Loading...
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 K 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 K 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 K3 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) K 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) K3 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 4 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 61 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 C.1 COMMON COUNCIL/ CONSEIL COMMUNAL January 13, 2020 / le 13 janvier 2020 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 IL [00]►[4L1ilk] ilk] 11193 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 2 r� 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 3 E:3 COMMON COUNCIL/ CONSEIL COMMUNAL 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. [! 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. IL 100000114Y1:]:]11191 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. G1 ito] COMMON COUNCIL/ CONSEIL COMMUNAL January 13, 2020 / le 13 janvier 2020 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. Cd 11 COMMON COUNCIL/ CONSEIL COMMUNAL January 13, 2020 / le 13 janvier 2020 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. VA 12 COMMON COUNCIL/ CONSEIL COMMUNAL January 13, 2020 / le 13 janvier 2020 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. IL IQI[Q0[GYM ilk] all1991 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; 8 13 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. 14 01 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 iF:3 13 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 14 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. 15 491 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; -3- 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: !E:3 (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; !Loll -5- 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; 6791 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 51 -7- 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". 6'i! -10- 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 -11- 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"; 67� -12- (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; 61FA -13- (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. 6'1:3 -14- 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 -15- 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] -16- (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; -17- (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 I' -18- (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 W -19- 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; -20- (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. ICU -21 - 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.] C�� -22 - 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 -23 - 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 -24 - 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: -25 - 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 71 -2 - 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) W9L1 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) W9L1 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 (28 pages) 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 -12- 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 ---- — I `N791 LO r • �l A r i • • �Y • E r� r .. q�rm ip fq, rl w 1 hut. �iww .. rr. a'n�'dGf� CN u Alf Ul LO r • �l A r i • • • CN Ul LO r Ln cn Q) H _O .o0 Q) nC UO 4--) (O O U Q) m