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2021-10-18_Agenda Packet--Dossier de l'ordre du jour�B City of Saint John Common Council Meeting AGENDA Monday, October 18, 2021 6:00 pm Meeting Conducted by Electronic Participation Pages 1. Call to Order 1.1. Land Acknowledgement 2. Approval of Minutes 2.1. Minutes of September 20, 2021 5 - 20 2.2. Minutes of October 4, 2021 21 - 33 3. Approval of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1. Proposed 2022 Common Council Meeting Schedule (Recommendation in 34 - 36 Report) 5.2. License for Remembrance Day Minute Gun Salute — Fort Howe 37 - 41 (Recommendation in Report) 5.3. Bilateral Funding Agreements - Various Municipal Buildings and Related 42 - 140 Amendments (Recommendation in Report) 5.4. Cleanup of Unsightly Property at 82 Victoria Street (Recommendation in 141 - 150 Report) 5.5. Proposed Public Hearing Dates — 576-578 Fundy Drive, 461 Millidge Avenue, 151 - 153 1429 Loch Lomond Road, 325 Main Street and 141 Hawthorne Avenue (Recommendation in Report) 5.6. Street Naming - Aviation Way (Recommendation in Report) 154 - 156 5.7. Proposed Revision to Gas Detection Equipment and Service Agreement 157 - 164 (Recommendation in Report) 5.8. Growth Committee: Fundy Quay Expenditure Reimbursement — Strategic Real 165 - 170 Estate Capital Reserve (Recommendation in Report) 6. Members Comments 7. Proclamation 8. Delegations / Presentations 9. Public Hearings - 6:30 p.m. 10. Consideration of By-laws 10.1. Proposed Zoning ByLaw Amendment with Section 59 Conditions - 110-128 171 - 175 Waterloo Street (3rd Reading) 10.2. Proposed Zoning ByLaw Amendment with Section 59 Conditions - 31 Cliff 176 - 183 Street (3rd Reading) 10.3. Proposed Municipal Plan Amendment, Zoning ByLaw Amendment and 184 - 192 Section 59 Conditions - 15 Broadway Avenue (3rd Reading) 10.4. Procedural By -Law Amendment - Internal Audit Charter (3rd Reading) 193 - 193 11. Submissions by Council Members 12. Business Matters - Municipal Officers 12.1. Presentation on District Energy System (DES) 194 - 222 12.1.1. Letter of support for the Smart Renewables and Electrification 223 - 223 Pathways Program (SREP) application - City of Saint John District Energy System (DES) Study 12.2. Presentation of Council's Priorities 2021-2025 224 - 229 13. Committee Reports 13.1. Growth Committee: Ethnocultural Grant Pilot Program 230 - 240 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 15.1. M. E. Carpenter: MoveSJ Public Private Partnership (Recommendation: 241 - 241 K Receive for Information) 16. 17 18. 15.2. Saint John Trojans Rugby Football Club (Recommendation: Refer to City 242 - 242 Manager for Letter of Support) 15.3. Improvements to West Trail: Request for Financial Contribution 243 - 243 (Recommendation: Refer to Grants Committee) Supplemental Agenda Committee of the Whole 17.1. South Willow Developments Ltd. Agreement of Purchase and Sale 17.2. Malta Inc. Option Agreement Adjournment 244 - 244 245 - 245 K City of Saint John Common Council Meeting Monday, October 18, 2021 Committee of the Whole 1. Call to Order Si vous avez besoin des services en frangais pour une reunion 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., Meeting Conducted through Electronic Participation 1.1 Approval of Minutes 68(1) 1.2 Legal Matter 68(1)(f) 1.3 Financial Matter 68(1)(c) 1.4 Financial Matter 68(1)(c) Ville de Saint John Seance du conseil communal Lundi 18 octobre 2021 18h Reunion menee par participation electronique Comite Plenier 1. Ouverture de la seance Si vous souhaitez obtenir des services en frangais pour une seance du conseil communal, veuillez communiquer avec le bureau du greffier communal au 658-2862. Chacun des points suivants, en totalite ou en partie, peut faire I'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, reunion menee par participation electronique 1.1 Approbation du proces-verbal 68(1) 1.2 Questions juridiques68(1)f) 1.3 Questions financieres 68(1)c) 1.4 Questions financieres 68(1)c) Seance ordinaire 1. Ouverture de la seance 1.1 Reconnaissance des terres 2. Approbation du proces-verbal 2.1 Proces-verbal du 20 septembre 2021 2.2 Proces-verbal du 4 octobre 2021 3. Adoption de I'ordre du jour 4. Divulgations de conflits d'interets 5. Questions soumises a I'approbation