hold presentations, workshops, and
provide Key Performance indicators (KPls) through public monitoring
systems to engage the public and other communities,
0 1 .
EXPENDITURES l FISCAL YEAR BREAKDOWN
....
REQUEST2p18-21J19
... . . .
FUNDING TOTAL 2018-20 - 1 9 - 2 , 0 1 9- , 20 11 2 1 0 2Q201 -2Q21 L2021-2022
Total Project expenditures
.-.�
7 . . .... 4 �
Total Eligible 7' $5,367,200 $0 �60: 3 2O $2,705,226 $2,058,5,54
Expenditures
Total Ineligible $127,730 SSI) S0 $127,730
Expenditure
.. ... ..... ..
Total of All $5,494,930 $0 $6013,420 $2,705,226
Expenditures
Canada's contribution, pertaining to each Fiscal Year
Uncapped Eligible $2,042,880 'SO $229,368 $1,027,990 $785,522
Expenditures
Eligible planning $104,000, $o $12,000 $54,1010 $37,900
expenditures
(capped at 5% of
Canada's
contribution)
. . . ............
Eligible $0 $0 $o $0 $0
incremental
employee
expenditures
(capped at 2% of
Canada's
contribution)
Eligible travel $0 $0 $o 1 $o $0
expenditures,
(capped at 5% of
Canada's
contribution)
Total Canada's $2,146,880 $0 $241,368 $1,082,090 $823,,422
contribution
toward Eligible
Expenditures
pertaining to each
Fiscal Year
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The progress report shall include, at a minimum, the following information for the Project.
Canada reserves the right to request additional information at any time.
a) Updates to all sections of Schedule B.
Section CA. . Workiplan, Progress, and Risk Mitigation
a) Applicant Name;
b) Title of the Project;
c) Fiscal: Year of Project progress report-,
d) Description of the Project progress and major achievements to date;
e) Detailed description of the activities undertaken and work completed for the reporting Fiscal
Year;
f) Progress of actions/work towards, completion
g) Detailed description of the actions/work to be completed in each of the future Fiscal Years;
h) Issues, areas of concern, changes or risk factors that may affect completion,, the schedule or
the budget of the Project, if applicable, as per original plans and the proposed mitigation
strategies to correct the situation;
i) If relevant, updated !status of the implementation of mitigation measures, activities and follow-
up measures that are required to be performed during the Project implementation as a result
of consultations with Indigenous peoples, organizations, governments, or communities;
j) If the Project required environmental or impact assessments, permits, or authorizations,
provide an update on activities taken to comply;
k) Updated status of non -greenhouse gas environmental monitoring and verification
requirements related to the Project, if relevant, both expected and unexpected, and the
conditions proposed to address these concerns;
1) Confirmation of federal signage installation, if applicable;
m) Highlights of communication activities of the Project during the reporting period;
Section C.1.3: Project Outcomes
a) Description of the methodology and assumptions included in the original proposal for
estimating greenhouse gas (GHG) emissions reductions and, if applicable, energy savings;
b) Table summarizing the calculations included in original, proposal for estimating GHG
emissions reductions and, if applicable, energy savings;
c) Updated monitoring, reporting, and verification plan, describing key indicators, measurement
approach, and data collection and retention approach;
d) Updated GHG emissions reductions and, if applicable, energy savings, estimates with
updated data on performance indicators, accounting for any revisions in assumptions and
calculations;
e) Issues, areas of concern, changes or risk factors that may affect GHG outcomes, if
applicable, as per original plans and the proposed mitigation strategies to correct the
situation;
f) Updated job creation!, estimates for the reporting Fiscal Year;
g) Updated description of other benefits with any additional information obtained; and
h) Supplementary supporting data, underlying assumptions, description of methodologies and
detailed information as required to explain changes to estimates made to Schedule B,
a) All information required under Schedule CA above.
b) A Certificate Compliance for Final Request for Payment completed in accordance with
Section 2 of Schedule D.
c) Lessons learned about how issues were addressed or solutions were found, or how program
parameters could be modified in future programming.
0 41
410 11* OT,
■ a.-AgoinaRM32 K -
In the matter of the Challenge Funding Agreement Regarding [insert name of Project as in the
title of the Agreement on the first page of the Agreement] entered into between Canada and
[Recipient] (the "Recipient") on [insert date] (the "Agreement"').
1, (Name), of the City/Town of
Province/Territory of , declare as follows:
1. That I hold the position of Chief Financial Officer, or a delegated Financial Officer, with the
Recipient and as such have knowledge of the matters set forth in this Certificate and believe
this declaration to be true.
2. 1 have read and understood the Agreement and reviewed the attached progress payment
request prepared by the Recipient for submission to Canada, dated [insert date], and have
knowledge of the business and affairs of the Recipient and have made such examinations or
investigations as are necessary to give this Certificate and to ensure that the information
contained herein is true and accurate.
1 All the expenditures claimed by the Recipient in the attached progress payment request for
the following Project Components constitute Eligible Expenditures as defined in Subsection
2.2 of the Agreement:
a) [insert Project Component name);
4. This Certificate does not preclude Canada from exercising its right to verify, audit or inspect
in accordance with the Agreement.
5, As of the date of this Certificate, the Recipient has performed all covenants under the
Agreement that are required to be performed by it on or prior to the said date.
6. Incremenitality, as defined in Subsection 2.2 of the Agreement, has been respected.
7. The Recipient hereby represents and warrants that the information provided to Canada is
true and accurate in all respects at the date of this Certificate.
Dated, this day of 20
Signature
0 WINNF1101"
191"AW1.IMMIlIffs
In the matter of the Challenge Funding Agreement Regarding [insert name of Project as in the:
title of the Agreement on the first page of the Agreement] entered into between Canada and
[Recipient] (the "Recipient") on [insert date] (the "Agreement").
1, (Name), of the City/Town of
Province/Territory of , declare as follows:
1) That I hold the position of Chief Financial Officer, or a delegated financial officer, with the
Recipient and as such have knowledge of the matters set forth in this Certificate and believe
this declaration to be true.
2) 1 have read and understood the Agreement and reviewed the attached final request for
payment prepared by the Recipient for submission to Canada, dated [insert date], and have
knowledge of the business and affairs of the Recipient and have made such examinations or
investigations as are necessary to give this Certificate and to ensure that the information
contained herein is true and accurate.
3) As of the date of this Certificate, the Recipient has performed all covenants under the
Agreement that are required to be performed by it on or prior to that date.
4) All the expenditures claimed by the Recipient in the attached final request for payment for
the following Project Components constitute Eligible Expenditures as defined in Subsection
2.2 of the Agreement:
a) [insert Project Component name];.
b) [insert Project Component name];
5) The representations and warranties of the Recipient contained in Section 5 of the Agreement
are true and accurate in all respects at the date of this Certificate as though such
representations and warranties had been made at the date of this Certificate.
6) The Project Components outlined above have been completed, bringing to completion the
Recipient's Project.
7) This Certificate of Compliance does not preclude Canada from exercising its right to verify,
audit or inspect as per the terms and conditions of the Agreement,
8) Incrementality, as defined in Subsection 2.2 of the Agreement, has been respected.
9) The maximum Project funding set out in Paragraph 4a) of the Agreement has been
respected,
10) The Total Financial Assistance received for the Project is as follows:
Pi7clude all Total Financial Assistance received,l
111) The Recipient hereby represents and warrants that the information provided to Canada is
true and accurate in all respects at the date of this Certificate.
Dated, this day of �20
M=
1. Purpose
a) This Communications Protocol outlines the roles and responsibilities of each of the
Parties to this Agreement with respect to Communications Activities related to the Project.
b) This Communications Protocol will guide the planning, development and implementation
of all Communications Activities to ensure clear, consistent and coordinated
communications to the Canadian public.
c) The provisions of this Communications Protocol apply to all Communications Activities,
related to this Agreement and the funded Project under this Agreement.
2. Guiding Principles
Communications Activities undertaken in accordance with this Communications Protocol
should ensure that Canadians are informed of investments made to help improve their quality
of life and that they receive consistent information about the funded Project and its benefits,
3. Joint Communications
a) The Parties shall engage in Joint Communications about the funding of the Project.
b) Joint Communications related to the Project funded under this Agreement shall not occur
without the prior knowledge and agreement of the Parties.
c) All Joint Communications material approved by the Parties shall recognize the funding of
Canada and the Recipient.
d) Either Party may request Joint Communications to communicate to Canadians about the
progress or completion of the Project. The requester shall provide at least ten (110)
business days' notice to the other Party,
e) if the Communications Activity, is an event, it shall take place at a mutually agreed upon
date and location. The requestor of the Joint Communications, in this case, shall provide
an equal opportunity for the other Party to participate and choose their own designated
representatives.
f) Canada has an obligation to communicate in English and French. Canada's
communications products related to events must be bilingual and include the Canada
wordmark and the other party(ies')'s logos. In such cases, Canada will provide, at its sole
cost, the translation services.
g) The conduct of all Joint Communications will follow the respective communication policies
of both Canada and the Recipient
4. Individual Communications
a) Notwithstanding Section 3, of this Communications Protocol, the Parties retain the right to
meet their obligations to communicate information to Canadians about the Agreement
through their own Communications Activities.
b) The Parties may include general Project messaging and examples of Projects funded
through the Agreement in their own Communications Activities. The authoring Party will
not unreasonably restrict the use of such products or messaging by the other party(ies);,
and if web or social -media based, from linking to it.
c) Given the increasing prominence of digital communications, a Party may issue digital
communications to communicate progress of the Project.
d) Where a web site, web page, or social media content is created to promote or
communicate progress on a funded Project, it must recognize federal funding through the
use of a digital sign (using Low Carbon Economy Fund branding) or through the use of
the Canada wordmark and the following wording, "This, [project/initiative] is funded in part
by the Government of Canada." The Canada wordmark or digital sign (using Low Carbon
5. Operational Communications
a) The Recipient is solely responsible for operational communications with respect to the
Project, including but not limited to: calls for tender, work and public safety notices. Such
operational communications are not subject to the federal Official Language Act.
b) Canada does not need to be informed of operational communications. However, such
products should include, where appropriate, the following statement, "This
[project/initiative] is funded in part by the Government of Canada" and the Canada
wordmark.
6. Media Relations
Canada and the Recipient shall share information promptly with each other should significant
media inquiries be received or emerging media or stakeholder issues arise about a Project or
the overall (Program,
7. Signage
a) The Parties and other funding contributors may request a sign recognizing their funding
contribution to the Project. The sign design, content, and installation guidelines will be
provided by Canada.
b) 'Unless otherwise agreed by Canada, the Recipient shall produce and install a physical
sign, as appropriate:, to recognize the funding of each Party at each Project.
c) Digital signage (using Low Carbon Economy Fund branding) may also be used in addition
or in place of a physical sign in cases where a physical sign would not be appropriate due
to the Project type, scope, location or duration.
d) Where the Recipient decides to install a permanent plaque or other suitable marker with
respect to the Project, the plaque or marker must recognize the federal funding and be
approved by Canada.
e) The Recipient agrees to inform Canada of sign installations through the Progress Reports
referenced in Schedule, C of this Agreement,
f) Signage should be installed at the Project site(s) no less than one (1) month prior to the
start of work, be visible for the duration of the Project, and remain in place until one, (1)
month after work is completed and the infrastructure is fully operational or opened for
public use,
g) Signage should be installed in a prominent and visible location that takes into
consideration pedestrian and traffic safety and visibility.
8. Advertising Campaigns
Recognizing that advertising can be an effective means of communicating with the public,
Canada and the, Recipient may, at their own cost, organize an advertising or public
information campaign related to this Agreement or the Project. Such a campaign shall
respect the provisions of the Agreement, including the requirement to acknowledge the
Parties' funding and wordmarks. The sponsoring Party of such a campaign shall inform the
other Party of its intention at least twenty-one (21) business days prior to the campaign
launch,
title of the Agreement on the first page of the Agreement] entered into between Canada and
[Recipient] (the "Recipient") on [insert date] (the "Agreement"),
The Recipient, represented by
Name] Project (the "Project").
Dame), regarding the [Project
1, (Dame), of the City/Town of I
Province/Territory of a duly authorized representative of the Recipient
declare as follows:
I hold the position of with the Recipient and as such have
knowledge of the matters, set forth in this declaration and believe, this declaration to be
true.
2. 1 have received the following documents for the [Project Name] Project:
[List name of relevant dOCUrnent(s), e.g. Certificate of Compietion:, Certificate of
Performance, Occupancy Permit, etc.] signed by (Name), a
(Profession, e.g. professional engineer, professional architect
or other applicable professional) for the Project,
[Add same text as in (i) for each document)
Based on these documents and the representations made to me by the professionals
identified in Section 2(i) above, I declare to the best of my knowledge and belief that the
Project has, been completed, in that it can be used for its intended use, as described in
Schedule B. 1, as defined in this Agreement, on the day of the
20
[Insert #3, if applicableJ
1 1 have received the following documents and based on these documents and
representations made to me by the professionals identified below, I declare to the best of
my knowledge and belief that the Project conforms with, as applicable, the [List the
applicable environmental / impact assessment legislation: / regime):
[List name of relevant document(s)) signed by (Name), an
(Profession, e.g. environmental consultant or other applicable
professional).
