2020-01-27_Agenda Packet--Dossier de l'ordre du jourCity of Saint John
Common Council Meeting
AGENDA
Monday, January 27, 2020
6:00 pm
8th Floor Common Council Chamber (Ludlow Room), City Hall
Si vous avez besoin des services en francais pour une reunion de Conseil communal, veuillez contacter le
bureau du greffier communal au 658-2862.
Pages
1. Call to Order
2. Approval of Minutes
2.1 Minutes of January 13, 2020 6-21
3. Approval of Agenda
4. Disclosures of Conflict of Interest
5. Consent Agenda
5.1 Saint John Transit & Parking Commission - Appointment of Brandon Hutchings 22-22
Canadian Corps of Commissionaires (Recommendation in Report)
5.2 Saint John Parking Commission - Appointment of Paula Carroll - Assistant 23-24
Inspector under Vehicles for Hire By-law (Recommendation in Report)
5.3 Saint John Parking Commission - Appointment of Paula Carroll as Bylaw 25-25
Enforcement Officer (Recommendation in Report)
5.4 2020 Spring Debenture Issue — Notice of Motion (Recommendation in Report) 26-27
5.5 Update - 2020 Water and Sewerage Utility Fund and General Fund (Storm & 28-39
Transportation Categories) Capital Programs (Recommendation: Receive for
Information)
5.6 Engineering Services - Municipal Buildings Deep Energy Retrofit 40-42
(Recommendation in Report)
43-70
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5.7 Carleton Community Centre Service Agreement Extension for 2020
(Recommendation in Report)
5.8 Malwarebytes User License Agreement (Recommendation in Report)
71 -88
5.9 Tender No. 2019-584001T - Supply and Installation of Backhaul
89-91
(Communication) Links (Recommendation in Report)
5.10 Gravity Sewer and Recreation & Parks Condition Assessments and Cost
92-121
Analysis Grant Agreement (Recommendation in Report)
5.11 Fundy Quay Seawall — Provincial Cost Sharing Request (Recommendation in
122-125
Report - Finance Committee Endorsed)
5.12 2020 General Fund Operating Budget (Recommendation in Report - Finance
126-128
Committee Endorsed)
6.
Members Comments
7.
Proclamation
8.
Delegations / Presentations
9.
Public Hearings - 6:30 p.m.
10.
Consideration of By-laws
10.1 By -Law respecting the Regulation of Parking (3rd Reading)
129-149
11.
Submissions by Council Members
11.1 Bylaw re: Conversion Therapy (Councillor Hickey)
150-150
12.
Business Matters - Municipal Officers
12.1 Continuous Improvement Initiatives Update
151 - 155
12.2 Sustainability Update
12.2.1 Community Centres — Sustainability Item
156-161
12.2.2 Adelaide Street — Sustainability Item
162-186
12.2.3 Transit Redesign Sustainability Item - Award of Consulting
187-191
Engagement
12.3 West Saint John Drinking Water Transition Schedule Update #2
192-195
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13. Committee Reports
13.1 Emergency Response Simulation Theatre Project (Finance Committee 196-227
Endorsed)
13.2 Agreement with NB Power for Back-up Fire Protection Services and Response 228-249
Training at the Point Lepreau Generating Station (Finance Committee
Endorsed)
14. Consideration of Issues Separated from Consent Agenda
15. General Correspondence
15.1
SJ Ability Advisory Committee - Sustainability Initiatives (Recommendation:
250-253
Refer to City Manager)
Seasonal Licence at Stewart Hurley Arena for Year 2020
15.2
Fundy Regional Service Commission: Plastic Bag Recycling & Plastic Bag
254-263
Reduction Bylaw (Recommendation: Refer to City Manager)
15.3
Saint John Alpines Senior & Junior Baseball Teams - Rental Rates
264-266
(Recommendation: Refer to City Manager)
15.4
Ticket Purchase Request - Pink Shirt Luncheon (Recommendation: Refer to
267-267
Clerk to purchase tickets for interested Council members)
15.5
Letters from M.E Carpenter re: Transit (Recommendation: As proposed by the
268-269
City Manager)
15.6
Councillor Hickey: Request to Purchase Tickets for State of the Province
(Recommendation: Refer to Clerk to purchase tickets if available)
16. Supplemental Agenda
17. Committee of the Whole
17.1
Conditional Sale of City owned lands off Riverview Drive
270-279
17.2
Seasonal Licence at Stewart Hurley Arena for Year 2020
280-289
18. Adjournment
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City of Saint John
Common Council Meeting
Monday, January 27, 2020
Committee of the Whole
1. Call to Order
Si vous avez besoin des services en fran�ais pour une r6union de Conseil communal, veuillez
contacter le bureau du greffier communal au 658-2862.
Each of the following items, either in whole or in part, is able to be discussed in private pursuant
to the provisions of subsection 68(1) of the Local Governance Act and Council / Committee will
make a decision(s) in that respect in Open Session:
4:30 p.m., 8th Floor Boardroom, City Hall
1.1 Approval of Minutes 68(1)
1.2 Financial Matter 68(1)(c)
1.3 Legal Matter 68(1)(f)
1.4 Financial Matter 68(1)(c)
1.5 Financial Matter 68(1)(c)
1.6 Financial Matter 68(1)(c)
Ville de Saint John
Seance du conseil communal
Lundi 27 janvier 2020
18h
Salle du conseil communal (salle Ludlow), an 8e kage de 1'h6tel de ville
Comit6 pl6nier
1. Ouverture de la s6ance
Si Vous souhaitez obtenir des services en fran�ais pour une seance du conseil communal,
veuillez communiquer avec le bureau du greffier communal au 658-2862.
Chacun des points suivants, en totalit6 ou en partie, peut faire l'objet d'une discussion en
prive en vertu des dispositions prevues au paragraphe 68(1) de la Loi sur la gouvernance
locale. Le conseil/comite prendra une ou des decisions a cet egard au cours de la seance
publique :
16 h 30, Salle de conf6rence, 8e 6tage, h6tel de Ville
1.1 Approbation du proces-verbal - 68(1)
1.2 Questions financieres - 68(1)(c)
1.3 Question juridique - 68(1)(f)
1.4 Questions financieres - 68(1)(c)
1.5 Questions financieres - 68(1)(c)
1.6 Questions financieres - 68(1)(c)
S6ance ordinaire
1. Ouverture de la s6ance
2. Approbation du proces-verbal
2.1 Proces-verbal du 13 janvier 2020
3. Adoption de l'ordre du jour
4. Divulgations de conflits d'int6rets
5. Questions soumises a 1'approbation du conseil
5.1 Commission du transport en commun et du stationnement de Saint John -
Nomination de Brandon Hutchings au Corps canadien des
commissionnaires (recommandation du rapport)
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5.2 Commission du stationnement de Saint John - Nomination de
Paula Carroll a titre d'inspectrice adjointe en vertu du Reglement sur les
vehicules de location (recommandation du rapport)
5.3 Commission du stationnement de Saint John - Nomination de
Paula Carroll a titre d' agente d' application des r6glements
(recommandation du rapport)
5.4 Emission d'obligations non garanties au printemps 2020 - Avis de motion
(recommandation du rapport)
5.5 Mise a jour - Programmes d'investissement de 2020 destines au Fonds
pour les services d'eau et d'assainissement et au Fonds general (categories
tempete et transport) (recommandation : dep6t pour information)
5.6 Services de genie - Renovation energetique en profondeur des batiments
municipaux (recommandation du rapport)
5.7 Prolongation de 1' accord de service du centre communautaire de Carleton
pour 2020 (recommandation du rapport)
5.8 Contrat de licence d'utilisation du logiciel Malwarebytes
(recommandation du rapport)
5.9 Appel d'offres n° 2019-584001T - Fourniture et installation de liaisons
terrestres (communication) (recommandation du rapport)
5.10 Accord de subvention pour 1'6valuation de 1'6tat des 6gouts gravitaires
ainsi que des pares et des installations r6cr6atives loisirs et pour l'analyse
des couts (recommandation du rapport)
5.12 Digue du quai de Fundy - Demande de partage des couts avec la province
(recommandation du rapport - approuve par le Comite des finances)
5.13 Budget de fonctionnement du Fonds general 2020 (recommandation du
rapport - approuve par le Comite des finances)
6. Commentaires pr6sent6s par les membres
7. Proclamation
8. D616gations et pr6sentations
9. Audiences publiques - 18 It 30
10. Etude des arret6s municipaux
10.1 Reglement sur la r6glementation du stationnement (3e lecture)
11. Interventions des membres du conseil
11.1 Reglement concernant la therapie de conversion (conseiller Hickey)
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12. Affaires municipales 6voqu6es par les fonctionnaires municipaux
12.1 Mise a jour sur les initiatives d'am6lioration continue
12.2 Initiatives de durabilite
12.2.1 Centres communautaires - point concernant la durabilite
12.2.2 Rue Adelaide - point concernant la durabilite
12.2.3 Point concernant la durabilite de la refonte du transport en
commun - Prix de la mission de consultation
12.3 Mise a jour no 2 sur le calendrier de transition de 1'eau potable dans
1' ouest de Saint John
13. Rapports depos6s par les comit6s
13.1 Projet de simulation d'intervention d'urgence (approuv6 par le Comite des
finances)
13.2 Entente avec Energie NB sur des services de protection contre 1'incendie
de renfort et la formation en intervention a la centrale de Point Lepreau
(approuve par le Comite des finances)
14. Etude des sujets 6cart6s des questions soumises a 1'approbation du Bureau
15. Correspondance g6n6rale
15.1 Comite consultatif lie a SJ Ability : Initiatives de durabilite
(recommandation : se reporter au directeur municipal)
15.2 Commission des services r6gionaux de Fundy : Reglement sur le recyclage
des sacs de plastique et la reduction des sacs de plastique
(recommandation : se reporter au directeur municipal)
15.3 Equipes de baseball senior et junior Saint John Alpines - tarifs de location
(recommandation : se reporter au directeur municipal)
15.4 Demande d' achat de billets - Dej euner « Pink Shirt » (recommandation
les membres du Conseil interesses doivent se reporter au greffier pour
acheter des billets)
15.5 Lettres de M.E. Carpenter - Responsabilit6 a 1' 6gard du transport en
commun (recommandation : tel que propose par le directeur municipal)
15.6 Conseiller Hickey : demande d'achat de billets pour 1'Etat de la province
(recommandation : se reporter au greffier pour acheter des billets si
disponibles)
16. Ordre du jour suppl6mentaire
17. Comit6 pl6nier
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17.1 Vente conditionnelle de terrains appartenant a la ville au large de la promenade
Riverview
17.2 Licence saisonniere a 1'arena Stewart Hurley pour 1'annee 2020
18. Levee de la seance
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COMMON COUNCIL/ CONSEIL COMMUNAL
January 13, 2020 / le 13 janvier 2020
1► IILI[ 1111IF.=00411w_1:M► 1IIIisI1►[e
COMMON COUNCIL OF THE CITY OF SAINT JOHN
JANUARY 13, 2020 AT 6:30 PM
IN THE COUNCIL CHAMBER
Present: Mayor Don Darling
Deputy Mayor Shirley McAlary
Councillor -at -Large Gary Sullivan
Councillor Ward 1 Blake Armstrong
Councillor Ward 1 Greg Norton
Councillor Ward 2 Sean Casey
Councillor Ward 2 John MacKenzie
Councillor Ward 3 David Hickey
Councillor Ward 3 Donna Reardon
Councillor Ward 4 David Merrithew
Councillor Ward 4 Ray Strowbridge
Also Present: City Manager J. Collin
Deputy City Manager N. Jacobsen
City Solicitor J. Nugent
Fire Chief K. Clifford
Commissioner Growth & Community Development J. Hamilton
Commissioner Finance and Treasurer K. Fudge
Commissioner Transportation and Environment M. Hugenholtz
Commissioner Saint John Water B. McGovern
Common Clerk J. Taylor
Deputy Common Clerk P. Anglin
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COMMON COUNCIL/ CONSEIL COMMUNAL
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1. Call to Order
2. Approval of Minutes
2.1 Minutes of December 9, 2019
Moved by Deputy Mayor McAlary, seconded by Councillor Armstrong:
RESOLVED that the minutes of the meeting of Common Council held on December 9,
2019, be approved.
MOTION CARRIED.
2.2 Minutes of December 16, 2019
Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan:
RESOLVED that the minutes of the meeting of Common Council held on December 16,
2019, be approved.
MOTION CARRIED.
3. Approval of Agenda
Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan:
RESOLVED that the agenda of this meeting be approved with the addition of items:
17.2 Budget Direction to the City of Saint John Board of Police Commissioners
17.3 Voluntary Separation Program
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4. Disclosures of Conflict of Interest
S. Consent Agenda
5.1 That as recommended by the City Manager in the submitted report M&C 2020-
005: Borrowing Resolutions, Common Council adopt the following:
1. That the Commissioner of Finance is hereby authorized to borrow, on behalf of the
City of Saint John (the Corporation), from the Bank of Nova Scotia (the Bank) from
time to time by way of direct advances by Promissory Notes, Overdraft, or Standby
Letters of Credit/Letters of Guarantee, a sum or sums not exceeding at any one time
six million dollars ($6,000,000) to meet current expenditures for the year 2020; and
2. That the Commissioner of Finance is hereby authorized to borrow, on behalf of the
City of Saint John (the Corporation), from the Bank of Nova Scotia (the Bank) from
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COMMON COUNCIL/ CONSEIL COMMUNAL
January 13, 2020 / le 13 janvier 2020
time to time by way of direct advances by Promissory Notes, a sum or sums not
exceeding at any one time twenty five million dollars ($25,000,000) to meet capital
expenditures for the year 2020.
5.2 That as recommended by the City Manager in the submitted report M&C 2020-
008: Proposed Public Hearing Date — 0 King William Road, Common Council schedule the
public hearing for the rezoning application of Natural Forces (0 King William Road —
portion of PID 00412189) for Monday March 9, 2020 at 6:30 p.m. in the Ludlow Room,
and refer the applications to the Planning Advisory Committee for a report and
recommendation.
5.3 That as recommended by the City Manager in the submitted report M&C 2020-
010: Management Wage Increases, Common Council approve a wage increase of 1.36%
for fiscal year 2020 for management professional staff in accordance with the Wage
Escalation Policy.
5.4 That as recommended by the City Manager in the submitted report M&C 2020-
017: Municipal Nominee Program, Common Council direct the Mayor to sign the
submitted letter to the Federal Government in support of the proposed Municipal
Nominee Program and as an expression of interest in Saint John becoming a
participating community in this new pilot program.
5.5 That as recommended by the City Manager in the submitted report M&C 2020-
009: Tender # 2019-081202T — Saint John City Hall Relocation, the tender submitted by
Avondale Construction Ltd., for Tender # 2019-081202T — Saint John City Hall
Relocation, in the amount of $2,096,500 plus HST be accepted and a five percent
contingency allowance be carried; and further, that the Mayor and Common Clerk be
authorized to execute the necessary contract documents.
5.6 That as recommended by the City Manager in the submitted report entitled
M&C 2020-003: Consideration of Sale of Land for Public Purposes off Katie Drive
(undeveloped):
1. Common Council seek the concurrence of the Planning Advisory Committee to divest
the land, identified as being PID No. 369496 from being "Land for Public Purposes"
and if so, deem the subject property surplus to its needs.
2. In the event the Planning Advisory Committee concurs with such, it is further
recommended that the above said property be sold to Galbraith Construction Ltd.
for $2,300.00 plus H.S.T. (if applicable) with all costs associated with the sale of this
land to be the responsibility of the purchaser, subject to:
a. the City reserve an easement for municipal services on the aforementioned
property for the protection of its Spruce Lake water pipeline; and
b. that the purchaser of the aforementioned property by its officers, directors,
servants, agents, contractors, workers, invitees, and its successors and assigns
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January 13, 2020 / le 13 janvier 2020
shall not, at any time, enter on, over, across, or along the Lands with vehicles,
machinery, materials and/or equipment until, at its cost, has designed and
constructed to the satisfaction of the Chief City Engineer of the City of Saint
John, an access to cross over the City of Saint John infrastructure situated on the
subject property and adjoining undeveloped City owned street right-of-way.
3. That Galbraith Construction Ltd. or an affiliated company, be authorized to seek an
amendment to the Municipal Plan and apply for a rezoning of the subject property,
however, Common Council are not explicitly or implicitly obligated to approve any
amendment to the Municipal Plan or any rezoning; and
4. That the Mayor and Common Clerk be authorized to execute any documents
required to facilitate this process.
5.7 That as recommended by the City Manager in the submitted report M&C 2020-
007: AlertFind Emergency Alert Notification System:
1) The Mayor and Common Clerk be authorized to execute the confidentiality and
nondisclosure agreement with Aurea for the AlertFind emergency notification
system.
2) If the AlertFind tool meets the City's requirements after the review of the security
and privacy features, the Mayor and Common Clerk be authorized to execute the
necessary contract document.
Moved by Deputy Mayor McAlary, seconded by Councillor Merrithew:
RESOLVED that the recommendation set out in each consent agenda item respectively
be adopted.
MOTION CARRIED UNANIMOUSLY.
6. Members Comments
Council members commented on various community events.
7. Proclamations
8. Delegations/Presentations
8.1 Erin Cusack Presentation: Student Parking
Erin Cusack presented a proposal for uptown student parking for Saint John High School
and Saint Malachy's High School.
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COMMON COUNCIL/ CONSEIL COMMUNAL
January 13, 2020 / le 13 janvier 2020
Moved by Deputy Mayor McAlary, seconded by Councillor Norton:
RESOLVED that the Erin Cusack Presentation: Student Parking be received for
information and the matter referred to the Saint John Transit Commission.
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8.2 CUPE Local 18, CUPE Local 486, SJ Police Association and ATU 1182 — Presentation
to C'niinriI
Referring to the submitted presentation entitled Presentation to Council - CUPE Local
18, CUPE Local 486, SJ Police Association and ATU 1182, Mike Davidson National
Representative CUPE presented the union's position on several financial matters
affecting the City.
The City Manager stated that it is not the role of staff to comment on the opinions
expressed by the guest presenter, but that staff has an obligation to clarify
representation of facts, stating that there are several areas requiring clarification. The
first area requiring clarification is on water rates. The City Manager asked the
Commissioner of Water to comment on slides in the presentation that discuss water
rates.
Water Rate Clarification — B. McGovern Commissioner of Saint John Water stated:
• There are no special or negotiated agreements with industry. In the past there had
been however for the first time commencing January 1St 2020 the rates are now set
through Council by bylaw for cost recovery from industry. Rates are not negotiated.
• For 2020 the rates for water and waste water have not increased for water and
sewer customers. That represents approximately 96.3% of the water and sewer
customer base. These customers will see no change in water rates.
• For water only customers which represents approximately 2.6% of the customer
base which is largely made up of industry, commercial and institutional customers,
rates will increase by 23% in accordance with the water and sewer rate study.
• Rates for sewer only customers which represent about 1.1% of the customer base
will see rates go down by about 19%; this represents residential customers in the
Morna and Greenwood subdivisions.
• With respect to future rates as it relates to any increases, water and sewer rates as
presented publicly by the consultant Hemson in November 2018 are forecasted to
increase annually by 2.3%. However, this is based on assumptions and the City
continues to work hard, as has been the case over the past couple of years, to
ensure that rates come in lower than the annual forecasted rate, which was
accomplished in 2019 and 2020.
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COMMON COUNCIL/ CONSEIL COMMUNAL
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The City Manager added that the Finance Committee does not support the forecasted
escalation to the water rate as initially described, hence the ongoing efforts to control
those rates moving forward.
The second area requiring clarification on the slide presentation is the assertion of the
lack of availability or transparency of some of the City's financial data and assertions
made about the financial statements. Mr. Fudge made the following clarifications:
Financial Clarification Statements
K. Fudge, Commissioner of Finance stated that he is very familiar with the material in
the presentation; much of the material originated in the City and the Finance
department, in particular the information relating to fair and equitable taxation.
Transparency to the Public
There are some comments made in the presentation that relate to the financial
statements of the City that are categorically false or incorrect. Financial information has
not been withheld from the taxpayer in the submission of the City's 2018 Consolidated
Financial Statements. This is not true. These consolidated financial statements are on
the City's website for the public's consumption. The Finance Committee approves these
consolidated statements in open session with the media and external auditors in
attendance, then goes to open session of Common Council for approval with media and
external auditors in attendance.
Structural Deficit in 2018
Addressing some of the financial information in the presentation, Mr. Fudge reinforced
that the City indeed has a structural deficit, and it did as well in 2018.
The Consolidated Financial Statements are very technical. There is no correlation
between the $22M surplus presented on the consolidated financial statements and the
City's structural deficit. The $22.2M surplus presented in the statements is an
accounting surplus that includes Federal and Provincial capital contributions recorded as
revenue for accounting purposes. It includes depreciation, actuarial adjustments that
are non-cash related. It also includes the results of 16 other Agencies, Boards and
Commissions on an accounting basis, such as Saint John Energy, Saint John Water, and
Saint John Transit. The tax rates and the operating budget the City sets is based on cash
generated revenue and cash spending in an operating fund and this is required by
Provincial legislation. Revenues brought in are dependent on property tax and other
sources of revenue for the City and we have to have a balanced budget annually
pursuant to that legislation. The structural deficit occurs when an organization is
spending more money than it generates. The City ended 2018 for purposes of our
operating fund and tax rate setting with $119,000 deficit. This deficit is the first charge
in the 2020 general operating budget under other charges; there is an obligation to
carry over deficits/surpluses to the second year. The $119,000 deficit is carried over into
the 2020 operating budget.
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COMMON COUNCIL/ CONSEIL COMMUNAL
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The $119,000 structural deficit can be found on the Consolidated Financial Statements
on Page 146 of the Council Kit; there is Reconciliation in Note 22 entitled Reconciliation
of Annual Surplus. This reconciliation is intended to reconcile from an accounting basis
to a cash basis or the way we budget basis. It is on the bottom of the first column on the
Reconciliation Note, a deficit of $119,915. That deficit is the deficit we ended the year
for 2018 in the General Operating Fund and that is the deficit you will see in the general
operating fund budget for 2020 that has been carried forward. In the same year in 2018
the City had to rely upon short-term provincial assistance in the amount of $3.31VI
dollars to end up at $119,000 deficit. The reality is that the structural deficit in 2018
was over $3.3M. In other words, the City spent $3.31VI dollars more than the revenue we
generated on our own in the general operating fund.
The Commissioner commented on the following points from the presentation:
Alleged 2018 Accumulated surplus of $698M on the Statement of Financial Position
This number does not represent surplus of funds available for the City. As referenced on
page 199 of the Council Kit, this number represents the book value of the City's
infrastructure, of all the investments in the infrastructure that the City has made. It is
non-financial over a billion dollars in infrastructure on the statement minus the City's
net debt of $330M dollars. That is what the number represents. It is not a cash related
item that is available to the City. You can see on the same statement that the City has
more financial liabilities than it has financial assets, which is the basis for the net debt
calculation.
Saint John Energy
The Saint John Energy Board would be more appropriate to address the questions
pertaining to their financial statements. In the notes from their financial statements,
available online from the SJ Energy website, they demonstrate that the regulated
balances are based on timing differences between their capital assets purchased and
the liabilities incurred.
Provincial Interim Funding Agreement
As it relates to leaving short term interim funding on the table, the City is bound by a
Funding Agreement with the Province and the Terms and Conditions in the Agreement.
There are schedules in the Agreement and eligible costs for which the Province has the
right to audit, review, and inspect the City's books. The City does not have unilateral
right to utilize funds where it sees fit; it has to be based on the 2018 schedules and do
not have the ability to spend to the maximum on the Funding Agreement even if so
desired. We also recognize as staff and the City that there is only one taxpayer whether
it is municipal, provincial, or federal taxes. From a City staff perspective, we are trying to
be as prudent as we can in spending taxpayer funds when managing this agreement.
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Engagement on comprehensive tax reform
The City Manager addressed the assertions in the presentation that the City has stopped
its engagement on tax reform stating that the City has put in a great deal of effort
informing the public and the government of the importance of comprehensive tax
reform and looking at industry's share of property tax. It started with Council Priorities
in 2016, the Kitchen and Slack report, the White paper prior to the election, and the
leader's presentations to Council prior to the election. In the past 6 months the
following actions have been taken by the City towards the very real challenge, which we
agree — there must be comprehensive property tax reform:
1. Worked with the province addressing Sustaining Saint John —Three Part Plan
2. Written commitment from the province to commit to comprehensive tax reform
3. September 2019 the Mayor and City Manager attended the Standing Committee
on Law Amendments; one of the few groups who presented a position whereby
we felt there was an absolute need for comprehensive property tax reform
4. The slides presented this evening, many of which have been produced in the
past 6 months, show that the City continues to elaborate on its argument and
enhance it in every way possible.
5. On a weekly basis regular conference calls are held with provincial public
servants to discuss the progress on all the transformational initiatives including
comprehensive tax reform.
6. In the restructuring plan presented to Council in November 2019, the
importance of transformational property tax reforms and sustainability is
discussed.
On the home page of the City's website the key documents are provided in the following
links: Shaping a Sustainable Future and City Publications.
Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan:
RESOLVED that the COPE Local 18, CUPE Local 486, SJ Police Association and ATU 1182 —
Presentation to Council be received for information.
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9. Public Hearings 6:30 PM
10. Consideration of By-laws
10.1 Saint John Heritage Conservation Areas Bylaw (3rd Reading)
Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan:
RESOLVED that the by-law entitled, "By -Law HC -1 A Law to Amend the Saint John
Heritage Conservation Areas By -Law", providing design guidelines for new development
(infill) or major additions to existing buildings, replacing the existing infill standards;
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COMMON COUNCIL/ CONSEIL COMMUNAL
January 13, 2020 / le 13 janvier 2020
revising the definition of "heritage conservation area"; and removing the designation for
a single property in the Douglas Avenue Heritage Conservation Area, be read.
MOTION CARRIED.
In accordance with the Local Governance Act sub -section 15(3) the by-law entitled, "By -
Law HC -1 A Law to Amend the Saint John Heritage Conservation Areas By -Law", instead
of being read in its entirety was read in summary as follows:
"Common Council of the City of Saint John intends to consider adopting By -Law HC -1
Saint John Heritage Conservation Areas By -Law by contemplating the following:
• Amendments relating to the design of new buildings or substantial additions
(infill); and
• An amendment to remove the designation of a single property from the Douglas
Avenue Heritage Conservation Area."
Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan:
RESOLVED that the by-law entitled, "By -Law HC -1 A Law to Amend the Saint John
Heritage Conservation Areas By -Law", providing design guidelines for new development
(infill) or major additions to existing buildings, replacing the existing infill standards;
revising the definition of "heritage conservation area"; and removing the designation for
a single property in the Douglas Avenue Heritage Conservation Area, be read a third
time, enacted and the Corporate Common Seal affixed thereto.
MOTION CARRIED.
Read a third time by title, the by-law entitled, "By -Law HC -1 A Law to Amend the Saint
John Heritage Conservation Areas By -Law."
10.2 2020 Business Improvement Area Levy (Approval of Budget / 3rd Reading)
Referring to the submitted report entitled 2020 Business Improvement Area 2020 Levy
the Clerk advised that the budget has been advertised in the newspaper and no written
objections have been received. Council may proceed with approving the budget and
amending the BIA bylaw for 2020.
Moved by Deputy Mayor McAlary, seconded by Councillor Merrithew:
RESOLVED that as recommended by the Board of Directors of Uptown Saint John Inc.,
Common Council approve the submitted 2020 budget for the Business Improvement
Area.
MOTION CARRIED.
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COMMON COUNCIL/ CONSEIL COMMUNAL
January 13, 2020 / le 13 janvier 2020
Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan:
RESOLVED that the by-law entitled, "A Law to Amend By -Law Number BIA-2, Business
Improvement Levy By -Law", by applying a levy of 16 cents for each one hundred dollars
of assessed value for 2020, be read.
MOTION CARRIED.
The by-law entitled, "A Law to Amend By -Law Number BIA-2, Business Improvement
Levy By -Law" was read in its entirety.
Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan:
RESOLVED that the by-law entitled, "A Law to Amend By -Law Number BIA-2, Business
Improvement Levy By -Law", by applying a levy of 16 cents for each one hundred dollars
of assessed value for 2020, be read a third time, enacted and the Corporate Common
Seal affixed thereto.
IL [0000114L1:k]k]11191
Read a third time by title, the by-law entitled, "A Law to Amend By -Law Number BIA-2,
Business Improvement Levy By -Law."
10.3 Central Peninsula Neighbourhood Plan — Municipal Plan Amendment and Zoning
Bylaw Amendment (3rd Reading)
Responding to questions, Community Planning Manager K. Melanson commented on
the height restriction in non -growth areas i.e. outside the central business district.
Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan:
RESOLVED that the by-law entitled, "By -Law Number CP 106-22 A Law to Amend the
Municipal Plan By -Law" amending the Municipal Plan to update policies related to the
introduction of the Central Peninsula Secondary Plan, including but not limited to Land
Use, Transportation and Heritage policies, be read.
MOTION CARRIED with Councillors Armstrong and Casey voting nay.
IN accordance with the Local Governance Act sub -section 15(3) the by-law entitled, "By -
Law Number CP 106-22 A Law to Amend the Municipal Plan By -Law" instead of being
read in its entirety was read in summary as follows:
"The Municipal Plan By -Law of The City of Saint John enacted on the 30th day of January,
A.D., 2012 is amended by:
• Adoption of an amendment to the Municipal Development Plan, which will
incorporate the Central Peninsula Secondary Plan
10
15
COMMON COUNCIL/ CONSEIL COMMUNAL
January 13, 2020 / le 13 janvier 2020
• Amending the Municipal Plan to update policies related to the introduction of
the Central Peninsula Secondary Plan, including but not limited to Land Use,
Transportation and Heritage policies."
Moved by Deputy Mayor McAlary, seconded by Councillor Merrithew:
RESOLVED that the by-law entitled, "By -Law Number CP 106-22 A Law to Amend the
Municipal Plan By -Law" amending the Municipal Plan to update policies related to the
introduction of the Central Peninsula Secondary Plan, including but not limited to Land
Use, Transportation and Heritage policies, be read a third time, enacted, and the
Corporate Common Seal affixed thereto.
MOTION CARRIED with Councillors Armstrong and Casey voting nay.
Read a third time by title, the by-law entitled, "By -Law Number CP 106-22 A Law to
Amend the Municipal Plan By -Law."
Moved by Deputy Mayor McAlary, seconded by Councillor Reardon:
RESOLVED that the by-law entitled, "By -Law Number CP 111-86 A Law to Amend the
Zoning By -Law of The City of Saint John", that would implement Central Peninsula
Secondary Plan policies through new regulations, which would include but are not
limited to: a new building design and height framework and amendments to the
Waterfront Commercial (CW) Zone in order to adopt and implement the Central
Peninsula Secondary Plan, be read.
MOTION CARRIED with Councillors Armstrong and Casey voting nay.
In accordance with the Local Governance Act sub -section 15(3) the by-law entitled, "By -
Law Number CP 111-86 A Law to Amend the Zoning By -Law of The City of Saint John",
instead of being read in its entirety was read in summary as follows:
"The Zoning By -Law of The City of Saint John enacted on the fifteenth day of December,
A.D., 2014 is amended by:
• Adoption of an amendment to the Zoning By-law that would implement Central
Peninsula Secondary Plan policies through new regulations, which include but
are not limited to: a new building design and height framework and
amendments to the Waterfront Commercial (CW) Zone."
Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan:
RESOLVED that the by-law entitled, "By -Law Number CP 111-86 A Law to Amend the
Zoning By -Law of The City of Saint John", that would implement Central Peninsula
Secondary Plan policies through new regulations, which would include but are not
limited to: a new building design and height framework and amendments to the
Waterfront Commercial (CW) Zone in order to adopt and implement the Central
11
COMMON COUNCIL/ CONSEIL COMMUNAL
January 13, 2020 / le 13 janvier 2020
Peninsula Secondary Plan, be read a third time, enacted, and the Corporate Common
Seal affixed thereto.
MOTION CARRIED with Councillors Armstrong and Casey voting nay.
Read a third time by title, the by-law entitled, "By -Law Number CP 111-86 A Law to
Amend the Zoning By -Law of The City of Saint John."
10.4 Consolidated and Updated Parking By -Law (formally the Parking Meter By -Law)
(1St and 2nd Reading)
Moved by Deputy Mayor McAlary, seconded by Councillor Strowbridge:
RESOLVED that the consolidated and updated bylaw entitled, "By -Law Number LG -8 A
By -Law respecting the Regulation of Parking in The City of Saint John", which
incorporates amendments to the body of the by-law and to update the by-law in order
to comply with new requirements under the Local Governance Act, be read a first time.
MOTION CARRIED.
Read a first time by title, the by-law entitled, "By -Law Number LG -8 A By -Law respecting
the Regulation of Parking in The City of Saint John."
Moved by Deputy Mayor McAlary, seconded by Councillor Strowbridge:
RESOLVED that the consolidated and updated bylaw entitled, "By -Law Number LG -8 A
By -Law respecting the Regulation of Parking in The City of Saint John", which
incorporates amendments to the body of the by-law and to update the by-law in order
to comply with new requirements under the Local Governance Act, be read a second
time.
MOTION CARRIED.
Read a second time by title, the by-law entitled, "By -Law Number LG -8 A By -Law
respecting the Regulation of Parking in The City of Saint John."
11. Submissions by Council Members
11.1 Upcoming Municipal Election
Moved by Councillor Strowbridge, seconded by Councillor Sullivan:
RESOLVED that the Common Clerk hold two public meetings in conjunction with
Elections New Brunswick that outline the commitment and expectations that are placed
upon elected members of Common Council. These meetings must take place on or
before March 31St, 2020. Furthermore, that the Common Clerk develop a "Handbook for
12
17
COMMON COUNCIL/ CONSEIL COMMUNAL
January 13, 2020 / le 13 janvier 2020
Prospective Candidates" (an assembly of key documents and plans) to be placed on the
City's website.
MOTION CARRIED.
12. Business Matters - Municipal Officers
12.1 Continuous Improvement Initiatives Update
Moved by Deputy Mayor McAlary, seconded by Councillor Merrithew:
RESOLVED that the Continuous Improvement Initiatives Update be received for
information.
MOTION CARRIED.
12.2 Sustainability Initiatives
12.2.1 Fire Light Vehicle Response Medical Calls—Sustainability Item
Moved by Councillor Sullivan, seconded by Deputy Mayor McAlary:
RESOLVED that as recommended by the City Manager in the submitted report M&C
2020-016: Fire Light Vehicle Response Medical Calls — Sustainability Item, Common
Council endorse the proposed Fire Light Vehicle Response Medical Calls — Sustainability
Item as an option to be considered in addressing the entirety of the deficit in 2021 and
2022.
MOTION CARRIED.
12.2.2 Progress Tracking - Sustainability Item
Moved by Deputy Mayor McAlary, seconded by Councillor Reardon:
RESOLVED that the submitted report M&C 2020-014: Sustainability Initiative Progress
Tracking, be received for information.
MOTION CARRIED.
12.3 Civic Recognition/ Awards Program
Moved by Deputy Mayor McAlary, seconded by Councillor Reardon:
RESOLVED that as recommended by the City Manager in the submitted report M&C
2019-236: Civic Recognition/Awards Program, Common Council approve the Civic
Recognition/Awards Program and the Civic Recognition/Awards policy.
IL 100000114Y1:k]k]11191
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COMMON COUNCIL/ CONSEIL COMMUNAL
January 13, 2020 / le 13 janvier 2020
12.4 Work Priorities 2019 — End of Year Report
The City Manager outlined the 2019 work plan and thanked staff for their exceptional
efforts and accomplishments.
Moved by Deputy Mayor McAlary, seconded by Councillor Hickey:
RESOLVED that the City Manager Work Priorities 2019 — End of Year Report be received
for information.
MOTION CARRIED.
13. Committee Reports
14. Consideration of Issues Separated from Consent Agenda
15. General Correspondence
15.1 Letter from Premier Higgs - Response to Council's request to changes of Action
Plan
The City Manager advised that the letter received from the Premier addresses the
Interim Funding Agreement and whether any unspent funding can be spent on other
purposes, and also whether planned adjustments to front line services in 2020 will
affect the 2020 funding. The Premier advised:
➢ The City's 2020 frontline services impacts will not affect the 2018 Agreement;
➢ The 2020 financial arrangement will permit unspent funds to fund restructuring
efforts in either 2020 or 2021;
➢ Carrying forward unspent funds cannot be contemplated at this time. The Province
will review the Action Plan and the operational status of the City in March 2020.
Moved by Deputy Mayor McAlary, seconded by Councillor Hickey:
RESOLVED that the Letter from Premier Higgs - Response to Council's request to
changes of Action Plan be received for information.
IL 10000►[4L1:k]k]11191
15.2 Tee Off for Mental Health 2020 — Sponsorship Request
Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan:
RESOLVED that the Tee Off for Mental Health 2020 — Sponsorship Request be referred
to the Community Grants Committee.
IL 10000►[4L1:k]k]11191
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COMMON COUNCIL/ CONSEIL COMMUNAL
January 13, 2020 / le 13 janvier 2020
15.3 M.E. Carpenter re: Transit Qualifications
Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan:
RESOLVED that the M.E. Carpenter Letter re: Transit Qualifications be received for
information.
MOTION CARRIED.
16. Supplemental Agenda
17. Committee of the Whole
17.1 Freedom of the City (Tabled December 2, 2019)
Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan:
RESOLVED that Freedom of the City be lifted from the table.
MOTION CARRIED.
Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan:
RESOLVED that as recommended by the Committee of the Whole, having met on
December 2, 2019, Common Council approves the Request to Grant Freedom of the City
to 403 (City of Calgary) Helicopter Operational and Training Squadron be granted and
that the ceremony be held in the fall of 2020 or the spring of 2021.
MOTION CARRIED UNANIMOUSLY.
17.2 Budgetary Direction — Saint John Police Commission 2021 and 2022
Moved by Deputy Mayor McAlary, seconded by Councillor Merrithew:
RESOLVED that as recommended by the Committee of the Whole, having met on
January 13th 2020, Common Council issue the submitted letter (Attachment A) to the
Saint John Police Commission formally advising them that they must address a
proportional share of the City's projected overall deficit in 2021 and 2022 (currently
estimated to be $10 million annually) through workforce adjustments and personnel
policy changes. This amounts to $1.175 million annually in workforce -related cost
adjustments for the Saint John Police Force.
MOTION CARRIED with Councillor Reardon voting nay, stating she supports the $1.175M
reduction in their budget, but felt the City should not direct how the cuts be made.
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COMMON COUNCIL/ CONSEIL COMMUNAL
January 13, 2020 / le 13 janvier 2020
17.3 Voluntary Separation Program
Moved by Deputy Mayor McAlary, seconded by Councillor Strowbridge:
RESOLVED that as recommended by the Committee of the Whole, having met on
December 13th 2020, Common Council adopt the submitted Human Resources Policy,
"2019 Voluntary Separation Program" including the criteria and benefit formula herein.
MOTION CARRIED.
18. Adjournment
Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan:
RESOLVED that the meeting of Common Council held on January 13, 2020 be adjourned.
MOTION CARRIED.
The Mayor declared the meeting adjourned at 9:50 p.m.
16
21
' Saint John
Parking Commission
Commission sur Ile
stationnement de Saint John
January 13, 2020
Jonathan Taylor
Common Clerk
City of Saint John
Stn Floor, City Hall
Saint John, NB
Dear Mr. Taylor,
-SAINT JOHN TRANSIT
RE: Appointment of Brandon Hutchings, Badge No.9970
Canadian Corps of Commissionaires
as a By -Law Enforcement Officer
We are requesting that the following resolution be presented to Common Council
for approval:
"Resolved that pursuant to Section 14 of the Police Act of the
Province of New Brunswick, the Common Council of the City of
Saint John does hereby appoint the following member of the
Canadian Corps of Commissionaires as By -Law Enforcement
Officer with the responsibility and authority to enforce provisions of
the Parking Meter By -Law and the provisions of Section 5, Section
5.1, Section 7, Section 8, Section 15 and Section 16 of the Saint
John Traffic By -Law, namely: Brandon Hutchings, Badge No.9970.
And further that this appointment shall continue until such time as
the appointee ceases to be a member of the Canadian Corps of
Commissionaires or until the appointment is rescinded by Common
Council, whichever comes first."
Yours truly,
Marc Dionne
General Manager
Saint John Transit & Parking Commission
/PC
11th Floor, City Hall, P.O. Box 1971, Saint John, N.B. E2L 41-1 -Tel: (506) 632-7275 • E-mail: parking@saintjohn.ca
11 14me ttage, Mel de Ville, C.P.1971, Saint John, N. -B. E2L 41-1 -T6I: (506) 632-7275 - Courriel: park! ng@saintjohn.ca
www.saintjoRQca/parking
I Saint John
Parking Commission
Commission sur le
stationnement de Saint John
January 9, 2020
Jonathan Taylor
Common Clerk
City of Saint John
8th Floor, City Hall
Saint John, NB
Dear Mr. Taylor,
SAINT JOHN TRANSIT -
i
j
RE: Appointment of Paula Carroll, Saint John Parking Commission,
as Assistant Inspector under the Vehicles for Hire By-law
We are requesting that the following resolution be presented to Common Council
for approval:
RESOLVED, that as recommended by the City Manager, the
following resolution be adopted:
WHEREAS the Common Council of The City of Saint John has
enacted certain by-laws pursuant to the authority of the Local
Govemance Act, S.N.B. 2017 c.18, and amendments thereto, (the
"Local Govemance Act") including the Vehicles for Hire By-law, By-
law Number M-12, and amendments thereto, and it may designate
an Inspector for the administration and enforcement of said By-law;
AND WHEREAS section 72 of the Local Governance Act provides
that a council may appoint by-law enforcement officers for the local
government and may determine their terms of office;
AND WHEREAS section 150(1) of the Local Govemance Act
provides that proceedings for breach of a by-law shall be
commenced in the name of the clerk of the municipality or such
other person as is designated for that purpose by the council;
NOW THEREFORE BE IT RESOLVED, that Paula Carroll, is
hereby appointed as Assistant Inspector and By-law Enforcement
Officer for the administration and enforcement of the Vehicles for
Hire By-law which received first and second reading by Common
Council on July 9, 2018 and third reading on July 30, 2018, being
enacted under the Local Govemance Act, effective immediately,
11th Floor, City Hall, P.Q. Box 1971, Saint John, N.B. E21.41-1 -Tel: (506) 632-7275 - E-mail: parking@saintjohn.ca
11 i6me Etage, HBtel de Ville, C.P. 1971, Saint John, N. -B. E21_ 40 -T6I: (506) 632-7275 - Courriel: parking@saintjohn.ca
www.saintjoQi�ca/parking
and this authorization shall continue until she ceases to be an
employee of the Saint John Parking Commission or until rescinded
by Common Council, whichever comes first;
AND BE IT FURTHER RESOLVED, that Paula Carroll is hereby
designated and authorized to lay informations in the Provincial
Court of the Province of New Brunswick for breach of the Vehicles
for Hire By-law, effective immediately, and this designation and
authorization shall continue until she ceases to be an employee of
the Saint John Parking Commission or until it is rescinded by
Common Council, whichever comes first.
Yours truly,
Marc Dionne
Operations Manager
Saint John Parking Commission
/PC
0&1
January 10, 2020
Jonathan Taylor
Common Clerk
City of Saint John
81h Floor, City Hall
Saint John, NB
Dear Mr. Taylor,
SAINT JOHN TRANSIT
RE: Appointment of Paula Carroll, Saint John Parking Commission,
as a By -Law Enforcement Officer
We are requesting that the following resolution be presented to Common Council
for approval:
"Resolved that pursuant to Section 14 of the Police Act of the
Province of New Brunswick, the Common Council of the City of
Saint John does hereby appoint the following employee of the Saint
John Parking Commission as By -Law Enforcement Officer with the
responsibility and authority to enforce provisions of the Parking
Meter By -Law and the provisions of Section 5, Section 5.1, Section
7, Section 8, Section 15 and Section 16 of the Saint John Traffic
By -Law, namely: Paula Carroll, Saint John Parking Commission.
And further that this appointment shall continue until such time as
the appointee ceases to be an employee of the Saint John Parking
Commission or until the appointment is rescinded by Common
Council, whichever comes first."
Yours truly,
Marc Dionne
General Manager
Saint John Transit & Parking Commission
IPC
11th Floor, City Hall, P.O. Box 1971, Saint John, N.B. E2L 4L1 • Tel: (506) 632-7275 • E-mail: parking@saintjohn.ca
11 i6me ttage, H6tel de Ville, C.P.1971, Saint John, N. -B. E21L 41-1 • TO: (506) 632-7275 - Courriel: parking@saintjohn.ca
www.saintjoWrt ca/parking
COUNCIL REPORT
M&C No.
2020-24
Report Date
January 20, 2020
Meeting Date
January 27, 2020
Service Area
Finance and
Administrative Services
His Worship Don Darling and Members of Common Council
SUBJECT: 2020 Spring Debenture Issue — Notice of Motion
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Commissioner/Dept. Head+Jcci
ty Manager
Craig Lavigne
Kevin Fudge
hnCollin
RECOMMENDATION
His Worship the Mayor gave the following Notice of Motion. "I do hereby give
Notice that I will, at a meeting of Common Council held after the expiration of
thirty days from this day, move or cause to be moved, the following resolution:
Namely,
RESOLVED that occasion having arisen in the public interest for the following
Public Civic Works and needed Civic Improvements, that is to say:
(Details to be read from "Purpose of the Issue")."
THEREFORE RESOLVED that debentures be issued under provisions of the Acts of
Assembly 52, Victoria, Chapter 27, Section 29 and amendments thereto, to the
amount of $ 7,500,000.
EXECUTIVE SUMMARY
The attached Notice of Motion has been prepared as a first step in requiring
refinancing of debentures issued in June, 2010.
PREVIOUS RESOLUTION
N/A
41.1
-2 -
REPORT
The attached Notice of Motion has been prepared as a first step in refinancing of
debentures issued in June 2010. The purpose of the issue is summarized on the
attached schedule.
The Notice of Motion places the City in a position to take action after the expiry
of 30 days at such time as bond market conditions and opportunities permit.
At this stage, it is not necessary to set limits with respect to the coupon rate or
the terms for which bonds are to be issued. These will be established at a later
date and will be related to the market conditions at that time.
Purpose of Issue
The City of Saint John
Proposed issue of Debentures
To Be Dated On or after February 27th, 2020
REFINANCE DEBENTURES
Debenture No. BC 7- 2010 $ 5,000,000
(General Fund — 5 years)
Debenture No. BC 8 -2010 $ 2,500,000
(Water & Sewerage —10 years)
TOTAL $ 7,500,000
SERVICE AND FINANCIAL OUTCOMES
N/A
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
N/A
ATTACHMENTS
N/A
WA
COUNCIL REPORT
M&C No.
2020-27
Report Date
January 21, 2020
Meeting Date
January 27, 2020
Service Area
Transportation &
Environment Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: Update - 2020 Water and Sewerage Utility Fund and General Fund
(Storm & Transportation Categories) Capital Programs
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Commissioners
City Manager
Brian Keenan
Michael Hugenholtz/
Brent McGovern
John Collin
RECOMMENDATION
It is recommended that Council receive and file this report.
EXECUTIVE SUMMARY
The 2020 Water and Sewerage Utility Fund Capital Program and the 2020
General Fund Capital Program were approved by Council on August 19, 2019.
The majority of the approved 2020 Capital Program projects ( 13 projects) are
funded by City share and/or Gas Tax Funding. There are however 7 projects that
were approved under the 2020 Capital Programs "subject to successful funding
under Bilateral Funding."
Unfortunately, the City has not yet received approval of any Bilateral Funding to
support the Capital Program projects.
PREVIOUS RESOLUTIONS
On August 19, 2019; 2020 Water and Sewerage Utility Fund Capital Program
approved.
On August 19, 2019; 2020 General Fund (Storm and Transportation categories)
Capital Program approved.
4.11
-2 -
REPORT
BACKGROUND
In 2017, the Government of Canada announced a $33 Billion, 10 -year funding
agreement with Provinces and Territories under four funding streams, including
public transit, green infrastructure, community cultural and recreation
infrastructure, and infrastructure needs for rural and northern communities.
The Province of New Brunswick signed the Bilateral agreement with the Federal
Government in March 2018. The agreement provides for more than $673 Million
dollars in Federal funding over the next decade. Projects are required to be cost -
shared Federal 40%, Provincial 33%, Municipal 27%.
On May 7, 2019, the Province issued a Call for Proposals under the Bilateral
agreement requesting municipalities to submit an "Expression of Interest"
{Application} by June 28, 2019.
In response to the Provincial Call for Proposals, the City of Saint John on June 28,
2019 submitted two Expressions of Interest funding applications one for the
Fundy Quay project and a second one for various sanitary and storm separation
projects under the Green Infrastructure stream. The Green Infrastructure
application included a funding request for 7 projects under the 2020 Capital
programs.
ANALYSIS
The Bilateral Funding applications were requested to be submitted through the
Regional Development Corporation (RDC) and City staff have been in contact
with representatives from RDC on an ongoing basis. In the most recent contact,
City staff were advised that applications would be reviewed in February 2020.
Seven months have passed since the City submitted the applications under the
Bilateral program and unfortunately the City has yet to receive any confirmation
regarding funding approvals.
The concern is now with the status of the projects that are dependent on
Bilateral funding in order to proceed. The City is planning for the release of
tenders for 2020 Capital program projects. Unfortunately, only the Capital
Projects with confirmed funding under City share, Gas Tax Fund and Disaster
Mitigation and Adaptation Fund can proceed to tender at this time.
The 7 projects identified as requiring successful Bilateral funding in order to
proceed were selected as high-priority projects as the sanitary sewer has a high
risk of failure (late 1800's Terra Cotta combined sewers condition Grade 5 - most
Wel
-3 -
significant defect grade) or because capacity issues in the sanitary sewer would
be an obstacle to approvals for proposed development projects in the Uptown.
Staff have been proceeding with design work on the 2020 projects identified for
Bilateral Funding but if Bilateral Funding approvals are not received soon it will
be too late to tender and construct the projects in 2020.
Staff will continue to monitor progress with Bilateral Funding approvals through
RDC and will report to Council at a later date regarding 2020 Capital Program
revisions as a result of any Bilateral Funding shortfalls.
STRATEGIC ALIGNMENT
This report aligns with Council's Priority for Valued Service Delivery, specifically as
it relates to investing in sustainable City services and municipal infrastructure.
The City is also being financially responsible by seeking funding from alternative
sources.
SERVICE AND FINANCIAL OUTCOMES
The 2020 Capital Programs that were approved by Council on August 19, 2019
have been attached for information.
A 2020 tender schedule has also been attached that only includes the projects
with confirmed funding under City share, Gas Tax Fund and Disaster Mitigation
and Adaptation Fund.
This 2020 tender schedule will be released to the Saint John Construction
Association for their information regarding upcoming construction tender
releases. Without the funding support from the Bilateral program, the overall
tender schedule is "scaled back" considerably when compared to the approved
Capital Programs.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
This report has been reviewed with the Finance and Administration Services
Department.
ATTACHMENTS
• Approved 2020 Water and Sewerage Utility Fund and General Fund (Storm
& Transportation Categories) Capital Programs
• 2020 Planned Capital Program Tendering Schedule
W
MOH: MUNICIPAL DESPGNATED HIGHWAYS Approved August -19-19 - (M & C No. 2019-204)
PDH: PROVINCIALLY DESIGNATED HIGHWAYS
RDH: REGIONALLY DE&GNATED HIGHWAYS
w&s/Pvt: WATER AND SEWER OR PAVEMENT RELATED PROJECTS
G": PROJECTS CARRIED OVER FOR COMPLETION THE FOLLOWING YEAR
PROJECTS IDENTIFIED WITH' ARE DEPENDANT ON FUNDING FROM OTHERS
Project On Location Description Other Utility
going Share Share
* Musquash Water Pump Musquash Upgrade"reconstruction - appropriate pump 1,020,000 1,700,000
Station sizing, electrical upgrades, flood proofing, etc.
Including design and construction management
services. Phase A. Project to be partially funded
under DMAF.
MDH: MUNICIPAL DESIGNATED HIGHWAYS Approved August -19-19 - (M & C No. 2019-204)
PDH: PROVINCIALLY DESIGNATED HIGHWAYS
RDH: REGIONALLY DESIGNATED HIGHWAYS
w&slPvt: WATER AND SEWER OR PAVEMENT RELATED PROJECTS
C-"": PROJECTS CARRIED OVER FOR COMPLETION THE FOLLOWiNG YEAR
PROJECTS IDENTIFIED WITH' ARE DEPENDANT ON FUNDING FROM OTHERS
Project
On Location
Description
Other Utility
going
Share Share
' Broadview Avenue
Charlotte Street to Carmarthen
Renew 275 m of 375 mm T.C. sanitary sewer
237,250 87,750
Street
(Condition Grade of 4 ), including design and
construction management services. Subject to
successful funding under Bilateral Funding.
* Celebration Street
Slanley Street to end
Renew 100 In of 375mm and 450mm T.C.
150,000
sanitary sewer, including design and
construction management services. Project to be
funded under the G.T.F.
Douglas Avenue
Civic 399 to 425
Install approx. 150m of 200mm and 27m of
300,000 25„000
150mm sanitary sewer, including land, design,
and construction management services. Project
to be partially funded under G.T.F.
G&D • Germain Street
St. James Street to Lower Cove
Renew 100 in of 375 mm T.0 sanitary sewer
105,850 391l$0
Loop
(with an in service year of 1884), including
design and construction management services.
Subject to successful funding under Bilateral
Funding.
G&D * Lower Cove Loop
Charlotte Street to Germain
Install 150 m of 525 mm sanitary sewer,
248,200 91 „800,
Street
including design and construction management
services. Subject to successful funding under
Bilateral Funding.
One Mile Lift Station
Rothesay Avenue at Russell
New pumping station, new screening channel
5,000,000 0
Street
structure and associated budding to replace the
existing pumping station that is at the end of
asset life to provide for relible collection of
wastewater, including design and construction
management services. Project to be funded
under the G.T.F.
Princess Street
Wentworth Street to Crown
Renew approx 250m of 225mm and 300mm
219,000 81 „000
Street
T.C. sanitary sewer (Condition Grade of 5 with
an in service year of 1893), with new 200mm
and 300mm sanitary sewer, including design
and construction management services, Subject
to successful funding under Bilateral Funding..