du conseil 2 5.1 Proposition de calendrier des reunions du Conseil communal pour 2022 (recommendation clans le rapport) 5.2 Licence pour la salve d'honneur de la minute du jour du Souvenir — Fort Howe (recommendation clans le rapport) 5.3 Accords de financement bilateraux — Divers batiments municipaux et modifications connexes (recommendation clans le rapport) 5.4 Nettoyage d'une propriete inesthetique au, 82, rue Victoria (recommendation clans le rapport) 5.5 Dates proposees pour les audiences publiques — 576-278, promenade Fundy, 416, avenue Millidge, 1429, chemin Loch Lomond, 325, rue Main et 141, avenue Hawthorne (recommendation clans le rapport) 5.6 Denomination de la rue —Aviation Way (recommendation clans le rapport) 5.7 Proposition de revision de I'accord sue 1'equipement et les services de detection de gaz (recommendation clans le rapport) 5.8 Comite sur la croissance : Remboursement des depenses du quai de Fundy — Immobilier strategique Reserve de capital (recommendation clans le rapport) 6. Commentaires presentes par les membres 7. Proclamation 8. Delegations et presentations 9. Audiences publiques 10. Etude des arretes municipaux 10.1 Proposition de modification de I'arrete de zonage avec les conditions de I'article 59—110-128, rue Waterloo (3e lecture) 10.2 Proposition de modification de I'arrete de zonage avec les conditions de I'article 59 — 31, rue Cliff (3e lecture) 10.3 Proposition de modification du plan municipal, modification de I'arrete de zonage et conditions de I'article 59 — 15, avenue Broadway (3e lecture) 10.4 Modification de I'arrete de procedure — Charte de verification interne (3e lecture) 11. Interventions des membres du conseil 3 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.1 Presentation sur le Systeme energetique collectif 12.1.1 Lettre de soutien au Programme des energies renouvelables intelligentes et de trajectoires d'electrification (REITE) — Etude du Systeme energetique collectif de la ville de Saint John 12.2 Presentation des priorites du Conseil pour 2021-2025 13. Rapports deposes par les comites 13.1 Comite sur la croissance : Programme pilote de subventions ethnoculturelles 14. Etude des sujets ecartes des questions soumises a I'approbation du Bureau 15. Correspondance generale 15.1 M.E. Carpenter : Partenariat public-prive pour le projet Deplacements SJ (recommendation : recevoir a titre d'information) 15.2 Saint John Trojans Rugby Football Club (recommendation : consulter le directeur municipal pour la lettre de soutien) 15.3 Amelioration du sentier ouest : Demande de contribution financiere (recommendation : renvoyer au Comite des subventions) 16.Ordre du jour supplementaire 17. Comite plenier 17.1 Accord d'achat et de vente de South Willow Developments Ltd. 17.2 Accord d'option de Malta Inc. 18. Levee de la seance CI Present: Also Present: COMMON COUNCIL / CONSEIL COMMUNAL September 20, 2021 / le 20 septembre 2021 ; ' i 11l/11►toll 1*011111:»e111WTI :i14*81I►10 COMMON COUNCIL OF THE CITY OF SAINT JOHN SEPTEMBER 20T", 2021 AT 6:00 PM 2nd FLOOR COMMON COUNCIL CHAMBERS Mayor Donna Noade Reardon Deputy Mayor John MacKenzie Councillor -at -Large Gary Sullivan Councillor -at -Large Brent Harris Councillor Ward 1 Joanna Killen Councillor Ward 1 Greg Norton Councillor Ward 2 Barry Ogden Councillor Ward 3 David Hickey Councillor Ward 3 Gerry Lowe Councillor Ward 4 Greg Stewart Councillor Ward 4 Paula Radwan City Manager J. Collin General Counsel M. Tompkins Commissioner, Human Resources S. Hossack Fire Chief & Chief Emergency Management Services K. Clifford Commissioner, Utilities & Infrastructure Services B. McGovern Commissioner, Growth & Community Services J. Hamilton Chief of Staff & Chief Financial Officer K. Fudge Commissioner, Public Works and Transportation Services M. Hugenholtz Director Legislative Services / City Clerk J. Taylor Deputy Clerk P. Anglin Administrative Clerk R. Evans 61 COMMON COUNCIL / CONSEIL COMMUNAL September 20, 2021 / le 20 septembre 2021 1. Call to Order 1.1 Land Acknowledgement Councillor Killen read the Land Acknowledgement and called for a moment of reflection. The City of Saint John/Menaquesk is situated is the traditional territory of the Wolastogiyik/Maliseet.The Wolastogiyik/Maliseet along with their indigenous nelghbours, the Mi'Kmaq/Mi'kmaw and Passamaquoddy/Peskotomuhkati signed Peace and Friendship Treaties with the British Crown in the 1700s that protected their rights to lands and resources. 