[Add same text as in (i) for each dOCLIrnentj
4. AH terms and conditions of this Agreement that are required to be met as of the date of this
declaration have been met,
Declared at
(Province/Territory) this
Signature
— (City/Town), in
day of
20
u
u
of last signature (the "Effective Date"),
BETWEEN: HER MAJESTY THE QUEEN IN RIGHT OF CANADA, as represented by
the Minister of the Environment who is responsible for Environment and
Climate Change Canada ("Canada" or the "Minister")
AND THE CITY OF SAINT JOHN, incorporated by Royal Charter as confirmed
and amended from time to time by the Acts of the Legislative Assembly of
New Brunswick ("Recipient"),
The Government of Canada announced in Budget 20,16 and 2017 the Low Carbon
Economy Fund of $2 billion over five years to support provincial and territorial mitigation
action under the Pan -Canadian Framework on Clean Growth and Climate Change and work
towards transitioning Canada toward more sustainable economic growth and meeting or
exceeding the Government of Canada's target under the Paris Agreement, -
2. The Minister has established and is responsible for the Low Carbon Economy Challenge
("Program"), one of two funds under the Low Carbon Economy Fund-,
3. This Agreement supports the objectives of the Government of Canada of reducing
greenhouse gas emissions, transitioning to a low carbon economy and achieving clean
growth outcomes;
4, The Government of Canada's contribution will enable the Recipient to invest in projects that
will materially reduce carbon emissions under the Pan -Canadian Framework on Clean
Growth and Climate Change that contribute to Canada's first Nationally Determined
Contribution under the Paris Agreement, and support the advancement of new technologies
and Canada's long-term transition towards cleaner growth through the decarbonization of
the economy;
5. The Recipient has submitted to Canada a proposal for the funding of its Project as outlined
in Schedule B of this Agreement, which qualifies for support under the Program;
6. Canada wishes to provide a financial contribution to the Recipient towards the Eligible
Expenditures of the Recipient's Project in the manner and on the terms and conditions set
out in this Agreement;
NOW THEREFORE, in consideration of the mutual covenants, and agreements contained herein,
the Parties agree as follows:
The purpose of this Agreement is to establish the terms and conditions pursuant to which
Canada will provide funding to the Recipient towards the Eligible Expenditures of the
Project that is described in Schedule B.
For the purposes of interpretation:
a) words in the singular include the plural and vice -versa,
b) words in one gender include all genders;
c) the headings do not form part of the Agreement; they are for reference only and shall
not affect the interpretation of the Agreement„
d) any reference to dollars or currency shall be to Canadian dollars and currency; and
capitalized term has the meaning given to it in this Subsection
"Agiireement" means this funding agreement and all its schedules, and any amending
agreement entered into by the Parties in accordance with this Agreement.
"Agreement End Date" means September 30, 2022.
"Agreement Management Committee" means the committee established in accordance
with Subsection 6.2.
"Asset" means any real or personal property or immovable or movable property acquired,
purchased, constructed, rehabilitated or improved, in whole or in part, with funds
contributed by Canada under the terms and conditions of this Agreement.
"Asset Disposal Period" means the period commencing from the Effective Date and
ending five (5) years after the Project Completion Date.
"Communications Activities" include, but are not limited to, public or media events or
ceremonies including key milestone events, news releases, reports, web and social media
products o'r postings, blogs, news conferences, public notices, physical and digital signs,
publications, success stories and vignettes, photos, videos, multi -media content,
advertising campaigns, awareness campaigns, editorials, multi -media products, Joint
Communications and all related communication materials under this Agreement.
"Contract" means an agreement between the Recipient and a Third Party whereby the
Third Party agrees to supply a product or service related to the Project in return for
financial consideration.
"Costs,"' mean, for the purposes of Subparagraph 4.2 c) i, of the Agreement and Schedule
A.2 of the Agreement, any and all costs incurred by the Recipient in the implementation of
the Project associated with a withdrawn or cancelled Project, in whole or in part, including
Eligible Expenditures incurred by the Recipient up to the date of withdrawal' or
cancellation, ineligible expenditures as outlined in said Schedule A.2 of the Agreement,
and any other costs incurred by the Recipient associated with the withdrawal or
cancellation including legal, auditing or other professional expenses.
"Declaration of Completion" means a declaration in the form substantially prescribed in
Schedule F.
"Effective Date" means the date on which the last Party to sign this Agreement signed it.
"Eligible Expenditures" means those costs iincurred and paid by the Recipient between
the Effective Date and. Final Claim Date that are directly related to the Project and which
are considered eligible by Canada, as set out in Schedule A.1 of the: Agreement.
"Final Claim Date" means June 30, 2022,
"Fiscal Year" means the period beginning April 1 of a year and ending March 31 of the
following year.
"Incrementality" means that 1) federal funding received under the Program does not
displace the Recipient's spending on Project funded by the Program, and 2) greenhouse
gas (CHC) emissions, reductions would be achieved relative to existing, planned: or
announced programming where GHGs are already counted.
In -Kind Contribution" means non -monetary contributions of goods, services or other
support provided by the Recipient or to the Recipient for the Project, for which fair market
value is assigned but for which no payment occurs,
"Joint Communications" are events, news releases, and signage that relate to the
promotion of the Program and/or Project and are collaboratively developed' anti approved
by Canada and the Recipient, and are not operational in nature.
tnem.
"Program"' means the federal Low Carbon Economy Challenge, one of two funds under
the Low Carbon Economy Fund.
"Program Information Management System" or "System" means a secure, self-
contained, collaborative Web application developed and owned by Canada for the
management and monitoring of federal funding agreements, or any successor application.
"Project"' means the project outlined in Schedule B to this Agreement and approved for
funding by Canada prior to the signing of this Agreement, and includes any subsequent
changes to the Recipient's Project which may form part of this Agreement in accordance
with Subsection 4.5 of this Agreement.
"Project Completion Date" means the date upon which all funded activities of the Project
under this Agreement have been completed and performed, which date shall be no later
than March 31, 2022.
"Project Component" means any of the components of the Project that are described in
Schedule B.
"Third Party" means any person or other legal entity, other than a Party, who participates
in the implementation of the Project by means of a Contract.
"Total Financial Assistance" means, funding from all sources, including funding from the
Recipient and federal, provincial, territorial, and municipal governments as well as funding
from all other sources, including In -Kind Contributions.
2.3 SCHEDULES
The following schedules are attached to, and form part of this Agreement:
Schedule A — Eligible and Ineligible Expenditures
Schedule B — The Project
Schedule C — Reporting Requirements
Schedule D — Certificate(s) of Compliance for Payment Requests
Schedule E — Communications Protocol
Schedule F — Declaration of Completion
3. TERM OF THE AGREEMENT
This Agreement shall come into effect on the Effective Date and shall expire on the
Agreement End Date, unless it is terminated earlier in accordance with the terms of this
Agreement.
4. OBLIGATIONS OF THE PARTIES
4.1 CONTRIBUTION BY CANADA
a) Canada agrees to pay a contribution to the Recipient of not more than forty percent
(40%) of the total Eligible Expenditures for the Project but only up to a maximum of
one million, eight hundred and sixty seven thousand, ninty-two dollars ($1,867,092)1.
b) Canada shall pay the contribution in accordance with the terms and conditions of this
Agreement and the Fiscal Year breakdown in Schedule 13.2 of Schedule B.
c) If Canada's total contribution towards the Project exceeds forty percent (40%) of the
Project's total Eligible Expenditures or if the Total Financial Assistance received or
due in respect of the total Project costs exceeds one hundred percent (100%) thereof,
Canada may recover the excess from the Recipient or reduce its contribution by an
amount equal to the excess.
a) The Recipient is entirely responsible for the complete, diligent, and timely performance
of its obligations under this Agreement and implementation of the Project and shall
carry out the Project within the costs and deadlines specified in this Agreement, in
accordance with the terms and conditions of this Agreement,
b) The Recipient shall comply with all applicable federal and provincial/territorial laws and
regulations, municipal by-laws, orders and rules and all requirements of regulatory
bodies having jurisdiction over the subject matter of the Project.
c) The Recipient shall be entirely responsible for:
any Costs,
any cost overruns related'! to the Project,
iii. any costs associated with a change to the Project that is not approved by
Canada, and
iv. any costs related to the Project that do not meet the Incrementality.
d) The Recipient acknowledges that Canada's Program funding is not intended to replace
or displace existing sources of funding for the Project
e) The Recipient acknowledges that Canada's Program funding is, and remains the sole
source of funding from the Pan -Canadian Framework Programs for the Project.
f) The Recipient shall inform Canada promptly of the Total Financial Assistance received
or due for the Project.
g) The Recipient shall repay to Canada any amount received from Canada under this
Agreement that is not paid towards Eligible Expenditures, such as ineligible
expenditures as set out in Schedule Ato this Agreement, unexpended funding, and
overpayments made under this Agreement. The Recipient shall also repay to Canada
any amount received from Canada for Costs.
h) The Recipient shall ensure the ongoing operation, maintenance, and repair of any
Asset in relation to the Project as per appropriate standards, during the Asset Disposal
Period.
i) Canada may request that the Recipient declare to Canada any amounts owing to the
federal Crown, under legislation or contribution agreements that constitute an overdue
debt., The Recipient recognizes that any such amount owing is a debt due to the
federal Crown and may be subject to compensation or set-off by Canada in
accordance with Section 20,
j) If at any time during the term of this Agreement, the Recipient becomes aware of a
fact or event that may compromise or delay wholly, or in part, the Project, the
Recipient shall notify Canada and inform the Agreement Management Committee, if
established, within no more than ten (1 0) business days of becoming aware of that fact
or event.
k) Upon Canada's request during the term of the Agreement, the Recipient shall promptly
provide Canada with updates to the Project status and the Project expenditures and
forecasts set out in Schedule B.
1) The Recipient shall participate in the Agreement Management Committee, if
established in accordance with Subsection 6.2 of this Agreement,
rn) The Recipient shall provide access to Canada to the Project site(s) to conduct site
visits upon Canada giving the Recipient reasonable notice of the visit, which notice
shall not be less than thirty (30) days.
accorciance wan inis Agreement. t -or cianty purposes, notning in anis paragrapn aTTects
the Recipient's ability to claim credits or allowances that the Recipient may generate or
benefit from as a result of reduced compliance obligations under existing or planned
carbon pricing or cap -and -trade systems for GHG emissions,
Pursuant to section 40 of the Financial Administration Act (R.S.C. 1985, c. F-11), the
payment of monies under this Agreement is subject to there being an appropriation for the
Fiscal Year in which the payment is, to be made.
Notwithstanding any other provision of this Agreement, Canada may reduce or cancel its
financial contribution in the event of reductions in appropriations or departmen�tal funding
levels are changed by Parliament during the term of this Agreement, In the event that
Canada reduces or cancels its financial contribution the maximum amount payable
pursuant to Paragraph 4.1 a) of this Agreement shall be reduced accordingly. Canada
shall promptly advise the Recipient of any reduction or termination of funding once it
becomes aware of any such situation. Canada shall not be liable for any direct, indirect,
consequential, exemplary or punitive damages, regardless of the form of action, whether
in contract, tort or extracontractual liability, or otherwise, arising from any such reduction
*r termination of funding,
a) If the actual amount payable by Canada in respect of any Fiscal Year of the Project is
less than the estimated amount per Fiscal Year set out in Schedule B.2 of Schedule B,
the Recipient may request that Canada re -allocate the difference between the two
amounts to a subsequent Fiscal Year, Subject to Subsection 4. 3, Canada agrees to
make reasonable efforts to accommodate the Recipient's request, The Recipient
acknowledges that requests for re -allocation of Project funding shall require
appropriation adjustments or federal Crown approvals.
b) In the event that any requested re -allocation of Project funding is not approved', the
amount of Canada's contribution payable pursuant to Paragraph 4.1 a) may be
reduced by the amount of the requested re -allocation, If the contribution payable by
Canada pursuant to Paragraph 4A a) is so reduced, the Parties agree to review the
effects of such reduction on the overall implementation of the Project and to adjust the
terms and conditions of this Agreement as appropriate,
40 •
order to seek, Canada's approval, the Recipient shall notify Canada by submitting
Canada a written request for the proposed change to the Project. The Recipient shal
also provide to Canada information in support of the requested change within twenty
(20) days of the date of the Recipient's submitted request. I
c) The Recipient shall provide, at Canada's request and, to Canada's satisfaction, any
additional information related to the proposed change to the Project within the timeli
requested by Canada, which timeline shall be reasonable.
d) If Canada has approved a change to the Project and has determined that the change
is significant, the Parties' signatories to this Agreement shall sign a corresponding
amending agreement to this Agreement in order to give the change effect, If Canada
has approved a change and has determined that the change is minor in nature, the
representatives of the Parties identified in Section, 33 of the Agreement shall execute
a corresponding amending agreement to the Agreement to give the change effect.
4.6 INABILITY TO COMPLETE PROJECT WITHIN'ANTICIP'ATED PROJECT COSTS AND
FUNDING
provide a summary of the measures that the Recipient proposes to undertake to remedy
the shortfall. If Canada is not satisfied that the measures proposed shall be adequate to
remedy the shortfall, then Canada may, without limiting any other rights or remedies it may
have at law, exercise any one of the remedies listed in Section 16.
4.7 INABILITY TO COMPLETE PROJECT
If, at any time during the: term of this Agreement, one of the Parties determines that it will
not be possible to complete the Project for any reason, the Party having determined this is
the case shall immediately notify the other Party of that determination and Canada may
suspend its, funding obligation. The Recipient shall, within thirty (30) business days of a
request from Canada, provide a summary of the measures that the Recipient proposes to
undertake to remedy the situation, If Canada is not satisfied that the measures proposed
will be adequate to remedy the situation, then Canada may, without limiting any other
rights or remedies it may have at law, declare a default pursuant to Section 15.
4.8 CONDITION PRECEDENT
a) Condition(s)
The Recipient agrees that Canada has no obligation to make payments under this
Agreement unless and until:
i, the Recipient demonstrates, within forty-five (45) business days of the
Effective Date of this Agreement, that it has secured the funds necessary to
complete the Project.
b) Remedy
In the event that the Recipient is unable to meet the conditions set out in:
Paragraph 4.8 a), Canada may terminate this Agreement at any time. Canada shall not
be liable for any direct, indirect, consequential, exemplary or punitive damages,
regardless of the form of action, whether in contract, tort or extracontractual liability, or
otherwise, arising from the termination of this Agreement.