Q) nC �0 Q) Q) O n E III Q) U D Q) nC O N O U N 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. fi"M -2 - 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 `M -3 - 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 `[:�I -4 - 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 ` FAM 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. `rE:3 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. `Fail 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 } ) `E:191 [name] D SCHEDULE `E:i! v O H CD CL -I CD d j D Q 0) CL rn m c� .. OR |E 2 ■ § . � � | I | �■|■ |E 2 a 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. `E:1:3 -3- • 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. `E:1%7 -4 - 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 U 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. `11106%, -2 - 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 `&ON -3 - 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 fI11106Z:1 -2 - 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. `LOtl -3 - 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. `RU] -4 - 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 f1Pl:7 -5 - 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? 180191 -6 - 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. KIYA � « 2 � • • 0 N � p O ca N+j -0 Q O Q 4-Jp cn O Q .0 O O E p � U O _ .N .� Q �, N i - M > (3) O cn O N 0-W O N iA w 0 +-+ pQ a-0 N N M Q^ a) U — U N ca N —Ln_ m +, cn 0 O Q Q -C � 4— U 0 w U Gj O _ N 4-J -0 N Q cn O CL N Q L 2 p O U W >� N Q +-+ ca }' O U f6 Q +� -0 cn L+.- }' U +, _' o Q � p N Q N Q p O > N N OC)- N — ca 4-J +-0 C N N N a--+ -0 Q O ca Q ca Q >% U C: N +j +-+ • • 0 N -4 • • o m r Q N U � N O U O CL DC w � U N > _0 N U i N N O N O Q J +j m N O • }' .0 N U cn u O '> N .— O mCL N 0 L N � Q 0 N co Q N N aA � O LU O fu a--' N O U U Q E a--i ' iA iA 0 u U N N +-' EE }' O Lu w U i.i U ui • • • • • r O N DC cn W N Q ^ U a� O cn _ Ln U O � N U N � tic O a_+ E— LU O • LL 0 N N Q N DC Q i Q .� CL Q O O +- X w i U 0 0 0 O � N Q u Qa..+ ate+ U U fu> a--+ +j +-+ v O � �CL a- Q cn U E U U • • • • • 0 i U L/) 4-J Ln N O �. O � W E O c6 E N MLU N • � ca N � m `� aA Q N ca Om �p — • cn _0 0 O CL ' N 4-J U N cc uN M E U QJ 4-J i.� m -0 .. — � aJ N aA "(7 C6 ate-+ i LU J C .N fLU O cn N D Q (n Q O •C6� LU G N U10 m w > •— N Q .S N Q C:U -0N C�0 > `�' ) =3�' W i O (� m a� z a) o M :LjN0 S _0 u (3j(3)+, 4- = } , � l�A � •ca Q O Q m O v O N }' N O 0- ro U i z U V "=3o _� Q 0 W •`Z •i •� fu O cn • • • • U E � N }' W i DC QU N f6 • • l0 O U m 0 CLQ ca > N N \ W Q O U- E O ca N LU G C6 U 0 �--I u I a--+ C6 E 0 0 Ln 0 G W Ln u 0 U r N U ca U (6 a -J v w O N — U i N UQ1 j E c6 0 ' N W O O ca N W_0 M ate -J O Q i O U LO W N N O U E a N V •� +j CL O a O O X CL i v O O Ov ca v a -J ateJ C6 ^ U CL U cn U cn cn F-- cn N L4�- w C -0 Q 'O p O i N O O C N m > v N N 'N 0 JO U i — p cn E • • • co E_ r ca OCIER 0 0 m U CL m(10 o CL U o J a •O 'N i a_ Q +j +j j N i U a� cn E E ca N a� O O M N Q 4-1 m 00 CL (1) O O 00• CL w • (� U > � N J U _0 0 O W `~ \ E m ; U 0 N r -I 00 _0 0 N a) N +j O O � Z w cn E un cn G Q r •v O E 'O N 07 _0 tU0 O — •N cn E . E _0 N — cn , ate-+ co U •� _ N � O N O � i N c3 N m a) N E U U .N ate--+ fu O •� E f6 cy- 1= +j O N O 4-J N U CUO O ' ca —_ N }' -I-J N U Q N N +-' 76 •U N N -0 cn dr- LU 4te-5 O • • • rl � r II O E U -a O j +j N .. O — •— L O O — L7 O C: CL i E 2 U N O O N O i U E O •ULn 0 0 o N� a- �O � N N o a••' +j Q i Xcn ca -0 N U O co �O O NE -0tZ0 � tZ0 Q X i Ln E o E O a_' •� 40- N N X ca 4-J 4-J• }, N ON .0 N O w G N U N U i U }, O ON U X tun O N • U p a--+ • N LL � (/') � � • � a--+ � � � ate--+ N Q m N f6 O N N 0- N 0 N +N-+ U i i N — U =3f6 — 4-J N � p S Q 40— Q ci U .