1.2 National Anthem Saint John Symphony Youth Orchestra performers Brunda Dronadula (viola), Hansika Dronadula (double bass) and Snigdha Yerrabelli (viola) performed 0 Canada. 2. Approval of Minutes 2.1 Minutes of August 23. 2021 Moved by Councillor Sullivan, seconded by Councillor Hickey: RESOLVED that the minutes of August 23rd, 2021 be approved. IO WIIIf] 01 WTIilk] ilk] I:40a 3. Approval of Agenda Moved by Councillor Hickey, seconded by Councillor Harris: RESOLVED that the agenda of September 201h, 2021, be approved with the following revisions: • Removal item 7.1 Proclamation Freedom of the City - 403 Squadron • Add item 17.1 Parking Commission 4. Disclosures of Conflict of Interest Councillor Killen declared a conflict with item 13.6 Growth Committee - City Market. 5. Consent Agenda 2 C.1 COMMON COUNCIL / CONSEIL COMMUNAL September 20, 2021 / le 20 septembre 2021 5.1 That as recommended by the City Manager in the submitted report M&C 2021- 251: Cleanup of Unsightly Properties at 36 and 40 Princess Court, Common Council direct one or more of the Officers appointed and designated by Council for the enforcement of the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law, to arrange for the cleanup of the unsightly properties at 36 Princess Court, PID# 00300079 and 40 Princess Court, PID# 00300731. 5.2 That as recommended by the City Manager in the submitted report M&C 2021- 254: Tender # 2021-082401T Carleton Community Centre —Sandstone Remediation Phase 1, the tender be awarded to the low tenderer, Jones Masonry Ltd., at the tendered price of $176,985 (including HST) and that the Mayor and City Clerk be authorized to execute the necessary contract documents. 5.3 That as recommended by the City Manager in the submitted report M&C2021- 252: Appointment of a Heritage Officer Pursuant to the Heritage Conservation Act, Mr. Benjamin Peterson be appointed as a Heritage Officer for the City of Saint John pursuant to Section 54 ofthe New Brunswick Heritage Conservation Act. 5.4 That as recommended by the City Manager in the submitted report M&C 2021-250: 2021 Fall Debenture Application, Common Council approve the following: RESOLVED that occasion having arisen in the public interest for the following Public Civic Works and needed Civic Improvements that the City of Saint John proposes issue of the following debentures to be dated on or after September 22, 2021: GENERAL FUND — 15 years General Government $2,000,000 Protective Services $500,000 Transportation $500,000 Recreation and Culture $3,000,000 TOTAL $ 6,000,000 REFINANCE DEBENTURES Debenture No. BF 10- 2011- $1,500,000 (General Fund — 5 years) Debenture No. BE 11 -2011- $3,500,000 (Water & Sewerage —10 years) TOTAL $ 5,000,000 GRAND TOTAL $11,000,000 5.5 That the submitted report M&C2021-259: Honeysuckle Drive Drainage 3 r� COMMON COUNCIL / CONSEIL COMMUNAL September 20, 2021 / le 20 septembre 2021 Basin Update be received for information. 5.6 That as recommended by the City Manager in the submitted report M&C 2021-255, Contract No. 2021-15: Sanitary Sewer Structural Lining — Phase V (Various Locations) the contract be awarded to the low Tenderer, Eastern Trenchless Ltd., at their tendered price of $154,937.20 (including HST) as calculated based upon estimated quantities, and that the Mayor and City Clerk be authorized to execute the necessary contract documents. 5.7 That as recommended by the City Manager in the submitted report M&C 2021-253: Licence of Occupation — Province of New Brunswick Road Maintenance and Culvert Replacements, Lorneville Area, the City of Saint John enter into Licence of Occupation File No. 447 02 1786 with the Province of New Brunswick (Department of Natural Resources and Energy Development, Crown Lands Branch); and that the Mayor and City Clerk be authorized to execute the necessary documents. 5.8 That the submitted report M&C 2021-257: Fundy Quay- Public Space Engagement Event, be received for information. Moved by Deputy Mayor MacKenzie, seconded by Councillor Stewart: RESOLVED that the recommendation set out in each consent agenda item respectively be adopted. MOTION CARRIED UNANIMOUSLY. 