5. RECIPIENT REPRESENTATIONS AND WARRANTIES
The Recipient represents and warrants to Canada that:
a) the Recipient has the capacity and authority to sign this Agreement as duly authorized
by resolution of the Recipient's Common Council dated November 1,8, 2019;
b) the Recipient has the capacity and authority to carry out the Project;
c) the Recipient has the requisite power to own the Assets;
d) this Agreement constitutes a legally binding obligation of the Recipient, enforceable
against it in accordance with its terms and conditions;
e) all information submitted to Canada as set out in this Agreement is true, accurate, and
was prepared in good faith to the best of its ability, skill, and judgment;
f) any individual, corporation or organization that the Recipient has hired, for payment,
who undertakes to speak to or correspond with any employee or other person,
representing Canada on the Recipient's behalf, concerning any matter relating to the
contribution under this Agreement or any benefit hereunder and who is required to be
registered pursuant to the federal Lobbying Act, is registered pursuant to that Act;
g) the Recipient has not and will not make a payment or other compensation that is
contingent upon or is calculated upon the contribution hereunder or the negotiation of
the whole or any part of the terms and conditions of this Agreement to any individual,
or corporation or organization with which that individual is engaged in doing business
Kecipieni snaiu inTorm uanaaa immeoiaieiy it any sucn action
threatened or brought during the term of this Agreement; and
i) the Recipient is in good standing under the laws of the jurisdiction in which it is
required to be registered.
a) The Parties have an obligation to appoint a representative from their respective
organization for the ongoing administration of the Agreement.
b) Each Party shall notify the other of the appointment within thirty (30) days of the
Effective Date of the Agreement. Any change to the appointment shall be
communicated to the other Party in writing within thirty (30), days of the change.
c) The Recipient's representative, or their designated alternate, shall have decision-
making authority related to the Project and be available within no more than ten (101)
business days to provide Canada with information pertaining to the progress of the
Project, including Project activities, expenditures, communication events, and any
other relevant information as required under this Agreement.
Canada may, at its discretion, establish an Agreement Management Committee to monitor
this Agreement. The Parties shall use the terms of reference for the Agreement
Management Committee developed by Canada and each Party shall appoint a
representative from their respective organization to participate on the Agreement
Management Committee. Canada shall determine the mandate of the Agreement
Management Committee.
a) The Recipient shall ensure that Contracts are awarded in a way that is transparent,
competitive, consistent with value -for -money principles, or in a manner otherwise
acceptable to Canada, and if applicable, in accordance with the Canadian Free Trade
Agreement and international trade agreements.
b) If Canada determines that the Recipient has awarded a Contract in a manner that is
not in compliance with the foregoing, upon notification to the Recipient, Canada may
consider the expenditures associated with the Contract to be ineligible.
The Recipient shall ensure that all Contracts are consistent with, and incorporate, the
relevant provisions of this, Agreement, More specifically but without limiting the generality
of the foregoing, the Recipient agrees to include terms and conditions in all Contracts to
ensure that:
a) the Third Party shall keep proper and accurate financial accounts and records,
including but not limited to its contracts, invoices, statements, receipts, and vouchers,
in respect of the Project for at least six (6) years after the Agreement End Date and
that the Recipient has the contractual right to audit them;
b) all applicable labour, environmental, and human rights legislation are respected; and
c) Canada, the Auditor General of Canada, and their designated representatives, to the
extent permitted by law, shall at all times be permitted to inspect the terms and
conditions of the Contract and any records and accounts respecting the Project and
defined in section 2 of the Impact Assessment Act (IAA) and is not a "project" as defined in
section 81 of the IAA.
8.2 Canada's funding under this Agreement is conditional upon Canada being satisfied that
Canada's obligations, if any, under the IIAA and applicable agreements between Canada
and Indigenous groups are met.
MEMAIMM,
Canada's funding under this Agreement is conditional upon Canada meeting, any legal
duty to consult, and if applicable any obligation to accommodate Indigenous groups,
Canada may itself have in relation to the Project,
10. CLAIMS AND PAYMENTS
10.1 PAYMENT CONDITIONS
a) Canada shall not pay interest for failing to make a payment under this Agreement.
b) Canada shall not pay any claims submitted after the Final Claim Date, unless
otherwise accepted by Canada,
c) Canada shall not pay any claims until the requirements under Subsection 4.8, and
Sections 8 and 9, if applicable, are, in Canada's opinion, satisfied to the extent
possible at the date the claim is submitted to Canada.
d) Canada shall not pay any claims until the reporting requirements under Schedule C
are met and Canada has accepted the information, and any audit requirements, in
Section 12 and any communications requirements outlined in Schedule E are met at
the time the claim is submitted to Canada.
ztole] V ***X61 W-11 I tyl
a) In each Fiscal Year, the Recipient shall submit to Canada, at a minimum, unless,
otherwise agreed to by Canada, requests for payment on a quarterly basis covering
the Recipient's Eligible Expenditures in a format provided by and acceptable to
Canada. Each request for payment must include the following:
an appropriate Certificate of Compliance for Payment Requests in accordance
with Schedule D, regarding the claimed Eligible Expenditures. Each request
for payment and Certificate of Compliance for Payment Requests shall be
signed by the chief financial officer or delegated financial officer, designated in
writing by the Recipient, confirming that the claimed Eligible Expenditures
were incurred and paid-,
a breakdown of Eligible Expenditures claimed in the form provided by Canada,
and any supporting documentation, including detailed invoices and/or any
other documentation required for Eligible Expenditures claimed, that is
satisfactory to Canada; and
iii. any reporting due in accordance with Schedule C.
b) Canada shall make a payment upon review and acceptance of a request for payment,
subject to the terms and conditions of this Agreement.
The Recipient shall submit a final claim; to Canada by the Final Claim Date covering the
Recipient's Eligible Expenditures in a form acceptable to Canada. The final claim must
Include:
10.4 FINAL ADJUSTMENTS
Upon receipt of the final claim, but before issuing the final payment, the Parties will jointly
carry out a final reconciliation of all claims and payments in respect of the Project and
make any adjustments required in the circumstances.
Canada may withhold up to twenty five percent (25%) of its contribution towards Eligible
Expenditures claimed under this Agreement. Any amount withheld by Canada shall be
released when the final adjustments have been completed under Subsection 10.4 and the
Recipient fulfills all its obligations under this Agreement.
E 0:0] W-11 MIN I mo
a) Prior to signing the Declaration of Completion, the Recipient shall request Canada's
written confirmation of the list of relevant documents that the Recipient shall provide
with its Declaration of Completion.
b) The Declaration of Completion must be signed by an authorized official of the
Recipient that is deemed acceptable by Canada, and it must list all relevant
documents that Canada deemed to be necessary in its written confirmation to the
Recipient,
a) The Recipient shall use the System, or any another process designated by Canada to
fulfill the obligations of the Recipient under this Agreement, including but not limited to
Sections 10, 11 and 12.
b,) The System will be available to the Recipient in: both official languages and the
Recipient can report in the official language of its choice. Modifications and
improvements to the System shall be made by Canada at its own expense. Canada
hereby grants to the Recipient the right to use the System for the purposes herein
described. All intellectual property rights in the System vest in Canada.
c) Subject to Canada's approval, the Recipient may fulfill the requirements outlined in
this Subsection by using an alternate approach that may include a paper-based
documentation system.
11. REPORTING
a) The Recipient shall comply with and complete the Project and performance reporting
requirements outlined in Schedule C.
b) The Recipient shall submit a progress report to Canada on a semi-annual basis, at
minimum. Unless otherwise agreed to by Canada, the Recipient shall submit the first
report no later than October 30 covering the period from April 1 to September 30, and
a second report no later than June 30 covering the period from October 1 to March 31
in a format provided by and acceptable to Canada and in accordance with Schedule
CA.Canada reserves the right to request more frequent progress reporting, such as
quarterly reports, or any information relevant to the Project.
c) The Recipient shall submit to Canada a final report in a format provided by and
acceptable to Canada, with the final claim in accordance with Schedule C.2.
a) Canada may conduct periodic audits of the Recipient's compliance with the terms and
conditions of this Agreement, including without restriction, compliance with the
financial provisions, during the term of the Agreement and up to two (2) years after
the Agreement End Date. Canada may direct that an audit be carried out by an
independent accredited auditor or other representative appointed by Canada. The
Recipient shall cooperate with Canada's representatives, employees, or contractors
relative to any such audit, providing at no cost reasonable and timely access to the
Project sites, the Recipient's facilities, and any Project -related documentation for the
purposes of audit, evaluation, inspection and monitoring compliance with this
Agreement. Canada shall bear the costs of audits undertaken pursuant to this clause.
b) The Recipient agrees to inform Canada of any audit that has been conducted on the
use of contribution funding under this Agreement at the Project or IPirogram level, and
to provide Canada with all, relevant audit reports.
*IXTIFOUSYLIRIM
The Recipient acknowledges that the Auditor General of Canada may, to the extent
permitted by law and after notification to the Recipient, conduct an inquiry under the
authority of subsection 7.1(1) of the federal Auditor General Act respecting the Recipient's
compliance with the terms and conditions of this Agreement or an inquiry into the
Recipient's procedures to measure and report on performance with respect to this
Agreement. The Recipient shall cooperate with the Auditor General and his or her
representatives, employees, or contractors relative to any such inquiry and grant them
access to the Recipient's documents, records, and premises for purposes of any such
inquiry. The Auditor General may discuss any concerns raised in such an inquiry with the
Recipient and with Canada. The results may be reported to Parliament in a report of the
Auditor General.
WE MO
Without prejudice to Canada's right to exercise any remedy available by law or pursuant to
this Agreement as a result of a default on the part of the Recipient, where an audit of the
Recipient reveals an element of non-compliance with the terms and conditions of this
Agreement, or if the Recipient denies access to documents, records, or premises, or fails
to provide the necessary cooperation or assistance to conduct an audit, the Recipient may
be required to develop and provide Canada with a plan of corrective action within thirty
(30) days of receiving notice of the non-compliance. Such a plan must outline the
procedures to enact corrective measures that are acceptable to Canada, and must be
accompanied by a written undertaking on the part of the Recipient to implement the plan.
i WE =:110141 N 111114:4491M
The Recipient shall keep proper and accurate financial accounts and records, including
but not limited to its Contracts, invoices, statements, receipts, and vouchers, in respect of
the Project, for at least six (6) years after the Agreement Enid Date,
Canada may engage in an evaluation of the Program for the purposes of assessing its
continued relevance and impact. The Recipient shall cooperate with the work carried out
by Canada, its representative, employees, or contractors relative to any such evaluation
and agrees to provide Project -related information to Canada, at no cost to Canada, over
the term of this Agreement and up to one year after the Agreement End Date. Canada
shall pay the costs of evaluations undertaken pursuant to this Subsection. All evaluation
results may be made available to the public.
respect of claims tram any tnircl party in reiation to sucn rignts anci to tne Agreement.
c) The Recipient hereby grants to Canada a non-exclusive, unconditional, fully -paid and
royalty -free, perpetual, worldwide, and irrevocable licence to use and exercise all,
intellectual property rights in the Materials that vest in the Recipient under Paragraph
13, a) of this Agreement, for any public purpose except commercial exploitation in
competition with the Recipient. Canada's licence includes the right to use, produce,
publish, translate, reproduce, adapt, modify, disclose, share, distribute and broadcast
the intellectual property.
a) Notwithstanding any other provision of this Agreement, the Recipient shall preserve,
maintain, and use any Assets for the purposes of the Project, and shall not dispose of
any Asset during the Asset Disposal Period, unless the Recipient notifies Canada in
writing and Canada consents to the Asset's disposal.
b) Unless otherwise agreed to by Canada, upon alternate use, lease or disposal of any
Asset, including selling, encumbering or charging of an Asset, whether directly or
indirectly, during the Asset Disposal Period, the Recipient shall reimburse Canada, as
determined by Canada, in whole or in part, an amount of funds contributed by Canada
to the Asset under this Agreement,
iri
Canada may declare a default under this Agreement if any of the following events occur:
a) The Recipient has not complied with one or more of the terms or conditions of this
Agreement;
b) The Recipient has not completed the Project in accordance with the terms and
conditions of this Agreement;
c) the Recipient has submitted false or misleading information to Canada or has made a
false or misleading representation in respect of the Project or any matter related to this
Agreement, except for an error in good faith, demonstration of which is incumbent on
the Recipient, to Canada's satisfaction;
d) the Recipient has neglected or failed to pay Canada any amount due in accordance
with this Agreement;
e) the Recipient becomes insolvent, commits an act of bankruptcy, has a bankruptcy
order made against it, makes an assignment to the benefit of creditors, takes the
benefit of a statute relating to bankrupt and insolvent debtors, goes into receivership or
bankruptcy, ceases to actively carry on a business, or is wound up or dissolved.
16.1 If Canada declares an event of default has occurred, then Canada may, in addition to any
other remedy provided by law or pursuant to this Agreement, exercise one or more of the
following remedies-.
a) Where Canada determines that the Recipient's default is capable of cure and that a
delay for these purposes is appropriate, the Minister reserves the right to send a
written notice of default to the Recipient specifying a cure period of no fewer than
twenty (20) days from the date of the Recipient's deemed receipt of the notice and
requiring that the Recipient provide to Canada with proof of the cure within that delay;
If the Recipient fails to cure the default and provide Canada with proof of cure within
the specified period, Canada may give the Recipient written notice of termination of
this Aqreement, and require the Recipient to reimburse all or part of Canada's
b) Suspend the payment of any amount in respect of Canada's contribution, regardless
of whether the amount is owing prior to or after the date of such suspension; or
c) Immediately terminate this Agreement by means of a written notice of default and
termination given to the Recipient, and also to exercise any other remedy provided Iby
law that Canada deems appropriate, including requiring the Recipient to reimburse all
or part of the Canada's contribution disbursed, with interest, calculated in accordance
with the Interest and Administration Charges Regulations, from the date of demand
for reimbursement.
16.2 Notwithstanding this Section of the Agreement, the occurrence of an event of default listed
in Paragraph 15 d) shall automatically trigger a default under this Agreement, without any
further notice to the, Recipient.