* St. James Street
Prince William Street to
Renew 11 1 m of 250nun and 375 mm TC.
94,900 35,100
Germain Street
sanitary sewer (Condition Grade of 3.5 with an
in service year of 1876), including design and
construction management services. Subject to
successful funding under Bilateral funding -
Structural lining
Various Locations
Structurally line and point repairs to sanitary
0 225,000
sewers, including design and construction
management services.
Wastewater Pumping
Prospect Street West at Walnut
Pumping station, land acquisition, and required
0 520,000
Street
piping to direct flows to sewer on Main Street
West for treatment at the Lancaster Lagoon,
including construction management services..
MDH: MUNICv;PAL DESIGNATED HIGHWAYS Approved August -19-19 - (M & C No. 2019-204)
PDH: PROVINCIALLY DESIGNATED HIGHWAYS
RDH: REGIONALLY DESIGNATED HIGHWAYS
w&s/Pvt: WATER AND SEWER OR PAVEMENT RELATED PROJECTS
C-**: PROJECTS CARRIED OVER FOR COMPLETION THE FOLLOWING YEAR
PROJECTS IDENTIFIED WITH `ARE DEPENDANT ON FYJ'NDING FROM OTHERS
Infrastructure i ''
Project On Location Description Other Utility
going Share Share
*' Waterloo Street Haymarket Square to Castle
Street
* Wentworth Street Elliott Row through King Street
East intersection
WWPS Lift Station C 515 Green Head Road
Renew approx, 330m of 300mm and 375mm 299,300 110,700
T.C,sanitary sewer ( Condition Grade of 5 with
a in service year of 1869), including design and
construction management services. Subject to
successful funding under Bilateral Funding.
Renew 90 m of 300 mm T.C. sanitary sewer 83,950 31,050
(Condition Grade of 4 with a year in service of
1867), including construction management
services. Subject to successful funding under
Bilateral Funding,
Reconstruct lift station above flood level to 200,000 300,000
provide for reliable collection of wastewater,
including design and construction management
services Project to be partially funded under
DMAF.
MDH: MUNICIPAL DESIGNATED HIGHWAYS Approved August -19-19 - (M & C No. 2019-204)
PDH: PROVINCIALLY DESIGNATED HIGHWAYS
RDH: REGIONALLY DESIGNATED HIGHWAYS
w&sIPvL WATER AND SEWER OR PAVEMENT RELATED PROJECTS
C-": PROJECTS CARRIED OVER FOR COMPLETION THE FOLLOWING YEAR
PROJECTS IDENTIFIED WITH `ARE DEPENDANT ON FUNDING FROM OTHERS
I
Project
On Location
Description
Other Utility
going
Share Share
* Broadview Avenue
Charlotte Street to Carmarthen
Renew 275 m of 150 mm C.I. watermain
219,000 81,000
Street
(1917), including design and construction
management services. Subject to successful
funding under Bilateral Funding.
* Celebration Street
Stanley Street to end
Renew 100 In of 3 00m C.I. watermain,
150,000
including design and construction management
services. Project to be funded under the G.T.F.
Engineering
Various locations
Funding for engineering investigations and
0 250,000
Investigations and Design
design for various projects under the Water and
Sanitary categories.
* Fleet Replacement
Various locations
Fleet Replacement for Saint John Water. Project
485,000 0
to be funded under Fleet Reserve.
G&D ' Germain Street
St. James Street to Lower Cove
Renew 100 m of 200 mm C.1, watermain
87,600 32,400
Loop
(1955), including design and construction
management services. Subject to successful
funding under Bilateral Funding.
Hayes Avenue Area
Civic ti289 Gault Road to Civic
Install approx. 530m of 200mm watermain on
0 950,000
#484 Gault Road
Gault Road as well as a PRV to connect the
Hayes Avenue system, including construction
management services.
G&D Lower Cove Loop
Charlotte Street to Germain
Install 150 m of 200 mm watermain, including
131,400 48,600
Street
design and construction management services.
Subject to successful funding under Bilateral
Funding.
* Princess Street
Wentworth Street to Crown
Renew approx. 275m of 250mm CA. (1924)
299,300 110,700
Street
watermain, including design and construction
management services. Subject to successful
funding under Bilateral Funding.
Removal of cross-
Ocean Westwest I Route 7
Removal of two cross- connections on Potable
0 150,000
connections on Potable
Overpass
Water and Raw Water Transmission mains,
Water and Raw Water
including construction management services.
Transmission mains
St. James Street
Prince William Street to
Renew 1 10 In of 250 nun C.1. watermain
120,450 44,550
Germain Street
(1876), including design and construction
management services. Subject to successful
funding under Bilateral funding.
Waterloo Street
Haymarket Square to Castle
Renew approx, 330m of 300mm C.I. watermain
434,350 160,650
Street
(1856), including design and construction
management services. Subject to successful
funding under Bilateral Funding.
*' Watennain Cleaning and
Various locations
Cleaning and lining of existing unlined C.I.
500,000 0
Lining Phase 17
watermains to improve pressure, water quality,
and fire flows. Project to be funded under G.T.F,
MDH: MUNICIPAL DESIGNATED HIGHWAYS Approved August -19-19 - (M & C No. 2019-204)
PDH: PROVINCIALLY DESIGNATED HIGHWAYS
RDH: REGIONALLY DESIGNATED HIGHWAYS
W&SlPvt: WATER AND SEWER OR PAVEMENT RELATED PROJECTS
C-": PROJECTS CARRIED OVER FOR COMPLETION THE FOLLOWING YEAR
PROJECTS IDENTIFIED WITH' ARE DEPENDANT ON FUNDING FROM OTHERS
Project On Location Description Other Utility
going Share Share
' Wentworth Street Elliott Row through King Street Renew 90 m of 300 mm C.I. watermain (1931), 124,100 45,900
East Intersection including construction management services.
Subject to successful funding under Bilateral
Funding.
MDH: MUNICIPAL DESIGNATED HIGHWAYS Approved August -19-19 M&C 2019-203
PDH: PROVINCIALLY DESIGNATED HIGHWAYS
RDH: REGIONALLY DESIGNATED HIGHWAYS
w&s/Pvt: WATER AND SEWER OR PAVEMENT RELATED PROJECTS
C-**: PROJECTS CARRIED OVER FOR COMPLETION THE FOLLOWING YEAR
PROJECTS IDENTIFIED WITH' ARE DEPENDANT ON FUNDING FROM OTHERS
Project
On Location
Description
Other
City
going
Share
Share
w&s " Broadview Avenue
Charlotte Street to Carmarthen
Install 275 m of 375 mm and 450 mm storm
193,450
71,550
Street
sewer, including design and construction
management services. Subject to successful
funding under Bilateral Funding.
w&s "Celebration Street
Stanley Street to end
Install approx. 100m of new 300mm storm
100,000
sewer for separation, including design and
construction management services. Project to
be funded under the G.T.F.
G&D" Germain Street
St. James Street to Lower Cove
Install 125 in of 600 mm storm sewer for
109,500
40,500
Loop
separation, including design and construction
management services. Subject to successful
funding under Bilateral Funding.
G&D, Millidgeville inflow and
Millidgeville Area
Separation of storm from sanitary and
1,000,000
0
infiltration reduction
eliminaticin of inflow and infiltration to reduce
or eliminate sewer overflows. Project to be
funded with remaining G.T.F. Funding from
20142018 program.
w&s Princess Street
Wentworth Street to Crown
Install approx. 255m ofnew 300mm storm
156,950
58,050
Street
sewer for separation, including design and
construction management services. Subject to
successful funding under Bilateral Funding.
Shamrock Park Sewer
Shamrock Park
Renew approx. 210m of 1.2m x 1.8m box
1,000,000
0
Renewal
culvert with new 2400mm concrete pipe,
including construction management services.
Project to be funded under G.T.F.
w&s ' St. James Street
Prince William Street to
Install 113 m of 300 mm storm sewer for
69,350
25,650
Germain Street
separation, including design and construction
management services. Subject to successful
funding under Bilateral funding.
w&s * Waterloo Street
Haymarket Square to Castle
Install approx. 400m of new 300mm and
350,400
129,600
Street
375mm storm sewer for separation, including
design and construction management services.
Subject to successful funding under Bilateral
Funding.
w&s * Wentworth Street
Elliott Row through King Street
Install 90 m of new 375 mm storm sewer for
69,350
25,650
East Intersection
separation, including design and construction
management services. Subject to successful
funding under Bilateral Funding.
MDH. MUNICIPAL DESIGNATED HIGHWAYS Approved August -19-19 M&C 2019-203
PDH: PROVINCIALLY DESIGNATED HIGHWAYS
RDH: REGIONALLY DESGNATED HIGHWAYS
w&slPvt WATER AND SEWER OR PAVEMENT RELATED PROJECTS
G-”: PROJECTS CARRIED OVER FOR COMPLETION THE FOLLOWING YEAR
PROJECTS IDENTIFIED WBTH' ARE DEPENDANT ON FUNDING FROM OTHERS
Project
On Location
Description
Other City
going
Share Share
Asphalt Roadway
Various locations
Renewal of asphalt roadway and concrete curb
1,645,000
Resurfacing and Curb &
and sidewalk including drainage control and
Sidewalk Renewal -
landscaping; in conjunction with the annual
Neighbourhoods
asphalt roadway maintenance and rehabilitation
program -
Asphalt Roadway
Various locations
Renewal of asphalt roadway and concrete curb
1,980,000
Resurfacing and Curb &
and sidewalk including drainage control and
Sidewalk Renewal -
landscaping in conjunction with the annual
Neighbourhoods
asphalt roadway maintenance and rehabilitation
program. Pay as you go.
Asphalt Roadway
Various locations
Renewal of asphalt roadway and concrete curb
1,500,000
Resurfacing and Curb &
and sidewalk including drainage control and
Sidewalk Renewal -
landscaping in corjiunction with the annual
Neighbourhoods
asphalt roadway maintenance and rehabilitation
program. Project to be funded under G.T.F.
w&s
Broadview Avenue
Charlotte Street to Carmarthen
Street reconstruction (excavation, backfill,
346,750 128,250
Street
curb, sidewalk, landscaping and paving)
including design and construction management
services. Asphalt pavements $97,000. LK 0.67
Subject to successful funding under Bilateral
Funding.
w&s
Celebration Street
Stanley Street to end
Street reconstruction (Excavation, backfill,
200,000
curb, sidewalk, landscaping, paving), including
design and construction management services.
Asphalt pavements $84,000 / 0.32LK. Project
to be funded under the G.T.F.
Engineering
Various locations
Funding for engineering investigations and
0 300,000
Investigations and Design
design for various projects under the Storm and
Transportation categories.
G&D'
Germain Street
St. James Street to Lower Cove
Street reconstruction (excavation, backfill,
124,100 45',900
Loop
curb, sidewalk, landscaping, paving), including
design and construction management services.
Asphalt Pavements $43,000 10.281-K. Subject
to successful funding under Bilateral Funding.
Guide Rail Replacement
Courtenay Bay Causeway
Replacement of existing deteriorated guide
0 300,000
rails.
w&s *
Princess Street
Wentworth Street to Crown
Street reconstruction (excavation, backfill,
346,750 128,250
Street
curb, sidewalk, landscaping, paving), including
design and construction management services.
Subject to successful funding under Bilateral
Funding.
w&s
St. James Street
Prince William Street to
Street reconstruction (excavation, backfill,
153,300 56„7001
Germain Street
curb, sidewalk, landscaping, paving), including
design and construction management services.
Asphalt Pavements $42,000 0.28LK. Subject
to successful funding under Bilateral funding.
MDH: MUNICIPAL DESIGNATED HIGHWAYS Approved August -19.19 M&C 2019.203
PDH: PROVINCIALLY DESIGNATED HIGHWAYS
RDH: REGIONALLY DESIGNATED HIGHWAYS
w&slPvt: WATER AND SEWER OR PAVEMENT RELATED PROJECTS
C--: PROJECTS CARRIED OVER FOR COMPLETION THE FOLLOWING YEAR
PROJECTS IDENTIFIED WITH' ARE DEPENDANT ON FUNDING FROM OTHERS
uuuuuuuuuuuuuuuuuuuuuuuum�uuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuumuumuuuummmuum'mmmmuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuumuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuum�uuuuuuum�uuuuumuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuu uu
ortiationi
u uuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuummuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuumuuummwmwwm'mmmmuuuuuuuuuuuuuuuuuuuuu
Project On Location Description Other City
going Share Share
w&s " Waterloo Street Haymarket Square to Castle Street reconstruction (excavation, backfill, 591,300 218,700
Street curb, sidewalk, landscaping and paving),
including construction management services.
Asphalt Pavements $150,000 � 0.98LK. Subject
to successful funding under Bilateral Funding.
w&s • Wentworth Street Elliott Row through King Street Street reconstruction (excavation„ curb„ 131,400 48„600
East Intersection sidewalk, landscaping, paving), including
design and construction management services.
Asphalt pavements $37,000 10.25 LK. Subject
to successful funding under Bilateral Funding...
CITY OF SAINT JOHN - 2020 PLANNED CAPITAL PROGRAM TENDERING SCHEDULE
Project
Description
Tender Advertisement
Tender Closing
Watermain Cleaning &
Lining
Cleaning & Lining Watermains at
Various Locations (2000m)
January28, 2020
February 18, 2020
Orthophosphate System
Installation of Orthophosphate - West
Water System
February 4, 2020
February 25, 2020
Celebration Street (Stanley
Street to End)
Water, Sanitary and Storm Sewer
Installation and Street Reconstruction
(100m)
February 18, 2020
March 10, 2020
Gault Road (Civic #289 to
#480)
Watermain Extension (530m)
February 25, 2020
March 17, 2020
Prospect Street @ Walnut
Street
New Sanitary Lift Station Installation
February 25, 2020
March 18, 2020
Sanitary Sewer Structural
Lining
Structural Lining of Sanitary Sewers at
Various Locations
March 3, 2020
March 24, 2020
Asphalt Resurfacing (Various
Locations)
Asphalt Resurfacing (25,000 tonnes)
Curb (8,500m)
Sidewalk (3,500m)
March 3, 2020
March 24, 2020
Michael Crescent
Renewal of Water Service Connections
March 3, 2020
March 25, 2020
Douglas Avenue (Civic #399
to #425)
New Sanitary Sewer (150m)
March 10, 2020
March 31, 2020
Shamrock Park
Storm Sewer Renewal (210m)
March 10, 2020
April 1, 2020
Ocean Westway
Watermain Reconfiguration (20m)
April 21, 2020
May 12, 2020
Musquash Water Pumping
Station
Upgrade/Flood Proofing of Existing
Water Pumping Station
April 28, 2020
May 19, 2020
Millidgeville Inflow and
Infiltration Reduction
Projects
Sanitary &Storm Separation Projects -
Various Locations Millidgeville
April 28, 2020
May 20, 2020
Carpenter Place
Sanitary Lift Station Pump Replacement
May 5, 2020
May 26, 2020
Greenhead Road @ Civic
#515
Sanitary Lift Station Replacement
May 12, 2020
June 2, 2020
Rothesay Avenue @ Seely
Street
Sanitary Lift Station Replacement
July 14, 2020
August 4, 2020
Note: The above tender dates are tentative and may be subject to change.
Refer to the City of Saint John website www. sa intjohn.ca for current tender advertisement and closing dates.
061
COUNCIL REPORT
M&C No.
2020-31
Report Date
January 22, 2020
Meeting Date
January 27, 2020
Service Area
Finance and
Administrative Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: Engineering Services - Municipal Buildings Deep Energy Retrofit
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Commissioner/Dept. Head
City Manager
Samir Yammine
Kevin Fudge
John Collin
RECOMMENDATION
It is recommended that the proposal submitted by MCW Maricor, for
Engineering Services for the Municipal Buildings Deep Energy Retrofit (MBDER)
project, in the amount of $346,099.60 plus HST including $31,463.60
contingency, be accepted. Additionally, it is recommended that the Mayor and
Common Clerk be authorized to execute the necessary contract documents.
EXECUTIVE SUMMARY
The purpose of this report is to seek Council's approval to award the Engineering
Services of the Municipal Buildings Deep Energy Retrofit, to MCW Maricor.
PREVIOUS RESOLUTION
On December 2, 2019, Common Council (M&C 2019-312) entered 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.
REPORT
The consultant firm will work closely with City staff to perform the following
scope of work:
• Phase A: Energy Evaluation and Assessment on over 35 Municipal and
Water Facilities
-2-
• Phase B: Energy Management Implementation Plan
• Phase C: Detailed Design and Tender Documents for the implementation
of energy conservation measures as well as asset renewal
• Phase D: Contract Management, Site Inspection, etc.
• Phase E: Construction Management
• Phase F: Measurement & Verification, Commissioning
The Municipal Buildings Deep Energy Retrofit will result in the following
outcomes:
• Reduce the City energy and operating cost by approximately $300,000
annually
• Reduce the City Infrastructure deficit by over $3 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 1000 CO2 Tons
• 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.
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
Funding for this project is provided by NB Power Energy Efficiency Program
($10,000), Low Carbon Economy Fund (40% or $138,440) with the remainder
funds provided by the 2020 City of Saint John General Capital program.
The costs for Phase A & B are based on fixed price. However, costs for Phase C,D,E and
F are based on estimated number of hours for each phase as provided by the City
Request For Proposal. It is expected that this project will have a two (2) year duration.
!II
-3 -
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
Materials Management facilitated the Request for Proposal (RFP) process to
solicit proposals for Engineering Services for the Municipal Building Deep Energy
Retrofit project.
As such the RFP closed on Thursday, December 19, 2019 with six (6) proponents
responding as follows:
Tweedie & Associates Consulting Engineers Ltd.
Dillon Consulting
Fundy Engineering & Consulting Ltd.
MCW Maricor
East Point Engineering Ltd.
CBCL Limited
A review committee, consisting of staff from Materials Management, Facility
Management and Harbour Station reviewed the submissions for completeness
and compliance with the RFP requirements and selection criteria consisting of
the following:
1. Quality and Completeness
2. Company Experience
3. Personnel
4. Methodology
5. Cost
In accordance with the City's standard procedures, the committee members
evaluated and ranked each proposal based on the proposals' technical merits.
Following this, the financial proposals were opened and evaluated and
corresponding scores were added to the technical scores.
MCW Maricor's proposal was ranked the highest based on an overall rating of
the evaluation criteria as well as offering a competitive cost acceptable to staff.
The above processes are in accordance with the City's Procurement Policy and
Materials Management support the recommendations being put forth.
:1
COUNCIL REPORT
M&C No.
2020-34
Report Date
January 22, 2020
Meeting Date
January 27, 2020
Service Area
Transportation and
Environment Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: Carleton Community Centre Service Agreement Extension for 2020
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Commissioner/Dept. Head
City Manager
Brad Adams
Tim O'Reilly/Michael
Hugenholtz
John Collin
RECOMMENDATION
City staff recommends the following:
• RESOLVED that the parties extend the agreement (11 months) in
consideration of the sum of $110,000 (HST Included) to December 31,
2020 between the City of Saint John and the Carleton Community Centre
Inc. dated November 14, 2017 for services, at the Carleton Community
Centre and that the terms and current agreement be extended except as
to any right to renew and that the Mayor and Common Clerk be
authorized to sign all necessary documentation.
• RESOLVED that the Attached agreement includes an additional payment
of $55,000 (HST Included) to The Boys & Girls Club of Saint John Inc for
the delivery of youth based programs run out of the Carleton Community
Centre for a total commitment of $165,000 (HST Included) from the City
of Saint John.
EXECUTIVE SUMMARY
The purpose of this report is to recommend extention of service contract for one
of the City's primary community centres.
!i93
-2 -
PREVIOUS RESOLUTION
RESOLVED on December 12, 2016 that the City would accept the proposal of the
CCC Inc (formerly referred to as the West Side Community Partners) to
commence operations of the Carleton Community Centre
RESOLVED on November 22, 2017 that the City of Saint John enter into
agreement with the CCC Inc to manage operations out of the Carleton
Community Centre
RESOLVED on November 19, 2018 that the City of Saint John extend the Service
Agreement with CCC Inc through to January 30, 2020
REPORT
Five primary community centres exist in Saint John that are funded significantly
by the City. The South End Community Centre is in St. John the Baptist/King
Edward School and is currently operated by the Boys and Girls Club. The Nick
Nicolle (North End) Community Centre is a city -owned building attached to the
former Lorne School and is currently operated by ONE Change. The Irving Oil
Field House (formely operated out of The Forest Glen Community Centre
attached to Forest Hills School) and is currently operated by the YMCA. The
Millidgeville Community Centre is attached to M. Gerald Teed School and is
operated by the YMCA. The Carleton Community Centre is a city -owned building
and is currently operated by Carleton Community Centre Inc.
There are also seven additional and completely neighbourhood owned and
operated community centres in the City. Each centre gets a lower level of City
funding to help offset costs, by way of the Community Grants envelope.
In addition, there are three privately owned and operated community centres,
being the Boys and Girls Club, The Saint John Regional Y and the Teen Resource
Centre.
A chapter of PIaySJ is dedicated to community centres. The strategic plan
identified there was a slight over -supply of community centres with 17 in the
City whereas 14 is the benchmark based on the City's population. Since PIaySJ
was adopted the Somerset Community Centre, a City staff operated centre, as
well as the Loch Lomond Community Centre, a neighbourhood owned/operated
centre, were closed.
PIaySJ also recommended the continued move from centres run by City staff to
those managed and operated by the community, referred to as Alternate Service
Delivery (ASD). The purpose for the move to ASD is to lower the cost of
!El!
-3 -
operating the community centres by allowing the respective service
organizations to leverage other partnerships, a volunteer base, and operational
efficiencies, particularly in the case of larger organizations such as YMCA or the
Boys and Girls Club. In the case of neighbourhood -based organizations such as
ONE Change, and Carleton Community Centre Inc. the ASD model allows
residents in the neighbourhood to continue to own their neighbourhood. City
staff once operated all primary community centres.
Staff is proposing an 11 month extension to this agreement. Typically
agreements are created for 2 or more years at a time. Given the City's current
financial status and the on-going review of many sustainability projects, staff are
recommending that all agreements sync at the proposed end date of December
3111, 2020. Further recommendations will be made leading into 2021.
City Staff continue to work towards further recommendations outlined in PIaySJ.
STRATEGIC ALIGNMENT
This report aligns with PIaySJ as well as Council's priorities related to:
• investing in arts, culture and recreation experiences that create a sense
of community pride, and
• continuous improvement toward operational efficiency through strategic
partnerships.
• Responsible spending leading into 2021.
SERVICE AND FINANCIAL OUTCOMES
The attached agreement would allow the same level of service be provided at
the Carleton Community Centres as was provided in 2019, with the caviat that
after-school and evening youth programs will now be facilited by The Boys &
Girls Club of Saint John Inc . The total cost to the City for the agreement for
fiscal year 2020 would be $165,000 (HST Included). The approved 2020 General
Fund Operating Budget, contains the required level of funding.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
The City Solicitor's office supported development of the attached agreement
extensions for Council's consideration.
ATTACHMENTS
Proposed agreement with the Carleton Community Centre Inc for delivery of
2020 Community Centre Operations.
!1'7
THIS SERVICE AGREEMENT (the "Agreement") made in duplicate this day of
December 2019 (the "Effective Date").
THE CITY OF SAINT JOHN, having its offices at the
City Hall Building at 15 Market Square, Saint John,
New Brunswick, a body corporate by Royal Charter,
confirmed and amended by Acts of the Legislative
Assembly of the Province of New Brunswick
(hereinafter called the "City")
OF THE FIRST PART
- and -
CARLETON COMMUNITY CENTRE INC, a body
corporate under the laws of the Province of New
Brunswick (hereinafter called "CCC Inc.")
OF THE SECOND PART
- and -
THE BOYS AND GIRLS CLUBS OF SAINT JOHN
INC., a body corporate under the laws of the Province
of New Brunswick (hereinafter called "BGC")
OF THE THIRD PART
WHEREAS the City is the owner of a parcel of land bearing PID 00361675 located at 82
Market Place West in the City of Saint John and Province of New Brunswick (the
"Lands");
AND WHEREAS located on the Lands is a building known as the Carleton Community
Centre (the "Centre");
AND WHEREAS CCC Inc. submitted to the City a Proposal dated October 16, 2017,
which is attached as Schedule 1 hereto, for the management and operation of the
Centre;
AND WHEREAS the Common Council of the City, at its meeting held on November 14,
2017 resolved to enter into an agreement with CCC Inc. for the management and
operation of the Centre, commencing February 1, 2018;
Draft prepared by City Solicitor's Office -Nov. 8, 2019
-2 -
AND WHEREAS the agreement referenced in the immediately foregoing recital was
intended for an additional term of one (1) year commencing on February 1, 2019;
AND WHEREAS CCC Inc. has signalled its intention to have BGC take over
responsibility for youth programming at the Centre commencing on October 1, 2019;
AND WHEREAS BGC has agreed to carry out the functions identified in the
immediately foregoing recital for the remainder of the term of the extension agreement
(until January 31, 2020) and, beyond that, for an additional term that will conclude on
December 31, 2020.
NOW THEREFORE THIS AGREEMENT WITNESSES that in consideration of the
mutual covenants and agreements hereinafter contained and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the
Parties covenant and agree as follows:
1.0 INTERPRETATION AND GENERAL PROVISIONS
1.1 Defined Terms
When used in this Agreement, the following words or expressions have the
following meanings -
1 .
eanings:
1. "Adult" means an individual 18+ years old;
2. "Agreement" means this Agreement and all accompanying
Schedules and includes any and every instrument supplemental
and ancillary thereto;
3. "Applicable Laws" mean all applicable requirements, laws,
statutes, codes, acts, ordinances, orders, decrees, injunctions, by-
laws, rules, regulations, official plans, permits, licences,
authorisations, directions, and agreements with all Authorities that
now or at any time hereafter may be applicable to either this
Agreement or the terms and conditions or any part of them set out
in this Agreement;
4. "Authority" means any government authority, agency, body or
department, whether federal, provincial or municipal, having or
claiming jurisdiction over this Agreement; and "Authorities" means
all such authorities, agencies, bodies and departments;
5. "BGC Mailing Address" means P.O. Box 2441, Saint John, NB
E2L 3V9;
6. "BGC Mailing Representative" means Amy Shanks;
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7. "Business Day" means a day other than a Saturday, Sunday or
statutory holiday under the laws of Canada or the Province of New
Brunswick or a civic holiday proclaimed by the City;
8. "CCC Inc. Mailing Address" means 120 Market Place, Saint
John, NB E2M OE1;
9. "CCC Inc. Representative" means Dustin Leclerc;
10. "Centre" means the Carleton Community Centre located at 82
Market Place West, in the City of Saint John, and Province of New
Brunswick, and forms part of PID number 00361675;
11. "Change in Law" means the coming into effect or repeal (without
re-enactment or consolidation) in New Brunswick of any Applicable
Laws, or any amendment or variation of any Applicable Laws,
including any judgment of a relevant court of law, board, arbitrator
or administrative tribunal, which changes binding precedents in
New Brunswick in each case after the date of this Agreement;
12. "Child" means an individual 0-5 years old;
13. "City Address" means 15 Market Square, City Hall, Saint John,
New Brunswick, E2L 4L1;
14. "City Manager" means the city manager of the City appointed by
resolution of Common Council, or his designate;
15. "Common Council" means the elected officials of the City;
16. "Dispute" means any dispute, controversy, disagreement or failure
to agree arising out of, in connection with, or relating to the
interpretation, performance or application of the Agreement;
17. "Dispute Resolution Process" has the meaning ascribed thereto
in Schedule 4;
18. "Facility Management" means the Facility Management Division
of the City;
19. "Force Majeure Event" means the occurrence after the date of
this Agreement of any circumstance, occurrence or event beyond
the reasonable control of a Party to this Agreement to the extent
such cannot be prevented or mitigated by the affected Party,
including, without limitation, any of the following:
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(i) civil war, armed conflict, warlike operation or
terrorism, acts of foreign enemies, hostilities,
invasion, rebellion, military or usurped power;
(ii) nuclear or radioactive contamination at the Centre;
(iii) chemical or biological contamination at the Centre
from any event referred to in items (i) or (ii) of this
definition;
(iv) epidemics or pandemics in New Brunswick, if such
epidemics or pandemics have formally been declared
to exist by the World Health Organization or the Chief
Medical Officer of Health of the Province which have
a direct effect on the supply or transportation of
goods, services or materials at the Centre; or
(v) a Change in Law;
which directly causes a Party to be unable to comply with or
perform all or a material part of its obligations under this
Agreement, despite the reasonable efforts of the Party claiming
Force Majeure to prevent its occurrence or mitigate its effects;
provided always that such circumstances, occurrence or event
does not arise by reason of:
(i) the negligence or any misconduct of the Party
claiming Force Majeure;
(ii) any act or omission of the Party claiming Force
Majeure in breach of the provisions of this Agreement;
or
(iii) the lack or insufficiency of funds or failure to make
payment of monies or provide required security.
20. "Market Place Wellness Clinic" means the Wellness Clinic which
is operated by The Horizon Health Network and is located in the
basement of the Centre;
21. "Party" individually means the City or CCC Inc. or BGC and
"Parties" means the City, CCC Inc. and BGC;
22. "Person" if the context allows, includes any individual, person,
firm, partnership, agency, board, statutory commission, commission
or corporation or any combination thereof;
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23. "Programs" means the administration of any recreational, social or
child care programs based on the needs of the general public,
including but not limited to, after school programs, breakfast and
lunch programs, day-care and summer camps, and senior citizens
fitness classes, community seniors club, teen leadership programs,
evening community gym activities, dance instruction and special
community rentals (e.g. baby showers and birthday parties);
24. "Proposal" means the proposal submitted by CCC Inc. dated
October 18, 2017, in the form attached as Schedule "1";
25. "Schedules" means the following schedules attached to and
forming an integral part of this Agreement:
a. Schedule "1" — Carleton Community Centre a
community -led model dated May 15, 2017 (updated
October 16, 2017);
b. Schedule "2" — Recreation and Program Services
Specifications;
c. Schedule "3" — Carleton Community Centre: Limited
Facility Operations and Maintenance Specification;
d. Schedule "4" — Dispute Resolution Process;
e. Schedule "5" — License Agreement between The City
of Saint John and Horizon Health Network dated July
1, 2015;
f. Schedule "6" — License Agreement between The City
of Saint John and West Side Food Bank Inc. dated
July 1, 2015;
g. Schedule "7" — Centre Floor Plan; and
h. Schedule "8" — Obligations of BGC.
26. "Services" mean those services as set out in this Agreement and
the Proposal and any additional services agreed between the
Parties in writing and as set forth in this Agreement;
27. "Summer Program" means an 8 -week recreation program offered
weekdays throughout the summer June 29th 2020 — August 14th
2020;
28. "Term" means the term of this Agreement as set out in Section
2.1;
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29. "West Side Food Bank" means the Food Bank which is operated
by West Side Food Bank Inc. and is located in the basement of the
Centre;
30. "Youth" means an individual aged 6-17 years old;
31. "Youth Program/Programming" means free drop-in recreational
programming during the afterschool and evening hours - Monday to
Friday weekly from October to May.
1.2 No Indemnities from the City
1.2.1 Notwithstanding anything else in this Agreement, any express or implied
reference to the City providing an indemnity or incurring any other form of
indebtedness or contingent liability that would directly or indirectly increase the
indebtedness or contingent liabilities of the City, shall be void and of no legal
effect.
1.3 Entire Agreement
1.3.1 This Agreement, including the Schedules, constitutes the entire agreement
between the Parties and supersedes all prior agreements, communications,
understandings, negotiations and discussions, whether oral or written, express or
implied, of the Parties with respect to the subject matter hereof. There are no
covenants, representations, warranties, agreements or conditions expressed or
implied, collateral or otherwise forming part of or in any way affecting or relating
to this Agreement except as expressed herein.
1.3.2 The Parties agree that in entering into this Agreement, they have not relied upon
any oral or written agreements, representations, warranties, promises,
information, or understandings, express or implied, not specifically set forth in
this Agreement.
1.4 Severability
1.4.1 If any term or condition of this Agreement, or the application thereof to the
Parties or to any Persons or circumstances, is to any extent invalid or
unenforceable, the remainder of this Agreement, and the application of such term
or condition to the Parties, Persons or circumstances other than those to which it
is held invalid or unenforceable, shall not be affected thereby.
1.5 Priority of Documents
1.5.1 In the event of a conflict or inconsistency between any provisions in this
Agreement and the Schedules, the main body of this Agreement shall govern
over the Schedules.
1.6 Headings and Grammatical Variations
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1.6.1 The division of this Agreement into sections and paragraphs and the insertion of
headings are for convenience of reference only, and shall not affect the
construction or interpretation of this Agreement.
1.6.2 In this Agreement, grammatical variations of any defined terms shall, unless the
context otherwise requires, have similar meanings to such defined terms, words
denoting the singular include the plural and vice versa, and words denoting any
gender include all genders.
1.7 Notices
1.7.1 Notices shall be in writing and shall be delivered by courier or personal delivery
and shall be addressed to, in the case of service upon the City, the City Address
to the attention of the Common Clerk of the City or, in the case of service upon
CCC Inc., to CCC Inc. Address to the attention of CCC Inc. Representative, or, in
the case of service upon BGC, to BGC Address to the attention of BGC
Representative.
1.7.2 Notices shall be deemed to have been given in the case of courier or personal
delivery, one (1) Business Day after such notice is received by the other Party. In
the event of a courier disruption, notices must be given by personal delivery.
Unless the Parties expressly agree in writing to additional methods of notice,
notices may only be provided by the methods contemplated in this paragraph.
1.8 Governing Law
1.8.1 This Agreement shall be governed by and construed in accordance with the laws
of the Province of New Brunswick and all applicable federal laws of Canada.
1.9 Applicable Laws
1.9.1 The Parties shall comply with Applicable Laws or Change in Laws which are or
become in force during the performance of the Services and which relate to the
Services, notwithstanding the Applicable Laws or Change in Laws shall not apply
retroactively.
1.10 Modification and Amendments
1.10.1 This Agreement may not be modified or amended except by an instrument in
writing signed by the Parties or by their successors or permitted assigns.
1.11 Enurement
1.11.1 This Agreement shall extend to, be binding upon and enure to the benefit of the
Parties and their respective successors and permitted assigns.
1.12 Miscellaneous
61►
1.12.1 The Parties and each of them shall at all times and from time to time hereafter
and upon every reasonably written request to do so, make, do, execute, deliver
or cause to be made, done, executed and delivered all such further documents,
acts, deeds, assurances and things as may be required to more effectively
implement and carry out the true intent and meaning of this Agreement.
1. 12.2 Time shall be of the essence for this Agreement.
1. 12.3 This Agreement may be executed in one or more counterparts, each of which will
be deemed to be an original copy of this Agreement and all of which, when taken
together, will be deemed to constitute one and the same agreement. The
exchange of copies of this Agreement and of signature pages by facsimile or
electronic transmission shall constitute effective execution and delivery of this
Agreement as to the Parties and may be used in lieu of the original Agreement
for all purposes. Signatures of the Parties transmitted by facsimile or electronic
transmission shall be deemed to be their original signatures for all purposes.
2.0 TERM
2.1 Term
2.1.1 Unless otherwise terminated in accordance with Section 10, this Agreement shall
commence as of the 1St day of October, 2019 and terminate at midnight on the
31 st day of December, 2020.
3.0 STATUS OF PARTIES
3.1 Capacity of Parties
3.1.1 The Parties represent and warrant that they have the full right, power and
authority to enter into this Agreement and there is no Agreement with any other
Person which would in any way interfere with the rights of the Parties under this
Agreement.
3.2 Authority of Representatives
3.2.1 The Parties represent that their respective representatives have the authority to
legally bind them to the extent permitted by Applicable Laws.
3.3 No Partnership, Agency etc.
3.3.1 CCC Inc. and BGC shall have no power or authority to bind the City or to assume
or create any obligation or responsibility, express or implied, on behalf of the
City. Neither CCC Inc. nor BGC shall hold itself out as an agent, partner or
employee of the City. Nothing in this Agreement shall have the effect of creating
an employment, partnership or agency relationship between the City and CCC
Inc. or BGC (or any of CCC Inc. or BGC directors, officers, employees, agents,
partners, affiliates or subcontractors).
6V
3.4 Acts and Omissions
3.4.1 CCC Inc. and BGC acknowledge and agree that it is liable for the acts and
omissions of its directors, officers, employees, agents, partners, affiliates and
subcontractors. This paragraph is in addition to and not in derogation of any and
all of CCC Inc. and BGC's liabilities under this Agreement and under the general
application of Applicable Laws.
3.4.2 CCC Inc. and BGC shall advise those individuals and entities, for whom it is
responsible, of its obligations under this Agreement and, without limiting the
generality of the foregoing, shall take all appropriate action to ensure compliance
with this Agreement.
3.4.3 In addition to any other liabilities of CCC Inc. or BGC pursuant to this Agreement
or otherwise at law or in equity, CCC Inc. and BGC shall be liable for all
damages, costs, expenses, losses, claims or actions arising from any breach of
this Agreement resulting from the actions of those individuals and entities listed
at s. 3.4.1.
3.5 Assignment
3.5.1 CCC Inc. or BGC shall not assign the whole or any part of this Agreement or any
monies due under it without the prior written consent of the City (which may be
arbitrarily withheld). Such consent shall be in the sole discretion of the City and
subject to the terms and conditions that may be imposed by the City.
3.6 Sub -Agreements
3.6.1 CCC Inc. or BGC shall not sublet any portion of the Centre without prior written
approval from the City.
3.6.2 CCC Inc. or BGC shall not enter into an agreement with another Person with
respect to the provision of any of the Services contemplated under this
Agreement without prior written approval from the City.
3.6.3 The City has entered into an agreement with the Horizon Health Centre for the
operation of the Market Place Wellness Centre. The terms of the License
Agreement dated July 1, 2015 are attached as Schedule "5" — License
Agreement between the City and Horizon Health Network. The Horizon Health
Network has the use of premises for a portion of the basement of the Centre as
described in Schedule "5".
3.6.4 The City has entered into an agreement with the West Side Food Bank Inc. for
the operation of the West Side Food Bank. The terms of the License Agreement
dated July 1, 2015 are attached as Schedule "6" — License Agreement between
the City and West Side Food Bank Inc. The West Side Food Bank Inc. has the
use of premises for a portion of the basement of the Centre as described in
Schedule "6".
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3.6.5 The City has the sole right to lease the highlighted portion of the Centre
Basement as outlined in Schedule 7", notwithstanding agreements with the West
Side Food Bank Inc. and Horizon Health Centre.
4.0 PERFORMANCE BY CCC INC.
4.1 Commencement of Performance
4.1.1 CCC Inc. shall commence the management and operation of the Centre and the
delivery of the Services pursuant to the within Agreement as of October 1, 2018
at 6:00 a.m. and cease same on December 31, 2020 at midnight, save and
except for the Youth Programming services that BGC is assuming under the
Terms of this Agreement as are more fully outlined in Schedule "8".
4.2 Performance Warranty
4.2.1 CCC Inc. and BGC hereby represent and warrant that the Services shall be
provided fully and diligently in a professional and competent manner by qualified
and skilled employees in their occupations and furthermore that all Services will
be provided in accordance with
(a) this Agreement; and
(b) Applicable Laws.
If any of the Services, in the opinion of the City, are inadequately provided or
require corrections, CCC Inc. or BGC (as the case may be) shall forthwith make
the necessary rectification or corrections at its own expense as specified by the
City in a rectification notice.
C �� � C•1�JFYIrf:1'i
4.3.1 Any failure by the City to insist in one or more instances upon strict performance
by CCC Inc. or BGC of any of the terms or conditions of this Agreement shall not
be construed as a waiver by the City of its right to require strict performance of
any such terms or conditions, and the obligations of CCC Inc. and BGC with
respect to such performance shall continue in full force and effect.
5.0 SERVICES BY CCC INC.
5.1 Responsibilities and Obligations of CCC Inc.
5.1.1 CCC Inc. shall perform the Services as set out in this Agreement and in the
Schedules at the Centre on a daily basis as described in Schedule "2", save and
except for the services of BGC as outlined in Schedule "8".
6191
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5.1.2 The Centre's schedule set out at s. 5.1.1 may be changed upon agreement of the
Parties.
5.1.3 CCC Inc. shall provide the recreation and program services set out in this
Agreement and the schedules thereto, save and except for the Youth
Programming services that BGC is assuming under Schedule "8" of this
Agreement. Such Services include but are not limited to:
(a) recreational and leisure programs and services;
(b) community rental space;
(c) child and adult programming;
(d) a blend of free and fee based programming at the Centre for youths
and adults designed to enable the development of social and
emotional skills needed to function in the family, community and
school; and
(e) a comprehensive wellness program for children and adults at the
Centre with transportation provided by CCC Inc. for outings and
special activities.
5.1.4 CCC Inc. shall perform the Services under the general direction and control of
the City's Neighbourhood Improvement Support Service.
5.1.5 CCC Inc. shall share on a monthly basis with the City's Neighbourhood
Improvement Support Service all program schedules, special event schedules
and activities relating to the Centre.
5.1.6 CCC Inc. shall once per year present an annual report to Common Council and
shall annually provide the City with a copy of their most recent audited financial
statements.
5.1.7 CCC Inc. shall also:
(a) Pay all costs associated with the day to day operation of the
Centre, including but not limited to staff and equipment, and
excluding landscaping equipment;
(b) Be responsible for providing operations and maintenance
specification services as outlined in Schedule "3";
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(c) Pay for ongoing maintenance, upkeep or replacement of moveable
assets such as furniture, office equipment, and recreation
equipment. These assets are for the sole use of Centre operations
and may not be sold, transferred, or disposed of without written
approval from the City. Assets that are replaced will be the
property of the City and CCC Inc. will be required to maintain them;
(d) Not modify the building, including interior and/or exterior elements,
without first having obtained the City's written approval. This
includes, but is in no way limited to, the installation of fixed furniture
and/or equipment, wall hangings, painting, etc. Any modifications
or alterations not approved by the City in writing will be returned to
a state that is acceptable to the City at the sole expense of CCC
Inc.;
(e) Be liable for issues or damages to the building caused as a direct
result of the negligence of CCC Inc. or its representatives or
agents, and CCC Inc. shall, at its sole expense, make good such
issues or damages to the satisfaction of the City;
(f) Be responsible for the hiring, training and supervising of staff hired
to provide programs and services;
(g) Employ and pay all its employees who will provide Programs and
Services at the Centre in accordance with all applicable
employment and other laws;
(h) Ensure that all potential employees (including, for greater certainty,
permanent, temporary, full-time, and part-time employees) and
persons who otherwise perform any of the Services complete and
deliver to CCC Inc. a criminal record search form and a vulnerable
sector search form, or consents to the performance of a criminal
record search and a vulnerable sector search by the Saint John
Police Force or any other police detachment;
(i) Not permit the use of alcohol during scheduled activities or the
bringing of alcohol on the premises of the Centre without prior
written consent of the City;
(j) Not permit the use of non -prescriptive medication or illicit drugs on
the premises of the Centre;
(k) Ensure that a CCC Inc. Representative is available on a 24/7 basis
to respond to emergency situations at the Centre;
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(I) Provide up-to-date contact information (including home and cellular
phone numbers and email address) for at least three (3) individuals
who can be contacted and have authority to make decisions on a
24/7 basis in case of emergency. This information may be
forwarded to the company responsible for monitoring the Centre
Alarm System;
(m) Ensure that one CCC Inc. staff person carries a cell phone during
business hours of the Centre, and that the number is provided to
the City;
(n) Meet with Parks and Recreation monthly to discuss programming
and community needs;
(o) Provide a written report on any hazardous conditions, safety
concerns, injury, accident or illness related to the Centre to The
City's Neighbourhood Improvement Support Service and to Facility
Management immediately following the occurrence of the
aforementioned incidents;
(p) Comply with those requirements of the Official Languages Act, and
amendments thereto which are applicable to the City;
(q) Comply with those requirements of the Smoke -Free Places Act,
and amendments thereto which are applicable to the City;
(r) Ensure that emergency exits remain accessible at all times, and
that such exits are not obstructed in any way by such things as
tables, chairs, walls, stages, people, etc.;
(s) Ensure that no unauthorized gas or propane equipment or fixtures
are used inside the Centre; and when such equipment or fixtures
are used outside of the Centre, CCC Inc. shall ensure that such use
adheres to CSA approved standards;
(t) Ensure that all staff and volunteers who are in contact with children
or vulnerable adults receive formal training in the prevention,
recognition and reporting of abuse (e.g., sexual, verbal,
psychological, physical, financial, neglect, etc.);
(u) Ensure that the appropriate guidelines pertaining to the reporting of
sexual abuse of children are in place and adhered to; and
(v) Adhere to the Limited Facility Operations and Maintenance
Specifications set out in Schedule 3 to this agreement.
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6.0 PERFORMANCE BY BGC
6.1 Commencement of Performance
6.1.1 BGC shall commence the delivery of the Services pursuant to Schedule "8" of the
within Agreement as of October 1, 2019 at 6:00 a.m. and cease same on
December 31, 2020 at midnight, save and except for the Youth Programming
services that BGC is assuming under the Terms of this Agreement.
6.2 Performance Warranty
6.2.1 BGC hereby represents and warrants that the Services in Schedule "8" shall be
provided fully and diligently in a professional and competent manner by qualified
and skilled employees in their occupations and furthermore that all Services will
be provided in accordance with
(a) this Agreement; and
(b) Applicable Laws.
If any of the Services, in the opinion of the City, are inadequately provided or
require corrections, BGC shall forthwith make the necessary rectification or
corrections at its own expense as specified by the City in a rectification notice.
6.3 No Waiver
6.3.1 Any failure by the City to insist in one or more instances upon strict performance
by BGC of any of the terms or conditions of this Agreement shall not be
construed as a waiver by the City of its right to require strict performance of any
such terms or conditions, and the obligations of BGC with respect to such
performance shall continue in full force and effect.
7.0 SERVICES BY BGC
7.1 Responsibilities and Obligations of BGC
7.1.1 BGC shall perform the Services as set out in Schedule "8" of this Agreement on
a daily basis.
7.1.2 The Centre's schedule set out at s. 7.1.1 may be changed upon agreement of the
Parties.
7.1.3 BGC shall provide the recreation and program services set out in Schedule "8".
6'1%1
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7.1.4 BGC shall perform the Services in Schedule "8" under the general direction
and control of the City's Neighbourhood Improvement Support Service.
7.1.5 BGC shall be provided an office by CCC Inc. to accommodate its employees
working in the Centre.
7.1.6 BGC Representative shall share on a monthly basis with The City's
Neighbourhood Improvement Support Service all program schedules, special
events schedules and activities relating to the Centre.
7.1.7 BGC shall also:
(a) Not modify the building, including interior and/or exterior elements,
without first having obtained the City's written approval. This includes,
but is in no way limited to, the installation of fixed furniture and/or
equipment, wall hangings, painting, etc. Any modifications or
alterations not approved by the City in writing will be returned to a state
that is acceptable to the City at the sole expense of BGC;
(b) Be liable for issues or damages to the building caused as a direct result
of the negligence of BGC or its representatives or agents, and BGC
shall, at its sole expense, make good such issues or damages to the
satisfaction of the City;
(c) Be responsible for the hiring, training and supervising of staff hired to
provide programs and services;
(d) Employ and pay all its employees who will provide Programs and
Services under Schedule "8" at the Centre in accordance with all
applicable employment and other laws;
(e) Ensure that all potential employees (including, for greater certainty,
permanent, temporary, full-time, and part-time employees) and persons
who otherwise perform any of the Services in Schedule "8" complete
and deliver to BGC a criminal record search form, or consents to the
performance of a criminal record search by the Saint John Police Force
or any other police detachment;
(f) Not permit the use of alcohol during scheduled activities or the bringing
of alcohol on the premises of the Centre without prior written consent of
the City;
(g) Not permit the use of non -prescriptive medication or illicit drugs on the
premises of the Centre;
(h) Ensure that one BGC staff person carries a cell phone during business
hours of the Centre, and that the number is provided to the City;
C0i]
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(i) Ensure that a BGC staff person is available onsite at the Centre at all
times during which the programming identified in Schedule "8" is carried
out to respond to any emergency circumstances that may arise at the
Centre;
(j) Meet with Parks and Recreation monthly to discuss programming and
community needs;
(k) Provide a written report on any hazardous conditions, safety concerns,
injury, accident or illness related to the Centre to The City's
Neighbourhood Improvement Support Service and to Facility
Management immediately following the occurrence of the
aforementioned incidents;
(1) Comply with those requirements of the Official Languages Act, and
amendments thereto which are applicable to the City;
(m) Comply with those requirements of the Smoke -Free Places Act, and
amendments thereto which are applicable to the City;
(n) Ensure that emergency exits remain accessible at all times during
Youth Programming, and that such exits are not obstructed in any way
by such things as tables, chairs, walls, stages, people, etc.;
(o) Ensure that all staff and volunteers who are in contact with children or
vulnerable adults receive formal training in the prevention, recognition
and reporting of abuse (e.g., sexual, verbal, psychological, physical,
financial, neglect, etc.);
(p) Ensure that the appropriate guidelines pertaining to the reporting of
sexual abuse of children are in place and adhered to; and
(q) Adhere to the Limited Facility Operations and Maintenance
Specifications set out in Schedule 3 to this Agreement.
8.0 SERVICES BY THE CITY
8.1 Responsibilities and Obligations of the City
8.1.1 The City, at its own expense, through its Neighbourhood Improvement Support
Service, shall:
(a) Designate and make available to CCC Inc. and BGC a contact
person during the term of this Agreement;
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(b) Provide to CCC Inc. and BGC with limited free advertising through
its Leisure Guide and/or City Web Page;
(c) Pay the costs associated with the following, for the Centre-
- electricity,
- water,
- heat,
- property taxes,
- property insurance,
-janitorial equipment,
- landscaping equipment,
- solid waste collection,
- building maintenance as defined in paragraph (d),
- telephone (landline),
- internet connection;
(d) The City shall maintain the centre such that it is and remains safe
and secure for users. The City has no obligation under this
Agreement, expressed or implied, to perform maintenance beyond
this minimum level.
9.0 PAYMENT FOR SERVICES
9.1 Fees
9.1.1 Subject to CCC Inc.'s compliance with the provisions of this Agreement, the City
shall pay the following to CCC Inc. for the Services rendered under this
Agreement for the period between February 1, 2020 and December 31, 2020-
(a) the sum of One Hundred and Ten Thousand Dollars ($110,000.00) to
be paid in accordance with the following payment schedule-
February
chedule:
......Fe.b.ru.a102
............... , ry .........2..0..........................$.......36....6.6.7..6.7.................................................................................................
�
...... July 1 02
........... , .........2..0......................................................$.......36....6.6.7..6.7.................................................................................................
�
October1, 2020 .......................................3 6., 6.6.6..6.6.................................................................................................
9.1.2 Subject to BGC's compliance with the provisions of this Agreement, CCC Inc.
shall pay Fifteen Thousand Dollars ($15,000.00) to BGC for the Services in
Schedule "8" rendered under this Agreement for the period between October 1,
2019 and January 31, 2020.
9.1.3 Subject to BGC's compliance with the provisions of this Agreement, the City shall
pay the following to BGC for the Services in Schedule "8" rendered under this
Agreement for the period between February 1, 2020 and December 31, 2020
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(a) the sum of Fifty -Five Thousand Dollars ($55,000.00) to be paid in
accordance with the following payment schedule-
February
chedule:
......Fe.b.ru.a1
............... , ry 25626 18,333.33 �$
...... July 1 02
........... , .........2..0..............................................................1..8....3.3.3..3.3.................................................................................................
�$
p......Onto.be.r....1.........2.0.2.0................................$........1..8....3.3.3..34.................................................................................................
9.1.4 The amounts described in Sections 9.1.1, 9.1.2 and 9.1.3 are inclusive of all
applicable taxes.
10.0 INSURANCE
10.1 Liability Insurance
10.1.1 CCC Inc. and BGC, at their sole cost, shall obtain and maintain in full force and
effect during the term of this Agreement:
a) a Commercial General Liability Insurance policy with an inclusive limit
of not less than Five Million Dollars ($5,000,000), inclusive per occurrence
for Bodily Injury and Property Damage; and
b) an Automobile Insurance policy with an inclusive limit of not less than
Five Million Dollars ($5,000,000).
10.1.2 The insurance policies listed in section 10.1.1 shall provide that the coverage
shall stay in force and not be amended, cancelled or allowed to lapse without
thirty (30) days prior written notice being given to the City. The said insurance
policies shall also name the City as an additional insured and shall contain a
cross -liability clause.
10.1.3 CCC Inc. and BGC shall provide a certificate of insurance to the City evidencing
the insurance coverage described in sections 10.1.1 and 10.1.2 on the signing of
this Agreement.
10.1.4 If applicable, CCC Inc. and BGC shall obtain and maintain in full force and effect
during the term of this Agreement, coverage from WorkSafeNB and provide
evidence of this coverage to the City upon request.
10.1.5 Nothing in this Section shall be construed as limiting in any way, the
indemnification provision contained in this Agreement, or the extent to which
CCC Inc. or BGC may be held responsible for payments of damages to persons
or property.
11.0 INDEMNITY
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11.1 Indemnification
11.1.1 Notwithstanding any other clauses herein, CCC Inc. and BGC shall indemnify
and save harmless the City from all damages, costs, claims, demands, actions,
suits or other proceedings by whomsoever claimed, made, brought or prosecuted
in any manner and whether in respect of property owned by others or in respect
of damage sustained by others based upon or arising out of or in connection with
the performance of this Agreement or anything done or purported to be done in
any manner hereunder, but only to the extent that such damages, costs, claims,
demands, actions, suits or other proceedings are attributable to and caused by
CCC Inc. and/or BGC's negligence, errors, omissions or breach of its obligations
under this Agreement.