6. Members Comments 7. Proclamation 7.1 Rail Safetv Week — September 201h to September 261h. 2021 The Mayor proclaimed September 201h to 261h, 2021 as Rail Safety Week in the City of Saint John. 8. Delegations/Presentations Saint John Ability Advisory Committee Executives Jeff Sparks and Marisa Hersey-Meisner joined the meeting by virtual participation. 8.1 Saint John Ability Advisory Committee 4 E:3 COMMON COUNCIL / CONSEIL COMMUNAL September 20, 2021 / le 20 septembre 2021 Referring to the submitted report Saint John Ability Advisory Ms. Hersey-Meisner described the Committee's role to represent all people with disabilities, remove barriers and to make the City of Saint John a more inclusive place to live, work, and play. Moved by Councillor Harris, seconded by Councillor Hickey: RESOLVED that the presentation from the Saint John Ability Advisory Committee be referred to the Transit Commission. IO [all IIf] ► Kalil ilk] ilk] I:40a Saint John Ability Advisory Committee Executives Jeff Sparks and Marisa Hersey-Meisner withdrew from the meeting. New Brunswick Coalition of Persons with Disabilities Executive Chair Shelley Petit joined the meeting by virtual participation. 8.2 New Brunswick Coalition of Persons with Disabilities Referring to the submitted report New Brunswick Coalition of Persons with Disabilities Shelley Petit described the Coalition's goal to achieve a New Brunswick where people with disabilities would all have access to an adequate standard of living, have access to suitable supports to be able to fully and equally participate in society. Moved by Councillor Harris, seconded by Councillor Hickey: RESOLVED that the submitted report entitled New Brunswick Coalition of Persons with Disabilities be referred to the Transit Commission. IO [all IIf] ► Kalil ilk] ilk] I:40a New Brunswick Coalition of Persons with Disabilities Executive Chair Shelley Petit withdrew from the meeting. 9. Public Hearings - 6:30pm 10. Consideration of By -Laws 10.1 Municipal Plan, Zoning Bylaw and Section 59 Conditions — 60 Technology Drive (Third Reading) Moved by Deputy Mayor MacKenzie, seconded by Councillor Sullivan: RESOLVED that the by-law entitled, "By -Law Number C.P. 106-27 A Law to Amend the Municipal Plan By -Law of The City of Saint John" deleting Policy LU-68 and replacing it with "Recognize that the Somerset Business Park has been established west of Somerset Street adjacent to Technology Drive. It shall be the policy of Council to encourage the use 5 COMMON COUNCIL / CONSEIL COMMUNAL September 20, 2021 / le 20 septembre 2021 of these lands for an appropriate range of technology, knowledge, laboratory, and research -based businesses, as identified in the Zoning Bylaw; amending Schedule A— City Structure, by redesignating a parcel of land with an area of approximately 13.71 hectares, located at 60 Technology Drive, also identified as PID 55144109 and PID 55190458, from Employment Area, Local Centre, and Urban Neighbourhood to Urban Neighbourhood; and redesignating on Schedule B of the Municipal Development Plan, land having an approximate area of 13.71 hectares, located at 60 Technology Drive, also identified as PID 55144109 and PID 55190458, from Business Centre, Stable Residential, and Local Centre to Medium to High Density Residential, be read. MOTION CARRIED. The by-law entitled "By -Law Number C.P. 106-27 A Law to Amend the Municipal Plan By - Law of The City of Saint John," was read in its entirety. Moved by Deputy Mayor MacKenzie, seconded by Councillor Sullivan: RESOLVED that the by-law entitled, "By -Law Number C.P. 106-27 A Law to Amend the Municipal Plan By -Law of The City of Saint John" deleting Policy LU-68 and replacing it with "Recognize that the Somerset Business Park has been established west of Somerset Street adjacent to Technology Drive. It shall be the policy of Council to encourage the use of these lands for an appropriate range of technology, knowledge, laboratory, and research -based businesses, as identified in the Zoning Bylaw; amending Schedule A— City Structure, by redesignating a parcel of land with an area of approximately 13.71 hectares, located at 60 Technology Drive, also identified as PID 55144109 and PID 55190458, from