17. TERMINATION FOR CONVENIENCE
At any time before the completion of the Project, Canada may, by giving notice in writing
to the Recipient, terminate this Agreement. The notice of termination shall give the
Recipient thirty (30) days' prior notice of the termination, Subject to the maximum amount
of Canada's contribution and the terms, conditions, and limitations of this Agreement,
Canada shall reimburse the Recipient for reasonable Eligible Expenditures incurred by the
Recipient for the purpose of the Project up until the end of the said notice period, including
any reasonable costs incurred related to the termination of the Agreement, The Recipient
shall cause any Contracts related to the Project, including employment Contracts when
feasible, to be on terms that will minimize its own cancellation costs and Canada's costs.
18. LIMITATION OF LIABILITY AND INDEMNIFICATION
18.1 DEFINITION OF PERSON
In this section, "Person" includes, without limitation, a person, the Recipient, a Third Party,
a corporation, or any other legal entity, and their officers, servants, employees, agents or
mandataries.
In no event shall Canada, its, servants, employees or agents be held liable for any
damages in contract, tort (including negligence), extracontractual liability or otherwise, for:
a) any injury to any Person, including, but not limited to, death, economic loss or
infringement of rights,
b) any damage to or loss or destruction of property of any Person, or
c) any obligation of any Person, including, but not limited to, any obligation arising from a
loan, lease or other long term obligation,
in relation to this Agreement or the Project.
The Recipient shall at all times indemnify and save harmless Canada, and its servants,
employees, and agents, from and against all actions, claims, demands, losses, costs,
damages, suits or other proceedings, whether in contract, tort (including negligence),
extracontractual liability or otherwise, by whomsoever brought or prosecuted in any
manner based upon or occasioned by:
a) any injury to any Person, including, but not limited to, death, economic loss or any
infringement of rights,
a) The Parties shall keep each other informed of any issue that could be contentious by
providing written notice as well as information relevant to the issue to the other Party.
The Parties shall, in good faith and reasonably, make best efforts to resolve the issue
and shall have twenty (20) business days following receipt of a notice during which to
examine and discuss the issue with a view to resolving it. Following the twenty (20)
business day period, the Parties shall have no more than fifteen (15) business days
during which to come to a decision with respect to the issue.
b) Any payments related to the issue in dispute shall be suspended, together with the
obligations related to such issue, pending resolution.
c) The Parties agree that nothing in this section shall affect, alter or modify the rights of
Canada to terminate this Agreement.
Without limiting the scope of the set-off or compensation rights available to the federal
Crown at common law or in the Civil Code of Q,u6bec (S, Q., 1991, c. 64), under the
Financial Administration Act (R.S.C., 1985, c. F-11) or otherwise, Canada may:
a) set-off or seek compensation against any portion of the contribution that is payable to
the Recipient pursuant to this Agreement, any amount that the Recipient owes to the
federal Crown under legislation or any other agreement of any kind; and
b) set-off or seek compensation against any amounts that are owed to Canada by the
Recipient, any amount that is payable by the federal Crown under legislation or any
other agreements of any kind to the Recipient,
Any amount owed to Canada under this Agreement by the Recipient shall constitute a
debt due to the federal Crown, which the Recipient shall reimburse to Canada forthwith on
demand.
Debts due to the federal Crown by the Recipient shall accrue interest in accordance with
the federal Interest and Administrative Charges Regulations (SOR/96-188).
Nothing contained in this Agreement creates or is to be construed as creating the
relationshiip of principal and agent, employer and employee, partnership or joint venture
between the Parties, The Recipient shall not represent itself (including in any agreement
with a third party), as an agent, employee, or partner of the Minister or in a manner that
could lead a member of the public to believe that the Recipient is an agent, employee, or
partner of the Minister.
24. CONFLICT OF INTEREST
The Recipient declares that individuals who are subject to the provisions of the Conflict of
Interest Act (S'.C. 2006, c. 9, s. 2), the Conflict of Interest Code for Members of the House
of Commons, the Conflict of Interest Code for Senators, the Conflict of Interest and Post -
Employment Code for Public Office Holders, the Environment and Climate Change
n._.._. — 111 __ - - A — °- - —_ _a_ LI_._. 4 /_1..._- _._.J S - - ! _ i - L_._ Li- - m. . L_ i: - e% -_L_- ........_u...
Nothing in this Agreement is to be construed as authorizing any person, including a Third
Party, to contract for or to incur any obligation on behalf of Canada or to act as an agent
for Canada. The Recipient shall take the necessary action to ensure that any Contract
between the Recipient and any Third Party contains a provision to that effect.
Subject to the Access to Information Act (R.S.C., 1985, c, A-1) and the Privacy Act
(R.S.C., 1985, c. P-21), all information pertaining to the contribution provided under this
Agreement is public information and may be disclosed to third parties upon request under
the relevant Act.
All public information, documents related to the Project prepared by or paid in whole or in
part by Canada must be made available in both official languages, when Canada Ih
determines that this is required under the Official Languages Act (R.S.C., 1985„ c. 31 [4
Supp]). Tout document d'information publique pr6par6 ou pay6 en tout ou en partie Ipar le
Canada ayant trait au projet Boit etre offert dans les deux langues officiell,es, lorsque le
Canada le juge pertinent, conform6ment 6 la Loi sur les langues officielles (L.R.C., 1985,
ch. 31 (4e SUppi,)).
This Agreement is drafted in English at the request of the Parties. Les Parties ont convenu
qlue le pr6sent accord snit r6dig6 en anglais.
The Recipient shall ensure that a person lobbying, as described in the federal Lobbying
Act (R.S.C., 1985„ c. 44 [4th Supp-]), on the Recipient's behalf is compliant with that Act
and has not received, and will not receive, any payment, directly or indirectly, from the
Recipient that is in whole or in part contingent on the Recipient obtaining this Agreement.
Canada may waive any condition to Canada's benefit upon giving written notice to the
Recipient. Failure by either Party to, exercise any of its rights, powers, or remedies under
the Agreement shall not constitute a waiver of such right, power, or remedy. Any exercise
of a right, power, or remedy shall not prevent the Minister in any way from later exercising
the same or any other right, power, or remedy under this Agreement.
KJjJMMKq0-"T aak, I I nes
This Agreement shall Ibe governed by, and is to be interpreted in accordance with, the
applicable federal laws and the laws in force in the Province of New Brunswick,
This Agreement is binding upon the Parties and their respective successors and assigns,
snail De sent in writing or ray ariy MULMU U1 1t!1UL;U11M1UH1Ud11V11, dHU U11MZ),Z> HULK
the contrary is given, shall be addressed to the Party concerned at the following
address:
101WITINT. ma.
Director General
Programs Directorate
Pan -Canadian Framework Implementation Office
Environment and Climate Change Canada
200 Boulevard Sacr6-Coeur
Fontaine Building
Gatineau, QC
K1 A OH3
To the Recipient:
Common Clerk
City Hall
15 Market Square
P.O. Box 1971
Saint John, NB
EL 1E8,
or to such other address or addressed to such other person as one of the Parties
designates in writing to the other Party.
b) Notices, requests, and documents are deemed to have been received if sent by
registered mail when the postal receipt is, acknowledged by the other Party, by
electronic mail when transmitted and receipt is confirmed, and by messenger or
specialized courier agency when delivered.
If any provision of this Agreement is determined to be invalid or unenforceable, in whole or
in part, by a court of competent jurisdiction, such invalidity or unenforceability shall not
affect the remaining terms or provisions of this Agreement,
This Agreement comprises the entire agreement between the Parties. No prior document,
negotiation, provision, undertaking, or agreement in relation to the subject of the
Agreement has legal effect, unless incorporated by reference into this Agreement. No
representation or warranty expressed, implied, or otherwise, is made by Canada to the
Recipient except as expressly set out in this Agreement.
36. SURVIVAL
The Parties' rights and obligations whiich, by their nature, extend beyond the expiry or early
termination of this Agreement shall survive the expiry or early termination until such a time
as, they have been satisfied or they have, by their nature, expired.
This Agreement or any payment, rights or obligations thereunder, shall not be assigned, in
whole or in part, without the prior written consent of the Minister, Any assignment made
without such prior written consent is void and of no effect.
3i8.2 The Recipient shall acknowledge Canada's contribution in all signage and public
comimunication produced as part of the Project or Agreement, in a manner acceptable tit
Canada, unless Canada c,ommuinic,ates in writing to the Recipient that this
acknowledgement is not required.
38.3, The Recipient ac�knowle:dges and agrees that the following may be made publicly availabile
by or on behalf of Canada,
a) its name, the amount provided by Canada, and the general nature of the Project; and
b) any evaluation or audit report and other reviews related to this Agreement.
This Agreement, including its schedules may be amended from time to time on written
agreement of the Parties by their respective authorized representatives or as otherwise
provided for herein.
.1r a^1 1 i i
]KIE1011111MOR
iffiffi
IN WITNESSWHEREOF the Parties" duly authorized representatives have executed this
Agreement:
HER MAJESTY THE QUEE�N IN RIGHT
OF CANADA
l5er:'8-6—rde Bijimine
Director General , Programs Directorate
Per- Don Darling
Mayor
Date Date
Per: Jonathan Taylor
Common Clerk
Eligible Expenditures must:
i) be reasonable and directly related to the Project, as determined by Canada;
ii) be incurred and, paid between the Effective Date and the Final Claim Date-, and
iii) consist of the following categories of expenditures:
a) costs of acquiring, constructing, rehabilitation and improvement of Assets;
b) costs of material and supplies;
c) professional fees for contracted services, such as accounting, communications, official
languages translation, audit, CHC emission reductions and energy savings estimate
verification, and results monitoring, measuring and reporting;
d) costs of planning and assessment, such as surveying, engineering, architectural
supervision, testing, and management consulting services. Canada will only contribute up
to a maximum of 5% of its total contribution to the Project towards these costs;
e) all capital costs, including site preparation and construction costs, only once Canada is
satisfied that Canada's obligations, if any, related to applicable federal environmental
assessment or impact assessment legislation and agreements between Canada and
Indigenous groups, and the legal duty to consult with, and accommodate, Indigenous
groups have been met;
f) costs of performing activities, related to the Project by contractors;
g) costs associated with licenses and permits;
h) costs of renting or leasing of equipment related to the construction of the Project;
i) training costs related to new technologies, equipment, software and systems;
j) costs of engineering and environmental reviews, including costs related to an
environmental or impact assessment, and the costs of mitigation measures, follow-up, and
remedial activities identified in any environmental or impact assessment;
k) costs related to the consultation of Indigenous groups, specifically Project -related
consultation activities arising as a result of the Government of Canada's legal duty to
consult, where applicable;
1) the incremental costs of the Recipient's employees may be included as Eligible
Expenditures, Canada will only contribute up to a maximum of 2% of its total contribution
to the Project towards these costs provided that:
I , the Recipient is able to demonstrate that it is not economically feasible to tender a
Contract and clearly demonstrate that there is value for money in using internal
employees;
2, the employee is engaged directly in respect of the work that would have been the
subject of the Contract; and
3. the arrangement is approved in advance and in writing by Canada.
m) costs directly associated with joint federal communication activities (e.g. press releases,
press conferences, translation) and with Project signage related to funding recognition;
n) travel expenditures (including the cost of accommodations, vehicle rental and kilometric
rates, bus, train, airplane or taxi fares, allowances for meals and incidentals). Canada will
only contribute up to a maximum of 5% of its total contribution to the Project towards these
costs. Of note, travel and per them expenses cannot be more than the rates and
allowances determined in the Travel Directive of the National Joint Council;
o) provincial/territorial sales tax, goods and services tax, or harmonized sales tax for which
the Recipient or a Third Party is not eligible for a rebate, and any other costs that are
ineligible for rebate; and
p) other costs that, in the opinion of Canada, are considered to be direct and necessary for
the successful implementation of a Project and have been approved by Canada in writing
prior to being incurred.
a) any Costs, as defined in Subsection 2.2 of the Agreement;
b) expenditures related to developing a business case or proposal for funding;
c) any expenditures related to a Contract signed prior to the Effective Date of the Agreement;
d) expenditures related to purchasing land, buildings and associated real estate and other fees,
and vehicles;
e) financing charges and interest payments on loans, including those related to easements and
servitudes {e.g. surveys);
f) legal fees;
g) costs of renting or leasing of equipment, except those specified as Eligible Expenditures;
h) furnishing and non -fixed Assets which are not essential for the operation of the Proj-
•- •
penditures associated with operating expenses and regularly scheduled maintenance work,
j) any goods and services which are received through donations or in-kind contributions;
k) any overhead costs, including salaries and other employment benefits of any employees of
the Recipient, direct or indirect operating or administrative costs of the: Recipient, and more
specifically the costs, related to planning, engineenng, architecture, supervision, management
and other activities normally carried out by its staff, except for those costs specifiedas Eligibla,
Expenditures in Schedule A. 1 HL d) and 1) above;
1) all capital costs, including site preparation and construction costs, until Canada is satisfied
that Canada's obligations, if any, related to applicable federal environmental assessment or
pact assessment legislation and agreements between Canada and Indigenous groups, and
the legal duty to consult with, and accommodate, Indigenous groups have been met; and
m) provincial/territorial sales tax, goods and services tax, or harmonized sales tax for which the
Recipient or a Third Party is eligible for a rebate, and any other costs eligible for rebates.