12.0 TERMINATION
12.1 Termination
12.1.1 The City may immediately terminate this Agreement upon giving notice to CCC
Inc. and/or BGC where:
(a) CCC Inc. and/or BGC makes an assignment for the benefit of its
creditors, is declared bankrupt or commits an act of bankruptcy,
becomes insolvent, makes a proposal or otherwise takes
advantage of provisions for relief under the Bankruptcy and
Insolvency Act (Canada) or similar legislation in any jurisdiction, or
any other type of insolvency proceedings being commenced by or
against the Consultant under the Bankruptcy and Insolvency Act
(Canada) or similar legislation;
(b) CCC Inc. and/or BGC breaches any of the provisions of this
Agreement;
(c) in the City's reasonable opinion, CCC Inc. and/or BGC, prior to or
after executing this Agreement, makes a material misrepresentation
or omission or provides materially inaccurate information to the
City;
(d) CCC Inc. and/or BGC undergoes a change of control which, in the
reasonable opinion of the City, adversely affects CCC Inc. and/or
BGC's ability to satisfy some or all of its obligations under this
Agreement;
(e) CCC Inc. and/or BGC subcontracts any provisions or parts or all of
the Services or assigns this Agreement without first obtaining the
written approval of the City;
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(f) in the City's reasonable opinion, CCC Inc. and/or BGC acts or
omissions constitute a substantial breach of CCC Inc. and/or BGC's
obligations under this Agreement; or
The above rights of termination are in addition to all other rights of
termination available at law, or events of termination by operation of law.
12.2 Termination on Notice
12.2.1 The City reserves the right to terminate this Agreement, without cause, upon
thirty (30) days prior written notice to CCC Inc. and/or BGC.
12.3 Obligations on Termination
12.3.1 CCC Inc. or BGC shall, following the giving of a notice of termination by the City
hereunder or upon expiry of the Term, in addition to its other obligations under
this Agreement and at law:
(a) provide the City with a report detailing any information requested by
The City's Neighbourhood Improvement Support Service pertaining
to the provisions and performance of this Agreement;
(b) execute such documentation as may be required by the City to give
effect to the termination of this Agreement;
(c) immediately return to the City any unused portion of the grant
amounts paid pursuant to this Agreement; and
(d) comply with any other instructions provided by the The City's
Neighbourhood Improvement Support Service or Common Council.
12.4 Rights and Remedies
12.4.1 The express rights of termination in this Agreement are in addition to and shall in
no way limit any rights or remedies of the City under this Agreement or
Applicable Laws or otherwise, at law or in equity.
13.0 DISPUTE RESOLUTION
13.1 Dispute Resolution Process
13.1.1 All Disputes shall be resolved in accordance with Schedule 'A" of this
Agreement.
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13.2 Retention of Rights
13.2.1 No act by the Parties shall be construed as a renunciation or waiver of any rights
or recourses, provided the Party has given the required notices and has carried
out the instructions as provided in the Schedules to this Agreement.
14.0 FORCE MAJEURE EVENTS
14.1 Force Majeure
14.1.1 A Party claiming to be affected by a Force Majeure Event shall, within five (5)
Business Days of the Party becoming aware of the happening of such an event,
give written notice to the other Party setting out the nature of the event and its
expected effect on the performance of this Agreement.
14.1.2 Where a Party is (or claims to be) affected by a Force Majeure Event such Party
shall take reasonable steps to mitigate the consequences of such Force Majeure
Event upon the performance of its obligations under this Agreement, shall
continue to perform its obligations under this Agreement to the extent possible
notwithstanding the Force Majeure Event and shall use commercially reasonable
efforts to resume performance of its obligations affected by the Force Majeure
Event as soon as practical.
14.1.3 No extension shall be made for delay unless notice in writing of a claim is given
promptly to the relevant representative of a Party and in no event later than ten
(10) Business Days after the commencement of delay, providing however, that in
the case of a continuing cause of delay only one notice of claim shall be
necessary.
[REMAINDER OF PAGE INTENTIONALL LEFT BLANK.]
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IN WITNESS WHEREOF the parties have affixed their respective corporate seals,
attested by the hands of their respective officers duly authorized in that behalf on the
day aforementioned
SIGNED, SEALED & DELIVERED ) CARLETON COMMUNITY CENTRE
In the presence of: ) INC.
Per:
Witness ) Dennis Sisco, Chair, Board of Directors
THE BOYS AND GIRLS CLUB OF
SAINT JOHN INC.
Per:
Witness ) [Name, Title]
THE CITY OF SAINT JOHN
Mayor
Common Clerk
Common Council Resolution:
C-YA
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PROVINCE OF NEW BRUNSWICK
COUNTY OF SAINT JOHN
I, Jonathan Taylor, of the Town of Quispamsis, in the County of Kings and Province of New
Brunswick, MAKE OATH AND SAY:
1. THAT I am the Common Clerk of The City of Saint John and have custody of the
Common Seal hereof.
2. THAT the seal to the foregoing instrument affixed is the Common Seal of The City of
Saint John and that it was so affixed by Order of the Common Council of the said City.
3. THAT the signature "Don Darling" to the said instrument is the signature of W. Donald
Darling, Mayor of the said City, and the signature "Jonathan Taylor' thereto is my own
signature.
4. THAT we are the proper officers to sign the foregoing instrument on behalf of The City of
Saint John.
SWORN TO BEFORE ME
at the City of Saint John, in the
County of Saint John and
Province of New Brunswick this
day of 12019
Commissioner of Oaths
Being a Solicitor
Jonathan Taylor
C�:3
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PROVINCE OF NEW BRUNSWICK
COUNTY OF SAINT JOHN
I, Dennis Sisco, of the City of Saint John and Province of New Brunswick, MAKE
OATH AND SAY -
1 .
AY:
1. THAT I am the Chair of the Board of Directors of Carleton Community
Centre Inc., and am authorized to make this affidavit and have personal
knowledge of the matters hereinafter deposed to.
2. THAT the seal affixed to the foregoing agreement and purporting to be the
corporate seal of Carleton Community Centre Inc., is the corporate seal of the
said Carleton Community Centre Inc., a party named in the foregoing instrument
and it was affixed by the officer authorized to so affix the seal.
3. THAT the signature "Dennis Sisco" subscribed to the said instrument is
my signature and as Chair of the Board of Directors, and I am duly authorized to
execute the said instrument.
4. THAT the said document was executed as aforesaid at the City of Saint
John in the Province of New Brunswick on the day of
2019.
SWORN TO before me at
Saint John, in the County of
Saint John and Province of
New Brunswick on the
day of , 2019
Commissioner of Oaths
Dennis Sisco, Chair, Board of Directors
C1'1
PROVINCE OF NEW BRUNSWICK
COUNTY OF SAINT JOHN
I, , of the
Brunswick, MAKE OATH AND SAY:
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of
and Province of New
5. THAT I am the of The Boys and Girls Club of Saint
John Inc., and am authorized to make this affidavit and have personal knowledge
of the matters hereinafter deposed to.
6. THAT the seal affixed to the foregoing agreement and purporting to be the
corporate seal of The Boys and Girls Club of Saint John Inc., is the corporate
seal of the said The Boys and Girls Club of Saint John Inc., a party named in the
foregoing instrument and it was affixed by the officer authorized to so affix the
seal.
7. THAT the signature "
my signature and as
instrument.
" subscribed to the said instrument is
and I am duly authorized to execute the said
8. THAT the said document was executed as aforesaid at the City of Saint
John in the Province of New Brunswick on the day of
2019.
SWORN TO before me at
Saint John, in the County of
Saint John and Province of
New Brunswick on the
day of , 2019
[Name, Title]
Commissioner of Oaths
COUNCIL REPORT
M&C No.
2020-037
Report Date
January 22, 2020
Meeting Date
January 27, 2020
Service Area
Corporate Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT. Malwarebytes User License Agreement
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Commissioner/Dept. HeadCity
Manager
Sarah Ranson
S. Rackley -Roach
Neil Jacobsen
John Collin
RECOMMENDATION
The City Manager recommends that the Mayor and Common Clerk be authorized
to execute the user license agreement with Malwarebytes.
EXECUTIVE SUMMARY
The Information Technology service area has completed a pilot of the
Malwarebytes technology used to scan our network for malware. During the
pilot, it was confirmed that the additional cybersecurity was beneficial to the
City. As part of continuously improving the City's cybersecurity, it is
recommended that Malwarebytes be purchased for one year.
PREVIOUS RESOLUTION
REPORT
The Information Technology service area has completed a pilot of the
Malwarebytes scanning tool. The Malwarebytes technology isolates malicious
attacks and automatically responds to these threats, thereby automating the
remediation and recovery of the impacted network infrastructure.
The Malwarebytes technology collects very little information from our network
and is designed to not interfere with other software used by City users. The
Malwarebytes technology does not store any sensitive personal data or have
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access to any files on City devices. Further, the Malwarebytes technology is also
compatible with our new Security Incident and Event Management (SIEM)
system.
The City's cybersecurity consultant recommended that both a virus scanning and
malware scanning tool for network security. These technologies are designed to
detect different types of malicious activity. Adding Malwarebytes technology is
another step in continuously improving the City's cybersecurity.
STRATEGIC ALIGNMENT
As outlined in Council Priorities, the City is committed to fiscal responsibility by
improving operational efficiencies. The Malwarebytes technology will improve
the security of our network, therefore reducing the risk of a costly security
breach.
SERVICE AND FINANCIAL OUTCOMES
The project team followed the required procurement process to select a
malware scanning tool. Malwarebytes is the least expensive system and
provides helpful customer service. The cost of the system is $11,256 plus tax for
one year.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
The Information Technology service area has completed a pilot to test the
technology.
The Materials Management service area consulted with the IT team regarding
the procurement process for the Malwarebytes tool.
The user license agreement was vetted by the City Solicitor's office.
ATTACHMENTS
User License Agreement
Malwarebytes Software
License Agreement
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY
BEFORE DOWNLOADING, INSTALLING OR USING THE MALWAREBYTES
SOFTWARE THAT ACCOMPANIES THIS SOFTWARE LICENSE AGREEMENT, THE
"SOFTWARE -AS -A -SERVICE" DELIVERY SERVICES ("SAAS SERVICES") THAT
MAY BE USED TO PROVIDE ACCESS TO SUCH SOFTWARE, OR ANY
ACCOMPANYING DOCUMENTATION (COLLECTIVELY, THE "SOFTWARE").
THE TERMS AND CONDITIONS OF THIS SOFTWARE LICENSE AGREEMENT AND
THE MALWAREBYTES ORDERING DOCUMENT YOU EXECUTED OR AGREED
TO, AND (WHERE APPLICABLE) ANY MALWAREBYTES LICENSE KEY
INFORMATION, IN EACH CASE GOVERNING YOUR LICENSE TO THE SOFTWARE
(COLLECTIVELY, THE "PURCHASE RECEIPT") (THIS SOFTWARE LICENSE
AGREEMENT AND THE PURCHASE RECEIPT COLLECTIVELY, THIS
"AGREEMENT") ARE AN AGREEMENT BETWEEN YOU AND MALWAREBYTES
INC. ("MALWAREBYTES") AND GOVERN USE OF THE SOFTWARE UNLESS YOU
AND MALWAREBYTES HAVE EXECUTED A SEPARATE WRITTEN AGREEMENT
GOVERNING USE OF THE SOFTWARE.
"MALWAREBYTES" MEANS: (a) IF YOU ACQUIRED THE SOFTWARE IN THE
UNITED STATES OR CANADA, MALWAREBYTES INC., A DELAWARE
CORPORATION; AND (B) IF YOU ACQUIRED THE SOFTWARE IN ANY OTHER
COUNTRY, MALWAREBYTES LIMITED, A COMPANY INCORPORATED IN
IRELAND.
THIS SOFTWARE LICENSE AGREEMENT CONTAINS A BINDING ARBITRATION
CLAUSE AND CLASS ACTION WAIVER. IF YOU ARE RESIDENT IN THE U.S. AND
A MALWAREBYTES FOR HOME CUSTOMER, THESE AFFECT YOUR RIGHTS TO
RESOLVE A DISPUTE WITH MALWAREBYTES, AND YOU SHOULD READ THEM
CAREFULLY. FOR EXAMPLE, EXCEPT IF YOU OPT OUT AND EXCEPT FOR
CERTAIN TYPES OF DISPUTES DESCRIBED IN THE "Agreement to Arbitrate —
U.S. Customers" SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN
YOU AND MALWAREBYTES WILL BE RESOLVED BY BINDING, INDIVIDUAL
ARBITRATION AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR
TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED
CLASS ACTION OR REPRESENTATIVE PROCEEDING.
Malwarebytes is willing to license the Software to you only upon the condition that you
accept all the terms contained in this Agreement. By clicking to accept where indicated
below or by downloading, installing or using the Software, you have indicated that you
01
understand this Agreement and accept all of its terms. If you are accepting the terms of
this Agreement on behalf of a company or other legal entity, you represent and warrant
that you have the authority to bind that company or other legal entity to the terms of this
Agreement, and, in such event, "you" and "your" will refer to that company or other legal
entity. If you do not accept all the terms of this Agreement, then Malwarebytes is
unwilling to license the Software to you and you are prohibited from using it. If you are a
Malwarebytes for Home customer and purchased the Software from Malwarebytes
directly pursuant to our 60 -day money -back guarantee you may be eligible to request
cancellation and refund within 60 days of purchase of your new subscription. If you
purchased Malwarebytes for Home from other third -party vendors, including retail
stores, please contact those vendors directly for more information about their refund
policies.
1. License.
(a) Free & Trial License.
If you have obtained a free, trial or evaluation version of the Software from
Malwarebytes or from a Malwarebytes authorized reseller, then conditioned upon your
compliance with the terms and conditions of this Agreement, Malwarebytes grants you a
non-exclusive and non -transferable license to Execute the Software solely in executable
form. The foregoing license permits Execution of only such number of copies of the
Software, and on such number of devices (including mobile devices), computers or
virtual machines ("Devices"), as is expressly permitted by Malwarebytes with respect to
your trial. If no such number of copies or Devices is specified by Malwarebytes, the
foregoing license permits Execution of a single copy of the Software on a single Device.
For purposes of this Agreement, "Execute" and "Execution" means to load, install,
and/or run the Software locally on a single Device in order to benefit from its
functionality as designed by Malwarebytes.
(b) Paid License.
If you purchased a license to the Software from Malwarebytes or from a Malwarebytes
authorized reseller, then conditioned upon your compliance with the terms and
conditions of this Agreement, Malwarebytes grants you a non-exclusive and non-
transferable license to Execute the number of copies of the Software for which you have
paid solely in executable form on the corresponding number of Devices owned or used
by you. You agree that your purchases are not contingent on the delivery of any future
functionality or features (including future availability of any Software beyond the current
license term or any new releases), or dependent on any oral or written public comments
made by Malwarebytes regarding future functionality or features.
2. Restrictions.
(a) Malwarebytes for Home — Free & Paid.
If you are a Malwarebytes for Home user (or any other Malwarebytes Software intended
for home use), and whether you have a free or paid license, this Section 2(a) applies.
Your license permits you to use the Software solely for your personal, non-commercial
purposes; the Software may not be used on any Device that is used in a business or for
rLI
business purposes. Once Executed on a Device, you may transfer the Software to a
different Device, provided that you uninstall and remove the Software from the first
Device. You may not combine the Software with any third party script, application,
hardware or tools which would cause it to run on an automated or unattended basis.
You may not transfer the Software to a different user, except that once installed onto a
Device, the Software may be operated by any person directly using the Device (i.e., not
remotely), provided that you are responsible for each such person's operation of the
Software. You may make one copy of the Software for back-up or archival purposes, or
copy the Software onto the hard disk of your Device and retain the original for back-up
or archival purposes. Notwithstanding the second sentence of this Section 2(a), if you
have a business with no more than 10 total Devices, you may use Malwarebytes for
Home Software in your business for business purposes provided that your usage shall
be governed by the terms and conditions of this Agreement applicable to Malwarebytes
for Business users and not the terms and conditions applicable to Home users. ("Small
Business Exception"). If you use the Small Business Exception, references to
Malwarebytes for Business shall be read as governing your usage of the Software.
(b) Malwarebytes for Business.
If you are a Malwarebytes for Business user, and you have a trial license, your license
permits you to use the Software solely for evaluation purposes, and not for production
use. You may also use our Malwarebytes Software downloaded via the business link to
remediate up to five Devices every 30 days. If you are a Malwarebytes for Business
user, and you have a paid license, your license permits you to use the Software solely
for your internal business purposes. Other than the limited exception stated in the
immediately following sentence, once Executed on a Device, you may not transfer the
Software to a different Device, even if you uninstall and remove the Software from the
first Device. During each year of your licensed subscription you may transfer Software
that has been Executed on a Device to a different Device, provided that each of the
following requirements are met: (a) the amount of Devices subject to transfer does not
exceed 10% of your licensed Devices for such Software ("Transfer Allowance"); (b) only
single transfers are permitted (the transferred Software cannot be transferred to a third
Device in the same year); and (c) you have uninstalled and removed the Software from
the first Device. Unused amounts of your Transfer Allowance will not carry over to
subsequent subscription years. If you are a Malwarebytes for Business customer, and
whether you have a free or paid license: (i) you may make a reasonable number of
copies of the Software for back-up or archival purposes; (ii) the Software may only be
used by your employees and consultants ("Authorized Users"), who have agreed to
abide by the terms of this Agreement and who may only use the Software for the
purposes of performing their job functions for you; (iii) you are responsible for the use of
the Software by your Authorized Users (and their compliance with this Agreement); and
(iv) once Executed on a Device, the Software may be operated by any Authorized User
using the Device, directly or (where that person is providing support services to you with
respect to that Device) via remote connection; provided that each such Device is
running an authorized copy of the applicable Software. Other than for the sole purpose
of assisting the management and administration of Software on Devices within a
network, you may not combine the Software with any third party script, application,
hardware or tools which would cause it to run on an automated or unattended basis.
W
(c) Malwarebytes for Teams.
If you are a Malwarebytes for Teams user, your license shall be governed by the terms
and conditions of this Agreement applicable to Malwarebytes for Business users;
references to Malwarebytes for Business shall be read as governing your usage of the
Software. Notwithstanding anything to the contrary in this Agreement, you are only
eligible to use Malwarebytes for Teams if your business has no more than 25 Devices.
(d) Optional Software Utilities, Beta Features and Beta Releases.
From time -to -time, Malwarebytes, at its sole discretion, may make available to you
optional Software, including but not limited to utilities for supporting the usage of the
Malwarebytes for Home and Malwarebytes for Business Software, beta features that
can be enabled within the Software, and beta releases of Software (collectively
"Optional Items"). Unless a particular Optional Item includes its own separate and
specific terms and conditions, this Agreement shall govern the usage of Optional Items.
Conditioned upon your compliance with the terms and conditions of this Agreement,
Malwarebytes grants you a non-exclusive and non -transferable license to Execute the
Optional Items solely in executable form and solely for your internal business purposes
of supporting the Software, and in the case of beta features and releases, for evaluation
purposes. Software such as Optional Items are sometimes provided by software
providers as preview releases of new features and programs, as well as quick fixes for
resolving specific issues. Optional Items are not fully tested by Malwarebytes and may
include significant issues. You acknowledge that Optional Items are likely to present
risks associated with their use. Malwarebytes strongly recommends that you back up all
of your data prior to using such type of software from any source. Notwithstanding
anything to the contrary in this Agreement, Optional Items are provided "as is", and do
not carry any warranties or maintenance or support; similarly, in no event shall
Malwarebytes be liable for any damage arising from the use of Optional Items.
(e) General.
You must have a license to the Software for every Device on which you operate the
Software. You may run the Software on a network, provided that you have a license to
the Software for each: (1) Device that the Software is Executed on; and (2) Device or
user instance that can access the Software over that network that is not included in (1).
You may not use on behalf of, or make the functionality of the Software available to,
third parties for any purpose, such as for providing any computer repair, help desk or
troubleshooting service. Except as expressly specified or permitted in this Agreement,
you may not: (i) copy (except in the course of loading or installing) or modify the
Software, including but not limited to adding new features or otherwise making
adaptations that alter the functioning of the Software; (ii) transfer, sublicense, lease,
lend, rent or otherwise distribute the Software to any third party; (iii) make the
functionality of the Software available to any third party through any means, including
but not limited to by uploading the Software to a network or file -sharing service or
through any hosting, application services provider, service bureau, SaaS or any other
type of services; or (iv) use the Software for any illegal purpose or conduct. You
acknowledge and agree that portions of the Software, including but not limited to the
source code and the specific design and structure of individual modules or programs,
constitute or contain trade secrets of Malwarebytes and its licensors. Accordingly, you
MQ
agree not to disassemble, decompile or reverse engineer the Software or Database
(defined below), in whole or in part, or permit or authorize a third party to do so, except
to the extent such activities are expressly permitted by law notwithstanding this
prohibition. You will comply with any additional restrictions contained in your Purchase
Receipt or other purchasing documentation.
(f) SaaS Delivery.
For Software provided through SaaS Services, Malwarebytes shall use commercially
reasonable efforts to make such SaaS Services available to you, subject to downtime
for scheduled or emergency maintenance. You may only use the SaaS Services in
connection with your access to the Software and solely for your internal business
purposes.
3. Ownership.
Each copy of the Software is licensed, not sold. For purposes of this Agreement, the
terms "purchase," "sell" and like terms refers to purchase or sale of a license to use the
Software and not to a purchase or sale of title to or ownership of any rights or other
interests in the Software. You own the media on which the Software is recorded, but
you acknowledge and agree that Malwarebytes retains ownership of the Software itself
and any related data or databases used by Malwarebytes or the Software (the
"Database"), including all intellectual property rights therein. The Software and
Database are protected by U.S. copyright law and international treaties. You will not
delete or in any manner alter the copyright, trademark, and other proprietary rights
notices or markings appearing on the Software as delivered to you. Malwarebytes
reserves all rights in the Software and Database not expressly granted to you in this
Agreement.
4. Updates.
From time to time, Malwarebytes may, but has no obligation to, provide updates to the
Software. You are advised to update the Software regularly, or to set it to update
automatically if that feature is available in your version of the Software. If you are a
paying customer with a current subscription purchased from Malwarebytes or a
Malwarebytes authorized reseller, we will make available to you the standard updates
and maintenance and support that we make generally available at no additional cost to
paying subscribers from time to time. Nothing in this Agreement entitles you to receive
any support, maintenance, updates, upgrades, content or new versions of the Software,
unless you are a paying customer with a current subscription purchased from
Malwarebytes or a Malwarebytes authorized reseller. You understand and agree that
your purchase is not contingent on the delivery of any future functionality or features, or
dependent on any oral or written public comments made by Malwarebytes regarding
future functionality or features. Malwarebytes reserves the right to designate any
updates, additional content or features as requiring separate payment or purchase of a
separate subscription at any time. Malwarebytes specifically reserves the right to cease
providing, updating, maintaining or supporting the Software or Database at any time in
its sole discretion, in accordance with the Malwarebytes Lifecycle Policy located
MA
at https://www.malwarebytes.com/support/Iifecycle/. If you have entered into a separate
maintenance and support or similar agreement with Malwarebytes, then Malwarebytes
will provide Software maintenance and support in accordance with the terms of that
agreement which is located at https://www.malwarebytes.com/eula/services-
agreement/, not this Agreement.
5. Term.
(a) Paid Subscription License Term.
If you have purchased a license to the Software, then the initial term of this Agreement
commences on the date specified in the Purchase Receipt or applicable purchasing
documentation accompanying the Software (or if no such date is specified, the date you
initially Execute a copy of the Software on a Device (regardless of the number of copies
of the Software that you are permitted to use in accordance with this Agreement)), and,
in each case, continues for the period of time set forth in the Purchase Receipt or
applicable purchasing documentation (or, if no such date is specified, for one year). See
our License Renewal FAQs which can be found on our website
(www.malwarebytes.com). If you are a Malwarebytes for Home customer that
purchased your Software from Malwarebytes directly, fees for renewal license terms are
described at the time of purchase within the transaction cart. If you are a Malwarebytes
for Business customer, for renewal license terms, your license fee per Device will be
increased to the then -current list price at the time of your renewal.
(b) Malwarebytes for Home - Free License Term.
If you have obtained a license to a free version of the Software, then your license will
continue until terminated in accordance with this Agreement.
(c) Malwarebytes for Business - Trial License Term.
If you have obtained a trial license to the Software, then your license will continue for
such time period as may be specified by Malwarebytes with respect to such trial (or, if
no such period is specified, for 30 days). In addition, Malwarebytes may terminate your
trial license at any time at its sole discretion.
(d) Termination Rights.
Subject to the notice of nonrenewal requirement in Section 5(a), as applicable, you may
terminate the license at any time by destroying all copies of the Software in your
possession or control. The license granted under this Agreement will automatically
terminate, with or without notice from Malwarebytes, if you breach any term of this
Agreement. If you are a Malwarebytes for Home user, and you have a paid license, if
you fail to pay the applicable license fees as specified in the Purchase Receipt or
applicable purchasing documentation, your existing license to the Software ends
automatically and your license shall automatically convert into a free license; as such,
your Software will no longer be eligible to receive automatic updates. If you are a
Malwarebytes for Business customer, and you have a paid license, if you fail to pay the
applicable license fees as specified in the Purchase Receipt or applicable purchasing
documentation, your existing license to the Software ends automatically. If you are a
Malwarebytes for Business customer, and you have a trial license, your license to the
Software ends automatically at the end of the applicable trial period. If you are a
M-11
Malwarebytes for Business customer, you acknowledge that upon expiration or
termination of your license, the Software and any license key may automatically de-
activate and you may no longer be able to access and use the Software. If you assert
any patents against us or any of our other customers based on use of the Software,
your license to the Software ends automatically.
(e) Effect of Termination.
Upon termination or expiration of this Agreement, your rights to use the Software cease
and you shall not be entitled to a refund of any pre -paid fees. Sections 3, 5(e), 7, 8, 9,
11(a), 12, 13 and 14 of this Agreement, and any provisions which explicitly state that
they shall continue, will survive any termination or expiration of this Agreement.
6. Payment Terms.
The price payable by you is the price stated in the Purchase Receipt or applicable
purchasing documentation (or, if no such price is specified, the price set out in our then -
current standard published price list). Our prices are exclusive of taxes, duties, levies,
tariffs, and other governmental charges (including, without limitation, VAT) (collectively,
"Taxes"). If we issue an invoice to you, all invoices are payable within 30 days of the
invoice date unless specified differently in the invoice or purchasing documentation. You
are responsible for payment of all Taxes and any related interest and/or penalties
resulting from any payments made to us, other than any taxes based on Malwarebytes'
net income. All amounts are payable and charged at the beginning of the subscription,
when you place your order. You can cancel your subscription at any time in accordance
with this Agreement; see our License Renewal FAQs which can be found on our
website (www.malwarebytes.com).
7. Privacy Policy.
By entering into this Agreement you agree to the terms of Malwarebytes' privacy policy,
which can be found at https://www.malwarebytes.com/privacy/ (as may be updated from
time to time, the "Privacy Policy"). More information concerning what data is collected
and used by Malwarebytes and how it is used is available in the Privacy Policy. Without
limiting the Privacy Policy, you agree that Malwarebytes may track certain data it
obtains from your Device, including data about any malicious software, exploits or other
threats flagged by the Software (including but not limited to potential sources of such
threats, such as payload files, file format and recent URL's visited), data about your
license, data about what version of the Software you are using and what operating
conditions it runs under and data concerning your geographic location. This information
is collected and used for the purpose of tracking malicious software, exploits and other
threats, and evaluating and improving Malwarebytes' products and services. We may
share data relating to malicious software, exploits or other threats flagged by the
Software with third parties. In the event that any user who operates the Software as
permitted under this Agreement (including, if you are a Malwarebytes for Business
customer, your Authorized Users) makes a complaint or claim based on the tracking or
collection of data in accordance with this Section 7, you agree that you are solely
responsible for addressing any such complaints or claims.
0611
8. Limited Warranty; Disclaimer.
Provided that you purchased the Software from Malwarebytes or a Malwarebytes
authorized reseller, Malwarebytes warrants that any physical media manufactured by
Malwarebytes on which the Software is distributed will be free from defects for a period
of 60 days from the date of delivery of the Software to you. Your sole and exclusive
remedy, and Malwarebytes' sole liability, in the event of a breach of the foregoing
warranty will be that Malwarebytes will, at its option, replace any defective media
returned to Malwarebytes within the warranty period or refund the money you paid for
the Software. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, (a)
THE LIMITED WARRANTY SET FORTH IN THIS SECTION 8 IS EXCLUSIVE AND
LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED; AND (b) EXCEPT FOR
THE LIMITED WARRANTY SET FORTH IN THIS SECTION 8, MALWAREBYTES
DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES AND CONDITIONS
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NONINFRINGEMENT, AND ANY WARRANTIES AND CONDITIONS ARISING OUT
OF COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED FROM MALWAREBYTES OR
ELSEWHERE WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY
STATED IN THIS AGREEMENT. Malwarebytes does not warrant that the Software will
meet your requirements, that the Software will operate in the combinations, on the
operating system or in the environments that you may select for Execution, that the
operation of the Software will be error -free or uninterrupted, or that all Software errors
will be corrected. Malwarebytes specifically disclaims any warranty or representation as
to the Software's ability to eliminate any specific malware threats or the completeness of
the Database or protection modules. You are solely responsible for the data, software
and other content carried on your Devices and for backing -up your data, software and
other content.
9. Limitation of Liability.
MALWAREBYTES' TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND
UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO AMOUNTS PAID TO
MALWAREBYTES BY YOU FOR THE SOFTWARE DURING THE 12 MONTHS PRIOR
TO THE EVENT GIVING RISE TO THE CLAIM. IN NO EVENT WILL
MALWAREBYTES BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL,
EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF
DATA, BUSINESS, PROFITS OR ABILITY TO EXECUTE) OR FOR THE COST OF
PROCURING SUBSTITUTE PRODUCTS ARISING OUT OF OR IN CONNECTION
WITH THIS AGREEMENT OR THE EXECUTION OR PERFORMANCE OF THE
SOFTWARE, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON
CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY
OR OTHERWISE, AND WHETHER OR NOT MALWAREBYTES HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE FOREGOING
LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY
SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL
E:ii]
PURPOSE. Some jurisdictions do not allow the limitation or exclusion of liability for
incidental or consequential damages, so the above limitation or exclusion may not apply
to you.
10. U.S. Government End Users.
The Software is a "commercial item" as that term is defined in FAR 2.101, consisting of
"commercial computer software" and "commercial computer software documentation,"
respectively, as such terms are used in FAR 12.212 and DFARS 227.7202. If the
Software is being acquired by or on behalf of the U.S. Government, then, as provided in
FAR 12.212 and DFARS 227.7202-1 through 227.7202-4, as applicable, the U.S.
Government's rights in the Software will be only those specified in this Agreement.
11. Export and EU Data Protection Laws.
(a) Export Law.
You agree to comply fully with all U.S. and other applicable export laws and regulations
to ensure that neither the Software nor any technical data related thereto nor any direct
product thereof are exported or re-exported directly or indirectly in violation of, or used
for any purposes prohibited by, such laws and regulations.
(b) EU Data Protection Laws.
To the extent Malwarebytes processes personal data of an EU data subject ("Personal
Data") on behalf of you as a processor as defined by EU data protection laws, it shall do
so only on documented instructions from you pursuant to this Agreement, to operate
Malwarebytes Software, and as permitted or required by applicable law. In the event
Malwarebytes processes Personal Data for purposes other than the above, it shall do
so as data controller as defined in the EU data protection laws. By entering into this
Agreement, you have instructed Malwarebytes to process your Personal Data in such
manner. To the extent mandated by applicable EU data protection laws, Malwarebytes
shall: (1) take appropriate measures to ensure the security of Personal Data processed;
(2); ensure that its personnel who process Personal Data are subject to a duty of
confidence; (3) ensure that no third party processes any Personal Data received from
you except in accordance with EU data protection laws or with the consent of you as
applicable; (4); reasonably assist you with your rights and obligations as data
controllers, including assistance with: obligations in connection with data subject access
requests and other data subject rights under EU data protection laws; and controllers'
responsibilities concerning the security of processing and audit requirements; (5) notify
you if a security incident has occurred that compromises the privacy, security or
confidentiality of your Personal Data, provided that we have your contact information,
investigate such security incident and take reasonable steps in mitigating the effects
and minimizing any damage resulting from the security incident as required by
applicable law; (6) only retain Personal Data after the end of the Agreement if there is a
statutory legal basis to do so or for the period specified in the Privacy Policy, subject to
EU data protection laws; and (7) subject to applicable laws, delete Personal Data upon
your request unless there is a statutory legal basis to retain it.
Personal Data may be sent to facilities hosted outside of the country where you
purchased or utilizes the Software. Malwarebytes will comply with the European
Economic Area data protection law regarding the collection, use, transfer, retention, and
other processing of Personal Data from the European Economic Area, pursuant to the
EU -US Privacy Shield and the E.U. Standard Contractual Clauses for data transfer,
where applicable.
12. Agreement to Arbitrate — U.S. Malwarebytes for Home Customers.
(a) Agreement to Arbitrate:
If you are a Malwarebytes for Home customer and acquired the Software in the U.S.
resident, you and Malwarebytes agree that any dispute, claim or controversy arising out
of or relating to this Agreement or the breach, termination, enforcement, interpretation
or validity thereof or the use of the Software (collectively, "Disputes") will be settled by
binding arbitration, except that each party retains the right: (i) to bring an individual
action in small claims court and (ii) to seek injunctive or other equitable relief in a court
of competent jurisdiction to prevent the actual or threatened infringement,
misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents
or other intellectual property rights (the action described in the foregoing clause (ii), an
"IP Protection Action"). Without limiting the preceding sentence, you will also have the
right to litigate any other Dispute if you provide Malwarebytes with written notice of your
desire to do so by email to Iegal(a)malwarebytes.com within 30 days following the date
you first purchase or obtain the Software (such notice, an "Arbitration Opt -out
Notice"). If you don't provide Malwarebytes with an Arbitration Opt -out Notice within the
30 day period, you will be deemed to have knowingly and intentionally waived your right
to litigate any Dispute except as expressly set forth in clauses (i) and (ii) above. The
exclusive jurisdiction and venue of any IP Protection Action or, if you timely provide
Client with an Arbitration Opt -out Notice, will be the state and federal courts located in
the Northern District of California and each of the parties hereto waives any objection to
jurisdiction and venue in such courts. Unless you timely provide Client with an
Arbitration Opt -out Notice, you acknowledge and agree that you and Malwarebytes
are each waiving the right to a trial by jury or to participate as a plaintiff or class
member in any purported class action or representative proceeding. Further,
unless both you and Malwarebytes otherwise agree in writing, the arbitrator may not
consolidate more than one person's claims, and may not otherwise preside over any
form of any class or representative proceeding. If this specific paragraph is held
unenforceable, then the entirety of this Section will be deemed void. Except as provided
in the preceding sentence, this Section will survive any termination of this Agreement.
(b) Arbitration Rules:
The arbitration will be administered by the American Arbitration Association ("AAA") in
accordance with the Commercial Arbitration Rules and the Supplementary Procedures
for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by
this Section. (The AAA Rules are available at www.adr.org/Rules or by calling the AAA
at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and
enforcement of this Section.
E:3►
(c) Arbitration Process:
A party who desires to initiate arbitration must provide the other party with a written
Demand for Arbitration as specified in the AAA Rules. (The AAA provides a general
Demand for Arbitration and a separate Demand for Arbitration for California residents
The arbitrator will be either a retired judge or an attorney licensed to practice law and
will be selected by the parties from the AAA's roster of arbitrators. If the parties are
unable to agree upon an arbitrator within seven days of delivery of the Demand for
Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules
(d) Arbitration Location and Procedure:
Unless you and Malwarebytes otherwise agree, the arbitration will be conducted in the
county where you reside. If your claim does not exceed $10,000, then the arbitration will
be conducted solely on the basis of the documents that you and Malwarebytes submit
to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing
is necessary. If your claim exceeds $10,000, your right to a hearing will be determined
by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to
direct a reasonable exchange of information by the parties, consistent with the
expedited nature of the arbitration.
(e) Arbitrator's Decision:
The arbitrator will render an award within the time frame specified in the AAA Rules.
The arbitrator's decision will include the essential findings and conclusions upon which
the arbitrator based the award. Judgment on the arbitration award may be entered in
any court having jurisdiction thereof. The arbitrator's award of damages must be
consistent with the terms of Section 9 ("Limitation of Liability") as to the types and
amounts of damages for which a party may be held liable. The arbitrator may award
declaratory or injunctive relief only in favor of the claimant and only to the extent
necessary to provide relief warranted by the claimant's individual claim. If you prevail in
arbitration you will be entitled to an award of attorneys' fees and expenses, to the extent
provided under applicable law. Malwarebytes will not seek, and hereby waives all rights
it may have under applicable law to recover, attorneys' fees and expenses if it prevails
in arbitration.
(f) Fees:
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely
as set forth in the AAA Rules. However, if your claim for damages does not exceed
$75,000, Malwarebytes will pay all such fees unless the arbitrator finds that either the
substance of your claim or the relief sought in your Demand for Arbitration was frivolous
or was brought for an improper purpose (as measured by the standards set forth in
Federal Rule of Civil Procedure 11(b)).
13. Feedback; Marketing.
If you provide any ideas, suggestions, or recommendations regarding the Software or
the Database ("Feedback"), Malwarebytes will be free to use, disclose, reproduce,
license or otherwise distribute, and exploit such Feedback as it sees fit, entirely without
obligation or restriction of any kind. By providing Feedback, you grant Malwarebytes a
worldwide, perpetual, irrevocable, sublicenseable, fully -paid and royalty -free license to
E:ic3
use and exploit in any manner such Feedback. If you are using Malwarebytes Software
in a business or for business purposes, you grant Malwarebytes the right to use your
trade name (and the corresponding trademark or logo) on the Malwarebytes website
and marketing materials to identify you as a customer.
14. General.
This Agreement will be governed by and construed in accordance with the laws of the
State of California, without regard to or application of conflict of laws rules or principles.
The United Nations Convention on Contracts for the International Sale of Goods will not
apply. If you are a U.S. resident, Section 12 ("Agreement to Arbitrate — U.S.
Customers") applies. If you are not a U.S. resident, you agree that any claims or actions
regarding this Agreement may be brought solely in the state of federal courts located in
the Northern District of California, and you waive any right to challenge jurisdiction and
venue therein. You may not assign or transfer this Agreement or any rights granted
hereunder, by operation of law or otherwise, without Malwarebytes' prior written
consent, and any attempt by you to do so, without such consent, will be void. Except as
expressly set forth in this Agreement, the exercise by either party of any of its remedies
under this Agreement will be without prejudice to its other remedies under this
Agreement or otherwise. All notices or approvals required or permitted under this
Agreement will be in writing and delivered by email (we will email you at the email
address you provided us when you initially purchased your license), and in each
instance will be deemed given upon receipt. The failure by either party to enforce any
provision of this Agreement will not constitute a waiver of future enforcement of that or
any other provision. Any waiver, modification or amendment of any provision of this
Agreement will be effective only if in writing and signed by authorized representatives of
both parties. Nothing in this Agreement shall be construed to create a partnership, joint
venture or agency relationship between the parties. Neither party will have the power to
bind the other or to incur obligations on the other's behalf without such other party's
prior written consent. If any provision of this Agreement is held to be unenforceable or
invalid, that provision will be enforced to the maximum extent possible, and the other
provisions will remain in full force and effect. This Agreement is the complete and
exclusive understanding and agreement between the parties regarding its subject
matter, and supersedes all proposals, understandings or communications between the
parties, oral or written, regarding its subject matter, unless you and Malwarebytes have
executed a separate agreement. Any terms or conditions contained in your purchase
order or other purchasing document that are inconsistent with or in addition to the terms
and conditions of this Agreement are hereby rejected by Malwarebytes and will be
deemed null.
15. Audit Rights.
If you are a Malwarebytes for Business or Malwarebytes for Teams user, then during the
term of this Agreement and for one (1) year thereafter, you will permit Malwarebytes, or
its duly authorized representatives, on reasonable prior notice, to audit your systems and
access your account(s) associated with the Software and/or SaaS Services, with respect
Evil
to all matters related to: (A) the number and type of Devices utilizing the Software and/or
SaaS Services, or (B) your compliance with its obligations under this Agreement.
In the event the audit identifies that you are using the Software and/or SaaS Services with
a greater number of Devices than the amount and type you have ordered and paid for,
(each referred to as a "Prohibited Device") then you shall be liable for and pay as
liquidated damages an amount equal to (as calculated based on Malwarebytes's then
current list prices): the fees for the Software license and/or SaaS Services for each
Prohibited Devices plus any related support services for a term equal to the greater of: (i)
the period of time the Prohibited Devices began using the Software and/or SaaS Services,
or (ii) twelve (12) months. Additionally, Customer shall be liable for the total reasonable
costs of the audit where any Prohibited Devices are discovered. Where the audit confirms
that you are in compliance with its obligations under this Agreement, Malwarebytes shall
bear the total costs it incurred associated with the audit.
16. Contact Us.
If you have any questions regarding this Agreement, you may contact Malwarebytes
at support(a)-malwarebytes.com. If you wish to send us a legal notice, please start the
subject line of your email with "Attention: Legal Department".
[SIGNATURES FOLLOW ON NEXT PAGE]
E:16'7
The parties have made this Agreement effective as of the date of last signature below.
Malwarebytes Customer:
Signature:
Name:
Title:
Date:
Signature:
Name:
Title:
Date:
E:11.1
Malwarebytes Inc.
3979 Freedom Circle 12th Floor
Santa Clara, CA 95054
United States
www.malwarebytes.com
BILL TO:
Hugh Kwak
City of Saint John
15 Market Sq
SAINT JOHN
NB E21- 1E8
CA
+15066496047
hugh. kwak@saintjohn.ca
VAT/Cert ID:
Todd Dunfee
Subscription Start Date:
Payment Method:
Payment Terms:
Billing Plan:
CONTACT DETAILS
Quote #: Q-264286
Date: 1/15/2020 8:18 AM
Expires On: 1/29/2020
Deal Reg #:
PO Number:
LICENSE TO: (If Applicable)
Hugh Kwak
City of Saint John
15 Market Sq
SAINT JOHN
NB E21- 1E8
CA
+15066496047
hugh. kwak@saintjohn.ca
tdunfee@malwarebytes.com
No
12
12
New
PRODUCT NAME
SUBSCRIPTION DETAILS
1/15/2020
Auto Renew:
Check
Subscription Term
Net 30
Renewal Term:
Upfront
Type:
Quote #: Q-264286
Date: 1/15/2020 8:18 AM
Expires On: 1/29/2020
Deal Reg #:
PO Number:
LICENSE TO: (If Applicable)
Hugh Kwak
City of Saint John
15 Market Sq
SAINT JOHN
NB E21- 1E8
CA
+15066496047
hugh. kwak@saintjohn.ca
tdunfee@malwarebytes.com
No
12
12
New
PRODUCT NAME
QTY
Non-
ITEM DISCOUNT
NET UNIT PRICE
EXTENDED
Commercial
M)
AMOUNT
MSRP
Malwarebytes Endpoint Protection
600
CAD 46.89
60.00
CAD 18.76
CAD 11,256.00
(Cloud Product)
Subtotal CAD 11,256.00
Tax CAD 0.00
Total CAD 11,256.00
Terms and Conditions
This Subscription is a Business license and requires one license per Device (as defined in the EULA). The quantity stated above
corresponds to the number of Devices that will be licensed. However, if the listed product name includes "Site License", then the
customer is obtaining a site license that does not have a fixed amount of Devices. Site licenses exclude Devices added through
mergers and acquisitions.
Page 1 of 2
87
This Subscription shall be governed by the terms of the End User License Agreement which can be found at https://
www.malwarebytes.com/eula ("EULA"), unless you have entered into another written end user license agreement with Malwarebytes
("Written Agreement'), in such case the Written Agreement shall govern. Subscription & Support fees begin on the later of the
Subscription Start Date or the Signature Date. Renewal Subscriptions begin at the end of the Initial Term or subsequent Renewal Term.
Subscriptions and Support fees are due for payment in accordance with the Payment Method and Payment Terms detailed herein. All
Sales Order Forms and Quotations are subject to sales tax at prevailing local rates.
City of Saint John Acceptance Malwarebytes Inc.
Signature:
Printed Name:
Date:
Title:
Signature:
Printed Name:
Date:
Title:
Page 2 of 2
E:1:3
COUNCIL REPORT
M&C No.
2020-29
Report Date
January 22, 2020
Meeting Date
January 27, 2020
Service Area
Saint John Water
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: Tender No. 2019 — 584001T — Supply and Installation of Backhaul
(Communication) Links
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Commissioner/Dept. HeadCity
Manager
Michael Baker
Brent McGovern /Brian
Keenan
John Collin
RECOMMENDATION
It is recommended that:
Tender No. 2019 — 584001T — Supply and Installation of Backhaul Links be
awarded to the low tenderer (Prodata Connectivity Specialists Inc.) at the cost of
$123,999.88 (including HST).
EXECUTIVE SUMMARY
The purpose of this report is to recommend that Council award Tender No. 2019
— 584001T — Supply and Installation of Backhaul Links to Prodata Connectivity
Specialists Inc.
PREVIOUS RESOLUTION
November 14, 2016; 2017 Water & Sewerage Utility Fund Capital Program
Approved.
March 6, 2017; 2017 Water & Sewerage Utility Fund Capital Program
Adjustments Approved.
E-lue
-2 -
STRATEGIC ALIGNMENT
This report aligns with Council's Priority for Valued Service Delivery, specifically
as it relates to investing in sustainable City services and municipal infrastructure.
REPORT
BACKGROUND
The approved Water and Sewerage Utility Fund Capital Program includes funding
for the replacement of backhaul (communication) links. The work involves
replacing six (6) existing Proxim GX90 backhaul (communication) links that are
approximately 15 years old and are currently unsupported by the manufacturer.
These backhaul links are typically installed on towers or poles and transmit
communications from Saint John Water stations back to Saint John Water's main
offices located 175 Rothesay Avenue. Due to the fact that the existing backhaul
(communication) links are unsupported and beyond their life expectancy they
are in need of replacement.
SERVICE AND FINANCIAL OUTCOMES
The proposed cost of work from Prodata Connectivity Specialists Inc. to provide
supply and installation services for six (6) new backhaul links is $123,999.88,
including HST.
Funds for the renewal of the six (6) backhaul (communication) links are included
in the 2017 Water & Sewerage Utility Fund Capital Program for SCADA upgrades.
The six (6) existing Proxim backhaul links included in this project have worked
well for SJW over approximately 15 years however since they are unsupported
by the manufacturer they need to be renewed. Once the six (6) existing backhaul
(communication) links are renewed, Saint John Water will have eight (8)
upgraded backhaul (communication) links as well as two (2) backhaul links that
Saint John Water staff will upgrade with existing hardware in 2020.
FINANCIAL IMPLICATIONS
The Contract includes work that is charged against the Water and Sewerage
Utility Fund Capital Program. Assuming award of the Contract to the low
tenderer, an analysis has been completed which includes the estimated amount
of work that will be performed by the Contractor and Others.
The analysis is as follows:
Budget $ 150,000.00
Project net cost $ 117,447.40
Variance (Surplus) $ 32,552.60
0I91
-3 -
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
A public tender call for the Supply and Installation of Backhaul Links was issued
on Tuesday, November 26th, 2019 and closed on Tuesday, December 19th, 2019.
Four (4) companies responded to the tender call by submitting bids. The results
are as follows (including HST):
1. MacNeil Telecom Inc. $ 274,850.00
2. Nova Communications $ 143,687.90
3. Shadcomm Ltd $ 134,791.50
4. Prodata Connectivity Specialists Inc. $ 123,999.88
The Engineer's estimate for the work was $150,000.00, including HST.
Staff of Materials Management and Saint John Water have reviewed the tenders
and have found them to be complete and formal in every regard. Staff believe
that the low tenderer has the necessary resources and expertise to perform the
work, and recommend acceptance of their tender.
The above process is in accordance with the City's Procurement Policy and
Materials Management support the recommendation being put forth.
ATTACHMENTS
N/A
021
COUNCIL REPORT
M&C No.
2020-23
Report Date
January 20, 2020
Meeting Date
January 27, 2020
Service Area
Finance and
Administrative Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: Gravity Sewer and Recreation & Parks Condition Assessments and
Cost Analysis Grant Agreement
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Commissioner/Dept. Head
City Manager
Samir Yammine
Kevin Fudge
John Collin
RECOMMENDATION
It is recommended that the City enter into the Grant Agreement with the
Federation of Canadian Municipalities under the Municipal Asset Management
Program (MAMP) for the Gravity Sewer and Recreation & Parks Condition
Assessments and Cost Analysis 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 the Federation of Canadian Municipalities for the Gravity
Sewer and Recreation & Parks Condition Assessments and Cost Analysis.
PREVIOUS RESOLUTION
As per M&C 2017-133, Common Council requested staff to submit a funding
application to FCM under the Municipal Asset Management Program (MAMP)
for the Gravity Sewer and Recreation & Parks Condition Assessments and Cost
Analysis.
REPORT
In December 2017, City staff submitted a funding application to FCM under the
Municipal Asset Management Program (MAMP) for the Gravity Sewer and
Recreation & Parks Condition Assessments and Cost Analysis.
ON
-2 -
The City received a notification from FCM that the application was successful and
the City of Saint John has been approved for a grant in the amount of the lesser
of 80% of Eligible Expenditure or $50,000 toward the Gravity Sewer and
Recreation & Parks Condition Assessments and Cost Analysis.
The MAMP funding will be used toward the cost of the following activities and
scope of work:
• Create a standard asset condition score conversion protocol for gravity
sewers
• Create an asset hierarchy schema applicable to recreation and park
assets and conduct condition assessment on selected assets
• Prepare final report and presentation
The proposed project will enable the City in improving the quality and reliability
of data for its underground sewer network and recreation and park assets as
well as planning life cycle activities and prioritize capital investment.
STRATEGIC ALIGNMENT
The proposed Project is aligned with 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.
SERVICE AND FINANCIAL OUTCOMES
The City of Saint John will receive a total grant up to $50,000 or 80% of the total
cost toward the proposed initiative. Funding for this project was approved under
the 2019 operating budget. The project is 95% completed and the grant
agreement will enable the City to recover the total cost from FCM.
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.
ATTACHMENT
Gravity Sewer and Recreation & Parks Condition Assessments and Cost Analysis
Grant Agreement
019]
GRANT AGREEMENT
THIS AGREEMENT is effective as of the date of last signature on the signature page.
BETWEEN:
CITY OF SAINT JOHN
-and-
FEDERATION OF CANADIAN MUNICIPALITIES
(herein called "Recipient')
(herein called "FCM")
WHEREAS:
(a) the Government of Canada and FCM have established the Municipal Asset Management Program
(herein called MAMP);
(b) the Government of Canada has funded the Municipal Asset Management Program, which is being
administered by FCM;
(c) FCM has agreed to provide the Recipient with a grant for use by the Recipient solely for the project
described in this Agreement; and
(d) this Agreement contains the terms for the administration and remittance of the grant by FCM to the
Recipient and the use of the grant by the Recipient.
NOW THEREFORE, the Parties hereby agree as follows:
ARTICLE 1
DEFINITIONS AND SCHEDULES
1.01 Definitions. Whenever used in this Agreement and unless the context otherwise requires, the
following terms have the following meanings:
"Agreement" means this agreement, including all schedules, and all amendments or restatements as
permitted;
"Business Day" means any day other than a Saturday, Sunday or statutory holidays in the Province of
Ontario;
"Claim" has the meaning ascribed thereto in Section 13.01 of this Agreement;
"Confidential Information" has the meaning ascribed thereto in Section 11.01 of this Agreement.
"Eligible Activities" means any reasonable activities necessary to complete the Project as described in
Part 2 of Schedule A attached hereto.
"Eligible Expenditure Date" has the meaning ascribed thereto in Part 4 of Schedule C attached hereto;
"Eligible Expenditures" means those permitted expenditures described in Part 4 of Schedule C attached
hereto, for which the Recipient may use the Grant;
"Grant" means the grant set forth in Article 2;
0L!
"Grant Amount" means the amount to be disbursed by FCM on account of the Grant up to the maximum
amount set forth in Part 1 of Schedule B attached hereto;
"Indemnified Parties" has the meaning ascribed thereto in Section 13.01 of this Agreement;
"Parties" means FCM and the Recipient, and "Party" refers to any one of them;
"Project" means the project described in Part 2 of Schedule A attached hereto;
"Project End Date" has the meaning ascribed thereto in Part 2 of Schedule A attached hereto; and
"Project Start Date" has the meaning ascribed thereto in Part 2 of Schedule A attached hereto;
"Receiving Party" has the meaning ascribed thereto in Section 11.01 of this Agreement.
1.02 Schedules. The following annexed Schedules form part of this Agreement and the Parties shall
comply with all terms and conditions set -out therein:
Schedule A: Part 1: Conditions of Contribution
Part 2: Description of Project, Statement of Work and Project Expenditures
Part 3: Reporting Requirements and Project Deliverables
Schedule B: Part 1: Grant Amount
Part 2: Particulars of the Sources of Funding
Part 3: Payment Schedule/Period of Funding
Schedule C: Part 1: Request for Contribution, Letter of Attestation and Expense Claim
Part 2: Completion Report Templates
Part 3: Accepted Practices
Part 4: Eligible Expenditures
Schedule D: Contact Information
ARTICLE 2
THE GRANT
2.01 Grant Purpose. FCM is providing the Grant to the Recipient for the sole purpose of assisting the
Recipient in the performance of the Project, as described in Part 2 of Schedule A attached hereto.
2.02 Grant Amount. Subject to and in accordance with the terms and conditions of this Agreement and
in reliance upon the representations, warranties and covenants of the Recipient hereinafter set
forth, FCM agrees to contribute towards the Eligible Expenditures, the Grant Amount, as more
particularly described in Part 1 of Schedule B attached hereto.
2.03 Disbursement of Grant.
(a) FCM shall disburse the Grant in accordance with Part 3 of Schedule B attached hereto
(b) No portion of the Grant shall be disbursed by FCM without it first receiving from the
Recipient a completed Request for Contribution in accordance with Part 1 of Schedule C
attached hereto.
(c) Provided that the Conditions of Contribution set -out in Part 1 of Schedule A attached hereto
are satisfied, the Recipient may request the Grant by delivering to FCM the appropriate
Request for Contribution in accordance with Part 1 of Schedule C attached hereto at least
OR
30 days before the requested date of disbursement; the requested date of disbursement
may be delayed if the Request for Contribution delivered by the Recipient to FCM is not, in
FCM's sole discretion, satisfactory and revisions or supplemental documentation are
required.