Employment Area, Local Centre, and Urban Neighbourhood to Urban Neighbourhood; and redesignating on Schedule B of the Municipal Development Plan, land having an approximate area of 13.71 hectares, located at 60 Technology Drive, also identified as PID 55144109 and PID 55190458, from Business Centre, Stable Residential, and Local Centre to Medium to High Density Residential, be read a third time, enacted and the Corporate Common Seal affixed thereto. IO ED]IIIf] ►[GL\ilk] ilk] I: 101 Read a third time by title, the by-law entitled "By -Law Number C.P. 106-27 A Law to Amend the Municipal Plan By -Law of The City of Saint John." Moved by Councillor Hickey, seconded by Deputy Mayor MacKenzie: RESOLVED that the by-law entitled, "By -Law Number C.P. 111-119 A Law to Amend the Zoning By -Law of The City of Saint John," ", amending Schedule "A", the Zoning Map of The City of Saint John, by rezoning a parcel of land having an area of approximately 13.71 hectares, located at 60 Technology Drive, also identified as PID Numbers 55144109 and 55190458, from Business Park Commercial (CBP) to High -Rise Residential (RH), be read. 6 iN COMMON COUNCIL / CONSEIL COMMUNAL September 20, 2021 / le 20 septembre 2021 MOTION CARRIED. The by-law entitled, "By -Law Number C.P. 111-119 A Law to Amend the Zoning By -Law of The City of Saint John," was read in its entirety. Moved by Councillor Killen, seconded by Councillor Stewart: RESOLVED that the by-law entitled, "By -Law Number C.P. 111-119 A Law to Amend the Zoning By -Law of The City of Saint John," ", amending Schedule "A", the Zoning Map of The City of Saint John, by rezoning a parcel of land having an area of approximately 13.71 hectares, located at 60 Technology Drive, also identified as PID Numbers 55144109 and 55190458, from Business Park Commercial (CBP) to High -Rise Residential (RH), 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 Number C.P. 111-119 A Law to Amend the Zoning By -Law of The City of Saint John." MOTION CARRIED. Moved by Councillor Sullivan, seconded by Councillor Lowe: RESOLVED that Common Council, pursuant to the provisions of Section 59 of the Community Planning Act (SNB 2017, c.19), hereby discharges the resolution adopted on January 11, 1999, imposed on the rezoning of a parcel of land located at 899 Somerset Street also identified as being PID Numbers 55144109 and 55190458 and which was made pursuant to the provisions of Section 39 of the Community Planning Act in effect at that time (RSNB 1973 as amended). MOTION CARRIED. Moved by Councillor Harris, seconded by Councillor Stewart: RESOLVED that Common Council, pursuant to the provisions of Section 59 of the Community Planning Act, impose the following conditions on the parcel of land having an area of approximately 13.71 hectares, located at 60 Technology Drive, also identified as PID Numbers 55144109 and 55190458: (a) That the development and use of the parcel of land be in accordance with a detailed landscaping plan prepared and implemented by the developer that incorporates the following in addition to the requirements of the Zoning By -Law: • the planting of a minimum of one tree or shrub for every 45 square metres of required front yard provided at least 50 percent of the required plants are trees, and rA 11 COMMON COUNCIL / CONSEIL COMMUNAL September 20, 2021 / le 20 septembre 2021 • the retention of existing trees on Lot 5 located at the intersection of Sussex Drive and Technology Drive. (b) That should greater than 500 dwelling units be proposed, the developer provide and engineering assessment that sufficient sanitary sewer capacity exists to accommodate the additional dwelling units beyond the initial 500 dwelling units; (c) The development and use of the parcel of land be in accordance with detailed building elevation and site plans, prepared by the proponent and subject to the approval of the Development Officer, illustrating the design and location of buildings and structures, garbage enclosures, outdoor storage, driveway accesses, vehicle, and bicycle parking, loading areas, landscaping, amenity spaces, signs, exterior lighting, and other such site features. The building elevation drawings are to be in substantial conformity with the building design presented in the rezoning