The City of Saint John will develop District Energy System (DES) at the Market Square facility
at 1 Market Square, Saint John, New Brunswick, (NB) to connect and provide renewable heating
and cooling to four buildings (Market Square, Genesys, Hilton Hotel and Canada Games Aquatic
Centre), The DES will use various energy sources such as heat recovery, waste energy as well
as geothermal and be designed to allow the connection of more buildings in the future. The DES
will utilize heat pump technology to harness energy recovery for distribution between the
connected sites and will result in GHG reductions in 2030 of 1065 tonnes of carbon dioxide
equivalent (eCO2Y
The key activities of this Project consists of the following:
1. Planning, design, and tender (Effective date to June 2021)
• Hire consultant to plan and design DES
• Finalize actual design
• Consultant prepares public tender package to hire contractor(s)
• Council approves contract(s)
• Project awarded to contractor(s)
2. Installation of Central Plant, including the purchase and installation by contractors and
manufactures (December 2019 to October 2021)
Heat recovery chillers
Isolation of thermal storage, cells from main loop heat exchange and pumps
m Electrical and controls for the new equipment
• Condenser water pumps and accessories for geo-exchange
• Cold and hot water mains
1 Connection of DES to the following buildings (September 2020 to March 2022)
• The Market Square, located at 1 Market Square, Saint John
• Hilton Hotel, located at 1 Market Square, Saint John
• Genesys, located at 50 Smythe St, Saint John
• Canada Games Aquatic Centre, located at 50 Union St, Saint John
Outcome 1: Total estimated domestic GHG reductions in tonnes of carbon dioxide equivalent
Project or activity GHG Reductions in 2030 Cumulative GHG reductions over
(tonnes CO2 eq.) the Project lifetime up to 2050
(tonnes CO2 eq.)
.. . .. . . ........ . . __ . ...... ... ... .. ... .....
District Energy System 4,1001 210,890
stimated energy savings in gigajoules�, ifapplicabit
[Outco,me 2: To -t -a-1 e
Project activity
Energy savings in 2030 Cumulative energy savings over
(gigajoules) the Project lifetime up to 2050
(gig ajo u I e,s
............
District Energy System93,790
. . ... ..................
4,924,070
. ........ . . . . ......
. ......... . ..
Outcome, 3: Estimated full -time -equivalent jobs created in each fiscal year by the implementation of
the Project
.. . ...... ..
Indicator 2015,2019 2019-2020 2020-2Total021 2021-2022 cumulative
Number of jobs created
NA 175 175 175 525
. .. . . . ... .. . . ...........
Outcome 4: Other applicable
. .. ................. .......
benefits associated with the Project, as applicable
Other benefits
Description of how the Project is achieving or expects to achieve this
co -benefit
... ...... . . ......
Environmental: improvement
1 This Project is seen as a catalyst in reducing community GHG emissions
to air quality and/or reduction'I
with an estimated reduction of over 560,000 tonnes of eCO2 over the
of air pollution
lifetime of the Project. The implementation of this Project will help improve
the air quality and reduce air pollution through the displacement of fossil
fuels. The City suffers from poor air quality as a result of large industries
i emitting air pollution. The long-term vision of the DES is to connect it to the
I irving Pulp and Paper plant in Saint J�ohn to recover industrial waste energy
i and use this thermal energy to heat future buildings that otherwise cannot
be heated if using geothermal or low temperature loop,
'Clean Growth: Project has
The City of Saint John was one of the first Canadian municipalities to
the potential for replicable or
embark on creating an energy efficiency program, The City has received
enables similar projects to,
many regional and national awards for its energy efficiency program and
be undertaken in Canada in
has helped many municipalities across Atlantic Canada in the past to
the future.
undertake such an initiative. The City will continue to share its lessons
learned and information regarding the DES and how this Project could be a
model for other communities to replicate. The City through the asset and
energy management department will hold presentations, workshops, and
provide Key Performance Indicators (KPIs) through public monitoring
systems to engage the pubfic and other communities.
Environmental: Adaptation to
The proposed DES will include a backup generator to ensure, continuous
climate change
heat/cool to customers, especially in case of power outages as a result of
climate change events such as flooding, ice storm or high intensity rain. In
addifion, the energy retrofit measures will take into consideration the impact
of climate change on the municipal building including the waste water
facilities, such as Solar Photovoltaics (PV) for power back up in case of
i emergency, roof structure to mitigate extreme weather events, etc. These
facilities could be used as, a shelter in case of emergency. The City asset
management policy has indicated that climate change will be considered on
any renewal or new assets.
L", . .. .. . ... ..... . .. .......... . ...... ... .. . ... . ...... . ...... ... ........ . .. ...... . . ... ... ... .. . ... ............. ... ......
EXPENDITURES 1 FISCAL YEAR BREAKCIU'V11'N
FUNDING TOTAL _. ..
REQUEST 2018-2019 � 2019-2020 202.0-2021 2021-2022
Total Project expenditures
Total Eligible $4,667,729 $0 $093,172 $1,991,143 $1,783,414
Expenditures
- -- - .... .....
Total Ineligible $212,171 $0 $110,212 $101,959 � $0
Expenditures
Total of All $4,879,900 $0 $1,003,384 $2,1193,102 $1,783,414
Expenditures
Canada's contribution pertaining to each Fiscal Year
Uncapped Elig339 406
$ible $1,178,400 0 $756,634 uu $682,360
Expenditures
Eligible planning $88,,6192 $0 $17,863 $39,823 $31,006
expenditures
(capped at 5% of j
Canada's
contribution)
Eligible $0 $0 $0 $0 $0
incremental
employee
expenditures
(capped at 2% of
Canada's
contribution)
Eligible travel $0 $0 l $0 $0 i $0
expenditures
(capped at 5% of
Canada's
contribution)
Total Canada's $1,867,492 $0 $357,269 $796,457 $713,366
contribution
toward Eligible
Expenditures
pertaining to each
Fiscal Year
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The progress report shall include, at a minimum, the following information for the Project.
Canada reserves the right to request additional information at any time.
Section C-1-1: Updated Schedule B
a) Updates to all sections of Schedule B.
a) Applicant Name;
b) Title of the Project-,
c) Fiscal Year of Project progress report;
d) Description of the Project progress and major achievements to date;
e) Detailed description of the activities undertaken and work completed for the reporting Fiscal
Year;
f) Progress of actions/work towards completion
g) Detailed description of the actions/work to be completed in each of the future Fiscal Years;
h) Issues, areas of concern, changes or risk factors that may affect completion, the schedule or
the budget of the Project, if applicable, as per original plans and the proposed mitigation
strategies to correct the situation;
i) If relevant, updated status of the implementation of mitigation measures, activities and follow-
up measures that are required to be performed during the Project implementation as a result
of consultations with: Indigenous peoples, organizations, governments, or communities;
j) If the, Project required environmental or impact assessments, permits, or authorizations,
provide an update on activities taken to comply;
k) Updated status of non -greenhouse gas environmental monitoring and verification
requirements related to the Project, if relevant, both expected and unexpected, and the
conditions proposed to address these concerns;
I) Confirmation of federal signage installation, if applicable;
m) Highlights of communication activities of the Project during the reporting period;
Section C.1.3: Project Outcomes
a) Description of the methodology and assumptions included in the original proposal for
estimating greenhouse gas (GHG) emissions reductions and, if applicable, energy savings;
b) Table summarizing the calculations included in original proposal for estimating GHG
emissions reductions and, if applicable, energy savings;
c) Updated monitoring, reporting, and verification plan, describing key indicators, measurement
approach, and data collection and retention approach;
d) Updated GHG emissions reductions and, if applicable, energy savings, estimates with
updated data on performance indicators, accounting for any revisions in assumptions and
calculations;
e) Issues, areas of concern, changes or risk factors that may affect GHG outcomes, if
applicable, as per original plans and the proposed mitigation strategies to correct the
situation,;
f) Updated job creation estimates for the reporting Fiscal Year;
g) Updated description of other benefits with any additional information obtained, and
h) Supplementary supporting data, underlying assumptions, description of methodologies and
detailed information as required to explain changes to estimates made to Schedule IB.
to request aacotionai intormation.
a) All information required under Schedule CA above.
b) A Certificate of Compliance for Final, Request for Payment completed in accordance with
Section 2 of Schedule D.
c) Lessons learned about how issues were addressed or solutions were found, or how program
parameters could be modified in future programming,
I m I :I ILI a -.4 gm I :M ItIcTs
In the matter of the Challenge Funding Agreement Regarding [insert name of Project as in the
title of the Agreement on the first page of the Agreement] entered into between Canada and
[Recipient] (the "Recipient") on [insert date] (the "Agreement"),
1, (Name), of the City/Town of
Province/Territory of , declare as follows:
1. That I hold the position of Chief Financial Officer, or a delegated Financial Officer, with the,
Recipient and as such have knowledge of the matters set forth in this Certificate and believe
this declaration to be true.
2. 1 have read and understood the Agreement and reviewed the attached progress payment
request prepared by the Recipient for submission to Canada, dated [insert date), and have
knowledge of the business and affairs of the Recipient and have made such examinations or
investigations as are necessary to give this Certificate and to ensure that the information
contained herein is true and accurate.
3, All the expenditures claimed by the Recipient in the attached progress payment request for
the following Project Components constitute Eligible Expenditures as defined in Subsection
2,2 of the Agreement:
a) [insert Project Component name];
b) [insert Project Component name];
4. This Certificate does not preclude Canada from exercising its right to verify, audit or inspect
in accordance: with the Agreement.
5. As of the date of this Certificate, the Recipient has per -formed all covenants under the
Agreement that are required to be performed by it on or prior to the said date.
6. Incrementality, as defined in Subsection 2,2 of the Agreement, has been respected.
7. The Recipient hereby represents and warrants that the information provided to Canada is
true and accurate in all respects at the date of this Certificate.
Dated, this day of 20
M=
In the matter of the Challenge Funding Agreement Regarding [insert name of Project as in the
title of the Agreement on the first page of the Agreement] entered into between Canada and
[Recipient] (the "Recipient") on [insert date] (the "Agreement").
1, (Name), of the City/Town of
Province/Territory of , declare as follows:
1 ) That I hold the position of Chief Financial Officer, or a delegated financial officer, with the
Recipient and as such have knowledge of the matters set forth, in this Certificate and believe
this declaration to be true.
2) 1 have read and understood the Agreement and reviewed the attached final request for
payment prepared by the Recipient for submission to Canada, dated [insert date], and have
knowledge of the business and affairs of the Recipient and have made such examinations or
investigations as are necessary to give this Certificate and to ensure that the information
contained herein is true and accurate.
3) As of the date of this Certificate, the Recipient has performed all covenants under the
Agreement that are required to be performed by it on or prior to that date.
4) All the expenditures claimed by the Recipient in the attached final request for payment for
the following Project Components, constitute Eligible Expenditures as defined in Subsection
2.2 of the Agreement:.
a) [insert Project Component name];
b) [insert Project Component name];
5) The representations and warranties of the Recipient contained in Section 5 of the Agreement
are true and accurate in all respects at the date of this Certificate as though such
representations and warranties had been made at the date of this Certificate.
6) The Project Components outlined above have been completed, bringing to completion the
Recipient's Project.
7) This Certificate of Compliance does not preclude Canada from exercising its right to verify,
audit or inspect as per the terms and conditions of the Agreement.
8) Incrementality, as defined in Subsection 2.2 of the Agreement, has been respected.
9) The maximum Project funding set out in Paragraph 41 a) of the Agreement has been
respected.
10) The Total Financial Assistance received for the Project is as follows:
tInclude all Total F-inancial Assistance received]
11) The Recipient hereby represents and warrants that the information provided to Canada is
true and accurate in all respects at the date of this Certificate.
Dated, this day of 20
61MEM
1. Purpose
a) This Communications ProtocoJl outlines the roles and responsibilities of each of the
Parties to this Agreement with respect to Communications Activities related to the Project.
b) This Communications, Protocol will guide the planning, development and implementation
of alit Communications Activities to ensure clear, consistent and coordinated
communications to the Canadian, public.
c) The provisions of this Communications Protocol apply to all Communications Activities,
related to this Agreement and the funded Project under this Agreement.
2. Guid�ing Principles
Communications Activities undertaken in accordance with this Communications Protocol
should ensure that Canadians are informed of investments made to help improve their quality
of life and that they receive consistent information about the funded Project and its benefits.
3. Joint Communications
a) The Parties shall engage in, Joint Communications about the funding of the Project.
b) Joint Communications related to the: Project funded under this Agreement shall not occur
without the prior knowledge and agreement of the Parties.
c) Ali Joint Communications material approved by the Parties shall recognize the funding of
Canada and the Recipient.
d) Either Party may request Joint Communications to communicate to Canadians about the
progress or completion of the Project, The requestor shall provide at least ten (10)
business days' notice to the other Party.
e) if the Communications Activity is an event, it shall take place at a mutually agreed upon
date and location. The requester of the Joint Communications, in this case, shall provide
an equal opportunity for the other Party to participate and choose their own designated
representatives.
f) Canada has an obligation to communicate in English and French. Canada's
communications products related to events must be bilingual and include the Canada
wordmark and the other party(ies')'s logos. In such cases, Canada will provide, at its, sole
cost, the translation services.
g) The conduct of all Joint Communications will follow the respective communication policies
of both Canada and the Recipient
4. Individual Communications,
a) Notwithstanding Section 3 of this Communications Protocol, the Parties retain the right to
meet their obligations to communicate information to Canadians about the Agreement
through their own Communications Activities.
b) The Parties may include general Project messaging and examples of Projects funded
through the Agreement in their own Communications Activities. The authoring Party will
not unreasonably restrict the use of such products or messaging by the other party(ies);
and if web or social -media based, from linking to it,
c) Given the increasing prominence of digital communications, a Party may issue digital
communications to communicate progress of the Project.
d) Where a web site, web page, or social media content is created to promote or
communicate progress on a funded Project, it must recognize federal funding through the
use of a digital sign (using Low Carbon Economy Fund branding) or through the use of
the Canada wordmark and the following wording, "This [project/initiative] is funded in part
5. Operational Communications
a) The Recipient is solely responsible for operational communications with respect to the
Project, including but not limited to: calls for tender, work and public safety notices. Such
operational communications are not subject to the federal Official Language Act.
b) Canada does not need to be informed of operational communications. However, such
products should include, where appropriate, the following statement, "This
[project/initiative) is funded in part by the Government of Canada" and the Canada
wordmark.