2.04 Term. This Agreement shall continue in force until FCM has received and notified the Recipient of
its satisfaction with all reports required to be completed by the Recipient in accordance with the
terms and conditions of this Agreement, or until the Agreement has been terminated in accordance
with Section 12.01, whichever shall first occur.
ARTICLE 3
CONDITIONS OF CONTRIBUTION
3.01 Conditions of Contribution. Subject to Section 2.03, the obligation of FCM to disburse the Grant to
the Recipient is conditional upon the Recipient satisfying the conditions set -out in Part 1 of
Schedule A attached hereto, to the satisfaction of FCM.
ARTICLE 4
REPRESENTATIONS AND WARRANTIES
4.01 Representations and Warranties. The Recipient represents and warrants that:
(a) it is duly established under the laws of the Province of New Brunswick and has the legal
power and authority to enter into, and perform its obligations under this Agreement and the
Project;
(b) this Agreement has been duly authorized and executed by it and constitutes a valid and
binding obligation of it, enforceable against it in accordance with its terms;
(c) neither the making of this Agreement nor the compliance with its terms and the terms of
the Project will conflict with or result in the breach of any of the terms, conditions or
provisions of, or constitute a default under any indenture, debenture, agreement or other
instrument or arrangement to which the Recipient is a party or by which it is bound, or
violate any of the terms or provisions of the Recipient's constating documents or any
license, approval, consent, judgment, decree or order or any statute, rule or regulation
applicable to the Recipient;
(d) no litigation, arbitration or administrative proceedings are current or pending or have been
threatened, and so far as the Recipient is aware no claim has been made, which is likely
to have an adverse effect on its preparation and/or delivery of the Project or its compliance
with its obligations under this Agreement; and
(e) it has the right to grant the license set out in Section 6.02 of this Agreement.
ARTICLE 5
COVENANTS
5.01 Affirmative Covenants. Unless FCM shall otherwise agree in writing, the Recipient covenants and
agrees that it shall:
(a) use the Grant only for Eligible Activities relating to the Project;
(b) carry out the Project and conduct the activities thereof in compliance with all applicable
laws and regulations and, without restricting the generality of the foregoing, in compliance
with all labour, environmental, health and safety and human rights legislation applicable to
the Project;
(c) carry out the Project with due diligence and efficiency and in accordance with sound
engineering, scientific, financial and business practices;
(d) provide FCM with prompt notice of any:
(i) material change to the Project;
(ii) proposed change in the nature or scope of its legal status; or
act, event, litigation or administrative proceeding that does or may materially and
adversely affect the Project or may materially and adversely affect the ability of the
Recipient to perform its obligations under this Agreement or the Project.
5.02 Negative Covenants. Unless FCM shall otherwise agree in writing, the Recipient shall not:
(a) use the Grant for expenditures that are not Eligible Expenditures;
(b) for 5 years after the end date of this Agreement, sell, assign, transfer, lease, exchange or
otherwise dispose of, or contract to sell, assign, transfer, lease, exchange or otherwise
dispose of, any of the real or personal property, whether movable or immovable, acquired,
purchased, constructed, rehabilitated or improved, in whole or in part, with the Grant (the
"Assets"); if at any time within 5 years after the end date of this Agreement, the Recipient
sells, assigns, transfers, leases, exchanges or otherwise disposes of any Asset other than
to the Government of Canada, a local government, or with the Government of Canada's
consent, the Recipient may be required to pay back to FCM, at FCM's sole discretion, all
or a portion of the Grant that was disbursed by FCM to the Recipient.
ARTICLE 6
INTELLECTUAL PROPERTY
6.01 Intellectual Property. Copyright in all reports, documents and deliverables prepared in connection
with this Agreement and listed in the Schedules of this Agreement by or on behalf of the Recipient
(the "Recipient Documentation") will be the exclusive property of, and all ownership rights shall vest
in either the Recipient or, subject to the Recipient's ability to grant the license set out in Section
6.02, a person or entity engaged to develop the Recipient Documentation on behalf of the
Recipient.
6.02 License. The Recipient hereby grants to FCM an irrevocable, perpetual, worldwide, royalty -free,
license, to use, publish, make improvements to, sub -license, translate and copy the Recipient
Documentation. This license shall survive the expiration or termination of this Agreement.
ARTICLE 7
APPROPRIATIONS
7.01 Appropriations. Notwithstanding FCM's obligation to make any payment under this Agreement, this
obligation does not arise if, at the time when a payment under this Agreement becomes due, the
Parliament of Canada has not passed an appropriation that is sufficient and constitutes lawful
authority for the Government of Canada making the necessary payment to FCM for the project or
program in relation to which the Grant is being provided. FCM may reduce, delay or terminate any
payment under this Agreement in response to the reduction or delay of appropriations or
departmental funding levels in respect of transfer payments, the project or program in relation to
MA
which the Grant is being provided, or otherwise, as evidenced by any appropriation act or the
federal Crown's main or supplementary estimates expenditures. FCM will not be liable for any
direct, indirect, consequential, exemplary or punitive damages, regardless of the form of action,
whether in contract, tort or otherwise, arising from any such reduction, delay or termination of
funding.
ARTICLE 8
MEMBERS OF THE HOUSE OF COMMONS AND SENATE
8.01 No member of the House of Commons or the Senate of Canada will be admitted to any share or
part of this Agreement, or to any benefit arising from it, that is not otherwise available to the general
public. The Recipient will promptly inform FCM should it become aware of the existence of any
such situation.
ARTICLE 9
NO BRIBES
9.01 The Recipient guarantees that no bribe, gift or other inducement has been paid, given, promised
or offered to any person in order to obtain this Agreement. Similarly, no person has been employed
to solicit or secure the Agreement upon any agreement for a commission, percentage, brokerage
or contingent fee. The Recipient also guarantees that it has no financial interest in the business of
any third party that would affect its objectivity in carrying out the Project.
ARTICLE 10
AUDIT AND ACCESS
10.01 Audit and Access.
(a) FCM reserves the right to undertake, at any time, at its expense, any audit of the records
and accounts of the Recipient in relation to the Project. The Recipient agrees to ensure
that prompt and timely corrective action is taken in response to any audit findings and
recommendations conducted in accordance with this Agreement. The Recipient will submit
to FCM in a timely manner, a report on follow-up actions taken to address
recommendations and results of the audit.
(b) The Recipient shall maintain proper and accurate financial accounts and records, including
but not limited to its contracts, invoices, statements, receipts, employee timesheets, and
vouchers, in respect of the Project. The Recipient covenants and agrees that it shall keep
all such books and records of the Project until March 31, 2031.
(c) Upon FCM's request with reasonable prior notice thereto, the Recipient shall provide FCM
and its designated representatives with reasonable and timely access to sites, facilities,
and any documentation relating to the Project for the purposes of audit, inspection,
monitoring, evaluation, and ensuring compliance with this Agreement, and permit FCM to
communicate directly with, including the receipt of information from, its external auditors
regarding its accounts and operations relating to the Project.
(d) The Government of Canada, the Auditor General of Canada, and their designated
representatives, to the extent permitted by law, will at all times be permitted to inspect the
terms and conditions of this Agreement and any records and accounts respecting the
Project and will have reasonable and timely access to sites, facilities and any
documentation relevant for the purpose of audit.
(e) The covenants, rights and obligations contained in this Article 10 shall survive the
termination or expiry of this Agreement.
x'1:3
ARTICLE 11
CONFIDENTIALITY
11.01 Confidentiality.
(a) All processes, documents, data, plans, material, policies or information pertaining to either
Party's operations which is obtained by the other Party (`Receiving Party") or furnished to
the Receiving Party in connection with this Agreement and expressly identified as
confidential thereby, including, without limitation, the terms of this Agreement,
(`Confidential Information") shall be maintained by the Receiving Party in strict
confidence and shall not be disclosed to any person or entity for any reason or used by the
Receiving Party except as necessary for it to perform its obligations hereunder.
(b) The limitations contained in this section shall not apply to (a) Confidential Information which
is in the public domain at the time of disclosure; (b) Confidential Information that becomes
part of the public domain after disclosure through no fault of the Receiving Party; (c)
Confidential Information that the Receiving Party can prove was known by the Receiving
Party at the time of disclosure; (d) Confidential Information that the Receiving Party can
prove was supplied to the Receiving Party by a third party or was independently developed
by the Receiving Party; or (e) Confidential Information required to be disclosed pursuant to
judicial process.
ARTICLE 12
TERMINATION
12.01 Termination of the Agreement.
(a) FCM may terminate this Agreement:
(i) if the Recipient breaches any term or condition of this Agreement, and fails to
remedy such breach upon the expiry of 15 Business Days' written notice from FCM
of such breach or, with respect to a breach that cannot be remedied within the 15
Business Day period, such longer period of time as FCM may reasonably provide
the Recipient to remedy the breach, provided the Recipient has commenced to
remedy the breach within the 15 Business Day period and is actively and diligently
taking appropriate measures to remedy the breach;
if the Recipient becomes insolvent and/or proceedings have been commenced
under any legislation or otherwise for its dissolution, liquidation or winding -up, or
bankruptcy, insolvency or creditors' arrangement proceedings have been
commenced by or against the Recipient;
if, in FCM's sole discretion, the Project cannot be completed as initially presented;
and
(iv) if the Parliament of Canada fails to pass an appropriation that is sufficient and
constitutes lawful authority for the Government of Canada making the necessary
payment to FCM for the project or program in relation to which the Grant is being
provided.
(b) Either Party may, on not less than 30 days' prior written notice to the other Party, terminate
this Agreement.
12.02 Effect of Termination. If this Agreement is terminated pursuant to Section 12.01, the Recipient
may be:
061
(a) reimbursed for all or a portion of the expenses they have incurred in relation to the Project
up to the effective date of termination; or
(b) required to pay back to FCM all or a portion of the Grant Amount that was disbursed by
FCM to the Recipient prior to the effective date of termination;
as applicable, all subject to FCM's sole discretion and satisfaction, taking into consideration out-of-
pocket expenses incurred and results reported by the Recipient in connection with the Project.
ARTICLE 13
INDEMNITY
13.01 Indemnity. The Recipient hereby agrees to indemnify and hold harmless FCM and its officers,
directors, employees and agents (collectively, the "Indemnified Parties") from and against any
and all liability, loss, costs, damages and expenses (including legal, expert and consultant fees),
causes of action, actions, claims, demands, lawsuits or other proceedings (collectively, a "Claim"),
by whomever made, sustained, incurred, brought or prosecuted, in any way arising out of or in
connection with the Project or otherwise in connection with this Agreement, but only to the extent
that such Claim arises out of or is in connection with the Recipient's breach of this Agreement or is
caused by the negligence or wilful misconduct of the Recipient in the performance of its obligations
hereunder or otherwise in connection with the Project.
13.02 Intellectual Property Indemnity. Recipient shall defend or settle at its expense any claim or suit
against FCM arising out of or in connection with an assertion that the Recipient Intellectual Property
infringes any intellectual property right and Recipient shall indemnify and hold harmless FCM from
damages, costs, and attorneys' fees, if any, finally awarded in such suit or the amount of the
settlement thereof; provided that (i) Recipient is promptly notified in writing of such claim or suit,
and (ii) Recipient shall have the sole control of the defense and/or settlement thereof.
ARTICLE 14
MISCELLANEOUS PROVISIONS
14.01 Notice. Any notice, document or other communication required to be given under this Agreement
shall be in writing and shall be sufficiently given if sent by personal delivery/courier, registered mail
or email to the other Party at its address indicated in Schedule D attached hereto, or to such other
address, email address or person that the Party designates in writing to the other Party. The notice
shall be deemed to have been delivered on the day of personal delivery, on the day received by
email (as evidenced by a transmission confirmation), or on the fifth day following mailing.
14.02 Relationship of the Parties. The relationship between the Recipient and FCM is, and shall at all
times be and remain, essentially that of a recipient and a grantor, and this Agreement does not and
shall not be deemed to create a joint venture, partnership, and fiduciary or agency relationship
between the Parties for any purpose. Neither the Recipient, nor any of its personnel are engaged
as an employee, servant or agent of FCM.
14.03 Public Announcements. The Recipient shall cooperate with FCM, who will lead the preparation and
issuance of the public funding announcement for the Project and/or the coordination of a public
announcement event attended by FCM and the Government of Canada. The Recipient will be
informed of the process immediately after the signature of this Agreement. If any public statement
or release is so required, the Recipient shall promptly inform FCM of upcoming promotional events
related to the Project and allow FCM and the Government of Canada to participate in such media
activities or events.
14.04 Project Branding. The Recipient shall recognize and state in an appropriate manner, as approved
by FCM, the financial assistance offered by FCM concerning the Project and the contribution of the
W9191
Government of Canada to FCM, as specified in Part 3 of Schedule C attached hereto. If requested
by FCM, the Recipient shall have affixed, in content, form, location and manner acceptable to FCM,
signage acknowledging the contribution of FCM and the Government of Canada to the Project. The
Recipient shall adhere to the policies regarding the use of graphic design elements and signage as
specified in Part 3 of Schedule C attached hereto.
14.05 Entire Agreement. This Agreement constitutes the entire understanding between the Parties with
respect to the subject matter hereof and supersedes all prior understandings, negotiations and
discussions, whether written or oral. There are no conditions, covenants, agreements,
understandings, representations, warranties or other provisions, express or implied, collateral,
statutory or otherwise, relating to the subject matter hereof except as herein provided.
14.06 Survival. Except as otherwise provided herein, those sections of this Agreement which, by the
nature of the rights or obligations set -out therein might reasonably be expected to survive any
termination or expiry of this Agreement, shall survive any termination or expiry of this Agreement.
14.07 Amendments. No amendment of the Agreement will have any force or effect unless reduced to
writing and signed by both Parties.
14.08 Assignment. The Recipient cannot assign this Agreement without the prior written consent of FCM.
14.09 Enurement. This Agreement shall enure to the benefit of, and shall be binding upon, the Parties
and their respective, heirs, executors, administrators, successors and permitted assigns.
14.10 Governing Law. This Agreement shall be governed by and construed in accordance with the law of
the Province of Ontario and the federal laws of Canada applicable therein.
14.11 Severability. Each of the binding provisions contained in this Agreement is distinct and severable.
Any declaration by a court of competent jurisdiction of the invalidity or unenforceability of any
binding provision or part of a binding provision will not affect the validity or enforceability of any
other provision of this Agreement.
14.12 Waiver. No waiver of any provision of this Agreement shall be effective unless made in writing and
signed by the waiving Party. The failure of any Party to require the performance of any term or
obligation of this Agreement, or the waiver by any Party of any breach of this Agreement, shall not
prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any
subsequent breach.
14.13 Counterparts. This Agreement may be executed and delivered (including by facsimile transmission
or in protocol document format ("PDF')) in one or more counterparts, each of which when executed
shall be deemed to be an original but all of which taken together shall constitute one and the same
agreement.
[SIGNATURE PAGE FOLLOWS]
`G
IN WITNESS WHEREOF, the Parties hereto have executed and delivered this Agreement as of the
date written below.
CITY OF SAINT JOHN,
Per:
Name: Don Darling
Title: Mayor
Date:
Per:
Name:
Title:
Date:
1 have authority to bind the Recipient herein.
FEDERATION OF CANADIAN MUNICIPALITIES,
Per: _
Name
Title:
Date:
Bogdan Makuc
Program Director, MAMP
1 have authority to bind FCM herein.
`[oya
Schedule A
Part 1 Conditions of Contribution
The obligation of FCM to disburse the Grant Amount is conditional upon the Recipient satisfying the
following conditions, to the satisfaction of FCM:
• Completed Request for Contribution in the form of Part 1 of Schedule C;
• Receipt and acceptance of Final Report, which is due within 30 days of Project end date, in
accordance with the reporting template Part 2 of Schedule C;
• Receipt and acceptance of Evidence of Deliverables, as noted in the Final Report;
• Receipt and acceptance of Expense claim;
• Letter of Attestation for Expense Claim, including confirmation that all expenses claimed are
Eligible Expenditures, in the format of Part 4 of Schedule C.
The Recipient acknowledges and agrees that, notwithstanding the foregoing conditions, FCM's obligation
to disburse the Grant Amount is subject to Article 7 of the Agreement.
Schedule A
Part 2 Description of Project, Statement of Work and Project Expenditures
The Recipient will undertake a Project in accordance with the phases, activities and/or milestones
outlined in the below Statement of Work.
Project Number: MAMP 16260 — City of Saint John, New Brunswick
Project Title: Gravity Sewer and Recreation & Parks Condition Assessments and Cost Analysis
Project Sector: Asset Management (MAMP)
Project Type: MAMP Projects
Project Start Date Project End Date
14 February 2019 14 January 2020
Project Description
The City of Saint John (City) will establish a standardized methodology to convert existing closed circuit
television (CCTV) records of gravity sewers into a 1 - 5 condition rating using industry best practices such
as the National Association of Sewer Service Companies (NASSCO) Pipeline Assessment Certificate
Program (PACP). The city will then assess/update the condition rating, replacement cost, and remaining
useful life of selected gravity sewers in the GIS.
The City will generate a complete inventory of Recreation and Park assets, assess the condition of these
assets, and determine replacement costs and estimated remaining useful lives. The City will include the
following assets in these assessments: playgrounds, sports fields, recreation and sports facilities, trails
and walkways, park lighting, and other structures.
The City will establish and document a Recreation and Park asset hierarchy, and define the needed data
models, using industry best practices such as the Institute for Public Works Engineering of Australia. The
City will follow with a series of on-site inspections of major Parks in the City to generate a complete and
MAMP 16260
(28 pages)
`DIV
accurate inventory as well as conduct condition assessments of park recreation facilities. The City will
upload field into the GIS. The updated inventory of gravity sewers and Park assets, will allow staff to
generate a realistic financial needs forecast for assets in question.
Activity
Deliverable
A set of documents confirming the creation of a conversion
1. Create a standard asset
methodology, including:
condition score conversion
A standard methodology to convert CCTV inspection footage data
protocol for gravity sewers
(NASSCO PACP) into a condition rating score of 1 to 5.
A set of documents confirming the creation of an asset hierarchy
Create a standard asset
schema, including:
2. Create an asset hierarchy
• A report outlining the creation of a standardized recreation and
schema applicable to
park asset hierarchy, data model, and condition rating system;
recreation and park assets
and
• A report demonstrating the completion of a full inventory of
rotoco(for 6ravi sewers"
recreation and parks assets.
A set of documents confirming the implementation of the tools
Review existing CCTV footage database and confirm linkage to
developed in the first two activities of this project, that includes:
GIS
• Updated condition ratings, replacement costs and remaining
Prepare a memorandum outlining the condition methodology to
useful lives of gravity sewers;
3. Prepare project report
0 Updated condition ratings, replacement costs and remaining
Convert existing NASSCO scores to a 1-5 condition rating
useful lives of recreation and park assets in the GIS; and
Update the replacement costs, estimated useful life and condition
• A long term forecast of financial needs for managing the assets
of gravitysewers in the GIS.
examined through this project.
MAMP 16260
(28 pages)
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Eligible ineligible Total
Activity
Start date:
End date: "
Expenditures Expenditures Expenditure '
($) ($) ($)
Create a standard asset
14 Feb. 2019
14 Jan. 2020
condition score conversion
rotoco(for 6ravi sewers"
Review existing CCTV footage database and confirm linkage to
$2,500.00 $0.00 $2,500.00
GIS
Prepare a memorandum outlining the condition methodology to
$2,500.00 $0.00 $2,500.00
convert NASSCO scores to a 1-5 condition rating
Convert existing NASSCO scores to a 1-5 condition rating
$5,000.00 $0.00 $5,000.00
Update the replacement costs, estimated useful life and condition
$5,000.00 $0.00 $5,000.00
of gravitysewers in the GIS.
Activity 1 Subtotals
$15,000.00 $0.00 $15,000.00
Craate an asset hierarchy
schema applicable to
14 Feb. 2019
14 Jan. 2020
Re'creation and Park assets
Prepare a deliver a workshop of Recreation and Park asset
$6,500.00 $0.00 $6,500.00
hierarchy, data model and condition rating system
Prepare a memorandum outlining the results of the Recreation
$2,000.00 $0.00 $2,000.00
and Park workshop
Conduct on-site inspection of Recreation and Park assets.
$32,000.00 $0.00 $32,000.00
Update the replacement costs, estimated useful life and condition
$6,000.00 $0.00 $6,000.00
of Recreation and Park assets.
Activity 2 Subtotals
$46,500.00 $0.00 $46,500.00
MAMP 16260
(28 pages)
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Prepare project report.
14 Feb. 2019
14 Jan. 2020
Final Report
Prepare final report of the methodologies and results used for the
Gravity Sewer and Recreation and Park assets.
$4,300.00 $0.00 $4,300.00
Activity 3 Subtotals
$4,300.00 $0.00 $4,300.00
Total Expenditures
$65,800.40 $0.00 $65,800.00
Schedule A
Part 3 Reporting Requirements and Project Deliverables
The following report is to be provided to FCM at the completion of the Project. The format of the report is
as provided in Part 2 of Schedule C.
Name of Report
Due Date:
Content
Final Report
13 February 2020
The content and format of this report is provided in
Schedule C, Part 2.
MAMP 16260
(28 pages)
`WO
Schedule B
Part 1 Grant amount
Subject to the terms and conditions of this Agreement, FCM agrees to contribute towards the Eligible
Expenditures an amount (the "Grant Amount") that is equal to the lesser of:
the sum of Fifty thousand dollars ($50,000.00); or
eighty percent (80.0%) of Eligible Expenditures;
Notwithstanding the foregoing, if the aggregate amount of funding received or to be received from all
sources of funding, other than the Recipient, as described in Part 2 of Schedule B (all as determined and
calculated by FCM) is greater than the total expenditures incurred by the Recipient in respect of the
Project then FCM may reduce the Grant Amount to such amount as it deems appropriate, in its sole and
absolute discretion.
Schedule B
Part 2 Particulars of the Sources of Funding
The funding sources for this initiative are outlined in the table below. Each funding source indicates the
amount of funding and when the funding was confirmed or is expected to be confirmed.
Funding source
Description
Confirmed
Date committed
Amount
%'of total
(Y/N);
DD-MM-YYYY
($)
budget
FCM Grant
Grant
Y
12 October 2018
$50,000.00
76.0%
Asset
City of Saint John
Management
Y
15 May 2017
$15,800.00
24.0%
Budget
Total funding:
$65,800.00
100.0%
MAMP 16260
(28 pages)
`191-1
Schedule B
Part 3 Payment Schedule/ Period of Funding
FCM will disburse the Grant Amount as determined in this table upon completion of activities, as
evidenced by submission and acceptance by FCM of the Final Report and a Request for Contribution.
The Final Report and Request for Contribution must be submitted at least 30 days prior to the requested
date of disbursement.
The Recipient must notify FCM in writing of any anticipated delays in this disbursement schedule. FCM
reserves the right to adjust dates of disbursement or amounts subject to Article 7 of the Agreement.
Period of Funding:
The Period of Funding is defined as the period between Project Start Date and 30 days after the Project
End Date as set out in Part 2 of Schedule A.
MAMP 16260
(28 pages)
`[orl
Date of Report
Forecast Date of
Maximum Amount of
Deliverable
Submission
Disbursement
Disbursement
Final Report
13 February 2020
16 March 2020
$50,000.00
Period of Funding:
The Period of Funding is defined as the period between Project Start Date and 30 days after the Project
End Date as set out in Part 2 of Schedule A.
MAMP 16260
(28 pages)
`[orl
Schedule C
Part 1 Request for Contribution, Letter of Attestation and Expense Claim
Federation of Canadian Municipalities
24 Clarence Street
Ottawa, Ontario
K1 N 5P3
Attention: Brett Phillips
Project Officer - MAMP
Ladies and Gentlemen:
Re: MAMP — no. 16260 Agreement between the Federation of Canadian Municipalities (as
Trustee) and the City of Saint John ("Recipient") (the "Agreement")
A3,6,
the(6, of the Recipient certify and confirm that the Recipient is requesting the Contribution and that the
Recipient has satisfied each condition of contribution listed below. I understand that all information below
must be submitted and accepted in order for FCM to be able to proceed to funds transfer.
I am attaching to this request for contribution all documents specified in Part 1 of Schedule A:
• Project Final Report, with all content specified in the template (Part 2 of Schedule C); and
• Letter of Attestation.
In addition, I have also attached the following documents:
• The Expense Claim;
• Updated statement of funding sources and amounts (Part 2 of Schedule B);
• A void cheque, for the bank account where the Recipient would like FCM to disburse the
Contribution.
Signature:
MAMP 16260
(28 pages)
`W-,]
Date:
Schedule C
Letter of Attestation for Expense Claim
TO: The Federation of Canadian Municipalities
This letter of attestation (the "Letter") is issued pursuant to the Agreement #16260 (project number) dated
(the "Agreement') between the Federation of Canadian Municipalities ("FCM") and the City of
Saint John (the "Recipient'), and in support of the expense claim submitted by the Recipient to FCM for
reimbursement of expenses incurred and paid by the Recipient in relation to the Project (the "Expense
Claim").
All defined terms used in this Letter and not otherwise defined shall have the corresponding meaning in
the Agreement.
I am an authorized officer of the Recipient and I hereby certify, in satisfaction of the terms and conditions
of the Agreement, that:
All expenses claimed in the Expense Claim have been incurred and paid by the
Recipient;
ii. All expenses claimed in the Expense Claim relate to the Project;
iii. All expenses claimed in the Expense Claim relate to Eligible Activities in compliance with
the eligible activity requirements described in Part 4 of Schedule C to the Agreement; and
iv. All expenses claimed in the Expense Claim are Eligible Expenditures in compliance with
the eligible expenditure requirements described in Part 4 of Schedule C to the
Agreement.
V. All expenses claimed have been incurred during the Period of Funding.
Name and title of authorized officer of Recipient
Signature
MAMP 16260
(28 pages)
`[ole.]
Date
Expense Claim
Project Number
MAMP 16260
Project Title
�JAnalysis
Gravity Sewer and Recreation & Parks Condition Assessments and Cost
Total Actual
The following expenditures have been incurred from the period between 0100010f 1 „and s
f for the completion of the activities identified.
Activity Completed
Total Budgeted
Total Actual
Total Actual
Total Actual
Expenditures ($)
Eligible
Ineligible
Expenditures Net
(as per Part 2 of
Expenditures
Expenditures
of Tax Rebates
Schedule A per
Net of Tax
Net of Tax
per activity ($)
Training
activity)
Rebates per
Rebates per
Professional and/or
Technical Services
activity ($)
activity ($)
Create a standard asset
Supplies and Materials
condition score
$15,000.00
conversion protocol for
$
$
$
gravity sewers.
Create an asset hierarchy
schema applicable to
$46,500.00
Recreation and Park
assets
Prepare project report.
$4,300.00
Total Expenditure ($)
$65,800.00
$
$
$
Expenditures Incurred by
Expenditure Category
(as per Part 4 of Schedule C)
Total Actual Eligible
Expenditures Net of
Tax Rebates ($)
Total Actual
Ineligible
Expenditures Net
of Tax Rebates ($)
Total Actual
Expenditures Net
of Tax Rebates ($)
Administrative and
Overhead Expenditures
Capital Expenditures
Equipment Rental
In -Kind
Training
Professional and/or
Technical Services
Staff remuneration
Supplies and Materials
Travel and accommodation
Total Expenditures Incurred
($)
$
$
$
MAMP 16260
(28 pages)
`sM
Schedule C
Part 2 Completion Report Templates
FINAL REPORT
FCM's Municipal Asset Management Program (MAMP)
Note: If completing this form electronically, the boxes will expand to accommodate text.
VIII°°' VIII " liiii iiiiian actli li[Cbs
For any activities marked No or Partial above, please explain the deviation from the scope of work.
MAMP 16260
(28 pages)
111
an outca���'nesi
Conduct a final self-assessment using the Asset Management Readiness Scale. We recommend that you
bring a cross -functional group of staff together to do this assessment. Referring to the Asset Management
Readiness Scale, look at the outcome statements for each level. Identify which outcomes you have
achieved. If you have completed all the outcomes for a particular level, you have completed that level.
Based on your self-assessment, complete the table below.
Were there additional factors or programs — other than FCM project funding — that contributed to
your project outcomes? If so, please provide a short description of any other important contributing
factors.
MAMP 16260
(28 pages)
`N
atlier a iii
In addition to the outcomes described in the table above, please describe any other changes that
occurred because of your project. Examples might include a change in interest in asset management,
cost savings, a change in departmental budget priorities, and so on.
For each additional change that you have observed, please answer the following questions:
• What change did you observe over the course of the project?
• What/who contributed to this change?
• How do you know this change has happened?
VIII n se a r in
What worked well?
What would you recommend to other municipalities undertaking the same work?
Please provide 1-3 lessons.
What would you do differently?
If you were to do this project again, what would you change? Please provide 1-3 lessons.
Note: These lessons will be compiled and shared, without attribution, with other municipalities and
practitioners to advance asset management knowledge.
MAMP 16260
(28 pages)
MCI
IIIII� esources
Please list and describe any external human resources (i.e. organizations or personnel) that you worked
with during the project.
Please list and evaluate other key information sources, tools, templates, training materials, etc., that you
used to assist your work during this project. Note: This list may be used to inform other municipalities and
organizations of available information and resources.
VIII""'° VIII °liiii iiiiian III u
Please complete the final budget reporting template, found in Schedule C of your contract, including all
eligible expenses, and submit it together with this final report. Please confirm whether either or both of the
following statements are true:
❑ The actual expenditure for any activity in this project deviated by more than 15% from the budget
presented in the application.
❑ Some of the expenditures included in the final budget report were used for activities marked as
Partial or Not Completed in Question 1.
If you ticked either of the above statements, please explain why your actual expenditures varied from the
original activity budget. FCM staff may contact you for further details.
MAMP 16260
(28 pages)
ME1
INext stqps
What are your next steps to improve your community's asset management practices?
VIII hili ° iii ° liii iiia IIIcnoWbdge sIIIiarli hili
Peer learning is a priority for FCM's Municipal Asset Management Program (MAMP). Please indicate if
you are interested in sharing your lessons through MAMP with peer municipalities and organizations.
❑ Yes, we are interested in sharing our results and experiences at peer learning events.
VIII iiiii liiii liiii 11111 liii iiia 11111 liii iii
Please list the titles of the individuals that contributed to, or were consulted in, the completion of this
report.
ftf Coiuxuiuxieints (foulµIII QIVI liiiifl.cuiµui4Use) (oCtfotiaf)
FCM will continue to adapt and improve the MAMP program throughout its life cycle. We welcome all
feedback about the program, or your experience, that might help us make it more useful in the future.
MAMP 16260
(28 pages)
`R
"""" iii VIII UIII VIII Iiiii use) (optional)
FCM and Infrastructure Canada would appreciate a testimonial as to the value that MAMP funding has
provided.
How has the Municipal Asset Management Program supported your municipality or organization in
making better -informed infrastructure decisions? Why is this important for your community?
❑ Yes, I give my permission to use the above statements publicly, with attribution to the municipality or
organization.
iiia
IIID
❑ By typing my name below and submitting this report, I am providing my signature and I certify that the
above final report is complete and accurate in its entirety.
Signed by the Authorized Officer
MAMP 16260
(28 pages)
`§1.1
Schedule C
Part 3 Accepted Practices
The Recipient shall incorporate the following language into the Final Plan or Final Study or Final Capital
Project, as applicable, and the Final Completion Report, unless it has received written notice to the
contrary from FCM:
V 201X—, City of Saint John. All Rights Reserved.
The preparation of this documents was carried out with assistance from the
Government of Canada and the Federation of Canadian Municipalities.
Notwithstanding this support, the views expressed are the personal views of the
authors, and the Federation of Canadian Municipalities and the Government of
Canada accept no responsibility for them."
Schedule C
Part 4 Eligible Expenditures
Eligible expenses must be incurred after Eligible Expenditure Date of 14 February 2019.
1) Pre -application
2) Administrative and
Overhead
Expenditures
MAMP 16260
(28 pages)
N/A
• Any expenditure incurred prior to
FCM's eligible expenditure date.
• Expenditure of developing this
proposal or application.
Administrative expenditures that are General overhead expenditures
directly linked to and have been incurred incurred in the regular course of
business, such as:
for the project, such as:
• Communication expenditures (e.g.
long-distance calls or faxes).
• Outsourced printing or photocopying.
• Acquisition of documents used
exclusively for the project.
• Document translation.
• Transportation, shipping and courier
expenditures for delivery of materials
essential for the project.
• Design and production of
communication products to promote
project outcomes and benefits to the
public.
• Office space, real estate fees
and supplies.
• Financing charges and interest
payments.
• Promotional items.
• Permits or certifications.
• Advertising, website
development, project education
materials or expenditures to
disseminate project
communications products.
• Hospitality expenses (food and
drink, alcohol, entertainment,
etc.).
MAMP 16260
(28 pages)
`MF:3
Asset management -related software.
Any other capital expenditures or
amortization expenses.
3) Capital Expenditures
Note: FCM's contribution to this expense
may not exceed 50% of FCM's total
contribution to the project.
• Rental of tools and equipment.
Rental of tools or equipment related
• Related operating expenditures such
to regular business activities.
4) Equipment Rental
as fuel and maintenance
expenditures.
5) In -Kind
N/A
Any goods and services received
through donation.
• Expenditures associated with
Any hospitality expenses such as:
accessing reference materials such
0 Food and drink
as standards, templates and toolkits.
• Alcohol
• Expenditures associated with
0 Door prizes
6) Training
attending training sessions,
0 Entertainment
(provided externally) or bringing
0 Music
training in-house.
0 Decorations
• Flowers, centerpieces
• Etc.
Fees for professional or technical
0 Expenditures associated with
consultants and contractors, incurred in
regular business activities not
7) Professional and/or
support of eligible activities.
related to the project.
Technical Services
0 Legal fees.
Daily rates actually paid by the Eligible
0 In-kind contribution of services.
Recipient to its Employees in Canada for
• Participant salaries.
time actually worked on the
0 Expenditures related to regular
implementation of the Project.
business activities.
• Overtime Pay
The daily rate per employee shall include
Bonuses / performance pay.
the following costs:
• Fringe benefits such as;
a) direct salaries: actual and
o sick days
justifiable sums paid by the Eligible
o pension plan
8) Staff Remuneration
Recipient to Employees in
o any other fringe benefits
accordance with the Eligible
not listed as eligible
Recipient's pay scales as regular
0 Costs related to ongoing or other
salary excluding overtime pay and
business activities and not
bonuses.
specifically required for the
project.
b) fringe benefit: in accordance with
• Staff wages while receiving
the Eligible Recipient's policies, as
training or attending learning
follows:
events.
i. time -off benefits (prorated to the
Professional membership fees or
annual percentage (%) of time
dues.
actually worked on the
MAMP 16260
(28 pages)
`MF:3
MAMP 16260
(28 pages)
`ME'1
implementation of the Project):
allowable number of days to be
paid by the Eligible Recipient for
the following payable absences:
statutory holidays, annual
vacation, and paid benefits:
actual sums paid by the Eligible
Recipient for paid benefits
(prorated to the annual
percentage (%) of time actually
worked on the implementation
of the Project): the Eligible
Recipient's contribution to
employment insurance and
workers' compensation plans
(where applicable), health and
medical insurance, group life
insurance, or other mandatory
government benefits;
Note: Labour costs must be documented
in a manner that meets audit standards
for verification of eligibility of cost and
level of effort.
9) Supplies and
Supplies and materials required to
Expenditures related to regular
materials
undertake the project.
business activities
The portion of Provincial/Harmonized
The portion of Provincial
Sales Tax and Goods and Services Tax
/Harmonized Sales Tax and Goods
for which your organization is not eligible
and Services Tax for which your
10) Taxes
for rebate.
organization is eligible for rebate,
and any other expenditures eligible
for rebates.
For individuals on travel status
(individuals travelling more than 16 km
from their assigned workplace - using the
most direct, safe and practical road.);
• Travel and associated expenses for
implementing partners, guest
11) Travel and
speakers and consultants to the
Accommodation
extent that the travel and
accommodation rates comply with
the Treasury Board of Canada
guidelines, and to the extent that
such travel is necessary to conduct
the initiative.
www :ugud.g :/II/tir u.iry-kalyd.-.
seciretairiat/seirvices/brave I-
MAMP 16260
(28 pages)
`ME'1
oveirnment-
.. .... .... ... .... . .. ... ... . .. g
.......................................................
Lal
• Where justified, participant travel
costs may be claimed with prior
written consent from FCM. Under no
circumstances will participant
honorariums be covered.
Note: Invoices, receipts and timesheets (where applicable), must be sufficiently detailed to enable
verification of expenditure eligibility and level of effort.
MAMP 16260
(28 pages)
M91
Schedule D
Contact Information
Notices and Requests
Any notice, demand, request or other communication to be given or made under this Agreement to FCM
or to the Recipient, other than a notice of default, shall be in writing and may be made or given by
personal delivery, by ordinary mail, by facsimile or by electronic mail. A notice of default shall be in
writing and delivered by registered mail. Notices shall be addressed as follows:
FCM
Federation of Canadian Municipalities
24 Clarence Street
Ottawa, Ontario
K1 N 5P3
Attention: Brett Phillips, Project Officer
Email: bphillips@fcm.ca
Recipient
City of Saint John
15 Market Square
Saint John, New Brunswick
E21-41-1
Attention: Samir Yammine, Manager of Asset/Energy Management
Email: samir.yammine@saintjohn.ca
MAMP 16260
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121
COUNCIL REPORT
M&C No.
2020-33
Report Date
January 22, 2020
Meeting Date
January 27, 2020
Service Area
Finance and
Administrative Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: Fundy Quay Seawall — Provincial Cost Sharing Request
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Commissioner/Dept. Head
City Manager
Jeffery Cyr
Kevin Fudge
John Collin
RECOMMENDATION
That Common Council direct the Mayor to sign the attached letter to the
Province of New Brunswick, requesting 50/50 cost sharing for the remaining
Municipal portion of infrastructure costs for the refurbishment and raising of the
Fundy Quay Seawall.
EXECUTIVE SUMMARY
The purpose of this report is to recommend a letter from Common Council to the
Province of New Brunswick requesting cost sharing for the Seawall.
PREVIOUS RESOLUTION
On July 18th, 2019, the Finance Committee resolved that the submitted
presentation on the Bi -Lateral Funding Application be received for information.
On December 211, 2019, Common Council approved an option and ground lease
agreement with Fundy Quay Development Inc., for the development of the
Fundy Quay.
STRATEGIC ALIGNMENT
The development of the Fundy Quay is aligned with Council's priorities of Fiscal
Responsibility, Growth and Prosperity, and Vibrant Safe City. It is also a strategic
Growth Concept identified in the City's Central Peninsula Neighborhood Plan.
`PA
-2 -
REPORT
In late 2018, the City of Saint John prepared two infrastructure funding proposals
which included cost sharing of the Seawall for Fundy Quay. This was undertaken
through both the Federal Disaster Mitigation and Adaptation Fund (DMAF) and
the Federal -Provincial Integrated Bi -Lateral Agreement (Bi -Lateral). Ultimately,
funding was only available through the DMAF program at that time, as no
Provincial matching funds were allocated to support the Bi -Lateral program. The
City then accepted the DMAF funding, which provides a 40% Federal
contribution to the costs of infrastructure construction, but does not include
provincial cost sharing.
Since the DMAF funding was accepted, the Province has committed funding to
the Bi -Lateral program, for which the City has submitted an application for the
remaining infrastructure required to allow for the Fundy Quay development to
move forward. As these two programs are not stackable, the Seawall could not
be included in the new Bi -Lateral application, which also leverages Provincial
cost sharing.
For this reason, we are recommending the City request that the Province agree
to cost share the remaining municipal share of the Seawall project on a 50/50
basis. This would include a capital contribution from the Province of $1,215,000
in both 2020 and 2021, for a total of $2,430,000. This will allow for the City to
more comfortably undertake the total infrastructure package required for the
development of the Fundy Quay and represents a more balanced approach to
cost sharing for the full package of infrastructure improvements for the Fundy
Quay. It is currently estimated that the fiscal returns generated for the Province
will be roughly 6 times greater than that received by the City of Saint John, while
infrastructure commitments would be roughly equal, should the Province cost
share the Seawall.
SERVICE AND FINANCIAL OUTCOMES
Should the Province decide to cost share the remaining portion of the Seawall
refurbishment and raising, the City of Saint John would realize a total capital
savings of $2.43M over 2020 and 2021. This will allow the City to more cost
effectively complete the necessary infrastructure improvements for Fundy Quay.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
The Finance Committee endorsed the resolutions at is meeting on January 22,
2020.
ATTACHMENTS
1. Draft Letter to the Province of New Brunswick
HOW
The Honourable Andrea Anderson -Mason, QC,
Minister, Regional Development Corporation
Chancery Place, 675 King Street
Fredericton NB E313 IE9
Dear Minister Anderson -Mason:
The City of Saint John's application for funding for site infrastructure improvements for the Fundy Quay,
submitted in June of 2019, through the Investing in Canada Infrastructure Program is an important
opportunity for both the City of Saint John and the Province of New Brunswick. The development of the
Fundy Quay represents the best and highest profile development opportunity in New Brunswick and will
energize the private sector through the development of an iconic and dynamic destination for people to
gather, live, learn, play, grow and celebrate. This proposal is critical in addressing the site infrastructure
challenges that have been a barrier to its development for the past 20 years, while also mitigating the
impacts of sea level rise in Uptown Saint John.
In late April of this year, Develop Saint John, acting on behalf of the City, unfolded a call for expressions
of interest for the development of the site. Following a thorough review process, the Elias Management
Group was selected as the successful private sector proponent to undertake the development of the
property. Negotiations on a deal for the property concluded with the signing of an option agreement and
ground lease between both parties in December of 2019.
Cost Sharing of Seawall Infrastructure
In late 2018, the City of Saint John prepared two infrastructure funding proposals which included cost
sharing of the Seawall for Fundy Quay. This was undertaken through both the Federal Disaster Mitigation
and Adaptation Fund (DMAF) and the Federal -Provincial Integrated Bi -Lateral Agreement (Bi -Lateral).
Ultimately, funding was only available through the DMAF program at that time, as no Provincial
matching funds were allocated to support the Bi -Lateral program. The City then accepted the DMAF
funding, which provides a 40% Federal contribution to the costs of infrastructure construction, but does
not include provincial cost sharing.
Since the DMAF funding was accepted, the Province has committed funding to the Bi -Lateral program,
for which the City has submitted an application for the remaining infrastructure required to allow for the
Fundy Quay development to move forward. As these two programs are not stackable, the Seawall could
not be included in the new Bi -Lateral application, which also leverages Provincial cost sharing.
MOZ111
For this reason, we are requesting that the Province cost share the remaining municipal share of the
Seawall project on a 50150 basis. This would include a capital contribution from the Province of
$1,215,000 in both 2020 and 2021, for a total of $2,430,000. This capital investment would cover the
Provincial contribution (30%) of the SKIM Seawall refurbishment, which will include:
• The engineering and design of the refurbished Seawall;
• The replacement of the existing steel sheet pile wall;
• Repair and refurbishment of the existing concrete cope -walls and concrete cribs;
• The raising of the Seawall by roughly 1.5m.
Provincial cost sharing of this infrastructure investment will allow for the City to more comfortably
undertake the total infrastructure package required for the development of the Fundy Quay and represents
a more balanced approach to cost sharing for the full package of infrastructure improvements for the
Fundy Quay. It is currently estimated that the fiscal returns generated for the Province will be roughly 6
times greater than that received by the City of Saint John, while infrastructure commitments would be
roughly equal, should the Province cost share the Seawall.
Fiscal Benefits for the Province
The Provincial benefits flowing from both the infrastructure work proposed by the City and of the private
sector development will be substantial. Based upon the infrastructure construction proposed as part of the
City's funding application and the private sector investment proposed by the Elias Management Group,
we anticipate the Province seeing a Return -on -Investment of nearly 18 -to -I over the next 25 years, based
upon an economic and fiscal impact study prepared by TCI Management Consultants. A high level
summary of the impacts are included below.
For the Provinces modest investment to cost share the City's Investing In Canada Infrastructure Program
application and the refurbishment of the Seawall, it is estimated that the Province could benefit:
Highlights of the Fundy Quay Economic Impacts
During Construction (One -Time Impacts)
2,043 Jobs in New Brunswick
S 170.8 M in GDP
$112.8 M in Labour Income
S.32.7 M in Provincial Tax Revenue
From Site Operations (Annual Impacts)
903 Jobs in New Brunswick
$67 M in GDP
$45.6 M in Labour Income
,51.3 M inAnnual ProvincialTax Revenue
Sincerely,
Don Darling
Mayor, City of Saint John
2
125
COUNCIL REPORT
M&C No.
2020-32
Report Date
January 22, 2020
Meeting Date
January 27, 2020
Service Area
Finance and
Administrative Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: 2020 General Fund Operating Budget
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Commissioner/Dept. Head
City Manager
Craig Lavigne
Kevin Fudge
John Collin
RECOMMENDATION
It is recommended that the Common Council endorse the following revised
resolutions for the 2020 General Fund Operating Budget
RESOLVED by the Common Council at its meeting on January 27, 2020;
1. That the sum of $166,708,424 be the total Operating Budget of the City
of Saint John for 2020;
2. That the sum of $125,842,974 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.
EXECUTIVE SUMMARY
Common Council approved the 2020 Operating Budget at its meeting on
December 16th, 2020. The budget brought forward included the full amount of
LNG property tax revenue, reduction in Unconditional Grant and increase in
assessment fees.
`NO
-2 -
The Province of New Brunswick repealed the "Act to Comply with the Request of
the City of Saint John on Taxation of the LNG Terminal" that capped the property
assessment for the Terminal at $18 million and fixed the property tax revenue at
$500,000 per year. As a condition for approval, the Province obliged the City to
bear all financial risks associated with potential future appeals. The LNG tax base
has not been appealed for 3 consecutive years.
To conform to Provincial legislation and their internal processes, the Province
has advised it requires a Council resolution for the Operating Budget that
reconciles to the tax base issued in November without the LNG assessment.
The overall operating budget will remain same at $166,708,424.
PREVIOUS RESOLUTION
M&C 2019 — 350 — 2020 General Fund Operating Budget
STRATEGIC ALIGNMENT
N/A
REPORT
Common Council approved the 2020 Operating Budget at its meeting on
December 16th, 2020. The budget brought forward included the full amount of
LNG property tax revenue, reduction in Unconditional Grant and increase in
assessment fees. The Province has communicated that resolutions from Council
for the operating budget have to be based on the actual assessment tax base
without the LNG tax base to conform to legislation and their internal processes.
Therefor the Province requires resolution of Council without LNG assessment.
Background:
The Province of New Brunswick repealed the "Act to Comply with the Request of
the City of Saint John on Taxation of the LNG Terminal" that capped the property
assessment for the Terminal at $18 million and fixed the property tax revenue at
$500,000 per year. As a condition for approval, the Province obliged the City to
bear all financial risks associated with potential future appeals.
The 2020 property assessment for the LNG Terminal is fixed at $18 million
dollars until the Province notifies the City in May that the LNG assessment of $98
million has not been appealed for the fiscal year 2020. Once confirmed the City
will record the additional property tax revenue and adjust for the reduction in
the unconditional grant. The deadline for appeal is April 11t, 2020. If there is an
appeal, the LNG assessment will remain at $18 million until the appeal process
-3 -
comes to a conclusion. The LNG assessment has not been appealed over the last
3 consecutive budgets.
Below is the summary of changes from previous approved budget and overall
budget is the same at $166,708,424. Staff will report back to the Finance
Committee once the deadline for appeal has passed and LNG property tax has
been confirmed, as well as overall impact on the operating budget.
Summary of Changes
Approved Budget Revised Budget
Property Tax $127,966,924 $125,842,974
Unconditional Grant $16,131,081 $17,204,756
Provincial Assistance $8,242,960 $9,269,777
Assessment Charge $1,391,163 $1,367,705
Tota I
SERVICE AND FINANCIAL OUTCOMES
N/A
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
Difference
-$2,123,950
$1,073,675
$1,026,817
$23,458
$0
The Finance Committee endorsed the resolutions at is meeting on January 22,
2020.
ATTACHMENTS
N/A
liW-13
THE CITY OF SAINT JOHN
NEW BRUNSWICK
A By-law respecting the
Regulation of Parking in The
City of Saint John
By-law Number LG - 8
An uncertified copy of this by-law
is available online
`P40.1
Arrete relatif a la
reglementation du
stationnement
dans The City of Saint John
Arrete numero LG - 8
Une copie non certifiee de 1'arrete
est disponible en ligne
-2 -
TABLE OF CONTENTS TABLE DES MATIERES
Section
Description
Page
Article
Designation
Page
Recitals
4
Pr&ambule
4
1
Title
5
1
Titre
5
2
Definitions
5
2
Definitions
5
3
Interpretation
8
3
Interpretation
8
4
Exemptions
9
4
Exemptions
9
5
Parking Zones
10
5
Zones de stationnement
10
6
Parking Spaces
10
6
Emplacements de stationnement
10
7
Parking of Vehicles
10
7
Stationnement de V&hicules
10
8
Parking Fees
11
8
Frais de stationnement
11
9
Methods of Payment
12
9
Modes de paiement
12
10
Good Working Order of
12
10
Bon &tat de marche des machines
12
Parking Machines
pour payer le stationnement
11
Out -of -Order Parking Machines
13
11
Machines pour payer le
13
stationnement hors service
12
Reserved Parking
13
12
Emplacement de stationnement
13
r&serv&
13
No Parking
14
13
Stationnement interdit
14
14
Extension of Initial Parking
14
14
Prolongement du temps de
14
Time
stationnement initial
15
Collection of Coins
15
15
Recouvrement des pieces
15
16
Authority of the Chief of Police
15
16
Autorit& du chef de police
15
17
Offences
15
17
Infractions
15
18
Administrative Penalties
15
18
P&nalit&s administratives
15
`[till
19 Repeal
Schedule "A" — Parking Zones
— Streets
Schedule `B" — Parking Zones
— Parking Lots
-3-
16 19 Abrogation
18
21
131
Annexe « A » — Zones de
stationnement — Rues
Annexe « B » — Zones de
stationnement — Terrains de
stationnement
16
18
21
RECITALS
WHEREAS, the public holds a right to stand or
park their vehicles on public streets in The City of
Saint John;
AND WHEREAS, The City of Saint John deems
it advisable to pass this by-law because it will
establish standards to regulate, control and collect
fees for the use of parking spaces within parking
zones in The City of Saint John;
AND WHEREAS, paragraph 10(1)(o) of the
Local Governance Act, S.N.B. 2017, c. 18,
authorizes a local government to make by-laws
respecting the use of motor vehicles or other
vehicles on or off roads, streets and highways, and
the regulation of traffic, parking and pedestrians;
AND WHEREAS, paragraph 113(1)(a) of the
Motor Vehicle Act, R.S.N.B. 1973, c. M-17,
authorizes a local authority to make by-laws
regulating the standing or parking of vehicles;
AND WHEREAS, subsection 116(1) of the
Motor Vehicle Act authorizes a local authority to
cause traffic control devices to be placed and
maintained near or on highways for the purpose of
carrying out the provisions of local by-laws;
AND WHEREAS, section 147 of the Local
Governance Act, states that a local government
may, by by-law, provide that a person who
violates or fails to comply with any provision of a
by-law commits an offence;
PREAMBULE
ATTENDU QUE, le public a le droit de
stationner leurs v&hicules sur les rues publiques de
The City of Saint John; et
ATTENDU QUE, The City of Saint John juge
opportun de prendre le present arret6 destine a
r6glementer, contr6ler et percevoir des frais pour
1'utilisation des emplacements de stationnement a
1'int6rieur des zones de stationnement dans The
City Saint John; et
ATTENDU QUE, l' alin6a 10(1)o) de la Loi sur la
gouvernance locale, L.N.-B. 2017, ch. 18, autorise
un gouvernement local a prendre des arret6s
concernant 1'utilisation de vehicules a moteur ou
autres vehicules sur les chemins, les rues et les
routes, ou hors de ceux-ci, et la r6glementation de
la circulation, du stationnement et des pitons; et
ATTENDU QUE, 1'alin6a 113(1)a) de la Loi sur
les vehicules a moteur, L.R.N.-B. 1973, ch. M-17,
autorise une collectivit6 locale a prendre des
arret6s concernant 1'immobilisation ou le
stationnement des vehicules; et
ATTENDU QUE, le paragraphe 116(1) de la Loi
sur les vehicules a moteur autorise une collectivite
locale a faire placer et entretenir sur les routes ou
pres de celles-ci des dispositifs de r6gulation de la
circulation pour la mise en application des
dispositions des arret6s locaux; et
ATTENDU QUE, Particle 147 de la Loi sur la
gouvernance locale, pr6voit que, par voie d' arr&6,
un gouvernement local peut pr&voir que commet
une infraction quiconque contrevient ou omet de
se conformer a quelque disposition que cc soit
d'un arr&6; et
AND WHEREAS, subsection 156(1) of the Local ATTENDU QUE, le paragraphe 156(1) de la Loi
Governance Act, states that a local government sur la gouvernance locale, pr6voit qu'un
19%
-5 -
may require administrative penalties to be paid in
respect of a contravention of a provision of a by-
law of the local government;
AND WHEREAS, notice of this by-law, and of
the Common Council meeting at which this By-
law was discussed, was provided in accordance
with the provisions of the Local Governance Act.
gouvernement local peut exiger le paiement de
penalites administratives relativement a toute
contravention a une disposition d'un arrete du
gouvernement local; et
ATTENDU QUE, avis du present arrete et de la
reunion du conseil communal a laquelle it a ete
debattu a ete donne conformement a la Loi sur la
gouvernance locale.
NOW THEREFORE, the Common Council of A CES CAUSES, le conseil communal de The
The City of Saint John, enacts as follows: City of Saint John edicte :
Title
1 This By-law may be cited as the Saint John
Parking By -Law (hereinafter the `By-law").
Definitions
2(1) The words defined in section 1 of the
Motor Vehicle Act, when used in this By-law,
shall have the same meaning as the said Act.
Titre
1 Le present arrete peut etre cite sous le titre
Arrete concernant le stationnement a Saint John
(ci-apres « 1' arrete » ).