� Q N W O O - O .O Q LU N r N U E = Ca H O LL i \ Q N Q i 4-J Q O N U 0 'E � ca O L Ln U aA aA o z cn cn a -J (n rn E N U U N N .O .O U \ N 4N-+ CL O N _0 _0 E 0 ca ca a -J O O cn O �. U .C6 }' fu CIO i N X X _0 Q M N N 'v \ , N O .O - N N o .0 m U f6 oc ci _0 N -0 O O •� ca _0 O 0 _ = O � Q C6 O U \ N � a--+ N LU-nm N 4-J N •� U i N N O i •— ca Q � N Q N CL - U m (� v iA C6 _0 0 E m U 0 O N N i'a ca Q � a� 0 N _0 � CL x Q= Z O Q N ? m N m C .; 4••+ � • N i � L O 4-0 ca 4-' L 4-0 O N 4-0 N .N Q O tZ0 O L 4-0 N a) OCL 0,� a� m Q 0 ~ of O +-+ m i Q E E � J Q W_ iz ate--+ m m Z i� cn Rt r -I 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 No INS O a--+ co E E O V Q) Me Pim O N CL 0 N � 0)m (,,.o � r Ln (,o N 10 10 11=1 "i7 • K ►! M OR i 00 N O i m �z E o E `~ a� o L O vi }' O o N .P f O =3 i rl-4 -0a) U +'' cn +j O N r -I C U OU m U — — m a) _0 ca ate••' U U c� N C J � fu Q tZ0 ca m U L 00 r a) C6 _ � `.r- tU0 0 Ln a) m+� o Q z o OR U C6 E _0 0 a--+ O cn N-0 _I_— N a -J > '� U 4-J cn i • 7n (2) U N _0 cn ca _ 0 0 Q L+.- _0 .7 U N (� U W �' aA O .� > O 'N N O N U • 0 U ate.+ E f6 Ln N i O N -0 �` N - U — fu -0 O p Q > ca N E U •� f6 U W J N — fu W ►! 0 r N � N O � N DC N O v � � U Lid O O O O U O •`n O O O O O O O No o Ln -0 O O N N r -I m N I I I I LL Q� LL U O v i ca Q 'gip Lu J (/) 0 r O � � O Ln U • •U N � 0Q � C6 N \ C: _ N a"' E N C: O N L L L � • � � CLO co Q a--+ • U L � N J i N Q i N i cn aA a -J •i N _Q N >` � f6 N N U cn O Q O_ N - •v '>. N E • N O � O U I L O O >, N 4 •V I — 'Z7i� CL N N i � •� U cn N � N � Q a-+ ca Q Q � U m 0 CL Q N Ln N N i..� E > 0 t�0 ,� C _M a O 0 • • • Le INS w O O •• O Q Q -0 N N O O O E ON E E Q N Ln U N N Q U N N C 4-J N a--+ 0 ca U cn Ln O ULn • V 'N a..i E p �• CL b ate-+ ate-+ Ln O _� N !E i N a--+ N U N — ' O N Ln 0 U C6 'C6 . Ln — Q U ca O J � ca GJ ate -J • • • Le INS w a INS 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 266 �),I" ulllul , i llo I iii 11ti%u o �� r� f 411 r� �Yrl�iillllll��iP Ir--rl a�»u(( VVVVVI liIVillillillillVl iIVn I �f���j muolomlu mououV IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII p01 mVVVV IIIIIVIIIII 11111101111 IVVmIV moom mVVVV IIIIIVVIIIe o I momV IIIIVIIIIIi Partner at Lawson Creamer in Saint John, He teaches labour relations, human resource management and business law '811111 oi i '811111 Registered nurse and Associate Professor at UNB. Research areas include violence and bullying in the workplace 1111111 1111111 '811111 Head Occupational Medicine, St.Michael's Hospital and Associate Professor and Director, Occupational Medicine, U of T 11111111 """' IIIIIIII Iairi eve lllr ° [, III IIr1111111111 """' ° airidI I 1111111 V ��k �Iri 1�ri mi umu umu 11111111s", , 1111111 11111111��Iuf6'.ca 11rIVIII � uml umul uuumuul uuuuuuuu "! �� , Canap-o�--rt' NBI LNGLI UNIVERSITY OF q5TORONTO 267 U1VB 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 V0:1 m fl. 0 N O r 0 VOl l a 11 €y go �� 3 � � R ;E � ;E I la jig M-gi-i'yY'sa sggjsa o" 3epyQy{ a 3vS5 $fads g3�s�aaM1B� � V � bJ t3 �Ai � " "o�O rr5 na:c6r FL #J Y� It ese(f qx C Y 33 p C j sa. y� 3 sss � u C u c •# oss 'S &511: Om 2 Y @ a h 2 7 ti � ry r_ 0 CL n,� 3 m m ®�o a do C r- 6 -0 6 u \ .r k � px Q HU U) piw 'N owl o a ...,.,. .... v C th C O C $ �•k d O U i g OSB LCL Z Y d t von ro �a ab 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