6. Media Relations
Canada and the Recipient shall share information promptly with each other should significant
media inquiries be received or emerging media or stakeholder issues arise about a Project or
the overall Program.
7. Signage
a) The Parties and other funding contributors may request a sign recognizing their funding
contribution to the Project, The sign design, content, and installation guidelines will be
provided by Canada.
b) Unless otherwise agreed by Canada, the Recipient shall produce and install a physical
sign, as appropriate, to recognize the funding of each Party at each Project.
c) Digital signage (using Low Carbon Economy Fund branding) may also be used in addition
or in place of a physical sign in cases where a physical sign would not be appropriate due
to the Project type, scope, location or duration.
d) Where the Recipient decides to install a permanent plaque or other suitable marker with
respect to the Project, the plaque or marker must recognize the federal funding and be
approved by Canada.
e) The Recipient agrees to inform Canada of sign installations through the Progress Reports
referenced in Schedule C of this Agreement.
f) Signage should be installed at the Project site(s) no less than one (1) month prior to the
start of work, be visible for the duration of the Project, and remain in place until one (1)
month after work is completed and the infrastructure is fully operational or opened' for
public use.
g) Signage should be installed in a prominent and visible location that takes into
consideration pedestrian and traffic safety and visibility.
8. Advertising Campaigns
Recognizing that advertising can be an effective means of communicating with the public,
Canada and the Recipient may, at their own cost, organize an advertising or public
information campaign related to, this Agreement or the Project. Such a campaign shalil
respect the provisions of the Agreement, including the requirement to acknowledge the
Parties' funding and wordmarks. The sponsoring Party of such a campaign shalli inform the
other Party of its intention at least twenty-one (21) business days prior to the campaign
launch.
.1, 1— -1 1 lu 1 1-1 - I --t, L.--1 ' � I'll 1
title of the Agreement on the first page of the Agreement] entered into between Canada and
[Recipient] (the "Recipient") on [insert date] (the "Agreement"),
The Recipient, represented Iby (Name), regarding the [Project
Narne] Project (the "Project").
1, (Name), of the City/Town of
Provincefferritory of a duly authorized representative of the Recipient
declare as follows:
1. 1 hold the position of with the Recipient and as such have
knowledge of the matters set forth in this declaration and believe this declaration to be
true.
2. l have received the following documents for the [Project Narne] Project:
[List name of relevant document(s), e.g. Certificate of Completion, Certificate of
Performance, Occupancy Permit, etc.] signed by (Name), a
(Profession, e.g. professional engineer, professional architect
or other applicable professional) for the Project.
li. [Add same text as in (i) for each document]
Based on these documents and the representations made to me by the professionals
identified in Section 2(i) above, I declare to the best of my knowledge and belief that the
Project has been completed, in that it can be used for its intended use, as described in
Schedule 5.1, as defined in this Agreement, on the day of the
20
flnsert #3, if applicableJ
3. 1 have received the following documents and based on these documents and
representations made to me by the professionals identified below, I declare to the best of
my knowledge and belief that the Project conforms with, as applicable, the [List the
applicable environmental / impact assessment legislation / regkne].,
[List name of relevant document(s)] signed by (Name), an
(Profession, e.g. environmental consultant or other applicable
professional).
[Add same text as in (i) for each document]
4. All terms and conditions of thi's Agreement that are required to be met as of the date of this
declaration have: been met,
Declared at
(Province/Territory) this
Signature
(City/Town), in
day of 20
FINANCE COMMITTEE REPORT
Report Date November 22, 2019
Meeting Date December 03, 2019
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: Low Carbon Economy Fund (LCEF) Agreement- District Energy System
(DES) Project
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
Kevin Fudge, Ian Fagan
and Neil Jacobsen
John Collin
RECOMMENDATION
It is recommended that the City enter into the Grant Agreement with Her
Majesty the Queen in Right of Canada, as represented by the Minister of the
Environment who is responsible for the Environment and Climate Change
Canada under the Low Carbon Economy Fund for the District Energy System
(DES) Project in the form and upon the terms and conditions as attached; and
that the Mayor and Common Clerk be authorized to execute the said Agreement
EXECUTIVE SUMMARY
The purpose of this report is to seek Common Council's approval to enter into
Grant Agreement with Her Majesty the Queen in Right of Canada, as
represented by the Minister of the Environment who is responsible for the
Environment and Climate Change Canada for the District Energy System (DES)
Project.
PREVIOUS RESOLUTION
NA
REPORT
In September 2018, City staff submitted a funding application to Environment
and Climate Change Canada under the Low Carbon Economy Fund (LCEF)
Challenge for the District Energy System (DES) Project.
01
-2 -
In June 2019, The City received a notification from Environment and Climate
Change Canada that the application was successful and the City of Saint John has
been approved for a grant in the amount of up to $ $1,867,092 or 40% of the
eligible cost toward the District Energy System (DES) Project.
As per the agreement, the DES project must be completed by March 31, 2022.
The LCEF will be used to develop a District Energy System (DES) at the Market
Square facility to connect and provide sustainable heating and cooling to four
buildings (Market Square, Genesys, Hilton Hotel and Canada Games Aquatic
Centre). The DES will use various energy sources such as heat recovery and
waste energy and be designed to allow the connection of more buildings in the
future such as new development in the coast guard site as well as other energy
sources such industrial waste energy and geothermal thermal (Harbour Water).
The DES will utilize heat pump technology to harness energy recovery for
distribution between the connected sites and will result in GHG reductions in
2030 of 1065 tonnes of carbon dioxide equivalent (eCO2). The Federal
Government has indicated the possibility in the future to extend the agreement
and completion date for additional funding to connect new and existing buildings
to the DES.
Description of the Major Phases of Work
The key activities of this Project consists of the following:
1. Planning, design, and tender
• Hire consultant to plan and design DES
• Finalize actual design
• Consultant prepares public tender package to hire contractor(s)
• Council approves contract(s)
• Project awarded to contractor(s)
2. Upgrade the Central heating/cooling Plant, including the purchase and
installation by contractors and manufactures
• Heat recovery chillers
• Isolation of thermal storage cells from main loop heat exchange and
pumps
• Electrical and controls for the new equipment
• Condenser water pumps and accessories for geo-exchange
• Cold and hot water mains
3. Connection of DES to the four buildings
• The Market Square, located at 1 Market Square, Saint John
• Hilton Hotel, located at 1 Market Square, Saint John
NQ
-3-
• Genesys, located at 50 Smythe St, Saint John
• Canada Games Aquatic Centre, located at 50 Union St, Saint John
Results
The proposed DES Project will result in the following benefits to the City:
• Reduce the City energy and operating cost by approximately $225,000
annually
• Reduce the City Infrastructure deficit by over $3 Million through
investment in asset renewal
• Reduce City Capital Expenditure by $1.2 Million
• Improve customer service and reliability of asset performance thus
minimizing risks associated with assets failure.
• Reduce GHG emissions by 1065 CO2 Tons
• Showcase the City of Saint John as an example of environmental and
economic sustainability
STRATEGIC ALIGNMENT
The DES Project is clearly aligned with the following City plans, policies, Council
Priorities, programs and practices:
1- City of Saint John Corporate GHG and Energy Action plan to reduce GHG
emissions by 30% by 2025 and achieve carbon neutral by 2040.
2- City of Saint John Asset Management Policy objectives to apply risk-based
decision and life -cycle costing principles to prioritize capital investment, identify
alternative measures, facilitate the leveraging of infrastructure funding from
external sources, and improve the reliability of customer service.
3. City of Saint John Capital Investment Policy
SERVICE AND FINANCIAL OUTCOMES
The City of Saint John will receive a total grant up to $ $1,867,092 or 40% of the
eligible cost toward the District Energy System (DES) Project. The total cost for
the project is approximately $4.7 Million with City contribution is approximately
$2.8 Million. Funding is approved under the Capital Budget 2020 and 2021 with
the remaining fund to be approved under 2022 Capital Budget.
he k here to enter text,
No
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INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
The City of Saint John Finance and Administrative Services and Legal
Departments have reviewed the attached Agreement and are satisfied with the
recommendation as they pertain to their respective areas of services.
ATTACHMENTS
1- Low Carbon Economy Fund Grant Agreement- District Energy System
(DES) Project
N-11
FINANCE COMMITTEE REPORT
Report Date November 26, 2019
Meeting Date December 03, 2019
Chairman David Merrithew and Members of Finance Committee
SUBJECT: RESERVE FUND
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Finance Committee.
AUTHORIZATION
Primary Author
Commissioner/Dept. HeadCity
Manager
Craig Lavigne
Kevin Fudge
John Collin
RECOMMENDATION
Staff recommends Common Council approve the transfer of:
• $120,000 to an Operating Reserve to cover the cost of finishing the City's
website project;
• $80,000 to the General Capital Reserve to fund a Solid Waste Pilot Project
• $290,244 to the General Capital Reserve to fund two Saint John Fire
projects (CAER Initiative and Industrial Hygiene);
• $1,334,500 to an Operating Reserve to cover the cost of the City's
restructuring plan;
EXECUTIVE SUMMARY
The Reserve Policy was approved by Common Council on December 11, 2017.
The purpose of the Reserve Policy is to address longer term funding strategies to
minimize debt servicing costs, address the infrastructure deficit, and mitigate the
effect of unanticipated events. Permitted uses of reserves according to the
Reserve Policy are:
1 Major unanticipated/unforeseen events;
2 Major Capital renewal;
3 Future Liabilities;
4 One time operating expenses which are greater than $100,000 and are
not part of the recurring operating budget;
5 Infrastructure deficit; and
6 Investment in growth opportunities.
In addition to the Reserve Policy, the City has to comply with the Provincial
Reserve Fund Regulation which prescribes that the establishment, funding and
r�%]
-2 -
withdrawal of Reserve funds can only be done through resolutions of Common
Council before the end of each calendar year.
In alignment with the City's Reserve Policy, this report includes
recommendations to transfer:
• $120,000 to an Operating Reserve to cover the cost of finishing the City's
website project;
• $80,000 to the General Capital Reserve to fund Solid Waste Pilot Project
• $290,244 to the General Capital Reserve to fund two Saint John Fire
projects (CAER Initiative and Industrial Hygiene)
• $1,334,500 to an Operating Reserve to cover the cost of the City's
restructuring plan.
To comply with the Provincial Legislation, Staff recommend that Common
Council approve the total amounts of contribution to and withdrawal from the
Reserves as detailed in the Schedule A included in this report.
PREVIOUS RESOLUTION
M&C 2018-350 — 2019 General Fund Capital Budget
STRATEGIC ALIGNMENT
The report align with Councils priorty of being more fiscally responsible by
ensuring decisions are in line with the strategic plans.
REPORT
The Reserve Policy was approved by Common Council on December 11, 2017.
The purpose of the Reserve Policy is to address longer term funding strategies to
minimize debt servicing costs, address the infrastructure deficit, and mitigate the
effect of unanticipated events. Permitted uses of reserves according to the
Reserve Policy are:
1 Major unanticipated/unforeseen events;
2 Major Capital renewal;
3 Future Liabilities;
4 One time operating expenses which are greater than $100,000 and are
not part of the recurring operating budget;
5 Infrastructure deficit; and
6 Investment in growth opportunities.
In addition to the Reserve Policy, the City has to comply with the Provincial
Reserve Fund Regulation which prescribes that the establishment, funding and
E:ii]
-3 -
withdrawal of Reserve funds can only be done through resolutions of Common
Council before the end of each calendar year.
Currently, the City has the following reserves:
• Operating Reserves:
1. General Operating Reserve
2. Growth Reserve
• Capital Reserves:
1. General Capital Reserve
2. Fleet Reserve —General Fund
3. Fleet Reserve — W&S Utility Fund
4. Computer Reserve
5. Utility Infrastructure Reserve.
The reserves have been managed in accordance with the Reserve Policy. During
the year, withdrawals from the reserves were approved by Council in advance on
a case by case basis and the reserves have been used for their intended
purposes.
Reserve for Restructuring Costs:
Staff brought a report to Finance Committee on November 27th recommending
that $1,334,500 from an adjustment in a benefit liability be transferred to the
Operating Reserve for restructuring with the balance of unused funds from the
restructuring reserve to be transferred to a benefit fluctuation reserve.
2019 Operating Budget reallocations:
During 2019 staff brought forward to both Finance Committee and Common
Council several recommendations to allocate funds from service area's operating
budget to reserves in order to proceed with initiatives in 2020.
The Information Technology department requested $120,000 be transferred
from their operating budget to an Operating Reserve in order to complete the
website project in 2020.
The Fire department requested a total of $290,244 be transferred from their
2019 operating budget to a Capital Reserve in order to move forward with the
CAER initiative and Industrial Hygiene projects in 2020.
Transportation and Environment requested a total of $80,000 be transferred
from their operating budget to the Capital Reserve in order to proceed with Solid
Waste Pilot Project.
E:1iI
-4 -
The following schedule summarizes the amounts of contribution made to and
withdrawal from each reserve account and the projected balance of each
account at the end of the year. It is important to note that the numbers in the
schedule below include estimates for November and December transactions and
an assumption that Council approves the above reserve recommendations.
Therefore, the final numbers can be different from the estimates.
"Schedule A"
Reserves
Opening Balance ($)
General Operating Reserve
4,181,508.87
Growth Reserve
464,580.24
General Capital Reserve
1,520,329.65
Fleet Reserve - General Fund
2,703,804.64
Fleet Reserve - Utility Fund
1,468,897.00
Computer Reserve
1,157,032.41
SCDW Utility Reserve
19,927,119.10
Utility Infrastructure Reserve
319,706.79
SERVICE AND FINANCIAL OUTCOMES
Transfers to ($) Withdrawals from ($) Ending Balance ($)
1,851,026.00
506,843.38
5,525,691.49
364,521.00
293,631.17
535,470.07
910,022.00
0.00
2,430,351.65
2,637,952.22
2,906,789.30
2,434,967.56
514,826.48
617,797.78
1,365,925.70
497,879.00
344,814.56
1,310,096.85
220,164.91
20,147, 284.01
0.00
7,104.00
0.00
326,810.79
This report is aligned with Common Council's approved Reserve Policy.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
Input has been received from other service areas.