Definitions
2(1) Les termes definis a Particle 1 de la Loi sur
les vehicules a moteur ont le seas qui leur est
donne dans cette loi.
2(2) The following definitions apply in this By- 2(2) Les definitions qui suivent s'appliquent au
law: present arrete :
"by-law enforcement officer" means a by-law
enforcement officer appointed pursuant to
section 72 of the Local Governance Act, and
designated by resolution by Common Council
(agent charge de Vexecution des arretes);
"Chief of Police" means the Chief of Police of the
SJPF and includes his designate and successor
(chef de police);
agent charge de 1'execution des arretes »
designe un agent charge de 1'execution des arretes
nomme conformement a Particle 72 de la Loi sur
la gouvernance locale, et designe par resolution
par le conseil communal (by-law enforcement
officer);
chef de police » designe le chef de police du
SPSJ et inclut son representant et successeur
(Chief of Police);
"City" means The City of Saint John « municipalite » designe The City of Saint John
(municipalite); (City);
"Common Council" means the elected municipal
council of the City (conseil communal);
`Bic]
conseil communal » designe les membres elus
du conseil municipal de la municipalite (Common
"County Sheriff' means the sheriff or his
designate or any employee from the Sheriff
Services for the County of Saint John (Sherif du
Comte);
"curb" means and includes any lateral limit of the
portion of a street, used and intended to be used
for vehicles, whether marked by curbing or not
(bordure);
"Director of Operations" means the Director of
Operations of the Parking Commission and
includes his designate and successor (directeur
des operations);
"park" means the standing of a vehicle, whether
occupied or not, in a parking space within a
parking zone in the City (stationner);
"Parking Commission" means the Saint John
Parking Commission (Commission sur le
stationnement);
"parking lot" means a lot, garage or facility
approved by the Parking Commission for the
purpose of parking vehicles (terrain de
stationnement);
"parking machine" means and includes a parking
meter, pay and display machine or pay by plate
machine (machine pour payer le stationnement);
"parking meter" means a machine placed or
installed to collect a fee for the use of a parking
space for a limited amount of time (parcometre);
"parking space" means a space designated to
park a vehicle within a parking zone in the City
(emplacement de stationnement);
Council);
sherif du comte » designe le sherif ou son
representant ou un employe du Service des sherifs
pour le comte de Saint John (County Sheriff);
bordure » designe et comprend toute limite
laterale d'un tron�on de rue, destinee a 1'utilisation
par les vehicules ou utilisee par eux, nonobstant
que la bordure soit indiquee ou non (curb);
directeur des operations » designe le directeur
des operations de la Commission sur le
stationnement et inclut son representant et
successeur (Director of Operations);
stationner » designe 1'immobilisation d'un
vehicule, qu'il soit occupe ou non, dans un espace
de stationnement dans une zone de stationnement
dans la municipalite (park);
Commission sur le stationnement » designe la
Commission sur le stationnement de Saint John
(Parking Commission);
terrain de stationnement » designe un terrain,
garage ou infrastructure approuves par la
Commission sur le stationnement pour y stationner
des vehicules (parking lot);
o machine pour payer le stationnement »
designe et comprend un parcometre, un horodateur
ou les homes de stationnement pour paiement par
plaque (parking machine);
parcometre » designe une machine placee ou
installee pour percevoir des frais pour 1'utilisation
d'un emplacement de stationnement pendant une
periode limitee (parking meter);
emplacement de stationnement » designe un
emplacement destine au stationnement de
vehicules dans une zone de stationnement dans la
-7 -
"parking zone" means a street or parking lot
where a parking machine is placed or installed to
collect a fee for the use of a parking space for a
limited amount of time (zone de stationnement);
"pay and display machine" means a machine
(a) that is placed or installed at or near
a parking zone to collect a fee for the use
of a parking space for a limited amount of
time, and
(b) that upon payment of the fee,
issues a pay and display receipt
(horodateur);
"pay and display receipt" means a receipt issued
by a pay and display machine which indicates the
amount of time a parking space can be used and
the time said use expires (billet d'horodateur);
"pay by plate machine" means a machine
(a) that is placed or installed at or near
a parking zone to collect a fee for the use
of a parking space for a limited amount of
time, and
(b) that, by allowing a person to enter a
vehicle's license plate information and
upon payment of the fee, indicates the
amount of time a parking space can be used
and the time said use expires (borne de
stationnement pour paiement par plaque);
municipalite (parking space);
zone de stationnement » designe une rue ou un
terrain de stationnement ou une machine pour
payer le stationnement est placee ou installee pour
percevoir des frais pour l'utilisation d'un
emplacement de stationnement pendant une
periode limitee (parking zone);
horodateur » designe une machine :
a) qui est placee ou installee sur une
zone de stationnement ou a proximite aux
fins de percevoir des frais pour l'utilisation
d'un emplacement de stationnement
pendant une periode limitee, et
b) qui, sur paiement des frais, delivre
un billet d' horodateur (pay and display
machine);
billet d'horodateur » designe un billet delivre
par un horodateur indiquant la periode pendant
laquelle un emplacement de stationnement peut
etre utilise et a quel moment cette autorisation
expire (pay and display receipt);
borne de stationnement pour paiement par
plaque » designe une machine:
a) qui est placee ou installee sur une zone
de stationnement ou a proximite aux
fins de percevoir des frais pour
l'utilisation d'un emplacement de
stationnement pendant une periode
limitee, et
b) qui, en permettant a une personae
d'entrer l'information associee a la
plaque d'immatriculation d'un vehicule
et sur paiement des frais, indique la
periode pendant laquelle un
emplacement de stationnement peut
"person" includes a corporation, partnership,
society and any other person having ownership,
possession, charge or control of a vehicle
(personne);
"reserved parking permit" means a reserved
parking permit issued by the Parking Commission
(permis de stationnement reserve);
etre utilise et a quel moment cette
autorisation expire (pay by plate
machine);
personne » designe une corporation, une societe
en nom collectif, une societe et toute autre
personne ayant la propriW, la possession, la
charge ou le controle d'un v&hicule (person);
permis de stationnement reserve » designe un
permis de stationnement reserve d&livr& par la
Commission sur le stationnement (reserved
parking permit);
"SJPF" means the Saint John Police Force « SPSJ » designe le Service de police de Saint
(SPSA John (SJPT);
"street" means and includes any public street,
road, lane, alley, square, way, place, viaduct, City
owned or controlled lot of land, or other means of
road communication used by the public, including
North and South Market streets, whether accepted
by the City or not, but does not mean nor include a
provincial highway as defined in the Motor
Vehicle Act (rue).
Interpretation
3 Rules for interpretation of the language
used in this By-law are contained in the lettered
paragraphs as follows:
(a) The captions, article and section
names and numbers appearing in this By-
law are for convenience of reference only
and have no effect on its interpretation.
(b) This By-law is to be read with all
changes of gender or number required by
the context.
(c) Each reference to legislation in this
191.1
rue » designe et comprend toute rue publique
ainsi que tout chemin, all&e, carr&, place, voie,
viaduc, tout terrain appartenant a la municipalit&
ou sous son controle, ou tout autre moyen de
communication routi&re utilis&e par le public, y
compris les rues North Market et South Market,
qu'elle soit accept&e ou non par la municipalit&,
mais ne designe pas et n'inclut pas une route
provinciale, telle qu'elle est define dans la Loi sur
les vehicules a moteur (street).
Interpretation
3 Les r&gles d'interpretation suivantes
s' appliquent au present arrete :
a) Les titres, intertitres et num&ros des
dispositions ne servent qu'a faciliter la
consultation de 1' arrete et ne doivent pas
servir a son interpretation.
b) Le genre ou le hombre
grammaticaux doivent etre adapt&s au
contexte.
C) Les renvois 16gislatifs paraissent en
By-law is printed in Italic font. The
reference is intended to include all
applicable amendments to the legislation,
including successor legislation. Where this
By-law references other by-laws of the
City, the term is intended to include all
applicable amendments to those by-laws,
including successor by-laws.
(d) The requirements of this By-law
are in addition to any requirements
contained in any other applicable by-laws
of the City or applicable provincial or
federal statutes or regulations.
(e) If any section, subsection, part or
parts or provision of this By-law, is for any
reason declared by a court or tribunal of
competent jurisdiction to be invalid, the
ruling shall not affect the validity of the
By-law as a whole, nor any other part of it.
(f) The Schedules attached to this By-
law are included in and shall be considered
part of this By-law.
Exemptions
4 The following vehicles are exempt from
the requirement to pay a fee for the use of a
parking space:
(a) vehicles that are owned or used by
the City and are on official City business;
(b) vehicles that are owned by the
Government of Canada and are being used
on official business by personnel of the
Armed Forces;
(c) vehicles carrying Her Majesty's
mail;
`RYA
italique. Le renvoi a une loi vise egalement
les modifications qui s'y appliquent, y
compris toute legislation de remplacement.
Les renvois a d'autres arretes de la
municipalite visent egalement les
modifications qui s'y appliquent, y compris
tout arrete de remplacement.
d) Les obligations qu'il cree s'ajoutent
a celles decoulant d'autres arretes
applicables de la municipalite ou des lois
ou reglements federaux ou provinciaux
applicables.
e) Si une disposition quelconque est
declaree invalide par un tribunal competent
pour quelque motif que cc soit, la decision
n'entache en rien la validite de 1'arrete dans
son ensemble ni de toute autre disposition.
f) Les annexes jointes au present
arrete soot incluses et doivent etre
considerees comme faisant partie du
present arrete.
Exemptions
4 Les vehicules suivants soot exemptes du
paiement des frais prescrits pour 1'utilisation d'un
emplacement de stationnement :
a) les vehicules appartenant a la
municipalite ou utilises par elle et affectes
aux fonctions officielles de la municipalite;
b) les vehicules appartenant au
gouvernement du Canada utilises Tors de
fonctions officielles par le personnel des
Forces armees;
C) les vehicules qui transportent le
courrier de Sa Majeste;
-10-
(d) authorized emergency vehicles
where the driver is engaged in the
performance of their duties;
(e) vehicles that are owned by the
Parking Commission and are being used to
administer this By-law; and
(f) a vehicle that bears a commercial
license plate if the driver is actively
engaged in loading or unloading
merchandise and the vehicle is not
occupying the parking space for more than
fifteen (15) minutes.
Parking Zones
d) les vehicules de secours autorises
lorsque le conducteur est dans 1'exercice de
ses fonctions;
e) les vehicules appartenant a la
Commission sur le stationnement et qui
sont utilises dans le but d'appliquer le
present arrete; et
f) un vehicule portant une plaque
d'immatriculation pour vehicule utilitaire si
le conducteur du vehicule est effectivement
occupe au chargement et au dechargement
et s'il n'occupe pas 1'emplacement de
stationnement pendant plus de quinze
(15) minutes.
Zones de stationnement
5(1) The streets listed in Schedule "A" are 5(1) Les rues mentionnees a 1'annexe « A » sont
hereby designated as parking zones. designees zones de stationnement.
5(2) The parking lots listed in Schedule "B" are
hereby designated as parking zones.
Parking Spaces
6(1) In every parking zone there shall be
parking spaces having a length of not more than
six point five (6.5) metres.
6(2) Parking spaces may be designated by lines
marked on the curb or on the surface of the street
or parking lot.
Parking of Vehicles
7(1) Subject to subsection 7(2), Section 7
applies Monday to Friday, inclusive, between the
hours of 08:00 and 18:00.
5(2) Les terrains de stationnement mentionnes a
1'annexe « B » sont designes zones de
stationnement.
Emplacements de stationnement
6(1) Chaque zone de stationnement comprend
des emplacements de stationnement d'une
longueur maximale de six virgule cinq (6,5)
metres.
6(2) Les emplacements de stationnement
peuvent etre delimites au moyen de ligases tracees
sur la bordure ou le revetement de la chaussee ou
du terrain de stationnement.
Stationnement de Vehicules
7(1) Sous reserve du paragraphe 7(2), Particle 7
s' applique de 8 h a 18 h, du lundi au vendredi,
inclusivement.
-11-
7(2) Section 7 applies Monday to Friday,
inclusive, between the hours of 07:00 and 18:00,
to the following locations:
(a) southeast side of Coburg Street
between Cliff Street and Bayard Drive;
(b) southeast side of Bayard Drive
between Coburg Street and Castle Street;
and
(c) the two St. Joseph's Hospital
parking lots described in Schedule "B".
7(3) No person shall park a vehicle in a parking
space located within a parking zone listed in
Schedule "A" or "B" unless the fee that is shown
on the parking machine for the use of the parking
space has been paid and the time has not expired.
7(4) No person shall park a vehicle in a parking
space located within a parking zone listed in
Schedule "A" or "B" unless a pay and display
receipt is displayed on its dashboard in a manner
that it can be read through the windshield and the
time indicated thereon has not expired.
7(5) The presence of the words "violation" or
"expired', or the numerals "00:00", on the
observation window of a parking meter, indicate
that either the fee for the use of the parking space
has not been paid or the time has expired.
Parking Fees
7(2) L'article 7 s'applique de 7 h a 18 h, du
lundi au vendredi, inclusivement, dans les endroits
ci-dessous :
a) du cote sud-est de la rue Coburg
entre la rue Cliff et la promenade Bayard;
b) du cote sud-est de la promenade
Bayard entre la rue Coburg et la rue Castle;
et
C) dans les deux terrains de
stationnement de 1'h6pital St. Joseph
d&crits a 1' annexe « B ».
7(3) 11 est interdit de stationner un vehicule dans
un emplacement de stationnement situ& dans une
zone de stationnement mentionnee a
1'annexe « A » ou a 1'annexe « B » a moires que
les frais indiqu&s sur la machine pour payer le
stationnement pour 1'utilisation de 1'emplacement
de stationnement aient W acquittes et que le
temps de stationnement permis ne soit pas ecoule.
7(4) 11 est interdit de stationner un vehicule dans
un emplacement de stationnement situ& dans une
zone de stationnement mentionnee a
1'annexe « A » ou a 1'annexe « B », a moires qu'un
billet d'horodateur ne soit affich& sur le tableau de
bord d'une maniere qui permet sa lecture a travers
le pare -brise et que le temps de stationnement
indiqu& sur le billet d'horodateur ne soit pas
ecoule.
7(5) Les mots « violation », ou « expired », ou
les chiffres « 00:00 » sur la fenetre d'observation
d'un parcom&tre, indiquent que les frais imposes
pour 1'utilisation de 1'emplacement de
stationnement n'ont pas W acquittes ou que le
temps de stationnement permis est ecoule.
Frais de Stationnement
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8(1) The fee for the use of a parking space
located on a street listed in Schedule "A" shall be
two dollars ($2.00) per hour.
8(2) The fee for the use of a parking space
located on a parking lot listed in Schedule "B"
shall be one dollar and seventy-five cents ($1.75)
per hour.
Methods of Payment
9(1) A parking machine shall display both the
fee that must be paid for the use of a parking
space and the manner in which payment may be
made.
9(2) The payment of the fee that is required for
the use of a parking space may, subject to the
instructions stated on a parking machine, be made
by using:
(a) Canadian nickels, dimes, quarters,
loonies or Loonies;
(b) parking tokens or pre -payment
cards issued by the Parking Commission;
or
(c) credit cards issued by American
Express, Master Card or Visa.
Good Working Order of Parking Machines
10(1) A by-law enforcement officer shall, before
issuing a penalty notice for a violation of a
provision of this By-law, satisfy himself that the
parking meter or pay and display machine is in
good working order by testing it in accordance
with the methods of payment shown on said
8(1) Les frais de stationnement pour 1'utilisation
d'un emplacement de stationnement situ& sur une
rue mentionn&e a 1'annexe « A » sont de deux
(2 $)1'heure.
8(2) Les frais de stationnement pour 1'utilisation
d'un emplacement de stationnement situ& dans un
terrain de stationnement mentionn& a
1'annexe « B » sont d'un dollar soixante-quinze
cents (1,75 $)1'heure.
Modes de paiement
9(1) Une machine pour payer le stationnement
indique les frais qui doivent etre acquitt&s pour
1'utilisation d'un emplacement de stationnement et
le mode de paiement accept&.
9(2) Sous r&serve des instructions retrouv&es sur
la machine pour payer le stationnement, le
paiement des frais prescrits pour 1'utilisation d'un
emplacement de stationnement peut etre fait au
moyen de :
a) pieces de cinq cents, de dix cents,
de vingt-cinq cents, d'un dollar ou de deux
dollars canadiens;
b) jetons de stationnement ou de
cartes pr&pay&es d&livr&es par la
Commission sur le stationnement; ou
C) cartes de cr&dit d&livr&es par
American Express, Master Card ou Visa.
Bon &tat de marche des machines pour payer le
stationnement
10(1) Avant d'&mettre un avis de p&nalit&
concernant une violation d'une disposition du
pr&sent arret&, 1'agent d'ex&cution des arret&s
s'assure que le parcom&tre ou 1'horodateur est en
bon &tat de marche apr&s en avoir v&riff& le
fonctionnement en utilisant les modes de paiement
-13 -
machine.
10(2) A by-law enforcement officer shall, before
issuing a penalty notice for a violation of a
provision of this By-law, satisfy himself that the
pay by plate machine is in good working order by
testing it in accordance with the methods of
payment shown on said machine or by using a test
card.
Out -of -Order Parking Machines
11 No person shall park a vehicle for more
than one (1) hour in a parking space located
within a parking zone listed in Schedule "A" if the
parking meter is out -of -order but not marked by a
sign indicating "No Parking".
Reserved Parking
12(1) Subject to subsection 12(2), a person may
apply to the Parking Commission to have a
parking space temporarily marked as "Reserved
Parking". The daily fee shall be sixteen dollars
($16.00) including applicable taxes.
12(2) The Parking Commission shall cause a
parking space to be marked with a sign indicating
"Reserved Parking" and shall issue a reserved
parking permit if the application is received under
subsection 12(1) and the parking space is to be
used by a person who:
(a) will be a juror or potential juror at a
court trial;
(b) will be carrying out construction
work or service utility work along or
adjacent to the street on which the parking
indiqu&s sur ladite machine.
10(2) Avant d'&mettre un avis de p&nalit&
concernant une violation d'une disposition du
present arrW, 1'agent d'ex&cution des arrWs
s'assure que la borne de stationnement pour
paiement par plaque est en bon &tat de marche en
utilisant les modes de paiement indiqu&s sur ladite
machine ou en utilisant une carte test.
Machines pour payer le stationnement hors
service
11 11 est interdit de stationner un v&hicule
pendant plus d'une (1) heure dans un
emplacement de stationnement situ& dans une
zone de stationnement mentionn&e a
1'annexe « A » lorsque le parcom&tre est hors
service et qu' aucune enseigne indiquant
stationnement interdit» n'a &t& plac&e.
Emplacement de stationnement r6serv6
12(1) Sous r&serve du paragraphe 12(2), toute
personae peut demander a la Commission sur le
stationnement qu'un emplacement de
stationnement soit temporairement marqu&
stationnement reserve ». Les frais quotidiens
soot de seize (16 $), taxes applicables incluses.
12(2) La Commission sur le stationnement place
ou fait placer un panneau indiquant les mots
stationnement reserve » sur un emplacement de
stationnement et d&livre un permis de
stationnement r&sery&, si une demande a W faite
en vertu du paragraphe 12(1) et 1'emplacement de
stationnement sera utilis& par une personae qui :
a) sera membre d'un jury ou membre
potentiel d'un jury a un proc&s levant une
cour;
b) effectuera des travaux de
construction ou des travaux de services
publics le long ou pr&s de la rue sur
-14 -
space is located; or
(c) is temporarily in the City to attend
a wedding or funeral.
12(3) A parking space shall not be marked as
"Reserved Parking" for more than fifteen (15)
consecutive days.
12(4) No person shall park a vehicle in a parking
space located within a parking zone listed in
Schedule "A" or "B" that is marked as "Reserved
Parking" unless either a reserved parking permit
that has not expired or a sign indicating jury duty
issued by the County Sheriff is displayed on its
dashboard in a manner that it can be read through
the windshield.
12(5) A reserved parking permit issued under
this section does not relieve a person who uses it
from complying with the provisions of the Saint
John Traffic By -Law.
No Parking
13(1) The Parking Commission shall mark with a
sign indicating "No Parking" any parking machine
that it finds to be temporarily incapable of
receiving payment of the fee.
13(2) No person shall park a vehicle in a parking
space located within a parking zone listed in
Schedule "A" or "B" that is marked by a sign
indicating "No Parking".
Extension of Initial Parking Time
M11%
laquelle se trouve 1'emplacement de
stationnement; ou
C) est temporairement dans la
municipalit& dans le but d'assister a un
manage ou a des fun&railles.
12(3) Un emplacement de stationnement ne peut
etre marque « stationnement reserve » pour plus
de quinze (15) jours cons&cutifs.
12(4) 11 est interdit de stationner un v&hicule dans
un emplacement de stationnement situ& dans une
zone de stationnement mentionn&e a
1'annexe « A » ou a 1'annexe « B » marqu&
stationnement reserve » a moires que ne soit
affich& sur le tableau de bord, d'une maniere qui
permet sa lecture a travers le pare -brise, un permis
de stationnement r&sere& qui n'est pas expire ou
une enseigne d&livr&e par le sh&rif du comt&
indiquant que le conducteur est membre d'un jury.
12(5) Le titulaire d'un permis de stationnement
r&sere& d&livr& en vertu du pr&sent article est tenu
de se conformer aux dispositions de 1'Arre1e
concernant la circulation a Saint John.
Stationnement interdit
13(1) La Commission sur le stationnement place
un enseigne indiquant « stationnement interdit >>
sur toute machine pour payer le stationnement
temporairement incapable de recevoir le paiement
des frais prescrits.
13(2) 11 est interdit de stationner un v&hicule dans
un emplacement de stationnement situ& dans une
zone de stationnement mentionn&e a
1'annexe « A » ou a 1'annexe « B » marque d'une
enseigne indiquant « stationnement interdit ».
Prolongement du temps de stationnement
initial
-15-
14(1) Each year, between December 2nd and
December 24d', inclusive, a person may obtain one
courtesy voucher for a twelve (12) minute
extension upon the expiration of the initial parking
time.
14(2) Each year, between June 24d' and the first
Monday of September, inclusive, a vehicle
bearing a licence plate from a Province other than
New Brunswick, may obtain one courtesy voucher
for a thirty (30) minute extension upon the
expiration of the intitial parking time.
Collection of Coins
15 The Director of Operations shall cause to
be made regular collection of the coins deposited
in parking machines and such coins shall be paid
over to the City.
Authority of the Chief of Police
16 The Chief of Police may, with respect to an
emergency or a parade, or if it is necessary in
order to regulate traffic, temporarily discontinue
the use of a parking space by marking it or having
it marked with a sign that indicates "No Parking".
Offences
17 A person who violates a provision of this
By-law is guilty of an offence and is liable upon
summary conviction to a penalty of not less than
seventy-five dollars ($75.00) and not more than
one hundred and twenty-five dollars ($125.00).
Administrative Penalties
`[SCI
14(1) Chaque annee, entre le 2 decembre et le
24 decembre, inclusivement, un interesse pourra
obtenir un bon gratuit de prolongement de douze
(12) minutes du temps de stationnement a
1'expiration de la periode initiale de
stationnement.
14(2) Chaque annee, entre le 24 juin et le premier
lundi de septembre, inclusivement, un vehicule
immatricule d'une province autre que le Nouveau -
Brunswick pourra obtenir un bon gratuit de
prolongement de trente (30) minutes du temps de
stationnement a 1' expiration de la periode initiale
de stationnement.
Recouvrement des pieces
15 Le directeur des operations fait
regulierement le recouvrement des pieces
deposees dans les machines pour payer le
stationnement et ces pieces soot remises a la
municipalite.
Autorite du chef de police
16 Le chef de police peut, dans une situation
d'urgence ou a 1'occasion d'un defile, ou encore,
si cela s' avere necessaire afin de regler la
circulation, interdire temporairement le
stationnement dans un emplacement de
stationnement en y pla�ant ou en y faisant placer
un panneau portant les mots « stationnement
interdit ».
Infractions
17 Toute personae qui contrevient a une des
dispositions du present arrete est coupable d'une
infraction et est passible sur condamnation
sommaire d'une penalite minimale de soixante-
quinze dollars (75 $) et d'un montant maximal de
cent vingt-cinq dollars (125 $).
Penalites administratives
-16-
18(1) The City may require an administrative
penalty to be paid with respect to a violation of a
provision of this By-law as set out in
subsection 18(2).
18(2) (a) A person who violates any provision
of this By-law may pay to the City within
fifteen calendar days from the date of such
violation an administrative penalty of
twenty dollars ($20.00), and upon such
payment, the person who committed the
violation is not liable to be prosecuted
therefor.
(b) A person who violates any provision
of this By-law may pay to the City an
administrative penalty of twenty-five
dollars ($25.00) if payment is made more
than fifteen calendar days after the date of
the violation but within thirty calendar days
of such violation, and upon such payment,
the person who committed the violation is
not liable to be prosecuted therefor.
(c) A person who violates any provision
of this By-law may pay to the City an
administrative penalty of fifty dollars
($50.00) if payment is made more than
thirty calendar days after the date of such
violation but before conviction in the
Provincial Court of New Brunswick, and
upon such payment, the person who
committed the violation is not liable to be
prosecuted therefor.
Repeal
19 A By-law of The City of Saint John
enacted on the 15I' day of March 2004 entitled
"By-law Number M-7, A By-law with Respect to
Parking Zones and the Use of Parking Meters and
Pay and Display Machines" and all amendments
thereto are repealed.
`[EI!
18(1) La municipalite peut exiger qu'une penalite
administrative soit payee relativement a une
infraction a une disposition de cet arrete, comme
prevu au paragraphe 18(2).
18(2) a) Toute personae qui contrevient a une
disposition du present arrete peut payer a la
municipalite dans un delai de quinze jours
civils a compter de la date de ladite
infraction, une penalite administrative de
vingt dollars (20 $), et une fois 1' amende
payee, la personne n'est plus susceptible de
poursuites judiciaires.
b) Toute personae qui contrevient a une
disposition du present arrete peut payer a la
municipalite une penalite administrative de
vingt-cinq dollars (25 $) si 1' amende est
acquittee plus de quinze jours civils apres
la date de 1'infraction, mais dans les trente
jours civils de ladite infraction, et une fois
1' amende payee, la personne n'est plus
susceptible de poursuites judiciaires.
c) Toute personae qui contrevient a une
disposition du present arrete peut payer a la
municipalite une penalite administrative de
cinquante dollars (50 $) si 1'amende est
acquittee plus de trente jours civils de la
date de 1'infraction, mais avant une
declaration de culpabilite a la Cour
provinciale du Nouveau -Brunswick, et une
fois 1'amende payee, la personne n'est plus
susceptible de poursuites judiciaires.
Abrogation
19 L'arrete de The City of Saint John edicte le
15e jour de mars 2004 intitule « Arrete N° M-7,
Arrete concernant les zones de stationnement et
l'utilisation des parcometres et des horodateurs »,
ensemble ses modifications, soot abroges.
-17 -
IN WITNESS WHEREOF the City of Saint John
has caused the Corporate Common Seal of the
said City to be affixed to this By-law the day
of , A.D. 2020 and signed by:
EN FOI DE QUOI, The City of Saint John a fait
apposer son sceau municipal sur le present arrete
le 2020, avec les signatures
suivantes :
Mayor/Maire
Common Clerk/Greffier communal
First Reading - January 13, 2020 Premiere lecture
Second Reading - January 13, 2020 Deuxieme lecture
Third Reading - Troisieme lecture
- le 13 j anvier 2020
- le 13 j anvier 2020
SCHEDULE A
ANNEXE A
PARKING ZONES
ZONES DE STATIONNEMENT
Street
Side
Limits
Rue
Cote
Limites
Bayard Drive
Southeast
Coburg Street to
promenade
sud-est
de la rue Coburg
Castle Street
Bayard
a la rue Castle
Canterbury
Both
King Street to
rue Canterbury
les deux
de la rue King a
Street
Princess Street
la rue Princess
Canterbury
East
Princess Street
rue Canterbury
est
de la rue
Street
to Duke Street
Princess a la rue
Duke
Carleton Street
Both
Coburg Street to
rue Carleton
les deux
de la rue Coburg
Hazen Avenue
a 1'avenue
Hazen
Charlotte Street
Both
King Square
rue Charlotte
les deux
Du carr& King
South to Duke
Sud a la rue
Duke
Charlotte Street
East
Union Street to
rue Charlotte
est
de la rue Union
King Square
au carr& King
North
Nord
Charlotte Street
West
Duke Street to
rue Charlotte
ouest
de la rue Duke a
Queen Street
la rue Queen
Chipman Hill
West
Union Street to
cote Chipman
ouest
de la rue Union
King Street
a la rue King
Coburg Street
Both
Carleton Street
rue Coburg
les deux
de la rue
to Union Street
Carleton a la rue
Union
Coburg Street
Southeast
Cliff Street to
rue Coburg
sud-est
rue Cliff a la
Bayard Drive
promenade
Bayard
Dorchester
West
Union Street to
rue Dorchester
ouest
de la rue Union
Street
Carleton Street
a la rue Carleton
Duke Street
Both
Water Street to
rue Duke
les deux
de la rue Water
Prince William
a la rue Prince
M11.1
-19 -
`IN
Street
William
Duke Street
North
Prince William
rue Duke
nord
de la rue Prince
Street to
William a la rue
Canterbury
Canterbury
Street
Germain Street
Both
Union Street to
rue Germain
les deux
de la rue Union
Princess Street
a la rue Princess
King Square
South
Sydney Street to
carr& King nord
sud
de la rue Sydney
North
Charlotte Street
a la rue
Charlotte
King Square
Both
Charlotte Street
carr& King sud
les deux
de la rue
South
to Sydney Street
Charlotte a la
rue Sydney
King Street
Both
Charlotte Street
rue King
les deux
de la rue
to Prince
Charlotte a la
William Street
rue Prince
William
King Street East
Both
Carmarthen
rue King est
les deux
de la rue
Street to Sydney
Carmarthen a la
Street
rue Sydney
Main Street
North
Douglas Avenue
rue Main
nord
de Pavenue
to Adelaide
Douglas a la rue
Street
Adelaide
Peel Plaza
Both
Union Street to
place Peel
les deux
de la rue Union
Carleton Street
a la rue Carleton
Prince Edward
North
Union Street to
rue Prince
nord
de la rue Union
Street
Richmond Street
Edward
a la rue
Richmond
Prince William
Both
King Street to
rue Prince
les deux
de la rue King a
Street
Queen Street
William
la rue Queen
Princess Street
Both
Charlotte Street
rue Princess
les deux
de la rue
to Germain
Charlotte a la
Street
rue Germain
Princess Street
North
Germain Street
rue Princess
nord
de la rue
to Prince
Germain a la rue
`IN
-20 -
M111.13
William Street
Prince William
Sydney Street
East
Princess Street
rue Sydney
est
de la rue
to King Street
Princess a la rue
East
King Est
Sydney Street
West
King Street East
rue Sydney
ouest
de la rue King
to Union Street
Est a la rue
Union
Sydney Street
West
Princess Street
rue Sydney
ouest
de la rue
to King Square
Princess au
South
carr& King Sud
Union Street
North
Waterloo Street
rue Union
nord
de la rue
to Coburg Street
Waterloo a la
rue Coburg
Union Street
South
Germain Street
rue Union
sud
de la rue
to Coburg Street
Germain a la rue
Coburg
Union Street
South
Carmarthen
rue Union
sud
de la rue
Street to Sydney
Carmarthen a la
Street
rue Sydney
Union Street
South
Prince William
rue Union
sud
de la rue Prince
Street to St.
William a la rue
Patrick Street
St. Patrick
Water Street
East
St. Patrick Street
rue Water
est
de la rue St.
to Lower Cove
Patrick a la
Loop
boucle Lower
Cove
Waterloo Street
North
Union Street to
rue Waterloo
nord
de la rue Union
Paddock Street
a la rue Paddock
Waterloo Street
West
Union Street to
rue Waterloo
ouest
de la rue Union
Peters Street
a la rue Peters
Wellington Row
Both
Carleton Street
all&e Wellington
les deux
de la rue
to Union Street
Carleton a la rue
Union
M111.13
-21 -
SCHEDULE B
ANNEXE B
PARKING ZONES
ZONES DE STATIONNEMENT
Parking Lots
Pares de stationnement
Aquatic Center
Centre Aquatique
(PID: 00037168, 00037176, 00039222)
(NID :00037168,00037176,00039222)
Canterbury Street Parking Garage
Stationnement interieur de la rue Canterbury
(PID: 55102446, 00018598, 00011130, 55102453)
(NID :55102446,00018598,00011130,55102453)
Red Rose — Union Street
Red Rose — rue Union
(PID: 55125199, 55125181)
(NID :55125199,55125181)
St. Joseph's Hospital — Bayard Drive
Hopital St. Joseph — promenade Bayard
(PID: 16147)
(NID :16147)
St. Joseph's Hospital — Coburg Street
Hopital St. Joseph — rue Coburg
(PID: 15602)
(NID :15602)
St. Joseph's Hospital — Golding Street
Hopital St. Joseph — rue Golding
(PID: 14423, 14431, 14449, 15982, 14506 and 14498)
(NID : 14423, 14431, 14449, 15982, 14506 et 14498)
Trinity Royal — 87 Charlotte Street
Trinity Royal — 87, rue Charlotte
(PID: 10629)
(NID :10629)
13-19 Charlotte Street
13 a 19, rue Charlotte
(PID: 00039479, 00039461)
(NID :00039479,00039461)
52 St. Patrick Street
52, rue St. Patrick
(PID: 00039214)
(NID: 00039214)
95 Charlotte Street
95, rue Charlotte
(PID: 10637)
(NID :10637)
195 Union Street
195, rue Union
(PID: 55108989)
(NID :55108989)
South Market Wharf — Water Street
Quai South Market — rue Water
(PID: 55235113)
(NID :55235113)
Received Date January 23, 2020
Meeting Date January 27, 2020
Open or Closed Open Session
His Worship Don Darling and
Members of Common Council
Your Worship and Councillors:
Subject: Bylaw — Conversion Therapy
Background:
Whereby, the City of Saint John has no legislation protecting residents from Conversion Therapy.
Whereby, we have a vibrant, diverse, engaged and meaningful LGBTQIA+ community that offers invaluable
impact on our community, identity, economy, and diversity.
Whereby, Conversion Therapy is a pseudoscientific and torturous practice that has no place in our city.
Whereby, Edmonton City Council has passed a Conversion Therapy Bylaw banning its practice within their
city. Enacted on December 10, 2019. (hats://www.edmonton.ca/documents/Bylaws/BL19061.pdf)
Motion:
That Council direct the City Solicitor's office to draft a by-law to ban Conversion Therapy in Saint John on the
basis of Edmonton City Council's Bylaw 19061 and to enhance it where it may be possible.
Respectfully Submitted,
(Received via email)
David Hickey
Councillor Ward 3
City of Saint John
SAINT JOHN P.O. Box 1971 Saint Jahn, NB Canada E2L 4L1 I www.saintjohn.ca I C.R 1971 Saint John, N. -B. Canada E2L 4L1
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COUNCIL REPORT
M&C No.
2020-20
Report Date
January 09, 2020
Meeting Date
January 27, 2020
Service Area
Transportation and
Environment Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: Community Centres — Sustainability Item
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Authors
Commissioner/Dept. HeadCity
Manager
Brad Adams /
Amy McLennan
Michael Hugenholtz
John Collin
RECOMMENDATION
The City Manager recommends that Common Council:
Endorse the proposed reduction in funding of the primary community centres
supported by the City of Saint John as an option to be considered in addressing
the entirety of the deficit in 2021 and 2022.
EXECUTIVE SUMMARY
There are five (5) primary community centre facilities in Saint John that receive
significant funding from the City. They are as follows:
1. Carleton Community Centre
2. Irving Oil Field House Community Centre
3. Millidgeville Community Centre
4. Nick Nicolle Community Centre
5. South End Community Centre
The third -party operators of these facilities have the mandate to offer free
recreational programming for the community, which contributes to the overall
quality of life for Saint John residents.
Given the City's sustainability challenges, this report proposes a reduction in
funding of the primary community centres supported by the City of Saint John as
an option to be considered in addressing the entirety of the deficit in 2021 and
`RV
-2-
2022. The total proposed reduction in funding is $70,000, which would be
reflected in annual savings to the general operating budget.
Should Council decide at a future date to proceed with this Sustainability item,
the funding reduction would be implemented with the next agreements,
commencing January 1, 2021. If any interested parties come forward with a
private sponsorship model that would replace the reduced funding for one or
more of the affected facilities, the current level of programming may not be
impacted.
PREVIOUS RESOLUTIONS
On October 7, 2019, it was resolved by Council to receive and file M&C 2019-
249: 'Sustainability: Addressing the Deficit 2021-2022'.
REPORT
The free programming offered at the primary community centres funded by the
City of Saint John provide safe and inclusive recreation opportunities for youth
and the community as a whole. Although each facility has a unique offering
tailored to the specific needs of their community, the following are examples of
the types of free programming offered:
• Youth Programming — afterschool programs, drop-in evening programs,
youth leadership development, dances, activity -based programming,
computer literacy;
• Age -Friendly Programming — seniors recreation, intergenerational
programming, parent and tot programs; and
• Other Community Programming —educational programs, settlement
services, tax clinics, health and wellness programs.
The facilities and third -party operators are as follows:
• Carleton Community Centre (owned by City of Saint John)
— operated by Carleton Community Centre, Inc., with sub -contracting for
afterschool youth programs to the Boys and Girls Club of Saint John Inc.
• Irving Oil Field House Community Centre (owned by Greater Saint John
Field House Inc.)
— operated by YMCA of Greater Saint John Inc.
`PrA
-3-
• Millidgeville Community Centre (attached to M. Gerald Teed Memorial
School)
— operated by YMCA of Great Saint John Inc.
• Nick Nicolle Community Centre (owned by City of Saint John, with use of
gymnasium of former Lorne Middle School owned by Province of New
Brunswick)
— operated by ONE Change Inc.
• South End Community Centre (attached to St. John the Baptist - King
Edward School)
— operated by Boys and Girls Club of Saint John Inc.
Program registration is handled in various formats, depending on the facility;
however, overall program offerings and attendance numbers are reviewed by
City of Saint John Recreation Coordinators at Parks and Recreation on an annual
basis to ensure programming is consistent and in line with the funding provided.
In addition to the City of Saint John, the third -party operators work closely with a
variety of community stakeholders. These partnerships aim to maximize the
positive impact of funding by leveraging in-kind services, volunteers, and
expertise. The following are some of the many stakeholders with whom the
community centres engage:
• West Side Food Bank
• Province of New Brunswick
• Horizon Health Network
• 'Bee Me Kidz' program
• Brilliant Labs
• Housing Alternatives Inc.
• Anglophone School District —
South
• Canada Revenue Agency
• Saint John Exhibition
Association
• Community Policing
• Carleton All -Stars
Cheerleading
• YMCA Child Care Services
• YMCA Newcomer Connections
It should also be noted that several community centre facilities are designated as
potential EMO (Emergency Management Organization) shelters for Saint John.
For example, the Carleton Community Centre was used for Emergency Social
Services as part of the Saint John EMO response to the flood events in 2018 and
2019.
In summary, community centres play a very important role in the City of Saint
John through the provision of a variety of services. They support those living
within the city's priority neighbourhoods, are utilized by newcomers integrating
into the community, and contribute to the overall quality of life of residents.
`U1.11
-4 -
Should Council decide at a future date to proceed with this Sustainability item,
the funding reduction would be implemented with the next agreements,
commencing January 1, 2021. With the recognition that the Millidgeville
Community Centre recently had a significant reduction in funding of
approximately $30,000 in 2018, it is likely this $70,000 reduction would be
distributed between the remaining four (4) community centres in proportion to
their current funding levels. That being said, City staff at Parks and Recreation
would also review the free program offerings and attendance numbers at the
facilities, with the goal of putting forth a recommendation that would minimize
overall impacts and avoid potential duplication with other service offerings in
the community.
STRATEGIC ALIGNMENT
The savings realized by the reduction in funding of the primary community
centres supported by the City of Saint John supports Council's Priority to be
Fiscally Responsible by contributing to the overall Sustainability effort.
SERVICE AND FINANCIAL OUTCOMES
All sustainability initiatives have been evaluated against criteria based on
Council's Priorities and ability to implement to address the deficit of 2021 and
2022. In addition to Feasibility, criteria include Growth & Prosperity; Vibrant,
Safe City; Valued Service Delivery; and Fiscally Responsible (see Initiative Criteria
Evaluation Appendix).
The reduction in funding of these community centres could result in a reduction
of free programming. Those without the means to afford alternatives may
experience a loss of structured recreation opportunities and programming,
which may have a minor impact on Council's Priority of a Vibrant, Safe City.
This item is 100% feasible; however, there is a risk that one or more of the third -
party operators may determine they are no longer able to operate programs
effectively with a reduction in funding. As the goal will be to distribute the
reduction in a fashion that will minimize impact, it is felt that outcome is highly
unlikely.
The following summarizes the amounts in the approved 2020 budget for the
primary community centres:
FACILITY NAME
THIRD -PARTY OPERATOR
AMOUNT
Carleton Community Centre
Carleton Community Centre,
$190,211
1 nc.
Irving Oil Field House
YMCA of Greater Saint John
$87,045
Community Centre
Inc.
liB10.1
-5-
Millidgeville Community
YMCA of Greater Saint John
$48,582
Centre
I nc.
Nick Nicolle Community
ONE Change Inc.
$167,083
Centre
South End Community Centre
Boys and Girls Club of Saint
$95,076
John Inc.*
TOTAL
$587,997
*In addition to the amount related to the operation of the South End Community
Centre, the Boys and Girls Club of Saint John Inc. receives an Unconditional Grant
from the City of Saint John to assist with the operation of their facility located on
Paul Harris Street; this grant is $42,806 in 2020.
There are no investment requirements anticipated for implementation of this
item.
A $70,000 reduction in funding of the primary community centres supported by
the City of Saint John would result in annual savings to the general operating
budget. Based on amounts budgeted for 2020, that amount would represent a
reduction of approximately 12%.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
Input for this report was provided by the staff of the Parks and Recreation
Department.
This report has been reviewed by Finance and Administrative Services.
ATTACHMENTS
N/A.
Appendix: Initiative Criteria Evaluation
100
80
60
U
C6
40
20
0
Relative Evaluation of Sustainability Initiatives based on Impact and Financial Target
Financial Farget
Evaluation Notes on Community Centres:
• Impact on a Vibrant, Safe City with the potential reduction in free, structured recreation
opportunities.
Note: Evaluated initiatives that fall within the yellow and green areas should be considered as options to address
the 2021 and 2022 deficit. Initiatives that fall close to the red should only be considered if there are no other
options to address the deficit.
Sustainability Initiatives Evaluated as of January 27, 2020 (Not including Continuous Improvement Items)
1. Passport to Parks
2. Lifeguards (Not added to hopper)
3. Rightsizing Recreation Facilities - Rainbow Park
Ice Surface
4. Rightsizing Recreation Facilities - Seaside Park
Lawn Bowling
5. Playground Program
6. Fire Service Fee Recovery
7. Permit and Development Approval Fees Increases
8. Grants & Incentives
9. Growth Reserve Fund
10. Non -Resident Differential Parking Fees
11. Monthly Parking Increase
12. Parking Ticket Increases
13. On -Street Parking Increase
14. Recreation Subsidies
15. Winter Street Maintenance
16. Economic Development Agency Funding
17. Arena Closure
18. Freeze CPI Adjustments for Inflation
19. Adelaide Street Facility
20. Goods and Services Budget for Mayor & Council
(Not yet presented)
21. Fire Light Vehicle Response — Medical Calls
22. Transit Redesign
23. Community Centres
COUNCIL REPORT
M&C No.
2020-036
Report Date
January 22, 2020
Meeting Date
January 27, 2020
Service Area
Finance and
Administrative Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: Adelaide Street — Sustainability Item
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Authors
I Commissioner/Dept. Head
City Manager
Stephanie Rackley -Roach
I Kevin Fudge
John Collin
RECOMMENDATION
The City Manager recommends that Common Council approve:
1. the proposed Adelaide Street — Sustainability Item as part of the solution
to addressing the entirety of the deficit in 2021 and 2022;
2. that the City enter into the Lease Agreement with Housing Alternatives
Inc., as attached to M & C #2019-338, and further
3. that the Mayor and Common Clerk be authorized to execute the said
Lease Agreement.
EXECUTIVE SUMMARY
The City's Adelaide Street facility is currently underutilized. A local private non-
profit organization, Housing Alternates Inc., has approached the City to lease a
portion of the main building and a utility building to conduct their business at
this location. Based on the requirements of this organization and in consultation
with the Growth & Community Development team, Parks and Recreation team,
and the City's Facilities Management and Real Estate teams, lease terms were
developed for the potential tenant's consideration. Leasing out space at
Adelaide Street to a private non-profit organization has the potential to generate
approximately $25,500 annually in revenue over the term of the agreement.
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PREVIOUS RESOLUTIONS
On October 7, 2019, it was resolved by Council to receive and file M&C 2019-
249: 'Sustainability: Addressing the Deficit 2021-2022'.
REPORT
The City's Adelaide Street facility currently supports Parks and Recreation service
delivery. The facility is comprised of a main building for service administration, a
garage with several bays that supports operations, and a utility building (i.e.,
shed) for storage. While the public can access the main building, the number of
drop-in visits is low, as most visits are made by appointment. Although a
number of meetings related to City boards and committees are often held in the
boardroom located on the first floor, the main building currently has a number
of vacant office spaces.
Earlier this year, a private non-profit organization, Housing Alternatives Inc.,
approached the City to lease space at the Adelaide Street facility. The
organization has outgrown their space and is looking for a new location that can
adequately accommodate their operations. This organization is looking to
secure space close to their current location in the north end of the city.
Discussions with the private non-profit organization identified their
administrative space requirements, including additional space for operations. In
evaluating the City's needs, it was determined that staff at this facility can be
relocated within the main building to offer approximately 2,020 square feet on
the first floor of that building. A utility building of approximately 1,750 square
feet, currently used for storage, can be cleaned out and offered to the non-profit
organization for lease.
Prior to offering space to a potential tenant, the City's Building Inspection team
was consulted to determine what upgrades were required to support leasing out
portions of the facility. These requirements were included in the calculations for
the City's investment to prepare portions of the Adelaide Street facility to be
leased to a non -City entity.
The City's Planning team was consulted for any zoning considerations. This City
property is currently zoned Utility Service (US) and designated as a Parks and
Natural Area. A Business Office is not currently a permitted use in this zone.
Planning has provided two options to address the zoning of this property that
would allow the space to be leased to the private non-profit organization. One
option is to have the property rezoned to allow for a Business Office. The other
option is to submit an application for a Similar or Compatible Use. Based on
discussions with Planning staff and the proposed use for the leased space, a
Similar or Compatible Use application was prepared and dealt with at the
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January 21, 2020 Planning Advisory Committee (PAC) meeting. The application
was approved.
It is expected that the proposed lease space could be fit -up and ready for the
tenant in March 2020 (occupancy in April 2020) once the following
implementation steps are completed:
• Approval of the lease agreement by Common Council;
• Preparation of staff for relocation and development of new work
processes, including traffic (i.e., vehicles and equipment) considerations
in and around the buildings at this location (this will be dependent on
other Sustainability Items being contemplated);
• Fit -up of space by the City to meet building code requirements to lease
out space to the potential tenant and to relocate City staff within the
building, including the creation of a new public access for Parks and
Recreation Services; and
• Relocation of City staff to their new space within the Adelaide Street
facility.
STRATEGIC ALIGNMENT
The revenue realized by the Adelaide Street — Sustainability Item supports
Council's Priority to be Fiscally Responsible by contributing to the overall
Sustainability effort.
SERVICE AND FINANCIAL OUTCOMES
All sustainability initiatives have been evaluated against criteria based on
Council's Priorities and ability to implement to address the deficit of 2021 and
2022. In addition to Feasibility, criteria include Growth & Prosperity; Vibrant,
Safe City; Valued Service Delivery; and Fiscally Responsible (see Initiative Criteria
Evaluation Appendix).
City staff have proposed lease terms to the potential tenant based on non-profit
rates in Saint John for both the space in the main building and the utility
building. Lease rates also take into consideration utilities and property tax.
Based on these terms, the potential revenue to the City is estimated to be
approximately $25,500 annually. An annual increase would be included as part
of the lease terms. The lease term is proposed for five years with an option to
renew.
In order to allow a non -City entity to occupy space at Adelaide Street, the City
will need to invest in some structural changes to the main building. These
changes are largely related to fire protection and egress. There are some minor
changes related to space on the second floor to support City operations. The
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estimated one-time cost of investment is approximately $12,000 and would be
completed by City staff resources.
Leasing space to a private non-profit organization such as Housing Alternatives
Inc. has the benefit of retaining the services it offers within that neighbourhood
and is a positive development opportunity in this priority neighbourhood.
The changes to the main building at the Adelaide Street facility will require a new
public access point for Parks and Recreation Services in order to ensure there is a
delineation between the City and the potential tenant spaces. The proposed
renovations to the City's space are also being designed to ensure barrier free
access. Meetings for City boards and committees currently held at the Adelaide
Street facility would be moved to the Nick Nicolle Community Centre or another
space in the neighbourhood to ensure barrier free access for participants. This
would result in a very minor impact to the community as it relates to Vibrant,
Safe City in terms of travelling to another location within close proximity to the
Adelaide Street facility.
Securing a lease agreement with Housing Alternatives Inc. for space at Adelaide
street would result in revenue of approximately $25,500 annually to the General
operating budget. Based on the timing to implement and tenant occupancy, net
revenue would be approximately $7,100 for the first year of the lease. The net
revenue for the first year considers a lease start date March 1, 2020 with one
month free rent for tenant fit -up and the one-time fit -up investment required by
the City.
It is a trend that municipalities are moving in this general direction to begin
combining uses into larger co -located facilities to better use facilities/land and
achieve better outcomes for the community (both financially and from a
planning perspective).
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
Input for this report has been provided by the Growth & Community
Development, Parks and Recreation, Facilities Management, Finance, Real
Estate, and Legal teams.
ATTACHMENTS
Lease Agreement and Option Housing Alternatives Inc.
Schedule A1— Housing Alternatives
flW
Appendix: Initiative Criteria Evaluation
100
80
60
U
C6
40
20
0
Relative Evaluation of Sustainability Initiatives based on Impact and Financial Target
Financial Farget
Evaluation Notes on Adelaide Street Facility:
• Vibrant, Safe City — Minor impact in terms of travelling to another location for community
meetings (within the neighbourhood if possible)
Note: Evaluated initiatives that fall within the yellow and green areas should be considered as options to address
the 2021 and 2022 deficit. Initiatives that fall close to the red should only be considered if there are no other
options to address the deficit.
Sustainability Initiatives Evaluated as of January 27, 2020 (Not including Continuous Improvement Items)
1. Passport to Parks
2. Lifeguards (Not added to hopper)
3. Rightsizing Recreation Facilities - Rainbow Park Ice
Surface
4. Rightsizing Recreation Facilities - Seaside Park
Lawn Bowling
5. Playground Program
6. Fire Service Fee Recovery
7. Permit and Development Approval Fees Increases
8. Grants & Incentives
9. Growth Reserve Fund
10. Non -Resident Differential Parking Fees
11. Monthly Parking Increase
12. Parking Ticket Increases
13. On -Street Parking Increase
14. Recreation Subsidies
15. Winter Street Maintenance
16. Economic Development Agency Funding
17. Arena Closure
18. Freeze CPI Adjustments for Inflation
19. Adelaide Street Facility
20. Goods and Services Budget for Mayor & Council
(Not yet presented)
21. Fire Light Vehicle Response — Medical Calls
22. Transit Redesign
23. Community Centres
ii11-1.1
Form All9
LEASE and OPTION
Standard Forms of Conveyances Act, S.M.B. 1980, c. S-12,9.2
The parties to this Lease are:
THE CITY OF SAINT JOHN, having Its City Hall at 15
Market Square, Saint John, New Brunswick, a body
corporate by Royal Charter, confirmed and amended by
Acts of the Legislative Assembly of the Province of New
Brunswick (hereinafter referred to as the "Lessor")
-and—
HOUSING
and—
HOUSING ALTERNATIVES INC., a duly incorporated
company under the laws of the Province of New
Brunswick, having its head office at the City of Saint
John aforesaid (hereinafter referred to as the "Lessee")
The Lessor leases to the Lessee the premises described in Schedule "A" attached hereto on
the following conditions:
Duration: Five (5) years (the `Term")
Date of Commencement: March 1, 2020
Date of Termination: February 28, 2025, subject to an option to renew set out
in Schedule "C".
Rent: The annual rent payable for the Office Space during the
first year of the term shall be $20,200.00 less 1/12°i, that
is $18,516.67 plus HST if applicable. In the second year
of the term the rent shall be $20,200.00 plus 2%, that is
$20,604.00 and for each of the remaining three years of
the term the rent payable shall be 2% greater than that
payable during the immediately preceding year plus in
each case HST if applicable;
The annual rent payable for the Utility Shed during the
first year of the term shall be $5,469.00 less 1/12'", that
is $5,013.25, plus HST if applicable. In the second year
of the term the rent shall be $5,469.00 plus 2% and for
each of the remaining three years of the term the rent
payable shall be 2% greater than that payable during the
immediately preceding year plus, in each case NST if
applicable;
Rent shall be paid in equal monthly installments,
monthly in advance.
Payment Dates: Monthly on the first day of each and every month during
the Term, commencing on April 1, 2020.
Place of Payment: Cashier's Office of the City of Saint John
Or any other office substituted by the Lessor in lieu thereof
This Lease contains the covenants and conditions which are attached and set out in:
(a) the Leases Regulation — Standard Forms of Conveyances Act and set out
in Schedule "B" attached hereto: and
`ff- A
(b) Schedule 'V attached hereto.
DATEDthe .._...... _............ _ day of.................................................................................... 2020.
SIGNED, SEALED A DELIVERED ) THE CITY OF SAINT JOHN
In the presence of: }
Mayor
Common Clerk
Common Council Resolution:
HOUSING ALTERNATIVES INC.
Per:
And:
SCHEDULE "A"
That portion of the first floor of the building located upon land having Parcel
Identifier (the "Site"). designated by the words "Office Space" on the aerial
photo titled "Saint John proposed tenant: 171 Adelaide Street, Saint John" which
photo is attached hereto and forms a part hereof as Schedule A-1, and which
portion is more particularly shown as the area not shaded in yellow on the floor
plan stamped "Revised 2:23 p.m. December 16, 2019° which is attached hereto
and forms a pari hereof as Schedule 4A-2", and which portion comprises a floor
area of 2020 square feet (the "Office Space"); Together With
The entire space within the building located upon the Site and designated by the
words "Utility Shed" on the aforesaid Schedule A-1 and which comprises an area
of approximately 1,750 square feet ("the Utility Shed"); Together With
Five (5) parking spaces at the locations identified upon the aerial photo by yellow
outline, herein,
Collectively, the "Leased Premises".
SCHEDULE "A-1"
[see attached]
MAN
SCHEDULE"B"
11. The Lessee shall pay rent,
12. The Lessee shall maintain the premises in good repair.
13. The Lessee shall permit the Lessor to inspect the premises.
15. The Lessee shall use the premises for agreed purposes only.
17. The Lessee shall comply with all laws.
18. The Lessee shall deliver vacant possession upon termination of the lease.
21, The Lessee shall not do any act to increase insurance premiums.
22. The Lessee shall pay occupancy taxes.
25. The Lessee shall conduct his business in a reputable manner.
26. On breach of any covenant the Lessor may recover all costs from the Lessee as rent.
27. The Lessor may re-enter the premises on the insolvency of the Lessee.
28. The Lessor promises to the Lessee quiet enjoyment of the premises.
29. The Lessor shall provide fire and other insurance.
30. The Lessor shall pay real property taxes and local improvements.
32. The Lessee may remove fixtures.
33. The Lessee has an insurable interest in improvements made by him.
36. Where the Lessee holds over the tenancy is monthly.
38. The Lessor is not responsible for injury to person or property upon the premises unless
due to the negligence of the Lessor.
39. The Lessee may install signs with the Lessor's consent.
41. Condonation, excuse or overlooking of any default does not operate as a waiver.
42. All Lessee's insurance policies shall contain a waiver of subrogation.
171
SCHMULE "C"
ARTICLE 1
RENT PAST DUE
1.01 Rerrt Past Due
If the Lessee fails to pay, when the same is due and payable, rent or other amount payable by the
Lessee under this Lease, such unpaid amounts shall bear interest from the due date thereof to the date of
payment, compounded monthly at the rate equal to four (4) percentage points in excess of the Prime
Rate.
ARTICLE tl
TAXES
2.01 Taxes Payable by the Lessor
The Lessor shall pay all Taxes which are levied, rated, charged or assessed against the She or
any part thereof. However, the Lessor may defer payment of any such Taxes or defer compliance with
any statute, law, by-law, regulation or ordinance in connection with the levying of any such Taxes in each
case to the fullest extent permitted by law, so long as it diligently prosecutes any contest or appeal of any
such Taxes.
2.02 HST Payable by Lessee
The Lessee shall pay to the Lessor all HST on rent and any other NST imposed by the applicable
legislation on the Lessor or Lessee with respect to this Lease, in the manner and at the times required by
the applicable legislation. Such amounts are not consideration for the rental of space or the provision by
the Lessor of any service under this Lease, but shall be deemed to be rent and the Lessor shall have all of
the same remedies for and rights of recovery of such amounts as it has for recovery of rent under this
Lease. If a deposit is forfeited to the Lessor, or an amount becomes payable to the Lessor due to a
default or as consideration for a modification of this Lease, and the applicable legislation deems a part of
the deposit or amount to include HST, the deposit or amount will be increased and the increase paid by
the Lessee so that the Lessor will receive the full amount of the forfeited deposit or other amount payable
without encroachment by any deemed HST portion.
ARTICLE 111
CONDUCT OF BUSINESS BY LESSEE
3.01 Use of Leased Premises
The Leased Premises shall be used for the sole and direct purpose of continuing and advancing
the Lessee's role as a non-profit organization providing development and management services to both
housing cooperatives and non-profit housing organizations in Southwestern New Brunswick as well as
bookkeeping services to other non-profit organizations. In connection with the business to be conducted
by the Lessee on the Leased Premises, the Lessee shall only use the advertised names "Housing
Alternatives" or "Rehabitat' and will not change the advertised names of the business to be operated in
the Leased Premises without the prior written consent of the Lessor,
3.02 Hazardous Substances
For the purposes of this provision, "Hazardous Substances" means any contaminant, pollutant,
dangerous substance, potentially dangerous substance, noxious substance, toxic substance, hazardous
waste, flammable, explosive or radioactive material, urea formaldehyde foam insulation, asbestos, PCB's
or any other substances or materials that are declared or defined to be hazardous, toxic, contaminants or
pollutants in or pursuant to any applicable federal, provincial or municipal statute, by-law or regulation.
The Lessee covenants and agrees to utilize the Leased Premises and operate its business In a
manner so that no part of the Leased Premises or surrounding lands are used to generate, manufacture,
refine, treat, transport, store, handle, dispose of, transfer, produce or process any Hazardous Substance,
except in strict compliance with all applicable federal, provincial and municipal statutes, by-laws and
regulations, including, without limitation, environmental, land use and occupational and health and safety
laws, regulations, requirements, permits, statutes, by-laws and regulations. Further the Lessee hereby
covenants and agrees to indemnify and save harmless the Lessor and those for whom the Lessor is in law
responsible from any and all losses, costs, claims, damages, liabilities, expenses or injuries caused or
contributed to by any Hazardous Substances which are at any time located, stored or incorporated in any
part of the Leased Premises. The Lessee hereby agrees that the Lessor or its authorized representatives
shall have the right at the Lessee's expense, payable as additional rent within fifteen (15) days of receipt
of an invoice therefor, to conduct such environmental site reviews and investigations as it may deem
necessary for the purpose of ensuring compliance with this Section 3.02. The Lessee's obligations
pursuant to this Section 3.02 shall survive the expiration or earlier termination of the Term.
ARTICLE IV
UTILITIES
4.01 Utilities
The Lessor shall pay the water and sewage charges levied upon the Site as and when they
become due.
4.02 (a) The Lessor shall pay the charges levied for electrical power consumed upon that portion of the
Leased Premises identified on Schedule "A-1" hereof as the "Office Space", as and when they become
due.
(b) The Lessee shall pay the charges levied for electrical power consumed upon that portion of
the Leased Premises identified on Schedule "A -t' hereof herein as the "Utility Shed" as and when they
become due.
4.03 The Lessor hereby consents to the Lessee's upgrading or otherwise improving the electrical
service to the Utility Shed as well as the electrical system therein at the Lessee's sole cost and expense,
upon condition that the Lessee shall first present to the Lessor plans and specifications in such detail
form and content as the Lessor may reasonably require for such work at the time approval is sought and
upon further condition that approval of such work is obtained in writing from the Lessor.
The Lessee covenants that any such work that might be done in respect of the Leased Premises
by or on behalf of the Lessee shall be done in such manner as not to conflict or interfere with any work
being done or about to be done by the Lessor in or about the Site or the buildings located thereon. The
Lessee shall not make any alterations additions or improvements that are of a structural nature or which
would lessen the value of the Leased Premises.
ARTICLE V
FIXTURES, ALTERATIONS AND REPAIRS
5.01 Installations by the Lessee
All equipment, fixtures and improvements installed by the Lessee in the Leased Premises shall be
new or completely reconditioned. The Lessee shall not make any alterations, additions or improvements
or install or cause to be installed any trade fixtures, exterior signs, floor covering, interior or exterior
lighting, plumbing fixtures, shades or awnings or make any changes to the Leased Premises without first
obtaining the Lessor's written approval and consent. The Lessee shall present to the Lessor plans and
specifications in form, content and such detail as the Lessor may reasonably require for such work at the
time approval is sought. The Lessee covenants that any work that may be done in respect of the Leased
Premises by or on behalf of the Lessee shall be done in such a manner as not to conflict or interfere with
any work being done or about to be done by the Lessor in or about the Site of the buildings thereon and
the Lessee shall obtain all requisite permits, licenses and inspections in respect of any such work done by
or on the Lessee's behalf. Notwithstanding anything herein contained, the Lessee shall make no
alterations, additions or improvements that are of a structural nature or that would lessen the value of the
Leased Premises or the buildings in which they are located.
5.02 Surrender of Leased Premises
Subject to Section 10.01, the Lessee will leave the Leased Premises in good repair, reasonable
wear and tear only excepted. Without limiting the generality of the foregoing, at the expiration or earlier
termination of the Term the Lessee shall surrender the Leased Premises in the same condition as the
Leased Premises were in upon delivery of possession thereto under this Lease, reasonable wear and tear
only excepted, and shall surrender all keys for the Leased Premises to the Lessor at the place then fixed
for the payment of rent and shall inform the Lessor of all combinations on locks, safes and vaults, If any, in
the Leased Premises. Should the Lessee fail to remove its fixtures and personal property, such fixtures
and personal property shall be deemed to be abandoned by the Lessee and may be appropriated, sold or
otherwise disposed of by the Lessor without notice or obligation to compensate the Lessee or to account
therefor. The Lessee's obligations to observe or perform this covenant shall survive the expiration or
earlier termination of the Term of this Lease.
5.03 Lessee to Discharge all Liens
The Lessee will ensure that no construction or other lien or charge, or notice thereof, is registered
or filed against:
a) the Site; or
b) the Lessee's interest in the Leased Premises or any of the leasehold improvements in the
Leased Premises.
by any person claiming by, through, under or against the Lessee or its contractors or subcontractors. If
such a lien or charge or notice thereof is registered or filed and the Lessee fails to discharge it within five
(5) days after written notice from the Lessor, the Lessor may discharge it by paying the amount claimed to
be due into court or directly to the claimant and the Lessee will pay to the Lessor as additional rent on
demand all costs (including legal tees) incurred by the Lessor in connection therewith, together with an
administrative overhead charge of fifteen percent (15%) thereon.
5.04 Maintenance and Repair by the Lessor
The Lessor shall, subject to the other provisions of this Lease, maintain and repair or cause to be
maintained and repaired, the structures in which the Leased Premises are located, including without
limitation, the foundations, exterior weather walls, subfloor, roof, Bearing walls and structural columns and
beams. If, however, the Lessor is required to maintain or repair any structural portions or any other
portion of the Leased Premises by reason of the negligent acts or omissions of the Lessee, its employees,
agents, invitees, suppliers, agents and suppliers, licensees, concessionaires or subtenants, the Lessee
shall pay on demand as additional rent, the Lessor's costs for making such maintenance or repairs,
together with an administrative fee of fifteen percent (15%) of such costs.
5.05 Lessor's Right to Enter Leased Premises
a) It Is not a re-entry or a breach of quiet enjoyment if the Lessor or its authorized
representatives enter the Leased Premises at reasonable times to:
I. examine them;
ii. make permitted or required repairs, alterations, improvements or additions to the
Leased Premises (including the pipes, conduits, wiring, ducts, columns and other
installations in the Leased Premises).
b) At any time during the Term, the Lessor, its agents, servants and employees may exhibit
the Leased Premises to prospective purchasers and during the six (6) months prior to the
expiration of the term of this Lease, the Lessor may exhibit the Leased Premises to
prospective tenants and place upon the Site the usual notice `To Let" which notice the
Lessee shall permit to remain where placed without molestation:
c) If the Lessee shall not be personally present to open and permit an entry into the Leased
Premises, at any lime, when for any reason an entry therein shall be necessary or
permissible, the Lessor or the Lessor's agents may enter the same by a master key, or
may forcibly enter the same, without rendering the Lessor or such agents liable therefor,
and without in any manner affecting the obligations and covenants of this Lease;
d) Nothing in this Section contained, however, shall be deemed or construed to impose upon
the Lessor any obligation, responsibility or liability whatsoever for the care, maintenance
or repair of the City Market or any part thereof, except as otherwise in this Lease
specifically provided.
ARTICLE VI
INSURANCE AND INDEMNITY
6.01 Lessee's Insurance
a) The Lessee shall throughout the Tenn, at its own cost and expense, take out and keep in full force
and effect the following insurance:
i. All-risk insurance upon property owned by the Lessee or for which the Lessee is
legally liable and which is located upon the She of the Leased Premises In an amount
of not less than the full replacement cost thereof;
li. Comprehensive General Liability with minimum limits of at least Two Million Dollars
($2,1700,000.00) or such higher limits as the Lessor may reasonably require from time
to time. This policy shall include:
a) The City added as an Additional Insured;
b) Inclusive limits for bodily injury and property damage;
c) Personal injury liability;
d) Lessee's Legal Liability;
e) Contractual Liability with respect to this Lease;
Q Premises, Property and Operations;
g) Completed Operations;
h) A Cross Liability Clause;
` FM
i) A Thirty (30) days written notice of Cancellation shall be given to the City of Saint
John.
The Lessee shall also provide any other form of insurance as the Lessee or the
Lessor may reasonably require from time to time in form, in amounts and for
insurance risks against which a prudent tenant would insure.
b) All policies shall be taken out with reputable and recognized insurers acceptable to the Lessor and
shall be in a form satisfactory from time to time to the Lessor. The Lessee agrees that certificates
of insurance of each such insurance policy will be delivered to the Lessor as soon as practicable
after the placing of the required insurance. All policies shall contain an undertaking by the
insurers to notify the Lessor in writing not less than thirty (30) days prior to any material change,
cancellation or termination thereof;
c) The Lessee agrees that if the Lessee fails to take out or keep in force any such insurance referred
to in this Section 6.01, or should any such insurance not be approved by the Lessor and should
the Lessee not rectify the situation immediately after written notice by the Lessor to the Lessee,
the Lessor has the right without assuming any obligation in connection therewith to effect such
insurance at the sole cost of the Lessee and all outlays by the Lessor shall be immediately paid by
the Lessee to the Lessor as additional rent without prejudice to any other rights and remedies of
the Lessor under this Lease.
6.02 Increase in Insurance Premium
The Lessee will not allow or cause anything to occur in the Leased Premises which shall cause
any increase of premium for any insurance on the Leased Premises or the structures in which the Leased
Premises are located above the rate for the least hazardous type of occupancy legally permitted in the
Leased Premises. If the Lessee is in default under this Section 6.02, the Lessee shall pay any resulting
additional premium an any insurance policies taken out or maintained by the Lessor, or ff any insurance
policy upon the Leased Premises or the structures in which the Leased Premises are located shall be
cancelled or refused to be renewed by an insurer by reason of the use or occupation of the Leased
Premises or any part thereof or the acts or omissions of the Lessee, the Lessee shall forthwith remedy or
rectify such use or occupation upon request to do so in writing by the Lessor, and if the Lessee shall fail to
do so within twenty-four (24) hours of such written request, the Lessor shall have the right to enter the
Leased Premises and rectify the situation, without liability to the Lessee for any loss or damage
occasioned by such entry and rectification, or shall be entitled to hold the Lessee liable for any damage or
loss resulting from such cancellation or refusal, or the Lessor may at its option determine this Lease
forthwith by leaving upon the Leased Premises notice in writing of its intention to do so, and thereupon
rent and any other payments for which the Lessee is liable under this Lease shall be apportioned and paid
in full to the date of such determination of the Lease, and together with an amount equal to the rent
payable for a period of one (1) year as liquidated damages, and the Lessee shall immediately deliver up
possession of the Leased Premises. A schedule issued by the organization making the insurance rate on
the Leased Premises, showing the various components of such rate, shall be conclusive evidence of the
several items and charges which make the fire insurance rate of the Leased Premises. Bills for such
additional premiums shall be rendered by the Lessor to the Lessee at such times as the Lessor may elect
and shall be due from and payable by the Lessee when rendered, and the amount thereof shall be
deemed to be and be paid as additional rent.
6.03 Loss or Damage
The Lessor shall not be liable for any death or injury arising from or out of any occurrence in,
upon, at or relating to the Site, or damage to property of the Lessee or of others located on the Leased
Premises, nor shall it be responsible for any loss of or damage to any property of the Lessee or others
from any cause whatsoever, except any such death, injury, loss or damage results from the negligence of
the Lessor, its agents, servants or employees or other persons for whom the Lessor is in taw responsible.
Without limiting the generality of the foregoing, the Lessor shall not be liable for any injury or damage to
persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water, rain, flood,
snow or leaks from any part of the Leased Premises or from the pipes, appliances, plumbing works, roof
or subsurface of any floor or calling or from the street or any other place or other tenants or persons in the
structure in which the Leased Premises are located or by occupants of adjacent property thereto, or the
public, or caused by construction or by any private, public or quasi -public work. All property of the Lessee
kept or stored on the Leased Premises shall be so kept or stored at the risk of the Lessee only and the
Lessee shall indemnify the Lessor and save it harmless from any claims arising out of any damages to the
same, including, without limitation, any subrogation claims by the Lessor's insurers. In no event shall the
Lessor be liable for any injury to the Lessee, its servants, agents, employees, customers and invitees or
for any injury or damage to the Leased Premises or to any property of the Lessee, or to any property of
any other person, firm or corporation on or about the Leased Premises caused by an interruption,
suspension or failure in the supply of any utilities to the Leased Premises.
6.04 Indemnfffeation of the Lessor
The Lessee will indemnify the Lessor, and save harmless from and against any and all claims,
actions, damages, liability and expense in connection with loss of life, personal injury and/or damage to
property arising from or out of any occurrence in, upon or at the Leased premises, the occupancy or use
MAN
by the Lessee of the Leased premises or any part thereof, or occasioned wholly or in part by any act or
omission of the Lessee, its agents, contractors, employees, servants, licensees, or concessionaires or
invitees. In case the Lessor shall, without fault on its part, be made a party to any litigation commenced
by or against the Lessee, then the Lessee sha11 protect and hold it harmless and shall pay all costs,
expenses and solicitors' and counsel fees on a solicitor and client basis incurred or paid by them in
connection with such litigation.
ARTICLE VII
DAMAGE, DESTRUCTION AND EXPROPRIATION
7.01 Total or Partial Destruction of Leased Premises
If, during the Term, the Leased Premises are totally or partially destroyed or damaged by any
cause in respect of which the Lessor is insured. the following provisions shall have effect:
a) If the Leased Premises are rendered partially unfit for occupancy by the Lessee, rent shall abate
in part only, in the proportion that the part of the Leased Premises rendered unfit for occupancy by
the Lessee bears to the whole of the Leased Premises or If the Leased Premises are rendered
wholly unfit for occupancy by the Lessee the rent hereby reserved shall be suspended in either
event until the day following a reasonable period (taking into account the extent of the Lessee's
restoration) following completion of the Lessor's restoration;
b) Notwithstanding the provisions of subparagraph (a), if the Leased Premises in the opinion of the
Lessor shall be incapable of being rebuilt and/or repaired or restored with reasonable diligence
within 180 days of the happenung of such destruction or damage, or if the Lessor determines in
good faith that such rebuilding, repairing or restoring is not advisable, then the Lessor may at its
option terminate this Lease by notice in wrWng to the Lessee given within thirty (30) days of the
date of such destruction or damage and in the event of such notice being so given this Lease shall
cease and become null and void from the date of such destruction or damage and the Lessee
shall immediately surrender the Leased Premises and all interest therein to the Lessor and the
rent shall be apportioned and shall be payable by the Lessee onwy to the date of such destruction
or damage and the Lessor may re -anter and repossess the Leased Premises discharged of this
Lease;
If the Leased Premises are capable of being rebuilt and/or repaired or restored within 180 days of the
happening of such damage or destruction and the Lessor chooses to do so, or if within the period of thirty
(30) days referred to in Section 7.01(b) the Lessor shall not give notice terminating this Lease, the Lessor
shall with reasonable promptitude proceed to rebuild and/or repair or restore the Leased Premises to the
extent of the Lessor's repair obligations under the Lease and the Lessee shall immediately upon
substantial completion of the Lessor's work and, within a reasonable period determined by the Lessor
(given the extent of the Lessee's restoration) complete the restoration of the Leased Premises.
The determination made in good faith by the Lessor shall bind the parties as to the (i) extent to which
the Leased Premises are unfit for occupancy; (ii) whether it is advisable to rebuild, repair or restore the
Leased Premises or any part thereof; (iii) time required to rebuild and/or repair or restore the Leased
Premises; and (iv) due completion of repairs.
ARTICLE VIII
TRANSFERS BY LESSEE
8.01 Transfer Defined
'Transfer' means. (i) an assignment, sale, conveyance, sublease, or other disposition of this
Lease or the Leased Premises, or any part of them or any interest in this Lease (whether by operation of
law or otherwise), or in a partnership that is a Lessee under this Lease, (ii) a mortgage, charge or
debenture (floating or otherwise) or other encumbrance of this Lease or the Leased Premises or any part
of them, or of any interest in this Lease or of a partnership, or partnership interest, where the partnership
is a Lessee under this Lease, (iii) a parting with or sharing of possession of all or part of the Leased
Premises, and (iv) a transfer or issue by sale, assignment, bequest, inheritance, operation of law or other
disposition, or by subscription of all or part of the corporate shares of the Lessee or an 'affiliate' (as that
term is defined on the date of this Lease under the Canada Business Corporations Act) of the Lessee
which results in a change in the effective voting control of the Lessee. "Transferor" and `Transferee" have
meanings corresponding to the definition of `Transfer" set out above, (it being understood that for a
Transfer described in clause (iv) the Transferor is the person that has effective voting control before the
Transfer and the Transferee is the person that has effective voting control after the Transfer).
8.02 Consent Required
The Lessee will not allow or cause a Transfer, without the prior written consent of the Lessor in
each instance which consent may not be unreasonably withheld. Notwithstanding any statutory provisions
to the contrary, Lessor's consent shall not be deemed to have been unreasonably withheld where Lessor
refuses consent to a Transfer within twenty-four (24) months of either the commencement of this Lease, a
renewal thereof, or a previous Transfer. Without limiting the generality of the foregoing, no Transfer shall
be effective and no consent shall be given unless the following provisions have been complied with:
i. There is no default of the obligations of the Lessee under this Lease;
ii. The Lessee shall have given at least thirty (30) days' prior written notice of the proposed
Transfer and the effective date thereof to the Lessor,
iii. A duplicate original of the documents affecting the Transfer shall be given to the Lessor
within thirty (30) days after the execution and delivery thereof;
iv. The Transferee, except in the case of a Transfer described in Section 8.02(iv), shall have
assumed in writing with the Lessor the due and punctual performance and observance of
all the agreements, provisions, covenants and conditions hereof on the Lessee's part to
be performed or observed from and after the effective date of the Transfer.
The Lessee acknowledges that the factors governing the granting of the Lessor's consent to any
Transfer may include, without limitation, the restrictive clauses entered into with other tenants by the
Lessor, the financial background, business history and the capability of the proposed Transferee in the
Lessee's line of business, and the nature of the business practices of the proposed Transferee. The
consent by the Lessor to any Transfer shalt not constitute a waiver of the necessity for such consent to
any subsequent Transfer. If a Transfer takes place, the Lessor may collect rent from the Transferee, and
apply the net amount collected to the rent herein reserved, but no such action shall be deemed a waiver of
the requirement to obtain consent or the acceptance of the Transferee as lessee, or a release of the
Lessee or any Indemnifier from the further performance by the Lessee of covenants on the part of the
Lessee herein contained. Notwithstanding any Transfer, the Lessee shall remain fully liable under this
Lease and shall not be released from performing any of the obligations of the Lessee under this Lease.
Any Transfer, A consented to by the Lessor, may at the Lessor's option be documented by the
Lessor or its solicitors, and any and all legal costs and the Lessor's then -standard fee with respect thereto
or to any documents reflecting the Lessor's consent to the Transfer shall be payable by the Lessee on
demand as additional rent.
8.03 No Advertising of Leased Premises
The Lessee shall not print, publish, post, display or broadcast any notice or advertisement to the
effect that the Leased Premises are for lease or for sale or otherwise advertise the proposed sale or lease
of the whole or any part of the Leased Premises and shall not permit any broker or other party to do any of
the foregoing, unless the complete text and format of any such notice, advertisement or offer is first
approved in writing by the Lessor. Without in any way restricting or limiting the Lessor's right to refuse any
text or format on other grounds, any text or format proposed by the Lessee shall not contain any reference
to the rental rate of the Leased Premises.
ARTICLE IX
DEFAULT OF LESSEE
9.01 Right to Re -Enter
When
a) the Lessee shall be in default in the payment of any rent whether lawfully demanded or not and
such default shall continue for a period of five (5) consecutive days; or
b) the Lessee shall be in default of any of As covenants, obligations or agreements under this Lease
or of any term or condition of this Lease (other than its covenant to pay rent) and such default
shall continue for a period of fifteen (15) consecutive days or such longer or shorter period as the
Lessor, acting reasonably, determines after five (5) days written notice by the Lessor to the
Lessee specifying with reasonable particularity the nature of such default and requiring the same
to be remedied;
then and in any of such cases the then current month's rent, together with the rent for the three (3) months
next ensuing shall immediately become due and payable, and at the option of the Lessor, the Terms shall
become forfeited and void, and the Lessor may without notice or any form of legal process whatsoever
forthwith re-enter upon the Leased Premises or any part thereof in the name of the whole and repossess
and enjoy the same as of its former estate, anything contained in any statute or law to the contrary
notwithstanding, provided however, that such forfeiture shall be wholly without prejudice to the right of the
Lessor to recover arrears of rent or damages for any antecedent default by the Lessee of its covenants,
obligations or agreements under this Lease or any term or condition of this Lease and provided further
that notwithstanding any such forfeiture the Lessor may subsequently recover from the Lessee damages
for loss of Rent suffered by reason of this Lease having been prematurely determined, In addition, the
Lessor shall have the right to remove and sell the Lessee's goods and chattels and trade fixtures and
apply the proceeds thereof to Rent due under the Lease.
9.02 Right to Re -Let
Should the Lessor elect to re-enter, as herein provided, or should it take possession pursuant to
legal proceedings or pursuant to any notice provided for by law, it may either terminate this Lease or it
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may from time to time without terminating this Lease, make such alterations and repairs as may be
necessary in order to re -let the Leased Premises, and re -let the Leased Premises or any part thereof as
agent for the Lessee for such term or terms (which may be for a term extending beyond the Term of this
Lease) and at such rental or rentals and upon such other terms and conditions as the Lessor in its sole
discretion may deem advisable; upon each re -letting all rentals received by the Lessor from such re -letting
shall be applied; first, to the payment of any indebtedness other than rent due hereunder from the Lessee
to the Lessor; second, to the repayment of any reasonable costs and expenses of such re -letting,
including brokerage fees and solicitors' fees and of costs of such alterations and repairs; third, to the
payment of rent due as the same may become due and payable hereunder. if such rent received from
such re -letting during any month be less than that to be paid during that month by the Lessee hereunder,
the Lessee shall pay any such deficiency to the Lessor. Such deficiency shall be calculated and paid
monthly. No such re-entry or taking possession of the Leased Premises by the Lessor shall be construed
as an election on its part to terminate this Lease unless a written notice of such intention be given to the
lessee or unless the termination thereof be decreed by a court of competent jurisdiction. Notwithstanding
any such reletting without termination, the Lessor may at any time thereafter elect to terminate this Lease
for such previous breach. Should the Lessor at any time terminate this Lease for any breach„ in addition
to any other remedies it may have, it may recover from the Lessee all damages it may incur by reason of
such breach, including the cost of recovering the Leased Premises, and including the worth at the time of
such termination of the excess, if any, of the amount of rent and charges equivalent to rent reserved in
this Lease for the remainder of the Term hereof over the then reasonable rental value of the Leased
Premises for the remainder of the Term hereof, all of which amounts shall be immediately due and
payable from the Lessee to the Lessor.
9.03 Legal Expenses
In case suit shall be brought for recovery of possession of the Leased Premises„ for the recovery
of rent or any other amount due under the provisions of this Lease, or because of the breach of any other
covenant herein contained on the part of the Lessee to be kept or performed and a breach shall' be
established, the Lessee shall pay to the Lessor all expenses incurred therefor, including reasonable
solicitors' and counsel fees on a solicitor and his client basis.
9.04 Bankruptcy
The Lessee covenants and agrees that 8 the Term or any of the goods and chattels of the Lessee
on the Leased Premises shall be at any time during the Term seized or taken in execution or attachment
by any creditor of the Lessee or ff a receiver, interim receiver or receiver and manager is appointed for the
assets or business of the Lessee or if the Lessee shall make any assignment for the benefit of creditors or
any bulk sale or, becoming bankrupt or insolvent, shalt take the benefit of any Act now or hereafter in
force for bankrupt or insolvent debtors or if any order shall be made for the winding up of the Lessee, or if
the Leased Premises shall without the written consent of the Lessor become and remain vacant for a
period of fifteen (15) days, or be used by any other persons than such as are entitled to use them under
the terms of this Lease, or if the Lessee shall without the written consent of the Lessor abandon or attempt
to abandon the Leased Premises or to sell or dispose of goods or chattels of the Lessee or to remove
them or any of them from the Leased Premises so that there would not in the event of such abandonment,
safe or disposal be sufficient goods on the Leased Premises subject to distress to satisfy the rent above
due or accruing due, then and In every such case the then current month's rent and the next ensuring
three (3) months' rent shall immediately become due and be paid and the Lessor may re-enter and take
possession of the Leased premises as though the Lessee or the servants of the Lessee or any other
occupant of the Leased Premises were holding over after the expiration of the Term and the Term shall, at
the option of the Lessor, immediately without any notice or opportunity for cure provided to the Lessee,
become forfeited and determined, and in every one of the cases above such accelerated rent shall be
recoverable by the Lessor in the same manner as the rent hereby reserved and if rent were in arrears and
the said option shall be deemed to have been exercised it the Lessor or its agents given notice to the
Lessee as provided for herein.
9.05 Lessor May Perform Lessee's Covenants
If the Lessee shall fail to perform any of its covenants or obligations under or in respect of this
Lease, the Lessor may from time to time at its discretion, perform or cause to be performed any such
covenants or obligations, or any part thereof, and for such purpose may do such things upon or in respect
of the Leased Premises or any part thereof as the Lessor may consider requisite or necessary.
All expenses incurred and expenditures made by or on behalf of the Lessor under this Section,
together with an administrative fee equal to fifteen (15%) percent thereon, shall be forthwith paid by the
Lessee to the Lessor on demand as additional rent.
9.05 Waiver of Exemptions from Distress
Despite any applicable Act, legislation or any legal or equitable rule of law: (a) none of the
inventory, furniture, equipment or other property at any time owned by the Lessee is exempt from distress;
and (b) no lack of compliance with any requirement concerning the day of the week, time of day or night,
method of entry, giving of notice, appraising of goods, or anything else, will render any distress unlawful
where the Lessee owes arrears of rent at the time of the distress.
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9.07 Remedies Cumulative
No reference to nor exercise of any specific right or remedy by the Lessor will prejudice or
preclude the Lessor from exercising or Invoking any other remedy In respect thereof, whether allowed at
law or expressly provided for in this Lease. No such remedy will be exclusive or dependent upon any
other such remedy, but the Lessor may from time to time exercise any one or more of such remedies
independently or in combination.
ARTICLE X
OPTION
Option to Renew
The Lessor hereby gives to the Lessee an option to renew this Lease at its expiration, upon the
same terms and conditions, excepting those concerning rent upon which mutual agreement must be
reached by the parties, and provided that:
(i) The Lessee gives written notice to the Lessor of its desire to renew this Lease which
notice must be given to the Lessor not later than October 31, 2024, and
(ii) The parties have, not later than February 1, 2025 reached agreement upon the rent
payable during a renewal term.
It is expressly agreed and understood that 9 mutual agreement upon rent aforesaid is not reached
on or before February 1, 2025 then this Lease shall expire on February 28, 2025 and the Lessee shall
immediately thereafter surrender to the Lessor vacant possession of the Leased Premises.
ARTICLE XI
MISCELLANEOUS
11.01 Overholding
If the Lessee remains in possession of the Leased Premises after the end of the Tenn and without
the execution and delivery of a new lease, there shall be no tacit renewal of this Lease and the Term
hereby granted, and the Lessee shall be deemed to be occupying the Leased Premises as a Lessee from
month to month at monthly rent payable in advance on the first day of each month equal to the sum of one
and one half (114) times the rent payable during the last month of the Term and otherwise upon the same
terms and conditions as are set forth in this Lease, except as to duration of Term, and any right of renewal
mutatis mutandis.
11.02 Successors
This Lease applies to the successors and assigns of the Lessor and, if Article VIII is complied
with, the heirs, executors, administrators and permitted successors and permitted assigns of the Lessee.
If there is more than one party named as Lessee„ they are joiintly and severally liable under this Lease.
11.03 Waiver
Failure by the Lessor to require performance of any term, covenant or condition herein contained
shall not be deemed to be a waiver of such term, covenant or condition or of any subsequent breach of
the same or of any other term, covenant or condition herein contained. The subsequent acceptance of
rent hereunder by the Lessor shall not be deemed to be a waiver of any preceding breach of the Lessee
of any term, covenant or condition of this Lease, other than the failure of the Lessee to pay the particular
rent so accepted, regardless of the Lessor's knowledge of such preceding breach at the time of
acceptance of such rent. No covenant„ term or condition of this Lease shall be deemed to have been
waived by the Lessor, unless such waiver be In writing by the Lessor,
11.04 Accord and Satisfaction
No payment by the Lessee or receipt by the Lessor of a lesser amount than the monthly rent
herein stipulated shall be deemed to be other than on account of the earliest stipulated rent, nor shall any
endorsement or statement or any cheque or any letter accompanying any cheque or payment as rent be
deemed an accord and satisfaction, and the Lessor may accept such cheque or payment without
prejudice to the Lessor's right to recover the balance of such rent or pursue any other remedy in this
Lease provided.
11.05 Entire Agreement
This Lease sets forth all the covenants, promises, agreements„ conditions and understandings
between the Lessor and the Lessee concerning the Leased Premises and there are no covenants,
promises, agreements, conditions or representations, either orae or written, between them other than are
herein and in the said schedules set forth. Except as herein otherwise provided, no subsequent alteration,
amendment, change or addition to this Lease shalt be binding upon the Lessor or the Lessee unless
reduced to writing and signed by them.
11.06 No Partnership
The Lessor does not, in any way or for any purpose, become a partner of the Lessee in the
conduct o1 its business, or otherwise, or joint venturer or a member of a joint enterprise with the Lessee.
11.07 Force Majeure
In the event that either party hereto shall be delayed or hindered in or prevented from the
performance of any act required hereunder by reason of strikes, lock -outs, labour troubles, inability to
procure materials, failure of power, restrictive governmental laws or regulations, riots, insurrection, war or
other reason of a like nature not the fault of the party delayed in performing work or doing acts required
under the terms of this Lease, then performance of such act shall be excused for the period of the delay
and the period for the performance of any such act shall be extended for a period equivalent to the period
of such delay. Notwithstanding anything herein contained, the provisions of this Section 14.07 shall not
operate to excuse the Lessee from the prompt payment of rent, additional rent or any other payments
required by the terms of this Lease, nor entitle the Lessee to compensation for any inconvenience,
nuisance or discomfort thereby occasioned.
11.08 Notices
Any notice herein provided or permitted to be given by the Lessee to the Lessor shall be
sufficiently given it delivered personally to the Common Clerk, or if transmitted by telecopier or H mailed in
Canada, registered and postage prepaid, addressed to the Lessor at: C/O The Common Clerk, The City
of Saint John, P. O. Box 1971, 15 Market Square, Saint John, New Brunswick, E2L 41-1, with a copy to
Real Estate Services, The City of Saint John, P. O. Box 1971, 15 Market Square, Saint John, New
Brunswick, E21- 41-11, and any notice herein provided or permitted to be given by the Lessor to the Lessee
shall be sufficiently given if delivered personally to the party being given such notice or to a responsible
employee of the party being given such notice, or if transmitted by telecopier or if mailed in Canada,
registered and postage prepaid, addressed to the Lessee at the Leased Premises or at its head office at
171 Adelaide Street, Saint John, New Brunswick, E2K 1W9, Attention: Ms. Kit Hickey. Any such
notice given as aforesaid shall be conclusively deemed to have been given on the day on which such
notice is delivered or transmitted or on the third day that there is postal delivery following the day on which
such notice is mailed, as the case may be. Either party may at any lime give notice in writing to the other
of any change of address of the party given such notice and from and after the giving of such notice the
address therein specified shall be deemed to include any request, statement or other writing in this Lease
provided or permitted to be given by the Lessor to the Lessee or by the Lessee to the Lessor. If there is
more than one party named as Lessee, notice to one shall be deemed sufficient as notice to all.
11.09 Place for Payment of Rent
The Lessee shall pay the rent to the Cashiers Office, City Hall, P. O. Box 1971, 15 Market
Square, Saint John, New Brunswick, E21- 41-1 or such other Vocation of which the Lessor gives notice in
writing to the Lessee.
11.10 Approval in Wriling
Wherever the Lessor's consent is required to be given hereunder or wherever the Lessor must
approve any act or performance by the Lessee, such consent or approval, as the case may be, shall be
given in writing by the Lessor before same and shall be deemed to be affective.
11.11 Governing Law
The Lease is to be governed by and construed according to the laws of the Province of New
Brunswick.
11.12 Captions and Section Numbers
The captions, section numbers and article numbers appearing in this Lease are inserted only as a
matter of convenience and in no way define, limit, construe or describe the scope or intent of such
sections or articles or of this Lease, nor in any way affact this Lease.
11.13 Partial Invalidity
If any tern, covenant or condition of this Lease or the application thereof to any person or
circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Lease and/or the
application of such term, covenant or condition to persons or circumstances other than those as to which it
is held Invalid or unenforceable, shall not be affected thereby and each term, covenant or condition of this
Lease shall be separately valid and enforceable to the fullest extent permitted by law.
11.14 No Option
The submission of this Lease for examination does not constitute a reservation of or option for the
Leased Premises and this Lease becomes effective as a Lease only upon execution and delivery thereol
by the Lessor and the Lessee.
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11.15 Time To ge of the Essence
Time shall be of the essence of this Lease.
11.16 Riders and Schedules
Schedules attached hereto form part of this Lease.
Form 45
AFFIDAVIT OF CORPORATE EXECUTION
Land rhes Act, S.N.B. 1981, c.L-1.1, s.55
Deponent:
Office Held by Deponent:
Corporation:
Other Officer Who Executed
the Instrument:
Office Held by Other Officer
Who Executed the Instrument:
Place of Execution:
Date of Execution:
Jonathan A. Taylor
The City of Saint John
P.O. Box 1971
Saint John, NB P2L 41-1
Common Clerk
The City of Saint John
W. Donald (Don) Darling
The City of Saint John
P.O. Box 1971
Saint John, NB >w21 -4L1
Mayor
City of Saint John
2020
I, Jonathan A. Taylor, the deponent, make oath and say:
1. That i hold the office specified in the corporation specified above, and am authorized to
make this affidavit and have personal knowledge of the matters hereinafter deposed to;
2. That the attached instrument was executed by me and the other officer specified above,
as the officers duly authorized to execute the instrument on behalf of the corporation;
3. That the seal of the corporation was affixed to the instrument by order of the Common
Council of (The) City of Saint John;
4. That the instrument was executed at the place and on the date specified above.
5. The corporation has no shareholders.
SWORN TO at the City of Saint John, )
in the County of Saint John, Province )
of New Brunswick on the day of )
,2020 )
Before me:
Jonathan A. Taylor
Commissioner of Oaths )
Being a Solicitor )
Form 45
AFFIDAVIT OF CORPORATE EXECUTION
Land Tltles Act, S.N.B. 1981, c.L-1.1, s. 55
Deponent:
Office Held by Deponent:
Other Deponent:
Office Held by Other Deponent:
Corporation:
Place of Execution:
Date of Execution:
Housing Alternatives Inc.
Saint John, New Brunswick
2020
i, , the deponent, make oath and say:
I . That I hold the office specified in the corporation specified above, and am authorized to
make this affidavit and have personal knowledge of the matters hereinafter deposed to;
2. That the attached instrument was executed by me and the other officer specified above
as the officers duly authorized to execute the instrument on behalf of the corporation;
3. That the seal of the corporation specified above was affixed to the instrument;
4. That the instrument was executed at the place and on the date specified above;
5. That the ownership of a share of the corporation does not entitle the owner thereof to
occupy the parcel described in the attached instrument as a marital home.
-or-
s. That the corporation has no sharehol4ers.
SWORN TO at the City of Saint John )
County of Saint John, and Province of )
New Brunswick, on the day of )
2020 }
Commissioner of Oaths }
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COUNCIL REPORT
M&C No.
2019-035
Report Date
January 17, 2020
Meeting Date
January 27, 2020
Service Area
Transportation and
Environment Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: Transit Redesign Sustainability Item — Award of Consulting
Engagement
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Commissioner/Dept. He
City Manager
Stephanie Rackley -Roach
Marc Dionne
John Collin
RECOMMENDATION
It is recommended that Common Council:
a) Endorse the Saint John Transit: Operational Audit (Transit Redesign) —
Sustainability Item as an option to be considered in addressing the
entirety of the deficit in 2021 and 2022; and
b) Accept the proposal submitted by Stantec for 2019-092209P - Saint John
Transit: Operational Audit at a cost of $99,895.00 plus HST and that the
Mayor and Common Clerk be authorized to execute the necessary
contract documents.
EXECUTIVE SUMMARY
One of the sustainability items being explored is the reduction of the subsidy to
Saint John Transit of up to $2 Million. Given the complexity of the project and
the need for expertise in transportation planning and transit operations, an
external consultant is being recommended to complete stakeholder
engagement, data collection, analysis, and redesign of the transit system to
achieve these savings while minimizing the impact on service. The objective will
be to maintain or improve service on main routes and those routes providing
access to the city's priority neighbourhoods by investigating innovative
approaches to service delivery.
A Request for Proposals (RFP) seeking qualified professional consulting services
to complete an audit of transit operations was issued on November 19, 2019 to
-2 -
redesign service offerings that will result in a reduction to the Transit subsidy
provided by the City. The proposal submitted by Stantec was ranked highest
based on the evaluation criteria by the team and met all the requirements set
forth in the RFP. Funding for this work will be provided by the City as part of the
restructuring budget available to support sustainability efforts.
PREVIOUS RESOLUTIONS
On October 7, 2019, it was resolved by Common Council to receive and file M&C
2019-249: 'Sustainability: Addressing the Deficit 2021-2022'.
REPORT
As part of the City's sustainability efforts to address the City's projected $10
Million budget deficit in 2021 and 2022, operating cost reductions and revenue
generating options are being evaluated across all service areas, including those
of the City's agencies, boards, and commissions (ABCs). One of the options being
considered is a decrease to the subsidy provided to Saint John Transit to run
operations.
In addition to $4.86 Million in revenue generated by Saint John Transit in 2018,
the City provides an operating subsidy of approximately $5.63 Million and $2
Million for debt related costs (projected for 2020). The targeted budget
reduction is up to $2 Million in City funding, resulting in service changes that will
need to be implemented by November 30, 2020.
A Request for Proposals (RFP) was issued on November 26, 2019 to engage a
consultant to complete an operational audit of Saint John Transit's service
offerings and operations to achieve efficiencies and savings. The scope of work
outlined in the RFP includes the requirement for an implementation plan to
ensure service changes and savings are realized and incorporated into the 2021
and 2022 operating budgets. More specifically, work carried out by the
consultant will include the following activities to achieve these objectives:
• Hold kick-off meetings with the Transit Commission (at least one with the
Board and one with key employees) to discuss objectives, process, and
garner input.
• Conduct a baseline review of Saint John Transit's current service
offerings, routing, and internal operations.
• Hold at least one (1) public stakeholder forum to launch the initiative,
discuss the process that will be utilized to achieve the expected outcome,
and solicit initial feedback from the general public.
• Develop a vision and principles for redesign using results from
engagement efforts and existing conditions analysis, and in coordination
with the project team, that addresses the service and budget realities
outlined in this RFP.
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• Complete routing analysis and develop recommended routing options
that ensures timely service on main routes and to priority
neighbourhoods in order to reduce operating costs.
• Evaluate other service offerings of Saint John Transit, including but not
limited to, Comex, handi-bus (accessibility), charter bus, and city tours, to
identify changes that ensure cost effectiveness.
• Evaluate internal operations (i.e., dispatch, mechanical garage) that
support the delivery of public facing services to reduce costs.
• Evaluate the benefit and costs related to transitioning the Saint John
Transit Commission into a service area within the City's corporate
structure, rather than delivering services on behalf of the City as a
commission. Compare the proposed corporate structure with the current
model.
• Develop full operating costs associated with each recommendation
presented.
• Conduct a second public stakeholder forum to present the
recommendations to obtain feedback prior to implementation.
• Provide recommendations for routing, service changes, operations, and
structure that incorporates public feedback (as appropriate) along with a
timeline for implementation and a public communications plan to meet
budget objectives for 2021 and 2022, including any provisions to grow a
sustainable Transit service long term.
The Transit Commission will manage the engagement with the successful
proponent, with a supporting team and assistance from the City as appropriate.
Confirming the scope outlined in the RFP and timelines, gathering data, affording
input, and providing acceptance of the consultant's recommendation will be led
and managed by the Commission. The Commission will also provide access and
support to the consultant in any engagements required with key stakeholders.
RFP Evaluation and Selection Process
The RFP closed on December 19, 2019 with six (6) responses. An evaluation
team comprised of members of the Saint John Transit Commission and the City's
Sustainability Team reviewed and rated the proposals based on the following
criteria:
1. Quality and Completeness
2. Proponent's Experience
3. Experience and Qualification of Key Personnel
4. Proposed Approach
5. Cost
The proposal submitted by Stantec was ranked highest based on the evaluation
criteria by the team and met all the requirements set forth in the RFP.
The above process is in accordance with the City's Procurement Policy and
Materials Management supports the recommendation being put forth.
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STRATEGIC ALIGNMENT
The savings that will be realized through the implementation of
recommendations identified through the Saint John Transit: Operational Audit
(Transit Redesign) supports Council's Priority to be Fiscally Responsible by
contributing to the overall Sustainability effort.
SERVICE AND FINANCIAL OUTCOMES
The total cost for the engagement of consulting services for the Saint John
Transit: Operational Audit is $99,895 plus HST. Funding for the audit is being
provided through the City's restructuring budget as it relates to sustainability.
The investment in consulting services to review the service offerings and
operations of Saint John Transit are expected to result in savings to the City of up
to $2 Million annually in 2021 and 2022.
A reduction in subsidy to the Transit Commission will have an impact on service
delivery. The objective of the audit is to minimizing the impact in order to
maintain or improve service offerings in key areas while achieving a cost-
effective service for the public. The primary focus will be on main routes where
ridership is highest and routes providing access to the transit system in the City's
priority neighbourhoods.
Service changes may include design improvements to existing routes, design of
new routes, route eliminations, and proposed new service options. The
consultant is encouraged to provide the Commission with innovative approaches
to providing public transit by exploring alternate service delivery models (i.e., on -
demand).
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
The City's Materials Management team managed the procurement process.
Materials Management has reviewed the report and is supportive of the
recommendation.
Members of the Transit Commission, as well as its Board, reviewed the report
and are supportive of the recommendation. The Board welcomes the review
and is looking forward to implementing service improvements that will best
meet the needs of the public while realizing efficiencies.
ATTACHMENTS
Appendix: Initiative Criteria Evaluation
liRX
Appendix: Initiative Criteria Evaluation
100
80
60
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C6
40
20
0
Relative Evaluation of Sustainability Initiatives based on Impact and Financial Target
Financial Farget
Evaluation Notes on Transit Redesign:
• Vibrant, Safe City / Valued Service Deivery: Will have an impact on service delivery; however, the
objective of the audit is to minimizing the impact in order to maintain or improve service
offerings in key areas while achieving a cost-effective service for the public.
Note: Evaluated initiatives that fall within the yellow and green areas should be considered as options to address
the 2021 and 2022 deficit. Initiatives that fall close to the red should only be considered if there are no other
options to address the deficit.
Sustainability Initiatives Evaluated as of January 27, 2020 (Not including Continuous Improvement Items)
1. Passport to Parks
2. Lifeguards (Not added to hopper)
3. Rightsizing Recreation Facilities - Rainbow Park
Ice Surface
4. Rightsizing Recreation Facilities - Seaside Park
Lawn Bowling
5. Playground Program
6. Fire Service Fee Recovery
7. Permit and Development Approval Fees Increases
8. Grants & Incentives
9. Growth Reserve Fund
10. Non -Resident Differential Parking Fees
11. Monthly Parking Increase
12. Parking Ticket Increases
13. On -Street Parking Increase
14. Recreation Subsidies
15. Winter Street Maintenance
16. Economic Development Agency Funding
Weli
17. Arena Closure
18. Freeze CPI Adjustments for Inflation
19. Adelaide Street Facility
20. Goods and Services Budget for Mayor & Council
(Not yet presented)
21. Fire Light Vehicle Response — Medical Calls
22. Transit Redesign
23. Community Centres
COUNCIL REPORT
M&C No.
2020-21
Report Date
January 22, 2020
Meeting Date
January 27, 2020
Service Area
Saint John Water
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: West Saint John Drinking Water Transition Schedule Update #2
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Commissioner/Dept. Head
City Manager
Dean Price/James
Margaris
Brent McGovern
John Collin
RECOMMENDATION
It is recommended that Council receive and file this report.
EXECUTIVE SUMMARY
The purpose of this report is to provide Council with an update regarding the
timeline and transition risks associated with the commissioning of the interim
water pumping station that will support the delivery of drinking water from the
new Loch Lomond Drinking Water Treatment Facility to Lower West, Milford,
Randolph, Fundy Heights, Duck Cove and Sand Cove neighbourhoods.
Work is scheduled to be completed on the interim water pumping station in
approximately the next week or two. Saint John Water and the contractor will
commission the new pumping station and are planning to enter it into service
shortly thereafter during the month of February 2020.
The Communications Department will mail notices to west side water customers
who will be experiencing a transition in their drinking water source prior to the
transition occurring to provide them with advance notice of the upcoming source
change. Once the drinking water transition occurs notice will be provided publicly
via a media release.
PREVIOUS RESOLUTIONS
On November 19, 2019, Common Council received and filed an update on the
project in M&C No. 2019-300.
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On August 19, 2019, Common Council resolved to accept the proposal of Fairville
Construction Ltd. for the purchase of a new Packaged Pumping Station at a cost of
$466,000 plus HST in M&C No. 2019-212.
On July 29, 2019, Common Council resolved to approve an adjustment to the 2019
Water & Sewerage Utility Fund Capital Program to establish a new project entitled
Fallsview Drive — Interim Booster Pump Station, with a budget of $575,000
($525,000 net cost after HST rebate) with the overall 2019 Water & Sewerage
Utility Fund Capital Program to remain at the original approved envelope amount
as the Fallsview Drive — Interim Booster Pump Station project will be offset from
a $525,000 budget surplus from the Metcalf Street project. Also in the same
report (M&C No. 2019-189), Common Council resolved to award tender No. 2019-
081204T: Package Pump Station — Civil Works, in the amount of $228,107.66 plus
HST to Keel Construction Ltd.
On July 8, 2019, Common Council resolved that the City implement the interim
solution described in M&C No. 2019-168 "South Bay Wellfield Performance" to
supply water from the Loch Lomond Drinking Water Treatment Facility to Lower
West, Milford, Randolph, Fundy Heights, Duck Cove and Sand Cove
neighbourhoods, while it develops a long-term solution to ensure a sustainable
supply of safe, clean drinking water for West Saint John.
STRATEGIC ALIGNMENT
Saint John invests in sustainable City services and municipal infrastructure.
SERVICE AND FINANCIAL OUTCOMES
N/A
REPORT
The project to deliver drinking water from the new Loch Lomond Drinking Water
Treatment Facility to Lower West, Milford, Randolph, Fundy Heights, Duck Cove
and Sand Cove neighbourhoods has progressed well considering the very short
schedule for such a significant undertaking.
The construction of the interim or packaged water pumping station is nearing
completion. The station has been delivered to site and connected to power and
water. The contractors are completing some minor items onsite at this time to
prepare for testing. Testing of the pumps and all the other equipment is underway
or soon to be underway.
At this time, Saint John Water team members are conducting final checks and
maintenance on the water transmission system that will deliver water to the
pumping station. Pipes will then be flushed and tested before the station is
commissioned and entered into service. Staff are also integrating the new station
so that it will communicate with the other critical equipment and facilities in the
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water network. Once this programming is completed, the station will undergo
required additional testing. Testing and commissioning of equipment and
integrated system should take 2 to 3 weeks to complete.
Timeline
A public call for proposals was issued June 25, 2019 for a packaged pumping
station that includes the provision of all labour, materials and equipment required
to provide a complete packaged pumping system housed in a portable
prefabricated building.
A civil works tender package was approved by Council on July 29, 2019.
The pumping station was delivered to the site on January 6, 2020 at Riverview
Avenue West, close to the end of Fallsview Drive, which is within view of Reversing
Falls Bridge. Pipes and other wires were connected to the station by January 10,
2020 and the power was hooked up by Saint John Energy on January 14, 2020.
Installation work is scheduled to be completed shortly with commissioning and
entering into service the new interim pumping station shortly thereafter and
currently scheduled to occur as soon as February 12, 2020 or by the end of
February 2020. Once the drinking water transition occurs notice will be provided
publicly via a media release.
Once the new pumping station is commissioned, water will begin to flow from the
new Loch Lomond Drinking Water Treatment Facility to the neighbourhoods of;
Lower West, Milford, Randolph, Fundy Heights, Duck Cove and Sand Cove.
Transition Risk & Mitigation Factors
It is anticipated that the purging of well water from the distribution system and
replacement with drinking water from the Loch Lomond Drinking Water
Treatment Facility will occur within approximately 2 weeks once the transition
happens. During this transition period, customers may notice an aesthetic change
in taste of the water and although the chlorine levels in both systems are very
similar (approximately 1 mg/L) some customers may notice a change in chlorine
smell.
Although both water supplies presently meet all Guidelines for Canadian Drinking
Water Quality, both health -based and aesthetic, the change in mineral content
(hardness) between the two water supplies may be noticeable. Specifically, as the
water transitions from the South Bay Wellfield drinking water to drinking water
from the Loch Lomond Drinking Water Treatment Facility customers may
experience periods when small white solids (or flakes) are apparent in their water
due to the pre-existing descaling of hardness minerals (calcium carbonate). This
descaling of minerals may be more apparent with a customers' hot water system
(coming from the hot water tank) since there tends to be a larger concentration
`SLI
of calcium carbonate buildup on the elements of a hot water heater. This
descaling should slowly flush itself from the system as the transition proceeds.