ATTACHMENTS
N/A
E:3►
FINANCE COMMITTEE REPORT
M&C No.
i/ fOLM(t OfSh,1 ej)0iW
Report Date
December 03, 2019
Meeting Date
December 03, 2019
Service Area
Finance and
Administrative Services
His Worship Mayor Don Darling and Members of the Finance Committee
SUBJECT: Long-term Financial Plan Policy FAS -020
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Finance Committee
AUTHORIZATION
Primary Author
Commissioner/Dept. Head+Jcci
ty Manager
Dawn Arbour
Kevin Fudge
hnCollin
RECOMMENDATION
Be it resolved that:
1. Finance Committee recommends that Common Council approve the long-
term Financial Plan Policy FAS -020;
EXECUTIVE SUMMARY
It is recommended that Common Council approve the Long-term Financial Plan
Policy -FAS 020. The policy is a best practice for fostering a fiscally responsible
City and a key instrument in the development of a robust long-term Financial
Plan. Approval of this policy demonstrates Common Council's commitment to
strong financial management. This policy also lends support for future changes
in Common Council.
PREVIOUS RESOLUTION
N/A
REPORT
Long-term Financial Planning is essential for ongoing financial sustainability,
providing a consistent level of public services, and protecting taxpayers from
volatility in the tax rate. Common Council has made fiscal responsibility a main
strategic priority. Over the last few years Common Council has approved a series
of best practice financial policies that are designed to put the City on a
E:ic3
-2 -
sustainable path. The purpose of the Long-term Financial Plan policy is to
demonstrate the following:
a) Common Council's commitment to the Long -Term Financial Plan;
b) Common Council's commitment to adherence to best practice financial
policies;
c) Common Council's commitment to accountability to the taxpayer;
d) Common Council's commitment to the efficient use of resources and
strategic use of taxpayer funds; and
e) Common Council's commitment to meeting long-term financial goals to put
the City on a sustainable path.
Financial policies provide the "rules" that shape financial decisions. When
policies are effective they can enhance the financial health of governments. By
contrast, weak policies can create fiscal instability. The Long-term Financial Plan
policy improves financial governance by establishing a protocol for the regular
monitoring and tracking of the City's financial performance compared to the
plan. More notably, the policy demonstrates Common Council's commitment
to good fiscal management by requiring a vote of 2/3 of Common Council to
change any of the following approved financial policies:
a) FAS -001 Asset Management Policy;
b) FAS -002 Investment Management Policy;
c) FAS -003 Reserves Policy;
d) FAS -004 Operating Budget Policy;
e) FAS -005 Capital Budget Policy;
f) FAS -006 Debt Management Policy;
g) FAS -007 Wage Escalation Policy;
h) FAS -020 Long-term Financial Plan Policy;
i) FAS -021 Budget Monitoring Policy
Chc k here to enter text,
SERVICE AND FINANCIAL OUTCOMES
This report and recommendation are in alignment with best practices and will
support future strong fiscal management.
Chck here to enter text,
ATTACHMENTS: FAS 020 Long-term Financial Plan Policy
Evil
QR.
SAINTJOHN
Title: Long-Term Financial Plan Policy
Subject: Long-Term Financial Plan Policy
Category: Finance and Administrative Services
Policy No.: FAS-020
M&C Report No.:
Effective Date:
Next Review Date:
Area(s) this policy applies to: Cross Corporate
Office Responsible for review of this Policy:
Finance and Administrative Services
Related Instruments:
Policy Sponsors:
FAS-001 Asset Management Policy
Commissioner of Finance and Administrative Services
FAS-002 Investment Management Policy
FAS-003 Reserves Policy
FAS-004 Operating Budget Policy
FAS-005 Capital Budget Policy
FAS-006 Debt Management Policy
FAS-007 Wage Escalation Policy
FAS-021 Budget Monitoring Policy
Document Pages:
This document consists of 4 pages.
Revision History:
Common Clerk's Annotation for Official Record
Date of Passage of Current Framework:
I certify that this Policy was adopted by Common Council as indicated
above.
Common Clerk Date
Date Created:
Common Council Approval Date:
Contact:
Finance and Administrative Services
E:1'1
City of Saint John
LONG-TERM FINANCIAL PLAN POLICY(DRAFT) �pl
SAINT' JOHN
TABLE OF CONTENTS
1. PURPOSE AND CONTEXT..........................................................................................................3
2. POLICY STATEMENT...................................................................................................... 3
3. PRINCIPLES AND POLICIES.............................................................................................. 4
4. ROLES AND RESPONSIBILITIES....................................................................................... 4
86
z
City of Saint John
LONG-TERM FINANCIAL PLAN POLICY T
SAINT' JOHN
1. PURPOSE AND CONTEXT
This policy establishes key objectives with respect to financial governance and
demonstrates the following:
a) Common Council's commitment to the Long -Term Financial Plan;
b) Common Council's commitment to adherence to best practice financial
policies;
c) Common Council's commitment to accountability to the taxpayer;
d) Common Council's commitment to the efficient use of resources and strategic
use of taxpayer funds; and
e) Common Council's commitment to meeting long-term financial goals to put the
City on a sustainable path.
2. POLICY STATEMENT
2.1 The City of Saint John shall have a long-term financial plan;
2.2 Common Council shall have fiscal responsibility as a strategic priority;
2.3 Common Council shall be committed to ensuring there is strong financial
management rooted in financial best practices;
2.4 The Finance Committee will maintain long-term financial planning as their primary
goa I;
2.5 The City's long-term financial plan will put the City on a sustainable path going
fo rwa rd;
2.6 The long-term financial plan shall be anchored by strong corporate governance
and the development of financial policies;
2.7 The City's commitment to fiscal responsibility shall be be monitored through a
Financial Health Scorecard with targets that will be regularly measured and
reported to demonstrate accountability to the public.
3. PRINCIPLES AND POLICIES
3.1 Principles:
87
3
City of Saint John
LONG-TERM FINANCIAL PLAN POLICY T
CI
3.1.1 Maintain Financial Sustainability: The City of Saint John's ability to provide
and maintain planned service levels and infrastructure assets without
unplanned increases in rates or disruptive cuts to services;
3.1.2 Minimize Financial Vulnerability: The degree to which the City of Saint
John is dependent on external funding sources that it cannot control; it is
the level of risk that could impact the ability to meet existing financial
obligations and commitments, including the delivery of services;
3.1.3 Maximize financial Flexibility: The City of Saint John's ability to change
either debt levels or taxes to meet financial obligations and ensure
intergenerational equity.
3.2 Policy:
3.2.1 The Long -Term Financial plan shall adhere to the various targets set out in
the Council approved financial policies;
3.2.2 The Finance Committee will review the Long -Term Financial Plan on an
annual basis to:
a) Update forecasted numbers to actual results
b) Update assumptions in the plan that require change based on the
current fiscal environment;
C) Review the Financial Health scorecard to track the City's progress
compared to the plan for accountability;
3.2.3 Other than changes recommended by the Commissioner of Finance to
update a best practice, any change to any of the following financial policies
require
2/3 vote of Common Council:
a)
FAS -001 Asset Management Policy;
b)
FAS -002 Investment Management Policy;
C)
FAS -003 Reserves Policy;
d)
FAS -004 Operating Budget Policy;
e)
FAS -005 Capital Budget Policy;
f)
FAS -006 Debt Management Policy;
g)
FAS -007 Wage Escalation Policy;
h)
FAS -020 Long -Term Financial Plan Policy;
i)
FAS -021 Budget Monitoring Policy
ROLES AND RESPONSIBILTIES
4.1 Council shall:
88
4
City of Saint John
LONG-TERM FINANCIAL PLAN POLICY T
SAINT' JOHN
4.1.1 Approve the Long -Term Financial Plan Policy;
4.1.2 Any changes to the Policy shall require a 2/3 majority vote.
4.2 Finance Committee shall:
4.2.1 Recommend the Long -Term Financial Plan Policy to Common Council for
approval;
4.2.2 Review any changes to the Long -Term Financial Plan Policy in the future.
4.3 The Finance Commissioner shall:
4.3.1 Update the plan to reflect annual actual results and recommend
appropriate changes to assumptions and forecasts;
4.3.2 Recommend any changes to the Long -Term Financial Plan policy in the
future.
89
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9
I
FINANCE COMMITTEE REPORT
Report Date November 27, 2019
Meeting Date December 03, 2019
Chairman Councillor Merrithew and Members of Finance Committee
SUBJECT. Finance Committee 2020 General Fund Operating Budget. docx
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Finance Committee.
AUTHORIZATION
Primary Author
Commissioner/Dept. Head
City Manager
Craig Lavigne
Kevin Fudge
John Collin
RECOMMENDATION
It is recommended that the Finance Committee endorse the following
resolutions and the 2020 General Fund Operating Budget and submit to
Common Council at its next meeting for receive and file.
RESOLVED by the Finance Committee at its meeting on December 3rd, 2019;
1. That the sum of $166,446,370 be the total Operating Budget of the City
of Saint John for 2020;
2. That the sum of $127,966,924 be the Warrant of the City of Saint John for
2020;
3. That the tax rate for the City of Saint John be $1.785;
4. That Common Council orders and directs the levying by the Minister of
Environment and Local Government of said amount on real property
liable to taxation under the Assessment Act within the Municipality of
Saint John;
5. That Common Council authorizes the Commissioner of Finance and
Administrative Services to disburse, at a time acceptable to him, to the
named Commissions, Agencies and Committees, the approved funds as
contained in the 2020 budget.
6. That Common Council approves the 2020 Establishment of Permanent
Positions at 626;
7. That Common Council approves $350,000 to the Growth Reserve Fund to
support the City's growth initiatives;
8. That Common Council approve $550,000 to the Capital Reserve Fund to
fund infrastructure deficit;
`Big]
-2-
9. That Common Council approve $2,040,000 to the Operating Reserve
Fund to support a Restructuring Plan.
EXECUTIVE SUMMARY
The first draft General Fund Operating budget was presented to the Finance
Committee on September 18, 2019. On November 20th, the Province released
the property assessment and unconditional grant information and staff
presented that information to the Finance Committee on the same date.
The second draft General Fund Operating budget has a slight increase in the
estimated tax assessment of 1.83% versus 1.50% as first presented. This slight
increase in revenue will offset the funding required from the Province.
The 2020 budget will be the last year of the three year funding commitment
from the Province which has been used to deal with the City's structural deficit.
Council and the Province have endorsed the "Sustaining Saint John, A Three Part
Plan,". This report has lays out 20 action items for both the Province and the City
to complete in the short, medium and long term.
While that plan lays out the road map for long term sustainability for the City, it
does not address the structural deficit the City is facing in 2021. Therefore the
City is taking action immediately to deal with what it considers barriers to
achieve sustainability. Escalating wages and benefits, high debt and large
infrastructure deficit, along with approximately 60 initiates brought forward by
the City Manager will start being actioned and implemented in 2020. The 2020
budget being proposed must be considered as a transitional budget as these
sustainability initiatives and barriers are dealt with in 2020.
PREVIOUS RESOLUTION
N/A
STRATEGIC ALIGNMENT
The proposed 2020 General Fund Budget aligns with Councils priority of being
fiscally responsible. Council and the City needs to deal with a structural budget
deficit in 2021. The 2020 transitional budget will allow Council and staff the time
and funding needed to deal with barriers, sustainability initiatives, along with
working with the Province on the "Three Part Plan"
REPORT
The 2020 budget will be the last year of the three year funding commitment
from the Province that has been used to deal with the City's structural budget
deficit. Council and the Province has endorsed the "Sustaining Saint John, A
-3 -
Three Part Plan". This report has lays out 20 action items for both the Province
and the City to complete in the short, medium and long term.
While that plan lays out the road map for long term sustainability for the City, it
does not address the structural deficit the City is facing in 2021. Therfor the City
is taking action immediately to deal with what is considers barriers to achieve
sustainability. Escalating wages and benefits, high debt and large infrastructure
deficit, along with approximately 60 initiates brought forward by the City
Manager will start being actioned and implemented in 2020. The 2020 budget
being proposed must be considered as a transitional budget as these
sustainability items and barriers are dealt with in 2020.
Transitional Budget
The 2020 budget is considered a transitional budget. The main focus for Council
and City staff will be to close the structural deficit gap for the 2021 budget which
is estimated at $9 million. The City must have a balanced budget in 2021. In
order to deal with this deficit, the 2020 budget must allow the flexibility to get
barriers removed and implement a number of sustainability issues.
However, the timing, cost and resources needed to do all these action items
makes it very difficult to predict with any degree of accuracy the timing and
amount of these adjustments. Any cost adjustments that takes place in 2020 will
not affect the tax rate set by Council. Adjustments made in 2020 will impact the
Provincial funding envelope.
One of the major barriers being addressed in 2020 will be the escalation of
wages and benefits. Council has already adopted a wage escalation policy
setting wage escalation at no more than 1.36% in 2020. Workforce adjustments
will also take place in 2020 that will close the gap on the deficit. Collective
bargaining is currently underway that will address flexibility in the workforce.
Other barriers such as high debt and large infrastructure deficit are also being
addressed with more funding for Capital reserves and pay as you go. This will
lower borrowing and fund more capital to address the deficit.
"Sustaining Saint John, A Three Part Plan", is also underway that may yield
results for the 2020 operating year. Saint John Transit Service Review, Review of
Agencies, Boards and Commissions, One Economic Development Model in 2020,
Organizational Redesign, and Valuation of Saint John Energy Growth are all items
planned for 2020 as well as a Provincial Operational Audit of the City.