Furthermore, with the change in hardness levels, customers will notice an increase
in soap suds formed when washing with soap and shampoo.
For west side customers who have chosen to install water softeners, they will not
be required to soften the new Loch Lomond drinking water source as the hardness
level of that supply is considered soft. It is recommended that customers bypass
their softeners to avoid the unnecessary expense.
In preparation of the west water supply switch, Saint John Water has been slowly
increasing the levels of orthophosphate in both the Loch Lomond and South Bay
Wellfield drinking water systems. As mentioned in the past, orthophosphate is
used in both water systems as a means to control potential pipe corrosion that
may occur. This mitigating step further protects both the distribution and premise
piping systems from corrosion. Once the water has fully transitioned,
orthophosphate levels will slowly be reduced to normal operating levels. It should
be noted that the pH of both water systems (Loch Lomond and South Bay) are
relatively similar and compatible.
To further evaluate any effects of this transition, pipe racks were installed in both
(east and west) water systems to evaluate the effects of copper corrosion. The
data collected to date indicates that there is very little difference between the two
water sources with respect to copper corrosion. Furthermore, the harvested west
copper pipe exposed to east water over the last 11 months has not exhibited an
increase in copper corrosion and no pipe leaks have been observed. With this
data, there is no reason to believe that negative effects related to copper piping
will occur.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
The City's Communications Department has developed public communications
that will be used to further inform the west side customers who will be
experiencing a transition in their drinking water source. Communications methods
to inform residents will include social media, traditional media, website, and direct
mail shortly before the drinking water transition. Updates to the common Q&A
section on the City's website, under www.saintjohn.ca/westsidewater, will be
made to help address any questions customers may have. In addition to this, the
City's customer service contact information will be provided for those who wish
to reach us by phone or email.
ATTACHMENTS
N/A
COMMON COUNCIL REPORT
2020-39
Report Date January 23, 2020
Meeting Date January 27, 2020
Service Area Public Safety Services
SUBJECT: Emergency Response Simulation Theatre Project
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Commissioner/Dept. Head
City Manager
Fire Chief Kevin Clifford
Deputy Fire Chief Mike Carr
Fire Chief Kevin Clifford
John Collin
RECOMMENDATION
It is recommended that Common Council:
• Approves the proposed renovations to the soon to be vacated Fire
Prevention Division located in the second level office space next to the
Saint John Emergency Operations Centre (EOC) for the purpose of
establishing an emergency planning, preparation, response and testing
simulation theatre.
• Award a contract as presented by ADMS simulation (Attachment C) for
the purpose of providing the City of Saint John with simulation
equipment that will support the development of a comprehensive
emergency planning, preparation, response and testing simulation
theatre.
• Approves the adjustment to the 2020 Capital Budget for the purchase of
the Emergency Planning, Preparedness, Response Testing Simulation
Project based on the appropriateness of the attached business case for a
total of $571,385.
• Approves the local acquisition of the furniture, monitors and other
related electronic equipment necessary for the simulation theatre from
the CAER contribution received from Canaport LNG.
EXECUTIVE SUMMARY
Planning for emergencies is mandated by the Emergency Measures Act of the
Province of New Brunswick and is mirrored in the City of Saint John Emergency
Measures By-law. All CSA standards relevant to emergency preparedness and
response such as CSA Z731 and CSA Z1600 have imbedded a section that
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requires training and exercises to evaluate the effectiveness of emergency
response plans. Without affirmation that emergency response plans will be
effective, the plans created for compliance by stakeholders become only
administrative. One challenge within the City of Saint John is the unprecedented
number and diversity of industrial and weather-related hazards within the
community that require tailored training and exercising to promote a successful
response to a hazard event. Therefore, effective planning, preparedness, and
response to emergencies are dependent on the ability of the community to
validate its various emergency response plans and identify improvement
opportunities, ultimately increasing public safety.
Council through numerous resolutions has supported the fire service's
Community Awareness Emergency Response (CAER) concept. CAER advocates
for a structured methodical approach to emergency preparedness base on
principles of High Reliability Organizations — HRO (attachment A), The creation
of an Emergency Planning, Preparedness, Response and Testing Simulation
Theatre is a critical step in ensuring emergency responses competence is at a
level this community expects.
The Simulation Theatre Project is being advanced during this significant period of
austerity as a result of the following opportunity and rational:
1. The new deal with Pt Lepreau provides the financial resources and
enriches the collaborative approach between industry and municipality
on emergency plans. NB Power and Canaport LNG are models for other
entities requiring emergency plan affirmation. Pt Lepreau and CanaPort
could be the catalyst for enriching the planning, preparation and
response capability of this community.
2. Changes to the Environmental Emergencies Regulations present an
opportunity for further voluntary participation of industry and additional
revenue.
3. Municipal restructuring dictates a more efficient/more effective
approach to emergency planning, preparation and response testing.
SJFD/SJEMO will be adopting one format/one model for conducting and
participating in emergency response plans review.
4. Introduces SJEMO/Saint John Fire Emergency Response Planning format
to the community.
The Emergency Planning, Preparedness, Response, Testing Simulation Theatre
project has three main components.
1) Renovation of space at No. 1 Fire Station ($172,714)
2) Purchase of the Advanced Disaster Management Simulator (ADMS)
computer/software components ($386,921— Net HST after rebate)
3) Council support to use a portion ($32,545) of CanaPort CAER donation
($45,000) to acquire furniture, monitors and electronics for the
simulation theatre.
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The Financial and Public Safety Business Case for advancing this project are valid.
• Revenue:
o Actual Pt Lepreau $1,489,811
• Expense:
o Debenture Pymts $631,380
• Safer community and more effective use of emergency planning
resources.
It is important to note that Saint John Fire Department representatives made an
urgent appeal to NB Power for an even higher value within the backup fire
response agreement. NB Power considered the appeal; however, after review,
they offered that the proposed amount of $142,163 was as high as they could go
and that they could not extend any further on the value. NB Power did share
that all six of the nuclear facilities across Canada have some level of backup
response agreement with their neighbouring communities. Of the six facilities
only two pay a fee for the backup fire response support; and the new amount as
tentatively agreed between Saint John and Pt Lepreau represents the highest
cost that any of the facilities are paying on a per reactor basis.
The Advanced Disaster Management (ADMS) Simulator
ADMS was selected through an RFP process to provide highly effective training
for relevant scenarios resulting in better knowledge of Standard Operating
Procedures and Command and Control skills for multi -agency response and
coordination. ADMS is an interactive and dynamic virtual reality training
platform utilizing artificial intelligence, and physics -based effects and models
embedded in the system. Real-time insight into the effects of participants'
decisions is immediately identified as the simulation demonstrates the
consequences of their decisions. This higher-level experience makes ADMS an
effective tool for planning, rehearsing, assessing, and enhancing the skills of the
participants required to manage incidents and disasters. The principle
advantages of ADMS include:
• Decreased operational and training costs
• Increased learning retention and on -scene performance
• Ability to train anytime without disruption to daily operations
• Reduced safety concerns for trainees, staff, and the environment
• Ability to create scenarios based on exact circumstances
• Structured and objective scoring and assessment capabilities
• Control over the entire exercise process by the instructional staff
• Increase the efficiency of training more people, more frequently, for
more incidents
The simulation technology examined as part of this RFP process is capable of
replicating hundreds of emergency environments including human, accidental or
intentional acts; natural weather events; industrial incidents at fixed sites; or
across the whole transportation network be it roads, rail, marine, or air traffic.
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The simulation theatre can provide numerous emergency planning,
preparedness and response testing environments specific to Saint John including
threats to public facilities like the City Market/City Hall, Hospitals, Schools, High
Rise properties, Nursing Homes, and Public Assembly Events like the night
market or public assembly events at Harbour Station or Imperial Theatre to
name a few.
PREVIOUS RESOLUTION
Since 1982 Common Council has approved through a resolution the long-
standing agreement with NB Power to provide backup emergency response to
the Pt Lepreau Nuclear Generator facility. In addition to an enhanced fee for
service, the new agreement presented today provides greater opportunity for
Saint John Firefighters to maintain the necessary competence to respond to the
Nuclear Generating Facility. The incremental change in the agreement presents a
significant opportunity to enhance community safety.
The City of Saint John Work Plan received by Council February 20th, 2017 - the
Fire Department's immediate objective is to more fully engage key stakeholders,
particularly industry and businesses, to introduce CAER, a community-based
initiative to enhance public safety through more effective emergency response
planning and preparation.
In April of 2017 Common Council resolved to authorize the Saint John Fire
Department to approach the community's industrial stakeholders to determine
their interest in becoming a Saint John Fire Department CAER Partner.
In November 2019 Common Council approved the relocation of the Fire
Prevention Division for the purpose of advancing the Community Awareness
Emergency Response Initiative. The goal of this particular project is to utilize
simulation technology to enable first responder and industry collaboration in a
pressurized environment to test the effectiveness of emergency response plans
as well as the competence of the emergency responder decision -makers. It is
proposed that the ideal location for the CAER simulation theatre is the office
space adjacent to the Emergency Operation Centre (EOC) in Fire Station 1 on
Leinster Street. This space is currently occupied by the Fire Prevention and
Investigation Division.
January 13th, 2020 Council received during open session staff work priorities for
2019 and noted the following. Plans were underway on the development of a
more robust emergency management policy/ a complete risk assessment of city
facilities and work places is complete and / that work was beginning on doing a
risk assessment of public facilities and communities. The simulation project
provides significant support to each of these noted priorities.
REPORT
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The City of Saint John has experienced a diverse list of emergency incidents
during recent years. The emergency events have occurred across the broad
spectrum of incident types (Wind, Ice, snow, flood, and industrial incidents) have
pushed this community to the limit over the past five years. Severe weather
events are looming as the "new norm" for much of Eastern Canada. Indeed, the
Federal Government's focus on climate change adaptation plans is another
indicator that we need to be prepared for the new reality.
Meanwhile, Saint John City Council's recognition of the need for a safe and
secure workplace emphasizes the concern that we need to be prepared for
threats that occur as a result of human behaviour. Confirmation of this
important diligence has been tragically highlighted through recent incidents in
Fredericton and Moncton.
The business case for supporting the creation of an emergency planning,
preparedness, and response simulation theatre is founded on the combination
of recent and historical emergency incidents as well as changes to climate and
human behaviour. This community does not have to rely on extreme
probabilities as a motivation to host a better planning and preparation
environment for emergency incidents; this community simply needs to look at
recent history to understand the urgency in having our first responders and
community properly prepared for the hazard/risk profile that exists within the
Saint John landscape.
In addition to the concern about weather and human behaviour incidents, The
City of Saint John has an industrial hazard risk profile unlike any other city in
Atlantic Canada. In fact, it has a greater industrial hazard risk profile than many
other larger urban Centres across Canada. Accessibility to tidal waters and the
natural proximity to the North American East Coast market provided much of the
incentive for the industrial investment that represents much of our community's
diverse hazard risk profile. The 1967 amalgamation of three separate urban
planning Centres along with the unabridged urban encroachment near
established industrial centres has helped create the hazard/risk landscape that
exists within the Saint John Community. The hazard/risk profile is not only
diverse but further complicated in that the hazard/risk facilities are integrated
within the urban setting. This reality presents numerous challenges with respect
to emergency planning, preparation and response competence at the strategic
and tactical levels.
Our current emergency planning and preparation efforts as it relates to the
natural, human and industrial risk profile, needs to be advanced using modern
technology, such that a more strategic, structured, methodical, and integrated
approach to the emergency planning, preparation and response meets the
expectations of our community.
Why Simulation Technology At This Time?
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During periods of austerity, it is critical to identify opportunities to align
efficiency decisions with effectiveness decisions. If indeed emergency services
are reduced as a result of the restructuring exercise that the City has
undertaken, it will be even more important for emergency officials to have an
effective planning, preparation and responses exercise regime. Simulation
technology is proven as a realistic and cost-effective means to properly prepare
for random emergency events. The frequency of emergency incidents is
increasing, and the need for communities to properly plan and prepare to ensure
a competent response, is a cornerstone to the role of municipal leaders.
Simulation technology with artificial intelligence provides municipal Emergency
Management Officials with an emergency planning and preparation environment
that truly replicates reality. Participants in simulation testing are challenged on
their knowledge with respect to a given emergency response plan and are
further tested on their ability to make decisions in a time -pressured urgent
environment. The simulation technology examined as part of this RFP process is
capable of replicating hundreds of emergency environments including human
accidental or intentional acts; natural weather events; industrial incidents at
fixed sites; or across the whole transportation network be it roads, rail, marine,
or air traffic.
The renewal of the long-standing emergency response agreement with NB
Power provides the financial resources to attain the identified simulation
technology. The incremental revenue from the new agreement will cover the
full cost of the simulator theatre across the term of the agreement. It is
important to note that in preparing their revenue projection for 2020, the fire
service did not budget for any revenue from the expired NB Power contract
given the possibility that the agreement would not be renewed. To this end, the
full amount of the yearly contract is unplanned revenue moving forward, far
exceeding the cost of the simulation theatre project.
In addition to the revenue solution from the NB Power contract, recent changes
to the Canadian Environmental Protection Act places significant emphasis on
hazard facilities to sustain emergency response plans and to create an
appropriate emergency exercise calendar. This is a significant change for a
number of these municipal hazard sites. To this end, Saint John Fire/Saint John
Emergency Measures Organization are developing specialized exercise design
competence (Per CSA Standard) to complement our extraordinary Emergency
Scene Command and Control experience (Using Incident Command System
Canada Ideology). The combination of exercise design competence, proven
emergency management experience, and the proposed simulation theatre
presents an emergency planning, preparation and response consumer package
unequal in Eastern Canada. We have already received expressions of interest to
be engaged (for a fee) with our proposed program. Our modest estimate on
potential annual revenue from providing a comprehensive emergency planning,
preparation and exercise testing solution begins at $100,000.
Wel
THE SIMULATION THEATRE PROJECT
The Simulation Theatre Project as a whole has an estimated cost of $603,930.
There are three components to the simulation theatre that council is being asked
to consider:
1) Renovation of the soon to be vacated fire prevention office at No 1
Fire Station located next to the City of Saint John Emergency
Operations Centre. The Architectural estimate is $172,714
(Attachment B)
2) Purchase of Advanced Disaster Management Simulator (ADMS)
components at a cost of $386,921— after HST rebate (Attachment C)
3) As part of the project endorse the local acquisition of furniture,
monitors and other related electronic equipment ($32,545) necessary
for the simulation theatre from the $45,000 CAER contribution
received from Canaport LNG. (Attachment E)
PAYING FOR THE SIMULATOR THEATRE PROJECT
A cash flow analysis clearly indicates that the stream of revenue created by the
NB Power Agreement will cover the obligations as presented by issuing a
debenture through the Province. Further explanation of the cash flow
component of the project provides the following,
1) Issue a five year debenture through the Province. Finance and Fire
reviewed the cost proposed to lease to own the equipment or to borrow
for the equipment. Based on a very conservative borrowing estimate of
3.5 % over 5 years, it was clear that borrowing would be the most fiscal
option. By borrowing the money to facilitate the simulation theatre
project the City is going to save more than $25,000 as opposed to
entering into a lease agreement.
2) The NB Power revenue stream (protected from CPI and wage
settlements) exceeds the full cost of borrowing for the simulator theatre
project by $850,000 See table on next page.
3) The emergency planning, preparedness and response simulator has great
potential to provide training income. SJFD/SJEMO projects $100,000 of
new revenue (annual beginning 2021) as a result of providing emergency
planning, preparedness and response exercises through the simulation
theatre.
5 yr Debenture for Simulation NB Power Pt LePreau Revenue Received
Theatre Project: $571,385 at 3.5 % (1% CPI Adjustment each Year)
WIN
IMMERSION SIMULATION & ADMS-COMMAND TRAINING SYSTEM
Immersive Simulations
The Justice Institute of British Columbia (JIBC) defines emergency management
exercises as a simulation of an emergency event used to validate capabilities,
plans, processes, policies, and procedures. Immersive simulations are exercises
that use technology to realistically model how an emergency scenario would
unfold in response to the participant's decision-making. They are scalable,
allowing individuals, teams, agencies, and industry stakeholders to exercise
together, thus promoting interoperability. Advancements in technology have
enabled immersive simulations to reduce costs associated with the number of
resources, both personnel and equipment, needed to facilitate realistic multi -
stakeholder environments. Immersive simulations are becoming mainstream
because they:
• Decrease the learning curve for participants when facing a real
emergency
• Provide a venue for participants to practice their responses
• Recreate specific situations on demand
• Provide a means for all staff to be trained in a consistent way
• Validate and augment training in a specific skill set or procedure
Advanced Disaster Management Simulator (ADMS)
ADMS was selected through an RFP process to provide highly effective training
for relevant scenarios resulting in better knowledge of Standard Operating
`IN
Response
Training
2020
0
64,620 (10 months)
53,849 (10 months)
2021
134,276
78,319
65,265
2022
130,276
79,102
65,918
2023
126,276
79,893
66,577
2024
122,276
80,692
67,243
2025
118,276
81,499
67,915
2026
0
82,314
68,594
2027
0
83,137
69,280
2028
0
83,969
69,973
2029
0
84,808
70,672
2030
0
14,276
11,896
631,380
812,629
677,182
812,629
$ 1,489,811
$631,380
NET
$ 858,431
IMMERSION SIMULATION & ADMS-COMMAND TRAINING SYSTEM
Immersive Simulations
The Justice Institute of British Columbia (JIBC) defines emergency management
exercises as a simulation of an emergency event used to validate capabilities,
plans, processes, policies, and procedures. Immersive simulations are exercises
that use technology to realistically model how an emergency scenario would
unfold in response to the participant's decision-making. They are scalable,
allowing individuals, teams, agencies, and industry stakeholders to exercise
together, thus promoting interoperability. Advancements in technology have
enabled immersive simulations to reduce costs associated with the number of
resources, both personnel and equipment, needed to facilitate realistic multi -
stakeholder environments. Immersive simulations are becoming mainstream
because they:
• Decrease the learning curve for participants when facing a real
emergency
• Provide a venue for participants to practice their responses
• Recreate specific situations on demand
• Provide a means for all staff to be trained in a consistent way
• Validate and augment training in a specific skill set or procedure
Advanced Disaster Management Simulator (ADMS)
ADMS was selected through an RFP process to provide highly effective training
for relevant scenarios resulting in better knowledge of Standard Operating
`IN
-9 -
Procedures and Command and Control skills for multi -agency response and
coordination. ADMS is an interactive and dynamic virtual reality training
platform utilizing artificial intelligence, and physics -based effects and models
embedded in the system. Real-time insight into the effects of participant's
decisions is immediately identified as the simulation demonstrates the
consequences of their decisions. This higher-level experience makes ADMS an
effective tool for planning, rehearsing, assessing, and enhancing the skills of the
participants required to manage incidents and disasters. The principle
advantages of ADMS include:
• Decreased operational and training costs
• Increased learning retention and on -scene performance
• Ability to train anytime without disruption to daily operations
• Reduced safety concerns for trainees, staff, and the environment
• Ability to create scenarios based on exact circumstances
• Structured and objective scoring and assessment capabilities
• Control over the entire exercise process by the instructional staff
• Increase the efficiency of training more people, more frequently, for
more incidents
Currently, the City of Saint John is faced with a multitude of possible emergency
scenarios with varying degrees of stakeholder preparedness and inconsistent
formats of emergency response plans. The only way to ensure these plans will
be effective is through realistic training scenarios utilizing simulation. The ADMS
training system would facilitate the validation of stakeholder emergency
response plans in a cost-effective manner, supporting compliance and increasing
public safety.
STRATEGIC ALIGNMENT
Recent council resolution with respect to safe facilities
Aligned to safe communities, effective service delivery, financial growth and
community confidence.
SERVICE AND FINANCIAL OUTCOMES
The simulator theatre project is tightly aligned to the new backup fire response
agreement as adopted with NB Power. The new 10 -year agreement with NB
Power is valued at over $1,420,000 (cost escalation protected) and provides the
complete funding for the simulation theatre project.
Emergency plans, preparedness and exercises are critical part of numerous
hazard sites, spaces or public assembly, and various levels of commerce and
government. The City of Saint John Emergency Planning, Preparing, Response
and Exercise simulation theatre will be a centre of excellence and a one-stop
shop for those who must meet the rigor of being prepared for unlikely incidents.
W9111I
-10 -
We will be promoting the simulation theatre as a centre of excellence for
everything related to emergency preparedness. Our revenue model for third
party users will incorporate the cost to acquire the asset and the cost to replace
the asset as well as the full operating cost.
Once the simulation theatre is fully functional we will be approaching many of
our local hazard sites to share in the acquisition expense upfront. To this end,
those who share in the acquisition price will not have the acquisition price
included when they wish to utilize the facility for their emergency planning and
preparedness needs.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
• The Finance Department has reviewed the financial representations and
can attest to the accuracy of the report, as well as ensuring the Capital
Budget and Debt Management Policy guidelines are being followed.
• The Legal Department will review the Pt. Lepreau contract as it has done
in the past prior to it being submitted to Common Council.
• The Purchasing Department coordinated the issuance of the RFP for the
simulation assets and worked with the fire service in evaluating the
proposals as submitted
ATTACHMENTS
Attachment A- High Reliability Organizations
Attachment B- Engineer's Estimate to conduct renovations to the simulation
theatre location
Attachment C- ADMS SIMULATION proposal
Attachment D - Furniture, Monitors and related Equipment Estimate
Attachment A
5 Principles of HROs
18011
-11 -
High Reliability Organizations (HROs) are anomalies. They exist in the kind of very complex,
fast -evolving environments where you would expect chaos to prevail. But it doesn't. HROs are
able to cope successfully with unexpected conditions. That's what makes these unusual
organizations so attractive to researchers.
What can we learn from them?
Knowledge about HROs is rooted in what we call "heroic" organizations like aircraft carriers and
air traffic control systems where a thousand things must go right every moment or someone dies.
People like Karl Weick and Kathleen Sutcliffe, two of the most prominent scholars in the field, are
beginning to stretch the concepts developed by evaluating HROs to apply to less heroic settings
like banking, healthcare and manufacturing.
Weick and Sutcliffe use the phrase "mindful organizing" which entails "sense -making,
continuous organizing, and adaptive managing" to summarize the approach taken by HROs. ' They
identify 5 principles that make up the body of mindful organizing found in successful HROs, and
in organizations that aspire to that continuously high reliability.
1. Preoccupation with Failure
Systems in modern organizations are complicated, and they experience failures. HROs focus like a
laser on failure; they give "continuous attention to anomalies that could be symptoms of larger
problems. "The basic insight here is that big problems don't emerge fully formed in an instant.
They are almost always preceded by smaller problems or anomalies, or evidence that would point
to the big problem if it were given proper attention.
What HROs do NOT do is assume that if a control in place succeeds in containing a failure,
everything is right. They look deeper into an incident to find underlying causes. They also do not
lump a failure with common elements to another into a class that all are alike. Evidence is
gathered and evaluated.
2. Reluctance to Simplify
Complexity means that organizations have numerous potential sources of failure, and HROs do
not apply generalized terms to describe them. It is a common and convenient response to a
problem to name a general kind of cause and consider it a solution, e.g., `the bank has a state of
the art alarm system' so the failure of the alarm can be fixed by replacing it. What if the alarm's
failure is caused by something deeper? What specifically was the cause? In HROs, the occurrence
of a failure is taken as an opportunity to dig deeply into the details of the system involved to find a
real cause. You differentiate the details within those broad, convenient generalizations.
3. Sensitivity to Operations
Operations happen in real time. They include both discrete components and the system they
compose. As such, operations generate outcomes that we can observe. The HRO continuously
evaluates outcomes to determine if they are in fact serving the objectives of the organization. They
do not assume that the continuous outcomes will be the same as planned, assumed, or hoped for.
Operations are what an organization does. In this sense, HROs treat them as hands-on experiences
from which lessons about the organization can be taken to further improve function in real time.
4. Commitment to Resilienc
"The signature of the high reliability organization is not that it is error -free, but that errors don't
disable it." HROs are essentially adaptable, learning organizations. They can experience a failure
but continue operating under degraded conditions while marshalling resources to restore capacity.
MIN
-12 -
To operate like this, HROs can recognize emerging anomalies despite prior beliefs, experiences, or
plans. In large part, this requires both open-minded observation and a willingness to react
appropriately even under unanticipated condition.
5. Deference to Expertise
The fact that an HRO must be open-minded rather than judgmental leads to the idea that the
culture of the HRO defers to expertise. The key point, however, is that the "expert' involved is the
person with hands-on knowledge of the operation at the point of a failure, not the "expertise"
conferred by hierarchical authority.
In the HRO, the expert has access to upward reporting, and there is no intimidation from authority
to impede the communication. The openness required for the HRO to succeed depends on accurate
information from every source.
Not every organization will adapt every HRO principle, at least in the short term. Many
organizations can improve continuous operational reliability by adapting the pieces that fit. Over
time, more and more of the organization can be improved this way, moving toward the "perfect
reliability" objective of the HRO.
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ATTACHMENT "B"
■rir■—i■■■
■■■■■■■■
■■■r■■■■
■■■�
■■■RICHARD & CO.
ARCHITECTURE INC.
■■■.
■■■ ■
Dan LeBlanc, BA, BSc.
Division Chief — Fire Prevention and Investigation
Saint John Fire Department
45 Leinster Street, Saint John E21- 1 H9
Dear Mr. LeBlanc,
Order of Magnitude Costing
CAER Simulator Room
2019 12 30
Richard & Co. Architecture Inc. (RCA) with Fundy Engineering & Consulting Ltd. has completed the
preparation of an order of magnitude cost for the architectural and engineering aspects of the
proposed CAER Project at Fire Station No. 1. The costing was prepared for the Fire Department of
the City of Saint John (CoSJ).
1.0 Opinion of Probable Construction Cost
Our estimation of probable cost is based on a consideration of demolition and new construction
related to architectural, mechanical and electrical improvements associated with the proposed
CAER Project at Fire Station No. 1. The probable cost of the work is One Hundred Fifty-two
Thousand Seven Hundred and Fifty Dollars ($952, 750.00).
2.0 Scope of Work
The scope of work for architectural includes demolition of ceilings, wails and removal of flooring
together with the new construction wall, bulkheads, ceilings, flooring, the provision of a doors,
frames and hardware, the provision of an accordion folding partition and the provision of a
kitchenette.
Mechanical improvements include HVAC demolition, redistribution of ductwork, new diffusers, air
balancing and controls and plumbing for the new kitchenette.
Electrical improvements include demolition, lighting, wiring, communications and fire alarm.
A contingency of 20% is included within the probable cost identified.
3.0 Fee for Design Services
The anticipated fee for Architectural, Mechanical and Electrical design services will be in the order
of Nineteen Thousand Nine Hundred and Sixty-four Dollars ($19,964.00) with services during
construction as required on a per diem basis.
Please call 609-7047(c) with any questions.
Yours truly
Richard & Co. Arc ' ture Inc.
Michael R. Richard, Architect, AANB, AAPEI, MRAIC
40 Water Street, Saint John, NB, E21. 2AS Tel: (S06) 633-1361 Fax: (S06) 633-1301
mrichard@richardarchitecture.com
184%
SIMULATION
N TRAINING SYSTEMS
2100 N. Alafays Trail, Suite 900, Ortando FL. 32826 USA
407-282-3378 1 < 407-282-3582 - ETCSImulationxom
Proposed Compensation Model for Deliverables
Estimated Total Cost of Delivery
RFP 2019 - 691001P for Immersive Simulation Theater
Rev. B
ETC's pricing below:
a. Is Fixed Price.
b. Includes a permanent software license. No further annual software license fees are
applicable.
c. Is submitted in Canadian Dollars (CAD) and calculated with a 1.35 exchange rate on
January 19, 2020.
d. Is FOB Saint John (Freight prepaid) to City of Saint John, New Brunswick, Canada.
e. Does not include sales tax, VAT, and/or customs duties.
f. Does not include HST/GST.
g. Includes one (1) year Warranty for all ETC -supplied hardware and software.
h. Is valid until February 29, 2020.
ADMS-CANADA Trainin System: $257,578
(Two Hundred Fifty -Seven Thousand Five Hundred Seventy -Eight CAD)
Consisting of one (1) installed Exercise Control Station, one (1) installed Incident Command Station, three
(3) installed Field Unit Stations and one (1) portable Field Unit Station.
Geo -specific City Market Building: $78,401
(Seventy -Eight Thousand Four Hundred One CAD)
Hi - h Rise Building: $18,794
(Eighteen Thousand Seven Hundred Ninety -Four CAD)
NOW
2100 N. Alataya Trail, Suite 900, Orlando FL. 32626 USA
407-282-3378 407-282-3582 ETCsimulation.com
Additional SmartModels and Functionality: $16,553
(Sixteen Thousand Five Hundred Fifty -Three CAD)
Three (3) Day System Training Course: $9.679
(Nine Thousand Six Hundred Seventy -Nine CAD)
Software License Fee: No Cost
Extended Software Warranty: (OPTIONAL) $8.446 per year
(Eight Thousand Four Hundred Forty -Six CAD)
ETC requests payments be made in accordance with a milestone payment schedule, as follows:
■ 60% at time of order.
■ 30% within 90 days of contract award.
■ 10% with acceptance and completion of Training Course.
WARRANTY:
ETC will provide a one (1) year warranty program on all software, including the resolution of any issues
detected, and hardware components of the training system. This one (1) year warranty program starts
upon on-site acceptance of the training system. The warranty consists of parts and labor for ADMS
hardware and ADMS software support. In the unlikely event of a system error, the customer should
contact ETC. ETC will respond within one business day with an online diagnosis and servicing of the
system via a customer -supplied high speed Internet connection. In the event the system error cannot be
resolved via remote access, the computer and/or components will be shipped to ETC at customer's
expense. ETC will ship a replacement or repaired ADMS computer or components to the customer at
ETC's cost.
Except as modified in this section, the remainder of ETC's standard warranty is set forth in the attached
ETC's General Terms and Conditions of Sale (Rev. Feb 2016).
ASSET LIFE CYCLE:
The common use asset life cycle of the proposed hardware is six years.
The lifecycle of the delivered software is ten years.
rrizI
SIMULATION
TRAINING SYSTE=MS
2100 N. Alataya Trail, Suite 900, Ortando FL 32826 USA
407-282-337a 407-282-3582 - ETCalmulatlon.com
Proposed Compensation Model for Deliverables
Estimated Total Cost of Delivery
RFP 2019 - 691001P for Immersive Simulation Theater
Rev. B
ETC's pricing below:
a. Is Fixed Price.
b. Includes a permanent software license. No further annual software license fees are
applicable.
c. Is submitted in Canadian DdWrs (CAD) and calculated with a 1.35 exchange rate on
January 19, 2020.
d. Is FOB Saint John (Freight prepaid) to City of Saint John, New Brunswick, Canada.
e. Does not include sales tax, VAT, and/'or customs duties.
f. Does not include HSTIGST.
g. Includes one (1) year Warranty for all ETC -supplied hardware and software.
h. is valid until February 29, 2020.
ADMS-CANADA Training System: $257.578
(Two Hundred Fifty -Seven Thousand Five Hundred Seventy -Eight CAD)
Consisting of one (1) installed Exercise Control Station, one (1) installed Incident Command Station, three
(3) installed Field Unit Stations and one (1) portable Field Unit Station.
Geo -specific City Market Building: _ $78,401
(Seventy -Eight Thousand Four Hundred One CAD)
Hicih Rise Building: $18,794
(Eighteen Thousand Seven Hundred Ninety -Four CAD)
pati
2100 N. Alafaya Trail, Suite 900, Orlando FL. 32826 USA
407-282-3378 407-282-3582 ETCsimulatlon.com
Additional SmartModels and Functionality: $16,553
(Sixteen Thousand Five Hundred Fifty -Three CAD)
Three (3) Day System Training Course: $9,679
(Nine Thousand Six Hundred Seventy -Nine CAD)
Software License Fee: No Cost
Extended Software Warrant OPTIONAL $13,446 Per year
(Eight Thousand Four Hundred Forty -Six CAD)
ETC requests payments be made in accordance with a milestone payment schedule, as follows:
■ 60% at time of order.
• 30% within 90 days of contract award.
■ 10% with acceptance and completion of Training Course.
WARRANTY:
ETC will provide a one (1) year warranty program on all software, including the resolution of any issues
detected, and hardware components of the training system. This one (1) year warranty program starts
upon on-site acceptance of the training system. The warranty consists of parts and labor for ADMS
hardware and ADMS software support. In the unlikely event of a system error, the customer should
contact ETC. ETC will respond within one business day with an online diagnosis and servicing of the
system via a customer -supplied high speed Internet connection. In the event the system error cannot be
resolved via remote access, the computer and/or components will be shipped to ETC at customer's
expense. ETC will ship a replacement or repaired ADMS computer or components to the customer at
ETC's cost.
Except as modified in this section, the remainder of ETC's standard warranty is set forth in the attached
ETC's General Terms and Conditions of Sale (Rev. Feb 2016).
ASSET LIFE CYCLE:
The common use asset life cycle of the proposed hardware is six years.
The lifecycle of the delivered software is ten years.
WOU
CAER Project
Budget Summary - Jan 17, 2020
Ns
$12,600
Monitors
$4,950
CCN
$1,000
Hardware
$2,200
Furniture
1 $7,550
Subtotal $28,300
HSt $4,245
$32,545
ATTACHMENT "E"
fPGXl
COMMON COUNCIL REPORT
M&C No.
2020-40
Report Date
January 23, 2020
Meeting Date
January 27, 2020
Service Area
Public Safety Services
SUBJECT: Agreement with NB Power for Back-up Fire Protection Services and
Response Training at the Point Lepreau Generating Station
Common Council
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Commissioner/Dept. HeadCity
Manager
Peter Ehler
Rob Nichol
Kevin Clifford
John Collin
RECOMMENDATION
Common Council authorizes the Mayor and Common Clerk to execute the
attached 10 year agreement for Backup Fire Protection and Response Training
between the City of Saint John Fire Department and NB Power Corporation,
Point Lepreau Power Generating Station.
EXECUTIVE SUMMARY
In 1982, the City of Saint John entered into an agreement with the New
Brunswick Power Corporation for the provision of Back-up Fire Protection
Service to the utility's Point Lepreau Generating Station. The attached
agreement has been amended a couple of times, notably in 1999, and 2013, at
which times the stand-by fees were increased. Subsequent to the expiry of the
2013 agreement two six month extensions were adopted by Council with an
objective to enable discussions for a more valued agreement from both a
revenue and response perspective. The current two month extension granted in
December 2019 has provided the opportunity to reach a tentative agreement
between the City of Saint John and NB Power that is mutually beneficial to both
parties.
The new ten (10) year agreement, (March 1St 2020 — February 28th 2030)
significantly increases the annual contribution from NB Power and is adjusted
annually based on CPI and salary increases. The new agreement increases the
annual contribution from $77,544/annum, (2018) to $142,163/annum. A net
increase of $64,619/annum, (83% increase). Site specific training in a simulated
environment for all Saint John firefighters has been added to the agreement to
ensure proper training for hazards specific to the Point Lepreau Generating
Station. (2019 inflation not yet applied)
PIM]
-2 -
Both sides have been very engaged and a fundamental change has been
accepted from which the new tentative agreement has been identified. The new
agreement provides additional value and opportunity for the City and NB Power.
It is important to note that fire department representatives made an urgent
appeal to NB Power for an even higher value. NB Power considered the appeal
however they noted that the tentative amount of $142,163 was a reach for them
and that they could not extend any further on the value as tentatively agree. NB
Power provided the following information as a testament to the fact that they
had extended beyond the industry norm.
"All six of the nuclear facilities across Canada have some level of back up
response agreement with neighbouring communities; only two of those facilities
pay a fee for the backup fire response support and the new amount as tentatively
agreed between Saint John and the Pt. Lepreau is the highest value for any of the
reactors in Canada".
To this end, this agreement represents the best negotiated position for all
parties. Failure to execute this agreement will result in a termination of the
relationship that has been in place since, 1982. In addition there will be a
revenue loss of roughly 142k per annum.
PREVIOUS RESOLUTION
Common Council renewed the previous Back-up Fire Protection Agreement with
NB Power in August of 2013 and subsequently agreed to two 6 month extensions
concluding in February and December of 2019, and one 2 month extension
concluding February 2020.
STRATEGIC ALIGNMENT
Vibrant Safe City — Contributing as part of a regional response helps to ensure
the safety of our larger community.
Fiscally Responsible — Advancing the culture of continuous improvement -
securing reimbursement for emergency incident planning, preparation and
response is consistent with our fiscally responsible approach.
SERVICE AND FINANCIAL OUTCOMES
In exchange for the identified stand-by fee, the City is committed to provide
emergency response services for NB Power at the Point Lepreau Generating
Wel
-3 -
Station. The standby fee shall be $77,544/annum. In addition to the standby fee
additional usage fees can be charged for a response to the NB Power site:
Dispatch Fee - $1000.00/occurrence
Engine or Ladder - $300.00/hour
Light Vehicle - $125.00/hour
Salary -in accordance with current collective agreement
The emergency response service is triggered upon the City's Public Safety
Communications Centre receiving a call for assistance from the Point Lepreau
Generating Station. Once a call is received the following will be dispatched
immediately:
• One Incident Commander;
• One Engine and Crew; and
• One Ladder Truck and Crew, or a second Engine and Crew
should a Ladder Truck be unavailable.
The City is not required to provide the above if, in the opinion of the Chief it is
necessary for any or all of the personnel and / or equipment to remain in or
return to the City to provide fire protection services in Saint John.
To support competent emergency response, the SJFD shall provision all
operational personnel 6 hours / annum of response training specific to the Point
Lepreau Generating Station. This training will be conducted in a simulated
environment in Saint John which replicates the hazards associated with a
response to a nuclear power plant.
A response training cost recovery fee associated with the training of all
operational staff has been added to the agreement. The fee will recover all cost
for the specified training time in accordance with the most current collective
agreement between Local 771 and the City and the current management pay
scale for the City in place at the time, plus all applicable fringe benefits and
WorkSafe NB costs. The base amount for 2020 will be $64,619 / annum adjusted
for any increases going forward.
Important to note there are 6 nuclear power facilities in Canada, all of which
have some sort of mutual response agreements in place. Some with and some
without renumeration. Of those with renumeration, this agreement represents
the highest value per reactor in the country.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
This agreement is subject to review of the City Solicitor or designate prior to
being submitted to Common Council for consideration.
P49191
-4 -
ATTACHMENTS
Tentative Agreement with NB Power Corporation for Back-up Fire
Protection and Response Training.
231
This Agreement is made in duplicate by and between:
THE CITY OF SAINT JOHN, in the County of Saint
John and Province of New Brunswick, a body
corporate by Royal Charter (the "City")
OF THE FIRST PART
-and—
NEW BRUNSWICK POWER CORPORATION, a
corporation incorporated under the Business
Corporations Act, S.N.S. 1981, ch. B-9.1, ("N.B. Power")
OF THE SECOND PART
WHEREAS N.S. Power is the owner and operator of a Nuclear Generating
Station situated at Point Lepreau being in the Counties of Saint John and
Charlotte in the Province of New Brunswick (the "Station");
AND WHEREAS the City is the owner and operator of the Saint John Fire
Department (the "SJFD");
AND WHEREAS N.S. Power may from time to time require back-up fire
protection services to supplement its fire protection capabilities at the Station;
AND WHEREAS the City has agreed to provide the service of the SJFD for the
aforesaid purpose;
NOW THEREFORE THIS AGREEMENT WITNESSETH as follows:
1. Responsibilities of the Citi
1.01 Subject to subsection 1.06 hereof, the SJFD will provide emergency
response service for N.S. Power, as dispatched from Saint John, N.S., at
the Station.
1.02 The SJFD will participate in semi-annual training/orientation sessions and
exercises for the Station that are fully sponsored by N.S. Power. The SJFD
will absorb their cost of participation as part of the standby fee detailed in
section 4.01 (a) of this agreement.
1.03 Upon the City's Public Safety Communications Centre receiving a call for
assistance from the Station, the SJFD will immediately dispatch thereto
from Saint John, N.S. the following:
(b) One Engine and Crew, consisting of: one (1) Officer and three (3) Fire
Fighters; and
(c) One Ladder Truck and Crew consisting of: one (1) Officer and three
(3) Fire Fighters, or, in the alternative, a second Engine and Crew
should a Ladder Truck be unavailable.
1.04 The Public Safety Communications Centre will confirm that the call is
authentic by calling the Station's Control Room at (506) 659-2540.
1.05 Upon arriving at the Station, the SJFD's personnel will immediately
respond to the command post, receive tasking from the Unified Command
System, and will continue such work under the joint direction and
supervision of the Stations Shift Supervisor ("Supervisor") or his
designate and Commander mutually agree that the City's assistance is no
longer required.
1.06 The SJFD will make every reasonable effort to provide emergency
response as per Section 1.03 (a), (b) and (c) of this agreement however it is
recognized by the City and N.S. Power that the primary responsibility of
the SJFD is to provide fire protection services within the City of Saint John
and it is agreed that the City is not required to provide, at the Station, the
SJFD personnel and equipment referred to in subsection 1.03 hereof if, in
the opinion of the Chief of the SJFD, it is necessary for any or all of the
personnel and/or equipment to remain in or return to the City of Saint
John to provide fire protection services in Saint John, N.S.
2. Responsibilities of N.B. Power
2.01 In the event that the back-up assistance of the SJFD is required at the
Station, the Supervisor or his delegate will contact the City's Public Safety
Communications Centre by telephone at the telephone number 911. The
caller will identify him/herself, briefly explain the situation and request
assistance.
2.02 The Supervisor will be responsible, in cooperation with the Commander,
for the direction, supervision and safety of the SJFD personnel while they
are present at the Station.
2.03 At all times during which the SJFD personnel are present at the Station in
response to a call for assistance, N.S. Power will be responsible to protect
the SJFD personnel from exposure to radiation and, at N.B. Power's
expense, will provide the SJFD personnel with meals, dry clothing and
such other accommodations as the situation may require, as determined
by the Supervisor in consultation with the Commander.
2.04 N.S. Power will provide on an ongoing basis the necessary familiarization
and/or orientation to the personnel of the SJFD that are required to
respond to the Station. This training shall include support for response
2.05 Any and all specialized training and equipment that is not considered part
of traditional structural firefighting, but could be employed when
responding to the Station, shall be provided by N.S. Power to the SJFD
and shall include, if any, the payment by N.S. Power of all annual
certification, recertification, calibration or other occurring or reoccurring
costs.
3. Response Training
3.01 The SJFD shall provision all permanent operational personnel with 6
hours of response training specific to the Station annually. This training
shall be conducted in a simulated environment with sufficient fidelity that
the SJFD Chief is satisfied that SJFD operational staff have sufficient
training to safely and effectively respond to the Station.
4. Payment
4.01 N.S. Power will compensate the City as follows for its services provided
hereunder:
(a) A "standby" fee of $77,544/annum (2018), adjusted for inflation
annually utilizing the Sank of Canada inflation calculator for the
term identified herein which shall be due within 45 days of this
Agreement being duly executed by both parties; (2019 inflation not
yet applied)
(b) A response training cost recovery fee associated with the training of
all operational staff as outlined in section 3.01 of this agreement.
The fee will recover all cost for the specified training time
associated with the training in accordance with the most current
collective agreement between I.A.F.F. Local 771 and the City and
the most current management pay scale for the City in place at the
time, plus all applicable fringe benefits and WorkSafe NS costs. The
base amount for 2020 will be $64,619/annum adjusted for any
current year salary increase.
(c) A "dispatch" fee of $1,000 for each and every call -out (including
cancelled en route calls), regardless of duration;
(d) A "user fee", calculated as follows for each person and vehicle
provided by the City:
Each Hour or Part Thereof
Engine or Ladder Truck $300.00
Light Vehicle (excluding cars) $125.00
Personnel In accordance with the most current collective
agreement between I.A.F.F. Local 771 and the City
and the mist current manaPement nav scale fuer the
City in place at the time, plus all applicable fringe
benefits and WorkSafe NB costs.
(e) All overtime rates and associated fringe benefit costs incurred by
the City that are in place at the time with respect to: 1) the Fire
Fighters and Commander(s) who are dispatched to the Station; and
2) the Fire Fighters and Commander(s) who are called -in to restore
the on -duty complement of the SJFD. Overtime rates and
associated fringe benefit costs shall be in accordance with the most
current collective agreements between I.A.F.F. Local 771 and the
City and the most current management pay scale for the City at the
time.
4.02 The "user fee" identified in paragraph 4.01(d) hereof shall commence one
hour after dispatch of the SJFD and shall continue until the last
responding Engine, Ladder Truck or Light Vehicle of the SJFD returns to
its Fire Station.
4.03 The "dispatch fee" identified in paragraph 4.01(c) hereof shall be in
addition to the "user fee".
4.04 All required payments identified in Section 3 hereof shall be made by N.S.
Power in full to the City within forty-five (45) days of invoicing.
4.05 Reimbursement for training costs does not include the familiarization
training referenced in paragraph 1.02, but does include all specialized
training, certifications or courses as mutually agreed upon in paragraph
2.05.
4.06 The annual "standby" fee identified in paragraph 4.01(a) hereof shall
increase annually on the anniversary date of each year of the Term based
upon the percentage change to the previous 12 months Consumer Price
Index (CPI) for New Brunswick, as determined by Statistics Canada.
4.07 If HST is applicable, it shall be in addition to the fees referenced herein.
5. Term
This Agreement shall take effect and be binding on the parties hereto for a
ten (10) year term that shall commence on March 1St 2020 and conclude on
February 28th 2030. This Agreement supersedes and replaces all previous
agreements respecting the subject matter of this Agreement.
6. Contact
The contact person at the station for clarification of the arrangements
herein provided will be the Fire Chief. The contact person in any
emergency will be the Duty Shift Supervisor — Telephone (506) 659-6214.
7. News Releases
The SJFD and N.S. Power, as part of the unified command structure, will
coordinate on and, wherever possible, align public messaging in the event
of an emergency response by the SJFD to the Station.
IN WITNESS WHEREOF the City and N.S. Power have caused this agreement to
be duly executed.
Signed, Sealed & Delivered by The City of Saint John on the day of
, 2020.
THE CITY OF SAINT JOHN
Don Darling, Mayor
Jonathan Taylor, Common Clerk
Common Council Resolution Date:
Signed, Sealed & Delivered by the New Brunswick Power Nuclear Corporation
on the day of 2020.
NEW BRUNSWICK POWER
NUCLEAR CORPORATION
Gaetan Thomas
President
Wanda Harrison
Corporate Secretary and General Counsel
PROVINCE OF NEW BRUNSWICK
COUNTY OF SAINT JOHN
I, JONATHAN A. TAYLOR, of the City of Saint John, in the County of Saint
John and Province of New Brunswick, MAKE OATH AND SAY: -
1. THAT I am the Common Clerk of the City of Saint John and have custody of the
Common Seal hereof.
2. THAT the Seal to the aforegoing instrument affixed is the Common Seal of the
City of Saint John and that it was so affixed by Order of the Common Council of the said
City.
3. THAT the signature "Don Darling" to the said instrument is the signature of Don
Darling, Mayor of the said City, and the signature "Jonathan A. Taylor" thereto is my
own signature.
4. THAT we are the proper officers to sign the aforegoing instrument on behalf of
the City of Saint John.
SWORN TO BEFORE ME at )
the City of Saint John, in the )
County of Saint John and )
Province of New Brunswick )
this day of )
2020. )
Jonathan A. Taylor
Commissioner of Oaths
Being a Solicitor
PROVINCE OF NEW BRUNSWICK
COUNTY OF YORK
I, WANDA HARRISON, of the City of Fredericton, in the County of York and
Province of New Brunswick, MAKE OATH AND SAY: -
1. THAT I am the Corporate Secretary and General Counsel of New Brunswick
Power Nuclear Corporation and have custody of the Corporate Seal thereof.
2. THAT the Seal to the aforegoing instrument affixed is the Corporate Seal of New
Brunswick Power Nuclear Corporation and that it was so affixed by Order of the Board
of Directors of New Brunswick Power Nuclear Corporation.
3. THAT the signature "Gaetan Thomas" to the said instrument is the signature of
Gaetan Thomas, President of New Brunswick Power Nuclear Corporation, and the
signature "Wanda Harrison" thereto is my own signature.
4. THAT we are the proper officers to sign the aforegoing instrument on behalf of
New Brunswick Power Nuclear Corporation.
SWORN TO BEFORE ME at )
the City of Fredericton, in the )
County of York and Province )
of New Brunswick, this )
day of , 2020. )
Commissioner of Oaths )
Being a Solicitor )
Wanda Harrison
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Saint John
ABILITY
ADVISORY C7�OMMITTEE
�
P .) HD '6,.. Ute %1, 1�Ajn, I,�,;.fffoh .. ..�' Il 1,21 , 411 A
December 20, 2019
Mayor Don Darling and Members of Common Council
City of Saint John
15 Market Square
PO Box 1971
Saint John, New Brunswick
E21_41_1
Your Worship and Members of Common Council
The Saint John Ability Advisory Committee (SJAAC) provides opportunities to better understand issues,
their complexity, and at a time when inequality is most pronounced, supports a collaborative, evidence -
based approach to supporting the full inclusion of people with all abilities in our community.
On behalf of the SJAAC partners, we wish to request Saint John Common Council take the necessary
time to consider the impact of recent discussions to reduce funding, or in some cases remove funding
for programs and services throughout the City of Saint John that will have a negative impact on the full
inclusion of people with disabilities in our City. We respond not because we disagree with the need for
a focus on key priorities for our city, but rather because these decisions fundamentally impact the well-
being of our most vulnerable citizens.
At a recent meeting of the SJAAC, members discussed potential impact of cost reductions to specific
programs and services through the City of Saint John. We encourage you to discuss the implications for
those impacted by these decisions and the impact to persons with disabilities, and other vulnerable
populations such as families on low-income, children and our elderly citizens.
Transportation / Transit
The ability to travel, either local or long distance, is a crucial factor in the community, economic and
social participation, and is the key to independent living. Challenges to the effective delivery of
accessible transportation are more pronounced than ever before. Mobility is a fundamental element
which enables individuals to participate in the vast array of social, medical, educational, recreational and
economic activities necessary for survival in today's complex society.
We are concerned that cuts to transit are impacting the lives of people with disabilities and more
vulnerable populations and will have a particularly detrimental impact on more vulnerable populations,
persons with disabilities, seniors and low-income families.
• Since our first community Town Hall meeting in 2005, we have heard from the disability
community expressing barriers to accessible transportation/ transit.
• Further cuts to Transit will hinder SJ Transit's ability to implement and make transit fully
accessible for all abilities. Such as accessible bus stops/shelters/signs, a functional Automated
Voice Announcement system.
(x8791
Saint John
ABILITY
ADVISORY C7�OMMITTEE
�
P .) HD '6,.. Ute %1, 1�,Jn, I,�foh .. ..�' Il 1,21 , 411 A
• Cutting back Transit routes and schedules have a devastating impact on the community.
• Cuts to road and sidewalk maintenance will create barriers to mobility. There is a great need for
Audible Pedestrian systems at crosswalks throughout the city. Cuts to transportation budget
will hinder the ability to install such systems.
• Issues related to isolation will increase with transit/transportation cuts.
• Accessible transportation is essential to our participation in all aspects of community life.
Without it we cannot go to school, to work, to church ... we are trapped in our homes.
• People with disabilities need choices in transportation — we cannot afford to always use taxis.
• Transportation is very much a municipal issue.
• Persons with disabilities need choice and options —An inadequate transportation system
restricts, and in many ways defines, the life we can live in the community.
Winter Maintenance and Sidewalks
In winter, transportation becomes even more problematic and difficult. Sidewalks and blue zones tend
to be snow filled during winter months which increases the inaccessibility of services. It further impedes
mobility for people with complex mobility issues making it difficult to navigate travel during winter
months. Reduced sidewalk maintenance is a danger to all residents but especially for those with mobility
issues, vision loss, seniors, etc. Decreasing winter sidewalk maintenance would increase falls and impact
the health of the citizens. For a fully accessible transit service bus stops and shelters need to be cleared
of all barriers such as snow. Otherwise, many people with disabilities simply cannot go outside in the
winter.
Cuts to Recreation Facilities / Community Centres
The quality of life for those with disabilities is enhanced through recreation opportunities. Social
integration and quality of life are positive outcomes of community-based leisure programs that enable
interactions between individuals with disabilities and their peers without disabilities.
• Recreational activities provide exposure to a range of opportunities that impact physical and
psychological health, facilitate skill development, and enhance community relationships.
• Recreation provides opportunities for self-expression and self -development. It fosters a sense of
freedom and independence and reduces symptoms of anxiety and depression, improves mood,
and promotes a general feeling of well-being.
• Individuals with disabilities enhance their interpersonal skills, experience a revitalized interest in
life events and activities and an increased concern for the quality of life for others.
• Aerobic exercise training can significantly improve the mental capacity of individuals with spinal
cord injuries while lowering their depression, increasing their self-satisfaction/image and
independence, and reducing suicidal tendencies
• Isolation can lead to depression and loneliness for persons with disabilities, which makes them
susceptible to heart diseases, stroke, obesity, and other health conditions. However, recreation
has a variety of social benefits. Group -related activities can make you feel like part of the
2
251
Saint John
ABILITY
ADVISORY C7�OMMITTEE
�
P .) HD '6,.. Ute %1, 1�Ajn, I,�,;.fffoh .. ..�' Il 1,21 , 411 A
community and help build relationships with other people. By developing social skills through
leisure activities, we can keep isolation and depression at bay.
In a City as old as Saint John, we know that reaching standards around accessibility are numerous.
However, some facilities (like the Aquatic Centre) are fully accessible and we are concerned that the
proposed cuts to funding for those facilities will once again decrease access for those who need it most.
Community Grants
Our City Councillors and staff are doing everything in their power to meet their obligations; leveraging
public - private partnerships, volunteer support, and matching grant programs. They have been
tremendously successful in doing more with less and have tightened belts in every way possible before
making decisions that impact program funding. Nevertheless, years of funding constraints have taken
their toll.
• We are concerned that cuts to the Community Grants program through the City of SJ will only
exacerbate the broader impact of years of underfunding, and the value and potential of these
programs.
• In total, these programs are a small portion of the municipal budget and thus a minor
percentage of the average Saint Johner's family's tax expenditures, yet they provide invaluable
benefits for people with disabilities and families in SJ. They help create a higher quality of life for
citizens.
In Saint John, we know that we are dealing with among the highest poverty rates in Canada. The impacts
of cuts will have a direct impact on vulnerable populations in our City.
Summary
• Cutting any funding or levels of service to SJ Transit will negatively impact the lives of people
with disabilities and vulnerable populations in our City.
• Winter weather causes several accessibility issues, particularly related to clearing of sidewalks
and blue zones for people with disabilities— thus excluding many of our fellow citizens.
• Due to the non-availability of needed supports and services, more and more individuals are
feeling increasingly isolated. Cuts to Community Grants and Recreation will contribute to the
already significant challenges related to isolation for persons with disabilities.
The lowest incomes in Canada have the highest levels of need yet face the most barriers to accessing
supports. We urge Council to agree that cuts to funding for programs and services that impact the most
vulnerable populations are not acceptable. We all share in the wellbeing of our community.
We ask that you consider how this decision will impact the health and well-being of people with
disabilities and our most vulnerable citizens. Sincerely,
3
PM
Saint John
ABILITY
ADVISORY COMMITTEE
fffohn . . . . . .�'� 1,21, 411 A
Wanda Berrette
Chairperson — Saint John Ability Advisory Committee
PM
Fundy Regional
Service Commission
W
mw Commission de Services
cl,""",""""",'ll""I'll""I'll",lI Regionaux de Fundy
January 16, 2020
Mayor and Council
City of Saint John
81h Floor, City Hall
PO Box 1971
Saint John NB E21_41_1
.,.T. 506 738--x,2,2 ® ..,.F. 506 738.1287
PO Box CP 3032 Grand _Ba Westfield NBE5K 4V...,
hotline@fundyrecycles.com
Reference: Motion Concerning Plastic Bag Recycling & Plastic Bag Reduction Bylaw
Dear Mayor & Council,
In a letter dated August 15, 2019 Saint John City Council referred the matter of a ban on Single Use
Plastics to be considered by the Fundy Regional Service Commission.
Plastic waste and ocean litter have emerged as a global environmental priority. It is estimated that
Canadians use 9 billion plastic bags every year. For each of us, that's 300 - 700 plastic bags a year.
Governments across Canada are taking action on plastic bags, at the request and demand of citizens.
In the Fundy Region, plastic bags are not moving in the recycling market. We are not alone. There is
a world-wide overabundance of plastic film in the market and large stockpiles, with little evidence of
change or acceptable options in the future. Currently, we have more than two years' worth of plastic
bags, almost three transport truck loads, stored and waiting for an end market. This is not sustainable
and for this reason we are removing plastic bags (including film and wrap) from our acceptable
recyclable materials list.
At the December 10, 2019 Commission meeting the Board passed the following:
Motion: To remove plastic bags as an acceptable item in recycling, effective March 12020.
In addition to this motion, the Commission would like to encourage an overall reduction of plastic bags
in the region. Following in the footsteps of PEI, Nova Scotia, Newfoundland, and locally, Moncton,
Riverview and Dieppe, the Commission is encouraging all municipalities in the Fundy Region to adopt
a Plastic Bag Reduction Bylaw.
Motion: Recommend that municipalities in the Fundy Region adopt a Plastic Bag Reduction Bylaw,
similar to the Bylaws in Moncton, Riverview, Dieppe, and the legislation in PEI, as of January 1, 2011.
.,_ , ,A
In summary, the Plastic Bag Reduction Bylaw bans retailers from handing out free plastic check-out
bags. It allows retailers to sell paper bags and reusable bags at the checkout. It also allows plastic bags
for a number of exemptions. The impact of the legislation in PEI was impressive, essentially wiping out
plastic bags from their waste management system.
The Commission members recognized the importance of a unified approach to the bylaw. By
modelling the Bylaw on the existing legislation in PEI (attached) and Moncton (attached), a unified
approach for retailers and consumers can be implemented. The Retail Council of Canada has
emphasized the need for harmony on these Bylaws, as many outlets operate on a national scale.
To help facilitate a unified approach to reducing plastic bags in our region, FRSC staff will be contacting
municipal staff to work together to ensure the message gets out on plastic bags and to develop a Bylaw
recommendation to your council. Plastic bags will no longer be recycled, now we need to work
together to ensure that they are also removed from the Landfill and the Environment.
Regards,
cc: Jonathan Taylor, Common Clerk
N&I
mmy-A smog:*
PLASTIC BAG REDUCTION ACT
WOO
PLEASE NOTE
This document, prepared by the Legislative Counsel Office, is an office consolidation of this Act,
current to November 28, 2019. It is intended for information and reference purposes only.
This document is not the official version of the Act. The Act and the amendments as printed under the
authority of the Queen's Printer for the province should be consulted to determine the authoritative
statement of the law.
For more information concerning the history of this Act, please see the Table of Public Acts on the
Prince Edward Island Government web site (www.princeedwardisland.ca}.
If you find any errors or omissions in this consolidation, please contact:
Legislative Counsel Office
Tel: (902) 368-4292
Email: legislation@govpe.ca
P49YA
Plastic Bag Reduction Act
CHAPTER P-9.2
PLASTIC BAG REDUCTION ACT
1, Definitions
In this Act,
(a) "checkout bag" means
(i) any bag intended to be used by a customer for the purpose of transporting
items purchased or received by the customer from the business providing the
bag, and
(ii) a bag used to package take-out food or food to be delivered,
and includes a paper bag, plastic bag and reusable bag;
(b) "business" means a business incorporated under the Business Corporations Act
R.S.P.E.I. 1988, Cap. B-6.01, the Companies Act R.S.P.E.I. 1988, Cap. C-14, or
required to be registered under the Extra provincial Corporations Registration Act
R.S.P.E.I. 1988, Cap. E-14, and includes a sole proprietorship, a partnership or a co-
operative association engaged in a retail operation and, for the purposes of section 4,
a person employed by, or operating on behalf of, a business;
(c) "paper bag" means a bag made out of paper that is recyclable;
(d) "plastic bag" means any bag made with plastic, including biodegradable plastic or
compostable plastic, but does not include a reusable bag;
(d.1) "pre-packaged", in relation to foods or bakery goods, means foods or bakery goods
that are completely enclosed by wrapping or a container;
(e) "reusable bag" means a bag with handles that is
(i) intended to be used for transporting items purchased or received by the
customer from a business,
(ii) designed and manufactured to be capable of at least 100 uses, and
(iii) primarily made of cloth or other washable fabric;
(f) "small paper bag" means any bag made out of paper that is less than 660 square
centimetres when flat. 2018,c-38,0, 2019,c,29,s.1„ 2019,c.27,s,24(2)
2. Purpose
The purpose of this Act is to reduce the use by businesses of single -use checkout bags, to
reduce waste and environmental damage and to promote responsible and sustainable business
practices in Prince Edward Island. 218,c.38,s,2.
LE!NCE EDWARD ISLAND i
R !O R
P491:3
Plastic Sag Reduction Act
3. Minister responsible
(1) The Minister of Environment, Water and Climate Change is the Minister responsible for the
administration of this Act.
Appointment of inspector
(2) The Minister may appoint a person in accordance with the regulations as an inspector for the
purposes of this Act. 2018,c,38.s,3 2019,c,1,s.3..
4. Checkout bag prohibition
(1) Except as provided in this Act, no business shall provide a checkout bag to a customer.
Exception
(2) A business may provide a checkout bag to a customer only if
(a) the customer is first asked whether, and confirms that, the customer needs a bag;
(b) the bag provided is a paper bag or a reusable bag; and
(c) the customer is charged a fee of not less than
(i) 15 cents for a paper bag, and
(ii) $1 for a reusable bag.
Prohibition
(3) For greater certainty, no business shall
(a) sell or provide to a customer a plastic bag; or
(b) provide a checkout bag to a customer free of charge.
Idem
(4) No business shall deny or discourage the use by a customer of the customer's own reusable
bag for the purpose of transporting items purchased or received by the customer from the
business. 2018,c, 38,s. 4..
5. Exemptions
(1) Section 4 does not apply to
(a) small paper bags;
(b) bags used to
(i) package loose bulk items such as fruit, vegetables, nuts, grains or candy,
(ii) package Ioose small hardware items such as nails and bolts,
(iii) contain or wrap frozen foods, meat, poultry or fish, whether pre-packaged or
not,
Page 4
(iv) wrap flowers or potted plants,
(v) protect prepared foods that are ready for immediate consumption or bakery
goods that are not pre-packaged,
(vi) contain prescription drugs received from a pharmacy,
(vii) transport live fish,
(viii) protect linens, bedding or other similar large items that cannot easily fit in a
reusable bag,
(ix) protect newspapers or other printed material intended to be left at the
customer's residence or place of business,
Current to: November 28, 2019
RINCE EDWARD ISLAND
LE -DU -PRINCE EDOUARD t P
Plastic Bog Reduction Act
(x) protect clothes after professional laundering or dry cleaning,
(xi) package medical supplies and items used in the provision of health services
that are supplied by a member as defined in the Pharmacy Act R.S.P.E.I.
1988, Cap. P-6.1; or
(xii) protect tires that cannot easily fit in a reusable bag;
(b.1) transparent plastic bags used to package foods containing liquids that may reasonably
be expected to leak during transport;
(c) a bag of a type or material or that is to be used for a purpose specified in the
regulations.
Non -application
(2) Section 4 does not limit or restrict the sale of bags, including transparent plastic bags,
intended for use at the customer's home or business, that are sold in packages of multiple
bags.
Limited exception
(3) Notwithstanding clauses 4(2)(c) and 4(3)(b), a business may provide a checkout bag free of
charge if
(a) the business meets the other requirements of section 4(2);
(b) the bag has already been used by a customer; and
(c) the bag is suitable for, and has been returned to the business for, the purpose of being
re -used by other customers.
Not retroactive
(4) Section 4 does not apply to a checkout bag that was purchased by a business prior to the
coming into force of this Act. 2018,c.38,s5;° 2019,c 29,s.2,
6. Offence
(1) (2) Not in force. See section 9.2018,c38,s,6.
7. Regulations
The Lieutenant Governor in Council may make regulations
(a) specifying types of bags, material from which bags are made or the purpose for
which a bag may be used for the purpose of clause 5(1)(c);
(b) respecting the appointment and powers of inspectors; and
(c) respecting any other matter necessary or advisable to carry out the intent and
purposes of this Act. 2018,c, 38.s, 1,
S. Repeal
Subsection 5(4) of this Act is repealed. 2018,c,38,s.8; 2019,c 29,s,,3
9. Commencement
(1) Subject to subsection (2), this Act comes into force on July 1, 2019.
(2) Sections 6 and 8 of this Act come into force on January 1, 2020.
RINCE EDWARD ISLAND Current to: November 28, 2019 Page 5
1�� f LE DU PRINCE-EDOUARD
M091
BY-LAW #P-619
BY-LAW RESPECTING THE REDUCTION OF SINGLE -USE
PLASTIC BAGS IN THE CITY OF MONCTON
ARRtTE NO P-619
ARRtTt CONCERNANT LA REDUCTION DES SACS EN
PLASTIQUE A USAGE UNIQUE DANS LA VILLE DE
MONCTON
BE IT ENACTED by the Council of the City of Moncton under En vertu du pouvoir que lui conf6re la Loi sur Is gouvemance
the authority vested in it by the Local Governance Act, S.N.B., locale, L.N.-B. 2017, ch. 18, le Conseil municipal de Moncton
2017, c. 18, as follows: 6dicte :
1. Title
This by-law may be cited as the "Plastic Bag Reduction By-
law".
2. Definitlons
In this by-law:
"business" means any corporation, individual, partnership or
co-operative association engaged in a retail operation and, for
the purposes of section 3, includes a person employed by, or
acting on behalf of, a business; (entreprlse)
"checkout bag" means
(a) any bag intended to be used by a customer for the
purpose of transporting items purchased or received by
the customer from the business providing the bag, or
(b) a bag used to package take-out food or food to be
delivered,
and includes a paper bag or plastic bag, but does not include
a reusable bag. (sac & emplelfes)
"Council" means Moncton City Council; (conseil municipal)
"paper bag" means a bag made out of paper that is
recyclable; (sac an papier]
"plastic bag" means any bag made with plastic, including
biodegradable plastic or compostable plastic, but does not
include a reusable bag; (sac an plastique)
"reusable bag" means a bag with handles that is
(a) designed and manufactured to be capable of at least
100 uses, and
(b) primarily made of cloth or other durable material
suitable for reuse; (sac r6ufitisable)
"small paper bag" means any bag made out of paper that is
less than 15 centimetres by 20 centimetres when Bat. (petit
sac an papier)
3. Checkout bag prohibition
1. Tltre
Titre usuel : Arrdt6 surto r6duction des sacs an plastique.
2. Definitions
Les dbfinitions qui suivent s'appliquent au present arrbtb.
at conseil municipal s Le conseil municipal de Moncton.
(Councio
e entreprise s Toute soci616, personne ou association
coop6rative ou tout partenariat s'adonnant h des op6rations de
vente au d6tail; cont notamment vistes, pour I'applicalion de
['article 3, les personnes employdes par une entreprise ou
agissant pour son compte. (business)
« petit sac en papier s Tout sac fait de papier qui mesure moins
de 15 centim6tres sur 20 centimbtres lorsqu'il est b plat. (small
paper bag)
R sac b emplettes s S'entend notamment d'un sac en papier ou
d'un sac an plastique, A 1'exclusion d'un sac r6utilisable, qui est
destin6 b ['une ou I'autre des fins suivantes :
a) I'utilisation par un client pour transporter les objets qu'il a
achet6s ou regus de I'entreprise qui lui foumit le sac;
b)1'emballage de mets � emporter ou A livrer. (checkout bag)
x sac en papier A Sac fait de papier qui est recyclable. (paper
bag)
■ sac en plastique a Tout sac fait de plastique, y compris de
plastique biod6gradable ou compostable, mais ne s'entend pas
des sacs r6utilisables. (plastic bag)
a sac r6utilisable * S'entend d'un sac muni de poign&es qui est,
A la fois :
a) oonqu et fabriqub pour pouvoir Etre utilise au moins
100 lois;
b) principalement fait de tissu ou d'un autre mattriau durable
qui convient � la rbutilisalion. (reusable bag)
3. Interdiction relative aux sacs A emplettes
(1) Except as provided in this by-law, no business shall (1) Sauf disposition contraire du present arret6, it est inlerdit b
Pk-ql
provide a checkout bag to a customer.
(2) A business may provide a checkout bag to a customer
only if
(a) the customer is first asked whether, and confirms that,
the customer needs a bag;
(b) the bag provided is a paper bag; and
(c) the bag is not provided free of charge to the customer,
une entreprise de foumir un sac A emplettes A un client.
(2) line entreprise ne pout foumir un sac b emplettes b un client
que si les conditions suivanles sont r6unies :
a) on a d'abord demand6 au client s'il avail besoin d'un sac,
le client a confirmb que oui;
b) le sac foumi est un sac en papier;
c) le sac nest pas offert sans frais au client.
(3) No business shall deny or discourage the use by a (3) II est interdit h une entreprise de refuser ou de d6courager
customer of the customer's own reusable bag for the purpose ('utilisation, par un client, de son propre sac r6utilisable afin de
of transporting items purchased or received by the customer. transporter des objets qu'il a achet6s ou reCus.
4. Exemptions
(1) Section 3 does not apply to
(a) small paper bags; or
(b) bags used to
(i) package loose bulk items such as fruit, vegetables,
nuts, grains or candy;
(ii) package loose small hardware items such as nails
and bolts;
(iii) contain or wrap frozen foods, meat, poultry or fish,
whether pre-packaged or not;
(iv) wrap flowers or potted plants;
(v) protect prepared foods or bakery goods that are
not pre-packaged,
(vi) contain prescription drugs received from a
pharmacy;
(vii) transport live fish;
(viii) protect linens, bedding or other similar large
items that cannot easily fit in a reusable bag;
(ix) protect newspapers or other printed material
intended to be left at the cuslomer's residence or
place of business;
(x) protect clothes after professional laundering or dry
cleaning;
(xi) protect tires that cannot easily fit in a reusable
bag; or
(xii) collect and dispose of animal waste.
3
(1) Uartice 3 ne s'applique pas A ce qui suit:
a) les petits sacs en papier;
b) les sacs destin6s aux usages suivants :
(i) emballer des aliments an vrac comme des fruits, des
ligumes, des noix, des grains ou des bonbons,
(ii) emballer des petits articles de quincaillerie en vrac
comme des clous et des boulons,
(iii) contenir ou envelopper des aliments congel&s, de la
viande, de la volaille ou du poisson, qu'ils soient
pr6emball6s ou non,
(iv) envelopper des fteurs ou des plantes en pots,
(v) protdger des plats pr6par6s ou des produits de
boulangerie-pAtisserie qui ne sont pas prdemball6s,
(vi) contenir des midicaments sur ordonnance renis d'une
pharmacie,
(vii) transporter des poissons vivants,
(viii) profter des Tinges de maison, de la lilede ou
d'aulres articles semblables de taille importanle qui ne
peuvent etre facilemenl contenus dans un sac r6utilisable,
(Ix) prot6ger des joumaux ou d'autres documents
imprim6s destin6s h Etre lairs&s a la r6sidence ou au lieu
d'affaires du client,
(x) prot6ger des vetements apr6s qu'ils ont W
professionnellement blanchis ou nettoy6s b sec,
(xi) prot6ger des pneus qui ne peuvent pas Otre
facilement conlenus dans un sac rdutilisable,
(xii) ramasser et jeter des d6chets animaux.
(2) Section 3 does not limit or restrict the sale of bags, (2) Uarticle 3 n'a pas pour effet de limiter ou de restreindre la
including plastic bags, Intended for use at the customer's vente de sacs, y compris les sacs en plastique, qui sont destin6s
home or business, that are sold in packages of multiple bags. A Etre utilisds A ]a r6sidence ou au lieu d'affaires du client et qui
5. Enforcement
(1) Every person duly appointed by Council as a by-law
enforcement officer is hereby authorized to carry out any
inspection that is necessary for the administration or
enforcement of this by-law.
sont vendus on paquets contenant plusieurs sacs.
S. Application
(1) Les personnes r6guli6rement nomm6es agents d'ex8cubon
des arret6s par le conseil municipal sant autods6es 6 r6aliser les
inspections n6cessaires h ('administration ou A I'application du
pr6sent arr6t6.
(2) Any peace officer or by-law enforcement officer is hereby (2) Les agents de la paix et les agents d'ex6cution des arrit6s
MOM
authorized to take such actions, exercise such powers and
perform such duties, as may be set out in this by-law or in the
Local Govemance Act and as they may deem to be
necessary to enforce any provisions of this by-law.
6. Offences
(1) Any person who violates any provision of this by-law is
guilty of an offence and is liable on conviction to a fine.
(2) The minimum One for an offence committed under this by-
law is one hundred and forty dollars ($140) and the maximum
fine for an offence committed under this by-law is two
thousand one hundred dollars ($2,100).
(3) if an offence committed under this by-law continues for
more than one (1) day:
(a) the minimum fine that may be imposed is the minimum
fine established in this by-law multiplied by the number of
days during which the offence continues; and,
(b) the maximum fine that may be imposed is the
maximum fine established in this by-law multiplied by the
number of days during which the offence continues.
7. Severability
sant habilitbs A prendre les mesures el b exercer les pouvoirs et
les fonctions dnonc6s dans le pr6sent arr6t6 et dans la Lai sur la
gouvemance locate qu'ils estiment n6cessaires A I'application des
dispositions du pr6sent arr6t6.
6. Infractions
(1) Guiconque contrevient A I'une des dispositions du pr6sent
ar*6 commet une infraction et est passible, sur d6claration de
culpabilit6, d'une amende.
(2) L'amende minimale infligde en cas d'infraction au prdsent
arr6tb est de 140 $ et I'amende maximale est de 2100 $.
(3) Si une infraction au pr6sent arrM se poursuit pendant plus
d'un jour :
a) I'amende minimale qui peut titre infligte est I'amende
minimale pr6vue par le prbsent arr&6 mulUpti6e par le nombre
de jours pendant lesquels ('infraction se poursuit;
b) I'amende maximale qui peut Etre inflig6e est I'amende
maximale pr6vue par le pr6sent arret6 multipli6e par le
nombre de jours pendant lesquels I'infraction se poursuit.
7. Divisibilit6
Where a Court of competent jurisdiction declares any section Lorsque tout ou partie d'une disposition du pr6sent arr& est
or part of a section of this by-law invalid, the remainder of this d6clar6e invalide par un tribunal comp6tent, le reste du pr6sent
by-law shall continue in force unless the Court makes an arr6116 demeure en vigueur, sauf ordonnance contraire du tribunal.
order to the contrary„
8. Commencement
This by-law comes into force on July 1„. 2020.
ORDAINED AND PASSED
First Reading June 3, 2019
Second Reading .......................... u, ._�....,.,..-
Third Reading; ry„ry„qq „qq. ..
8. Entr4e en vigueur
Le prbsent arrdt6 entre en vigueur le 1erjuillet 2020.
FAIT ET ADOPTS to
Preml6re lecture le 3 juin 2019
Deuxi6me lecture a
Troisi6me lecture
Q-91
At a recent meeting (Jan 16) held with field/arena users, the City outlined plans
for rental rates over the next 2 years.
The meeting was led by Tim O'Reilly. He went into detail, explaining the City's
financial situation, and some of the steps needed to balance the budget. He
explained that $10 million in savings needs to be found from various sources.
The meeting was open to, and attended by, representatives of various facility
users, such as baseball, soccer, hockey, speed skating, slo pitch softball and
others. Coun. Armstrong and His Worship Mayor Darling also attended.
Mr. O'Reilly reviewed the recovery rates for rentals on various facilities. He also
reviewed the policy, recently adopted by Council which staff is bound by, which
dictates much higher recovery rates than exist at present. The policy requires a
90% recovery rate on adult use, 70% recovery rate for Seniors and 60% on youth.
The proposal for 2020 is that these targets be set at 50% of target, and be fully
implemented for 2021.
The Saint John Alpines organization run teams that fall under both youth and
adult categories.
We do not dispute that the City is in financial trouble, nor do we dispute that
major corrective action needs to be taken. Our concern is that this policy will
result in increases that will see our field rental costs increase by 87% for 2020,
and double for 2021, going from an annual cost of (approximately) $6,000 for
2019, to (approximately) $18,000 for 2021. And it was made clear that field
maintenance would not be improved. All field users would receive similar
increases.
In addition, a levy will be placed on players from outside the City, to play on City
fields.
We have three points to make.
First, these increases are, to say the least, astronomical. We cannot operate in
2021, and 2020 is in question as well, with increases like this.
264
Secondly, we are not sure that Council fully understood the implications of the
cost recovery targets, when deciding to adopt the policy. All teams and sports
have been placed in a difficult situation, as they try to decide how, or if, they can
absorb these cost increases.
Thirdly, regardless of the particular sport, the policy will have major impacts on
youth sport and their participation levels. This was seen this winter in hockey,
when the tipping point on registration was reached for many. As a community, we
believe people support youth sport, and recognize the long term health benefits.
The cost recovery model is based on some recommendations presented to Halifax
Regional Municipality (HRM). When asked in the meeting what the standards are
for Fredericton and Moncton, Mr. O'Reilly indicated that those cities do not have
that data. So point being, the decision is based on a small sample size, and also on
the fastest growing municipality in Eastern Canada. They are in a much different
place than Saint John.
The hourly rate for a AA field in HRM, which would be comparable to Memorial
Field in Saint John, is $20/hour for adult, $10 for youth. Our rate last year was
$36.73 for adult, $16.43 for youth, plus tax in all cases. So the starting point for
this comparison is quite different. We are not sure this was taken into
consideration, or what weight was given to it. And, it is not clear to the writer that
these recommendations have even been accepted or implemented by HRM.
We have no issue with City staff. We understand that they take direction from
Council .
Our ask is that Council "press pause" on this decision and reconsider the full
impact to sport and recreation in the City. However, the reality is that
spring/summer sports are already gearing up for their seasons, so need clarity,
quickly, on field costs, so that they can make the decisions that they need to
make. So if Council is gracious enough to consider this request, we would also ask
for a timely response.
265
Again, our sense from the meeting last week is that users are prepared to pay
more. But there is a limit to what can realistically be expected. As well, we fully
recognize that every group being affected by the present situation will not want
to have their budget cut or costs increased. We get it. But a 175% cost increase
is, frankly, too much. The Alpines rates for games and practices are already the
highest in the Province.
Hourly Field Rates Junior Senior
2015 N/A $ 22.65
2016 N/A $ 29.45
2017 $14.58 $ 31.16
2018 $14.87 $ 34.50
2019 $ 16.43 $ 36.73
There has been a 62% increase in Adult rates from 2015 — 2019. If proposed rates
are implemented we will have a 342% increase from 2015 — 2021
Thank you for your consideration.
On behalf of the Saint John Alpines Senior and Junior Baseball Teams
Kevin Ferguson 57 Scotiaview Drive 647-8076
Terre Hunter 50 Fenton Drive 672-1033
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To: Mayor and Council of the City of Saint John RECEWED
Re: Transit responsibility JAN 2 2 2020
---------------
Your Worship and Council,
Who is responsible for Saint John Transit's flagrant systemic abuse?
The Operations Manager, a 20+ year transit veteran, has no certified urban transportation credentials.
With no customer service policy, he is directly responsible for the verbal conveyance of discriminatory
customer protocol directives to bus drivers.
The interim General Manager, selected from the staff of the Parking Commission, professes no public
transit credentials.
The Transit Commission is a collection of volunteers. No experience necessary. Councils' commission
representative is the only municipal employee officially affiliated with Saint John Transit management.
Council is ultimately responsible and relies on the advice of city staff to operate in the best interests of
its electorate. No professional public transit representation is associated with either Saint John Transit
or the City of Saint John thus facilitating rampant systemic abuse. Please address
Respectfully,
Mary Elle Carpenter
41 Crown St. #207
SaintJohn, NB. E2LOE2
(506) 899-0519
KI -1-13
To: Mayor and Council of the City of Saint John
Re: Uncontested criminal misconduct
Your Worship and Council,
F_= C-EJAN 2 2 2020
-
Saint John Transit's criminal misconduct is an uncontested matter of public record. They have no
customer service policy, employ no public transit professional and blatantly contravene public transit
fundamentals to profit other transportation entities and private interests - at the tax -payers expense.
An investigation is warranted. Please address.
Respectfully,
Mary I lien Car ent r
41 Crown St. #207
Saint John, NB. E2L OE2
(506) 899-0519
K-16.1
COMMITTEE OF THE WHOLE REPORT
M&C No.
2020-26
Report Date
January 22, 2020
Meeting Date
January 27, 2020
Service Area
Finance and
Administrative Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: Conditional Sale of City Owned Lands off Riverview Drive
CLOSED SESSION DISCUSSION REASON
This matter is to be discussed in closed session pursuant to the provisions of
subsection 68(1)(c) of the Local Governance Act.
OPEN SESSION RESOLUTION REQUIRED?
Yes, resolution and full report to be added to open session
AUTHORIZATION
Primary Author
Commissioner/Dept. HeadCity
Manager
Brian Irving
Kevin Fudge/lan Fagan
John Collin
RECOMMENDATION
That the Committee of the Whole recommend to Common Council the adoption
of the following resolution:
1. That Common Council declares PIDs 55226054 & 55226047 as surplus to
its needs;
2. That Common Council agrees to ratify the Purchase and Sale Agreement
between The City of Saint John and W&S Holdings Ltd. as attached hereto
M&C # 2020-26;
3. That Common Council grants permission for W&S Holdings Ltd. to
commence any Municipal Plan amendment or required application for
planning approvals as well as the Stop Up and Closure process for
Algonquin Place;
4. That the Public Hearing to consider the passing of a By-law to Stop -up
and Close a 511 square metre portion of a public street known as
Algonquin Place, as shown on a Plan of Survey (see attached), be set for
Monday, March 9, 2020 at 6:30 p.m. in the Council Chamber, 8t" floor
City Hall;
5. That Common Council authorize the publishing of a notice of its intention
to consider passing of such By-law identified above;
We]
6. In the event that Common Council gives First and Second Reading to
Amending a By-law as stated above, that Council withhold Third Reading
pending a further report from City staff regarding the details of the
possible sale of an adjoining parcel of the Provincially owned property to
W & S Holdings Ltd.; and
7. In the event that the portion of street specified above in (4) is stopped -up
and closed, Common Council assent to any required easement for
municipal services required to protect and service its infrastructure, prior
to the conveyance of the property.
EXECUTIVE SUMMARY
W&S has conditionally created an assembly fronting on Riverview Drive in West
Saint John consisting of Provincially owned surplus highway land along with
two privately owned lots (W&S), two City owned lots and a to be stopped up
and closed right of way. This assembly and development if realized would result
in an eleven (11) unit townhouse development. The development would be
completed in three phases and generate approximately $2.0 million in tax base
assessment growth.
PREVIOUS RESOLUTION
N/A
REPORT
W&S has conditionally created a land assembly fronting on Riverview Drive in
West Saint John consisting of Provincially owned surplus highway land and two
privately owned lots (W&S). This land coupled with two surplus City owned lots
and a stopped up and closed portion of a non -travelled right of way would create
massing land parcel of sufficient area to accommodate an eleven (11) unit
townhouse development. The project would be completed in three phases and
generate approximately $2.0 million in assessed tax base.
There are a multitude of activities required to see this development to reality:
-Two City owned parcels (PIDs 55226054 & 55226047) and the "to be"
stopped up and closed Algonquin Place be declared surplus to the City's
needs.
-That Common Council ratify an agreement of purchase and sale which
provides the purchaser consent to seek a Municipal Plan amendment and
any additional planning approvals.
-That Common Council grant approval to the purchaser to seek the stop
up and closure of the Algonquin Place right of way.
184tl
-That the City reserve an easement to protect a storm sewer line which
traverses a portion of the to be stopped up and closed Algonquin
Place as well as a portion of W&S owned lands.
The proposed development also requires an agreement with the Province of
New Brunswick to conditionally purchase surplus highway lands as well as the
right to rezone these surplus highway lands. Adoption of the Council resolutions
related to the City -owned lands will provide the Province with confidence that
the City is participating in the assembly and development. The Province will,
subsequent to Council's adopted resolutions, enter into a similar purchase and
sale agreement with W&S to permit the necessary land use applications and
subdivision activities.
It should be noted the third reading for any rezoning may be withheld until any
Provincial or Municipal condition or concern are addressed by the developer.
STRATEGIC ALIGNMENT
Common Council's priorities for 2016-2020 include the following priorities
related to Growth and Prosperity and a Vibrant, Safe City:
• Drive development in accordance with PlanSJ that creates density
required for efficient infrastructure and services.
• Promote Saint John as a community to live, work and play to grow the
residential tax base.
• Support the retention and attraction of businesses that create job
opportunities.
• Develop neighbourhoods through planning that aligns with PlanSJ and
includes:
o Streetscape beautification
Park and greenspace investment that aligns with PlaySJ.
SERVICE AND FINANCIAL OUTCOMES
There are no anticipated service impacts should the development be realized. Tax
revenues for the entire development when fully built out should approach $35,000
per annum to the City.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
The following departments have had input into this proposed development;
Parks and Public Spaces, Develop Saint John, Growth and Community Planning,
Finance and Administrative Services, the City Solicitor.
ATTACHMENT
1. Location Map;
KJ,X
2. Plan of Survey for Algonquin Place; and
3. Agreement of Purchase and Sale
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AGREEMENT OF PURCHASE AND SALE
Vendor: THE CITY OF SAINT JOHN
P.O. Box 1971
15 Market Square
Saint John, NB E2L 41_1
Attention: The Common Clerk
(hereinafter referred to as the "Vendor")
Purchaser: W & S HOLDINGS LTD.
871 Anderson Drive
Saint John, NB E2M 4G2
Attention: William Joseph Shannon
(hereinafter referred to as the "Purchaser")
Lands : Three (3) parcels on the northern sideline of Riverview Drive,
Saint John, New Brunswick, PIDs 55226054 &55226047 & the to be Stopped Up
and Closed Algonquin Place as shown on the attached drawing as
Part A, Part B and Part C (hereinafter referred to as the "Lands")
Price: $20,600.00, plus HST, if applicable
Deposit: $2,600.00 payable by certified cheque or bank draft to the Vendor upon the
adoption of the resolution of Common Council of the said City to enter into
this Agreement. Balance with all adjustments due at Closing.
Closing: On or before May 31, 2020 (hereinafter referred to as the "Closing")
Provided that Part B, a public street, is stopped up and closed, nothing herein neither implicitly
nor explicitly obligating the Vendor to enact any by-law to effect such stopping -up and closing,
the Vendor agrees to sell and the Purchaser agrees to purchase freehold title to the Lands,
subject to the reservation from the title to Part B hereinafter set out, upon the following terms
and conditions:
1. The Purchaser shall obtain at its cost such Plan of Survey as required by the Vendor,
at the Vendor's sole discretion, to initiate the street closing process.
2. The Vendor shall be responsible for all cost associated with the preparation,
translation and publication of the public advertisement required to satisfy all preliminary
steps to permit Common Council to consider the enactment of a by-law to stop up and
close any public street or portion thereof, and in the event of any enactment, registration
of same with Service New Brunswick (Saint John County Registry Office).
1
PAN -1
Agreement of Purchase and Sale
The City of Saint John and W & S Holdings Ltd.
3. The Purchaser may apply for any Municipal Plan Amendment or re -zoning of the
Lands in order to allow for its proposed development. The Vendor hereby consents to the
application by the Purchaser for an amendment to the Municipal Plan and/or a re -zoning
of the Lands, on the express condition that the City is neither implicitly nor explicitly
obligated to approve any such amendment to either the Municipal Plan or the Zoning By -
Law.
4. The Purchaser, at its own expense, shall have until May 10, 2020 to examine title to
the Lands. If, within that time, any valid objection to the title to the Lands is made in
writing by the Purchaser to the Vendor which the Vendor shall be unable or unwilling to
remove within twenty (20) days of notification of such objection or objections, and which
the Purchaser will not waive, this Agreement shall, notwithstanding any intermediate acts
or negotiations in respect of such objections, be null and void and any deposit less any
and all expenses incurred by the Vendor under clause 2 shall be returned by the Vendor
to the Purchaser, without interest.
5. The Purchaser shall be responsible for registration of title under the Land Titles Act, if
required, and the Vendor hereby appoints the Purchaser's solicitor its agent for such
purposes.
6. On Closing, the Vendor shall deliver to the Purchaser a registrable deed/transfer of
the Lands reserving from Part A:
An easement and rights at the cost, risk and expense of the Vendor,
by its officers, servants, agents, contractors and workers, to enter the
Lands subject to the easement with machinery, materials, vehicles and
equipment, and to construct, alter, maintain, inspect and repair
underground water mains or pipelines, storm sewers, sanitary sewers
or any like municipal works including all related works appurtenant
thereto, promptly restoring as far as is practicable the surface of the
Lands to the same condition as it was prior to the commencement of
the work or excavation, together with the right by action or otherwise at
any time to enjoin the owner of the Lands subject to the easement,
including the heirs, executors, administrators, successors and assigns
of such owner from erecting or locating on the Lands subject to the
easement any building, structure or other obstacle which could impair
the free and full use of the easement or permitting the erection or
location thereon of any such building, structure or other obstacle.
PA
MAN
Agreement of Purchase and Sale
The City of Saint John and W & S Holdings Ltd.
7. The Purchaser shall be responsible for the provincial land transfer tax and registration
fees payable in connection with the deed/transfer. Any HST is the responsibility of the
Purchaser.
8. The rights of the Purchaser hereunder may not be assigned to a third party.
9. If the Purchaser defaults in the closing of the sale under the terms of this Agreement,
any money paid hereunto shall be forfeited to the Vendor by way of liquidated damages.
10. Any notice under this Agreement shall be in writing and shall be effectively given and
made if (a) delivered personally; (b) sent by prepaid courier service; or (c) sent by prepaid
post to the applicable addressee at the address hereinbefore set out.
11. Time shall be of the essence of this Agreement in all respects.
12. This Agreement constitutes the entire agreement between the parties pertaining to
the subject matter of this Agreement and supersedes all prior agreements,
understandings, negotiations and discussions, whether oral or written. There are no
conditions, warranties, representations or other agreements between the parties in
connection with the subject matter of this Agreement (whether oral or written, express or
implied, statutory or otherwise) except as specifically set out in this Agreement.
13. Any provision of this Agreement which is prohibited or unenforceable in any
jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such prohibition or
unenforceability and shall be severed from the balance of this Agreement, all without
affecting the remaining provisions of this Agreement or affecting the validity or
enforceability of such provision in any other jurisdiction.
14. This Agreement shall be governed by and construed in accordance with the laws of
the Province of New Brunswick.
15. By signing this Agreement, the Purchaser is making an offer, irrevocable until 4:00
p.m., local time, on February 5, 2020 and upon acceptance by resolution adopted by the
Common Council of the Vendor, shall constitute this Agreement of Purchase and Sale
binding upon the parties hereto.
16. This Agreement shall be read with all changes of gender or number required by the
context and shall be binding upon the parties hereto, their respective successors and
assigns.
Remainder of page left blank. Signatures on next page.
1XE:j
3
Agreement of Purchase and Sale
The City of Saint John and W & S Holdings Ltd.
IN WITNESS WHEREOF the Vendor has caused these presents to be executed this
day of 12020.
THE CITY OF SAINT JOHN
Mayor
Common Clerk
Common Council Resolution:
AND the Purchaser has caused these presents to be executed this day of
2020.
W & S HOLDINGS LTD.
Per:
PAN611
:I
COMMITTEE OF THE WHOLE REPORT
M&C No.
2020-28
Report Date
January 22, 2020
Meeting Date
January 27, 2020
Service Area
Finance and
Administrative Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: Seasonal Licence at Stewart Hurley Arena for Year 2020
CLOSED SESSION DISCUSSION REASON
This matter is to be discussed in closed session pursuant to the provisions of
subsection 68(1)(c) of the Local Governance Act.
OPEN SESSION RESOLUTION REQUIRED?
Yes, resolution and full report to be added to open session
AUTHORIZATION
Primary Author
Commissioner/Dept. HeadCity
Manager
Curtis Langille
Kevin Fudge/lan Fagan
John Collin
RECOMMENDATION
That Committee of the Whole recommends to Common Council that:
1. the City enter into the Licence Agreement with 707990 N.B. Inc., as
attached to M & C #2020-28, and further
2. the Mayor and Common Clerk be authorized to execute the said Licence
Agreement.
EXECUTIVE SUMMARY
Mr. Andy Bezeau and Mr. Duane Hilchie have recently contacted City staff and
indicated they are willing to accept a licence agreement that would allow them
to operate the Stewart Hurley arena for a six month period, during the summer
of 2020. The agreement is similar to a previous arrangement with the
proponent's to operate the Hilton Belyea arena during the summer of 2019. The
City will continue to operate and maintain the arena with the Licensee to have
full rights to rent out the ice and to provide programs. This agreement will allow
the proponents to operate the Stewart Hurley arena from April 151 to September
30, 2020 for $142,500.00 plus HST.
PREVIOUS RESOLUTION
Common Council, at its meeting on November 41h, 2019 directed staff to inform
the proponents the fee to operate theart Hurley Arena in 2020, with similar
terms and conditions contained in the 2019 agreement, for a total of six (6)
months, be $142,500.00 plus HST.
REPORT
Since the November 2019 meeting of Council where they rejected the
proponent's offer to operate the Stewart Hurley arena (Stu arena), there had
been very little dialogue from them to staff. However, very recently they have
contacted staff and stated they are prepared to enter into a licence with the City
as per Council's earlier direction at its November 2019 meeting. The term shall
be from April 1, 2020 to September 30, 2020, provide for greater hours of
operation flexibility for the proponent, rent totaling $142,500.00 plus HST with
City staff continuing to maintain and operate the arena. The proponent has
discussed with staff that the holidays listed in the agreement should have been
made available at no additional cost in rent. However, staff has stated that
running an arena on these dates incurs additional staffing costs and are not to be
included in the rent as detailed in the attached agreement. It is anticipated the
proponent will be seeking an amendment to this term in the near future. The
remaining terms and conditions are very similar to those contained in the 2019
licence agreement when the proponents rented ice at the Hilton Belyea arena.
Although not included in the agreement, the licensee will have access to the
majority of the nets available from the other arenas for use in their programs.
STRATEGIC ALIGNMENT
Staff aims to provide open, transparent and consistent internal process to
facilitate investment and development, while maintaining City standards that
align with the City's economic health priorities
SERVICE AND FINANCIAL OUTCOMES
The City will receive a total rent of $142,500.00 plus HST for the six month
licence period in 2020. It is expected the rental fee will cover all of the City's
expenses and will result a net profit of approximately $10,000.00, along with an
additional $10,000.00 contingency for unforeseen costs.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
In the preparation of this report and attached agreement, input was received
from Risk Management, the City Solicitor's office and Parks and Recreation.
ATTACHMENT
Licence Agreement
K11til
This License made in duplicate this _, , day of January, 2020.
BY AND BETWEEN:
The City of Saint John, having its City Hall
at 15 Market Square, Saint John, New
Brunswick, a body corporate by Royal
Charter, confirmed and amended by Acts of
the Legislative Assembly of the Province of
New Brunswick, hereinafter called the
"Licensor"
OF THE ONE PART
- and
707990 N.B. Inc., a company duly
incorporated under the laws of the Province of
New Brunswick, having its head office at 42
Bayview Drive, in the City of Saint John,
County of St. John, Province of New
Brunswick, hereinafter called the "Licensee"
OF THE OTHER PART
WHEREAS the Licensor is the owner of premises known as the Stewart
Hurley Arena located at 1500 Hickey Road, Saint John, New Brunswick (the
"Premises"); and
WHEREAS the Licensee has submitted a proposal to the Licensor for the
use of the Premises save and except: the ice plant and maintenance room; ice -making
equipment; canteen, office and storage rooms of lacrosse, minor hockey and figure
skating and also the use by the Licensor, its officers, servants, agents, contractors
and workers of a right of way for access to and from those parts of the Premises not
hereby licensed; and
WHEREAS the Licensor has agreed to grant the within License upon the
terms and conditions herein contained;
NOW THEREFORE THIS INDENTURE WITNESSETH that for and in
consideration of the charges stipulated in this License and other good and valuable
consideration, the receipt whereof is hereby acknowledged, the Licensor does
hereby grant, subject to the terms, conditions, covenants and provisions herein
contained, permission and license to the Licensee, its servants, agents, employees,
contractors and invitees to enter into and upon and exit from the Premises during
such days and periods of occupation and use as are more particularly set out below.
All times referenced in this License are expressed in Atlantic Daylight Time and
not otherwise.
The Licensee may occupy and use the Premises as follows:
(a) Between April Is', 2020 to September 30th, 2020 between the hours
of 7:30 am until 12:30am, inclusive;
(b) Notwithstanding Article 1(a) above, the Licensee shalt not occupy or
use the Premises oivApril 10 , 2020 (Good Friday )��ApriI 131"—,2D20 (Easter
Monday}, May 18 , 2020 (Victoria Day), July 11 , 2020 Canada Day),
August 3rd, 2020 (New Brunswick Da) and September 7` , 2020 (Labour
Day) (collectively the "License Period"
(c) Notwithstanding (1)(b) above, the Licensee shall have the option to
access and use the Premises on the specified dates at an hourly costs of One
Hundred Dollars ($100.00) plus HST, subject to the following conditions:
i. the Licensee shall rent the Premises for a minimum of four
(4) consecutive hours, and
ii. the Licensee shall exercise this option by providing written
notice to the Licensor of not less than fourteen (14) calendar
days prior to the dates listed above in (1)(b) and shall provide
full payment to the Licensor together with the aforementioned
written notice.
2. (i) On the first day and final day of the License Period, the Licensor and
the Licensee shall carry out an extensive walk through of the Premises for
the purpose of determining the state and condition of the Premises both
before and after the Licensee's exclusive use of the Premises and the
Licensee shall be responsible for any damage to the Premises identified on
the final day of the License Period that was not identified on the first day of
the License Period;
(ii) The Licensee shall pay to the Licensor for the occupation and use of
the Premises the amount of One Hundred and Forty -Two Thousand Five -
Hundred Dollars ($142,500.00) plus HST during the License Period (the
"License Fee");
(iii) The payment of the License Fee shall be made to the Licensee by
the Licensor by cash or certified cheque at the Office of the Commissioner
of Finance, 9th Floor, City Hall Building, 15 Market Square, Saint John,
New Brunswick, or such other place as may from time to time be designated
by the Licensor in the following installments and before the date identified
below for the payment of each installment:
(a) On or before April 151, 2020 in the amount of Twenty Three
Thousand Seven Hundred and Fifty Dollars ($23,750.00) plus HST
for the month of April 2020;
(b) On or before May 1S1, 2020 in the amount of Twenty Three
Thousand Seven Hundred and Fifty Dollars ($23,750.00) plus HST
for the month of May 2020;
(c) On or before June 151, 2020 in the amount of Twenty Three
Thousand Seven Hundred and Fifty Dollars ($23,750.00) plus HST
for the month of June 2020;
(d) On or before July 1", 2020 in the amount of Twenty Three
Thousand Seven Hundred and Fifty Dollars ($23,750.00) plus HST
for the month of July 2020;
(e) On or before August 1St, 2020 in the amount of Twenty Three
Thousand Seven Hundred and Fifty Dollars ($23,750.00) plus HST
for the month of August 2020;
(f) On or before September 1", 2020 in the amount of Twenty Three
Thousand Seven Hundred and Fifty Dollars ($23,750.00) plus HST
for the month of September 2020.
(iv) The ice -time purchased at the Premises pursuant to the terms of this
License shall be used by the Licensee; however, the Licensee may re -sell
its purchased ice -time to a third party/third parties, which shall abide by the
terms of this Agreement and which may be prohibited by the Licensor from
(v) The Licensee shall provide to the Licensor on a weekly basis no Iater
than the preceding Wednesday the Licensee's schedule of ice use for the
following week (Sunday to Saturday, inclusive). Should there be any
changes to the schedule of ice use, the Licensee shall notify the Licensor in
writing immediately of any such changes.
(vi) The Licensor shall reserve one (1) heated storage room of the
Licensor's choosing during the License Period for use by the Licensee.
3. (i) The Licensor may terminate this License and the Licensee shall have
no further recourse should the Licensee fail to pay the License Fee pursuant
to the terms of this License or otherwise fail to meet any obligations,
conditions or agreements stipulated in this License.
(ii) The Licensee may terminate this License upon the giving of advance
written notice of Thirty (30) business days. Should such a termination occur,
the Licensee shall be refunded a pro -rated share of the License Fee as
calculated by reference to the days remaining during the License Period.
(iii) Should the Licensee terminate this License without giving the advance
written notice required in Article 3(ii) above, the Licensee shall be obligated
to pay to the Licensor, as a penalty for providing inadequate written notice,
the equivalent of Three (3) weeks of the License Fee, as calculated by
reference to the applicable License Fee payable in the month(s) that are
covered by the specific period in question.
4. (i) The Licensee shall keep in place during the full term hereof
comprehensive general liability insurance in a minimum amount of Five
Million ($5,000,000.00) Dollars wherein the Licensor is named an
"additional insured" and wherein there is a cross -liability clause, all of
which also expressly covers and protects the Licensor in circumstances
where the Licensee chooses to re -sell ice -time pursuant to Article 2(iii)
above and which also expressly covers any allegations/claims of physical or
sexual abuse;
(ii) The Licensee shall provide a Certificate of Insurance to the Licensor at
the time of the execution of this License evidencing the insurance coverage
described in hereof and providing that coverage shall not be altered or
cancelled without the insurers giving thirty (30) days' notice in writing to
the Licensor prior to any such alteration or cancellation.
5. The Licensee shall not have any claim against the Licensor for loss or
damage of any nature, kind or description whatsoever arising from the exercise or
purported exercise of the License herein granted, unless such loss or damage is
due to the negligence of the Licensor or its employees, servants or agents.
6. Notwithstanding Article 4 hereof, the Licensee does hereby indemnify and
save harmless the Licensor from all damages, claims, demands, actions, suits or
other proceedings by whomsoever made, brought or prosecuted in any manner
and whether in respect of property owned by others or in respect of damage
sustained by others based upon or arising out of or in connection with this License
or anything done or purported to be done in any manner hereunder.
7. The Licensee and all the Licensee's customers shall, at all times, comply
with such rules and regulations in use by the Licensor from time to time as may
be reasonably applicable, currently entitled "City of Saint John Parks &
Recreation Arena Use Regulations", a copy of which is attached hereto as
8. Except in accordance with the terms of this License, the Licensee shall not
assign, transfer or otherwise by any act cause or permit this permission and Iicense
or any portion hereof to be assigned or transferred to any person(s) whomsoever.
9. The Licensee shall, upon the termination of this License, immediately and at
its own expense, remove from the Premises any and all property brought or placed
upon the Premises by the Licensee and shall restore the Premises to as good an order
and condition as prevailed immediately prior to the commencement of the term
hereof and in the event of the failure of the Licensee to do so with reasonable
expedition, of which the Licensor shall be the sole judge, the Licensor may effect
such removal and restoration at the Licensee's own risk and expense, but the
Licensor shall be by reason of any action taken or things required under this
paragraph be entitled to compensation, reimbursement and indemnity from the
Licensee.
10. Should it be necessary for the Licensee to contact the Licensor during the
License Period respecting any operational matters or issues arising under this
License, the Licensee shall follow the protocol of contact the following
representatives of the Licensor in the following sequence: (1) Jen Reed at
jen.reed@saint'ohn.ca or 506.721.0289; (2) Tim O'Reilly at
ti.oreill @saintjohn.ca or 506.651.6178, and (3) Steve Bishop at
steve.bishoy@saintjohn.ca or 506.654.0463.
11. The Licensor shall:
(a) maintain the ice and operate the premises at the same standard used
during the regular season;
(b) pay for all maintenance and operating costs;
(c) provide one experienced employee on site during the hours of
operation;
(d) in the event of breakdown that causes the Premises to be unavailable
for a day or any portion thereof, the Licensee shall be given a refund
of Five Hundred Dollars ($500.00) per day up to a total maximum
of Fifteen Thousand Dollars ($15,000.00).
(e) The Licensor shall not lease any of its other Three (3) arenas to any
other individuals or entities between April 1, 2020 and September
30, 2020 for activities that would be in direct competition with the
activities of the Licensor, namely that of an ice hockey training
school, and, during the aforementioned period, there shall be no ice
surfaces in the Licensor's other Three (3) arenas.
12. Force Majeure. Notwithstanding anything to the contrary contained herein,
the Licensor shall not be liable for any delays or failures in performance resulting
from acts beyond its reasonable control including, without limitation, acts of God,
terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or
malfunction of facilities, labour difficulties (including any event of strike or lockout
arising in the context of the Licensor's workplace), war, or civil unrest.
IN WITNESS WHEREOF the parties hereto have set their corporate
seals duly attested by the signatures of their properly authorized officers
respectively the day and year first above written.
Signed, sealed and delivered THE CITY OF SAINT JOHN
Don Darling, Mayor
Jonathan Taylor, Common Clerk
Common Council Resolution:
January , 2020
707990 N.B. Inc.
Per:
SCHEDULE "A"
CITY OF SAINT JOHN PARKS & RECREATION
ARENA USE REGULATIONS
1) Ice maintenance is completed at times mutually agreed by the Licensee and
Licensor except that the Licensor at its sole discretion may cause ice
maintenance to occur at any time to ensure the quality of the ice.
) Should any booked period be sold to another user, the Licensor must be so
advised. Should a dispute arise at the rink, the attendant will defer to the
Licensee.
3) The City's Arena Code of Conduct is in effect.
4) The Licensee is responsible for damages to the premises arising out of his
use of the facility.
5) The arena attendant on duty is in complete charge of the facility, and his/her
instructions are to be followed at all times.
6) All persons on the ice must wear skates.
7) No food or drink is allowed while skating.
8) The City of Saint John, its employees, and agents, cannot be held
responsible for any personal injury suffered by any user as a result of the
Licensee's programs.
COUNTY OF SAINT JOHN
I, Jonathan Taylor, of the Town of Quispamsis, in the County of Kings and Province
of New Brunswick, MAKE OATH AND SAY:
THAT I am the Common Clerk of The City of Saint John and have custody of the
Common Seal hereof.
2. THAT the seal to the foregoing instrument affixed is the Common Seal of The City
of Saint John and that it was so affixed by Order of the Common Council of the said City.
THAT the signature "Don Darling" to the said instrument is the signature of W.
Donald Darling, Mayor of the said City, and the signature "Jonathan Taylor" thereto is my
own signature.
4. THAT we are the proper officers to sign the foregoing instrument on behalf of The
City of Saint John.
SWORN TO BEFORE ME
at the City of Saint John, in the
County of Saint John and
Province of New Brunswick
this day of , 2020
Jonathan Taylor
Commissioner of Oaths
Being a Solicitor
COUNTY OF SAINT JOHN
PROVINCE OF NEW BRUNSWICK
I, Andrew Bezeau, of the ` of 04'7-,,70-, County of 4'117701111
and Province of New Brunswic , MAKE OATH AND SAY:
1. THAT I am the President of 707990 N.B. Inc., the licensee named in the
foregoing instrument and have custody of the corporate seal of the said company
and am duly authorized to make this affidavit.
2. THAT the seal affixed to the foregoing agreement and purporting to be the
corporate seal of 707990 N.B. Inc. is the corporate seal of the said 707990 N.B. Inc.,
the contractor named in the foregoing instrument and it was affixed by the officer
authorized to so affix the seal.
3. THAT the signature "Andrew Bezeau" subscribed to the said instrument is
my signature and as I am duly authorized to execute the said instrument.
n
in the Province of New Brunswick on the
4. THAT the said document was executed as aforesaid at the of
ay of
2020.
SW RN TO BEFORE ME at the
of —
in the County of"
,l '�� A�
and Province Brunswick
thisy 2020
And ew Bezeau
issi�of Oaths
olicitor