There are several Provincial reforms that are pending which will also impact the
2020 budget. Reforms such as binding arbitration, regional facilities cost sharing,
and transit property tax reform have been introduced or will be introduced in
the legislature.
`19191
-4 -
Revenues
Tax base growth has exceeded the assumptions the City has been making of
1.5%. Assessment base grew by 1.83% and was split between residential growth
of 1.36% and non-residential growth of 2.56%. Overall the City still is not seeing
the growth in assessment base as other NB municipalities with Fredericton and
Moncton both having growth in excess of 4%.
The City's total revenue for 2020 will be $166,446,370 and includes the estimate
LNG property tax and overall revenue is 3.18% more than 2019. The three main
factors for the increase are due to;
1. Assessment growth - $2.3M
2. Accommodation levy - $1.4M (Sustaining Saint John, Three Part Plan)
3. Short term financial assistance - $0.86M
The City is budgeting $7,980,906 out of the $10,400,000 available in Financial
Assistance from the Province. The City has been fiscally managing the additional
funds the Province committed to the City over three years.
2018* $3,500,000 $3,316,473
$183,527
2019** $8,900,000 $4,800,000 $4,100,000
2020 $10,400,000 $7,980,906 $2,419,094
Total $22,800,000 $16,097,379 $6,702,621
*2018 City Funding is actual funding required
**2019 City Funding based on latest estimates
Expenditures
The City total overall expenditure for 2020 is $166,446,370 which is 3.18% more
than 2019. The main factors in the increase in expenses are;
1. Tourism — $900K (offset by Accommodation Levy)
2. Pay as you go - $1.3M
3. Increase in Roads - $1.OM
4. Transfer to Reserves - $2.59M
Wages and Benefits (including special pension payments is 0.52% more than the
2019 budget amount. This amount is within the Wage Escalation Policy which
sets wages increase at a maximum of 1.36% based on average growth for the
City over the last three years.
-5 -
Other financial targets that the 2020 budget achieves is increasing pay as you go
by $1.3M, increasing contribution to capital reserves to $550K and the reduction
in debt by 2.5% in 2020.
The 2020 transitional budget expenditures are maintaining consistent services
levels as previous years. As the sustainability initiatives take place in 2020 there
may be unexpected expenses that occur, as well as savings due to timing of
initiative being implemented.
Major Corporate Initiatives
While the 2020 Operating budget is a transitional budget for the City that will
involve transformational changes in the way the City provide services, deals with
barriers and continues to work with the Province on the Three Part Plan, there
will still be several corporate initiatives undertaken in 2020.
These planned initiatives are as follows:
• Sustainability Plan/Continuous Improvement Initiatives
• Implementation of Economic Development Realignment
• Action the Road Map and Population Frameworks: Succeed & Stay,
Local Immigration Partnership
• Adoption and Implementation of Central Peninsula Neighbourhood
Plan/Heritage Bylaw
• Continued of enhanced Dangerous building and Community
Standards programs
• Changes to Fire By-law to increase fees
• Labour Relations, Including Collective Bargaining
• Cybersecurity
• Implementation of City's first Long Term Financial Plan
• Asset Management System Development
• ERP System Readiness Assessment
• New City Hall and City Market Tower(Physical and Virtual — Including
City's New Website)
• Business continuity initiative
• Maintain funding Urban Development Incentives for Central
Peninsula, Heritage & Arts Grant Programs
Conclusion
The 2020 General Fund Operating Budget will be year of major transformational
change for the Citizens of Saint John is the way service will be delivered.
Common Council has taken a number of steps to ensure the City will be financial
sustainable in the future. Council has passed and adopted a number of financial
policies, such as wage escalation, operating budget, debt management policies
to steer the City toward being sustainable, flexible and being less vulnerable.
`19YA
-6 -
Council has endorsed the "Three Part Plan" that involves 20 action items that
will guide the City towards sustainability. Action items have already been built
into the 2020 budget such as the accommodation levy and the adjustment to
property taxes on Saint John Transit building. Actions have been introduced in
the NB legislature and the City staff has brought forward a large number on
financial sustainability initiative to be implemented.
The 2020 General Fund Operating Budget is a transitional budget the will allow
the City the time to be able to have a balanced 2021 budget and will be the start
of long term financially sustainable City of Saint John.
SERVICE AND FINANCIAL OUTCOMES
See enclosed 2020 General Fund Operating Budget
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
The budget was established in collaboration with the all service areas and
members of Finance Committee.
ATTACHMENTS
Appendix "A" — 2020 General Fund Operating Budget
`91.11
The City of Saint John
2020 GENERAL OPERATING BUDGET
City of Saint John
2020 Budget
2019 2020 2020
Approved Draft 2020 Proposed
Budget Budget Adjustments Budget
REVENUES
Property taxes
123,577,054
127,966,924
- 127,966,924
P I LT Adjustment
3,826
1,185
- 1,185
Equalization & Unconditional Grant
17,353,344
16,131,081
- 16,131,081
Financial Assistance
7,117,402
8,362,780
(381,874) 7,980,906
Surplus 2nd previous year
86,557
-
- -
Growth & Community Development Services
2,507,734
2,866,652
1,400,000 4,266,652
Public Safety Services
1,695,896
1,975,300
- 1,975,300
Transportation & Environment Services
4,060,970
4,112,054
- 4,112,054
Finance & Administrative Services
3,743,000
3,999,768
- 3,999,768
Corporate Services
112,000
12,500
- 12,500
TOTAL REVENUES 160,257,783 165,428,244 1,018,126 166,446,370
EXPENDITURES
Growth & Community Development Services
Growth & Community Planning Services
Growth & Community Planning Services
1,788,905
2,024,522 -
2,024,522
One Stop Development Shop Services
475,000
475,000
- 475,000
Heritage Conservation
190,936
194,358 -
194,358
Permitting & Inpection Service & By -Law
1,033,495
528,806
1,400,000 1,928,806
Compliance
2,149,294
2,343,447 -
2,343,447
Infrastructure Development
541,256
617,350 -
617,350
4,670,391 5,179,677 - 5,179,677
Economic Development Service
Economic development agencies
Growth Reserve Fund
350,000
350,000
- 350,000
Regional Economic Development (Enterprise)
475,000
475,000
- 475,000
Develop Saint John
821,002
838,727
- 838,727
Tourism
1,033,495
528,806
1,400,000 1,928,806
2,679,497 2,192,533 1,400,000 3,592,533
Saint John Trade and Convention Centre 625,570 586,193 - 586,193
Harbour Station 588,525 602,519 - 602,519
Urban Development Service
Market Square - Common Area
Arts & Culture
Cultural Affairs
3,893,592 3,381,245 1,400,000 4,781,245
2,182,993 2,488,248 - 2,488,248
11El:10.1
108,347 124,110 - 124,110
1
The City of Saint John
2020 GENERAL OPERATING BUDGET
City of Saint John
2019
2020
2020
Fire Rescue and Suppression Service
Approved
Draft 2020
Proposed
2020 Budget
Budget
Budget Adjustments
Budget
Imperial Theatre
360,205
367,285 -
367,285
Saint John Arts Centre
84,125
139,471 -
139,471
Arts & Culture Board
70,000
70,000 -
70,000
Public Art - Mainenance and Repair
10,000
16,000 -
16,000
Acadian Games
19,750
17,750 -
17,750
Remembrance Day Ceremonies
1,500
1,500 -
1,500
New Year/Canada Day Celebrations
15,000
15,000 -
15,000
668,927 751,116 - 751,116
Total Growth & Community Development Services 11,415,903 11,800,286 1,400,000 13,200,286
Public Safety Services
1,893,286
2,292,511
2,240,057
Fire Rescue and Suppression Service
24,601,149
24,854,419 -
24,854,419
Water Supply and Hydrants
2,600,000
2,500,000 -
2,500,000
Emergency Management Service
333,939
345,029 -
345,029
Police Services
26,058,539
26,058,700 -
26,058,700
Public Safety Communications
2,497,099
2,579,791 -
2,579,791
Street Lighting
971,000
999,159 -
999,159
Total Public Safety Service 57,061,726 57,337,098 - 57,337,098
Transportation & Environment Service
1,893,286
2,292,511
2,240,057
Roadway Maintenance Service
3,642,010
3,722,606
3,779,398
Snow Control Streets
5,781,383
5,698,383 -
5,698,383
Street Cleaning
1,670,601
1,555,683 -
1,555,683
Utility Cuts
739,079
727,403 -
727,403
Street Services - Surface Maintenance
6,122,629
7,120,178 -
7,120,178
14,313,692 15,101,647 - 15,101,647
Sidewalk Maintenance Service
Snow Control Sidewalk 1,102,170 1,100,809 - 1,100,809
Sidewalk Maintenance 705,582 792,477 - 792,477
Pedestrian & Traffic Management Service
Stormwater Management
Solid Waste Management
Engineering
Parks S City Landscape
Parks Maintenance
Lifeguards
1,807,752
1,893,286
2,292,511
2,240,057
3,570,934
3,642,010
3,722,606
3,779,398
553,918
568,564
2,769,754 2,880,126
173,400 181,000
M1,191
1,893,286
2,240,057
3,642,010
3,779,398
568.564
2,880.126
181,000
2
The City of Saint John
2020 GENERAL OPERATING BUDGET
City of Saint John
2020 Budget
2019 2020 2020
Approved Draft 2020 Proposed
Budget Budget Adjustments Budget
Urban Forestry
309,178
313,065 -
313,065
Mispec
5,000
5,000 -
5,000
Saint John Horticultural Association
40,000
40,000 -
40,000
3,297,332 3,419,191 - 3,419,191
Sports & Recreation Facilities Service
Arena Operation and Maintenance
1,661,801
1,566,956 -
1,566,956
Sportsfield Operation and Maintenance
1,429,986
1,412,622 -
1,412,622
Other Facility Operation and Maintenance
437,476
448,672 -
448,672
Minor Hockey Subsidy
173,000
- -
-
Lord Beaverbrook Rink
159,382
159,470 -
159,470
Aquatic Centre
541,837
625,821 -
625,821
4,403,482 4,213,541 - 4,213,541
Neighbourhood Improvement
Community Development
453,028
449,000 -
449,000
Neighbourhood Development
152,000
152,000 -
152,000
Loch Lomond Community Centre
45,000
45,000 -
45,000
PRO Kids
122,371
124,049 -
124,049
772,399 770,049 - 770,049
Community Development Service Grants
Community Grant Program 179,721 179,721 - 179,721
Library 497,000 497,892 - 497,892
676,721 677,613 - 677,613
Recreation, Parks and Cultural Programming
Recreation Programming
653,331
663,266 -
663,266
Contracted Service - Boys and Girls Club
135,844
137,882 -
137,882
Contracted Service - YMCA-FGCCIMCC
133,623
135,627 -
135,627
Contracted Service - North End Community Centre
164,614
167,083 -
167,083
P1aySJ Recreation Programming Grant
15,000
15,000 -
15,000
1,102,412 1,118,858 - 1,118,858
Parking Service (Administration Support) 617,565 616,756 - 616,756
Transit Service 7,977,405 8,243,687 311,874 7,931,813
Total Trans ortation & Environment Service 45,108,729 46,284,657 (311,874) 45,972,783
Finance and Administrative Services
Financial Management Service
3
The City of Saint John
2020 GENERAL OPERATING BUDGET
City of Saint John
2020 Budget
2019 2020 2020
Approved Draft 2020 Proposed
Budget Budget Adjustments Budget
Finance 1,748,875 1,701,110 (70,000) 1,631,110
Assessment 1,343,078 1,391,163 - 1,391,163
3,091,953 3,092,273 (70,000) 3,022,273
Asset Management
744,508
767,197 -
767,197
Purchasing & Materials Management
1,113,424
1,206,014 -
1,206,014
Insurance Service
203,081
171,500 -
171,500
Liability Insurance
304,000
360,000 -
360,000
Facilities Management
1,436,427
1,472,735 -
1,472,735
City Market
986,126
1,012,480 -
1,012,480
Carpenter Shop
357,107
324,236 -
324,236
City Hall Building
1,225,384
1,225,211 -
1,225,211
Real Estate
268,384
273,690 -
273,690
5,893 933 6,045,866 - 6,045,866
Total Finance and Administrative Services 8,985,886 9,138,139 70,000 9,068 139
Corporate Services
744,508
767,197 -
767,197
City Manager
680,822
796,962 -
796,962
Legal Department
804,192
788,311 -
788,311
Common Clerk
583,705
596,876 -
596,876
Human Resources
1,520,515
1,555,425 -
1,555,425
Strategy, Continuous Improvement & Performance
-
119,915 -
119,915
Reporting
607,996
499,822 -
499,822
Corporate Communications
445,602
568,988 -
568,988
Information Technology
2,512,414
2,963,753 -
2,963,753
Geographic Information Systems
380,821
414,164 -
414,164
Regional Services Commission
37,474
20,000 -
20,000
Mayor & Council
Mayor's Office
210,318
218,130 -
218,130
Council
534,190
549,067 -
549,067
M11%
744,508
767,197 -
767,197
Total Corporate Services
8,318,049
8,971,498 -
8,971,498
Other Charges
Fiscal Charges
16,917,647
16,650,078 -
16,650,078
Long Term Disability
845,692
661,573 -
661,573
Deficit 2nd previous year
-
119,915 -
119,915
Pension
9,574,000
9,575,000 -
9,575,000
Capital from Operating
730,151
2,000,000 -
2,000,000
M11%
The City of Saint John
2020 GENERAL OPERATING BUDGET
City of Saint John
2020 Budget
2019 2020 2020
Approved Draft 2020 Proposed
Budget Budget Adjustments Budget
Capital Reserve 500,000 550,000 - 550,000
Restructuring Reserve 300,000 2,040,000 - 2,040,000
Landfill Closure 300,000 300,000 - 300,000
Others 200,000 - - -
Total Other Charges 29,367,490 31,896,566 - 31,896,566
TOTAL EXPENDITURES 160257,783 165,428,244 1,018,126 166,446,370
E
M1,193