application; (d) The above elevation, site and landscaping plans be attached to the permit application for the development of the parcel of land, (e) That the developer be responsible for the extension of the existing sidewalk on Technology Drive to the terminus of the cul-de-sac bulb; (f) That a Traffic Impact Study be completed to assess the traffic impacts of the proposed development, including required improvements to the Technology Drive / Somerset Street intersection and pedestrian circulation improvements to the Somerset Street, Technology Drive and Sussex Drive area; and (g) If any municipal infrastructure improvements are required to service this proposal, it will be the owner/developer's full responsibility and cost to complete. Prior to determining this, detailed engineering plans and a design brief must be submitted by the owner/developer's engineering consultant to the City for review and approval by the City. IL [D]IIIf] [GL\ilk] ilk] I: 101 Moved by Deputy Mayor MacKenzie, seconded by Councillor Killen: RESOLVED that Common Council accept a money -in -lieu of Land for Public Purposes dedication for the proposed Somerset Investments Ltd. Subdivision at 60 Technology Drive. MOTION CARRIED. Moved by Councillor Lowe, seconded by Councillor Hickey: RESOLVED that Common Council assent to any necessary Local Government Services Easements for the proposed Somerset Investments Ltd. Subdivision at 60 Technology Drive. 8 12 COMMON COUNCIL / CONSEIL COMMUNAL September 20, 2021 / le 20 septembre 2021 MOTION CARRIED. 10. 2 Zoning ByLaw Amendment with Section 59 Conditions — 1720 Manawagonish Road (Third Reading) Commissioner Hamilton provided an overview of the purpose of the rezoning to recognize a non -conforming motel as a permitted use. Moved by Councillor Radwan, seconded by Councillor Stewart: RESOLVED that the by-law entitled, "By -Law Number C.P. 111-118, A Law to Amend the Zoning By -Law of The City of Saint John" rezoning a parcel of land having an area of approximately 1,820 square metres, located at 1720 Manawagonish Road, also identified as PID No. 55237200, from Two -Unit Residential (R2) to General Commercial (CG), be read. MOTION CARRIED. The by-law entitled, "By -Law Number C.P. 111-118 A Law to Amend the Zoning By -Law of The City of Saint John," was read in its entirety. Moved by Councillor Hickey, seconded by Deputy Mayor MacKenzie: RESOLVED that Common Council, pursuant to the provisions of Section 59 of the Community Planning Act, impose the following conditions on the parcel of land having an area of approximately 1,820 square metres, located at 1720 Manawagonish Road, also identified as PID Number 55237200: a) Use of the property be restricted to the following purposes identified in the General Commercial (CG) zone of the City's Zoning By-law: • Accommodation; • Artist or Craftsperson Studio; • Bakery; • Business Office, subject to paragraph 11.7(3)(b); • Commercial Group; • Community Policing Office; • Day Care Centre; • Dwelling Unit, subject to paragraph 11.7(3)(c); • Financial Service; • Funeral Service; • Garden Suite, subject to section 9.8; • Grocery Store; • Home Occupation, subject to section 9.9; • Library; • Medical Clinic; • Personal Service; 9 13 COMMON COUNCIL / CONSEIL COMMUNAL September 20, 2021 / le 20 septembre 2021 • Pet Grooming; • Place of Worship; • Retail, General; • Secondary Suite, subject to section 9.13; • Service and Repair, Household; • Supportive Housing, subject to section 9.14; and • Veterinary Clinic. b) Access to the property is to be from Manawagonish Road. No access is to be provided to Llewelyn Avenue unless the required upgrades to Llewelyn Avenue are completed by the developer / property owner. Unless such upgrades are completed, the developer / property owner shall maintain a barrier prohibiting vehicular access between the subject property and Llewelyn Avenue. MOTION CARRIED. Moved by Councillor Sullivan, seconded by Councillor Harris: RESOLVED that the by-law entitled, "By -Law Number C.P. 111-118, A Law to Amend the Zoning By -Law of The City of Saint John" rezoning a parcel of land having an area of approximately 1,820 square metres, located at 1720 Manawagonish Road, also identified as PID No. 55237200, from Two -Unit Residential (R2) to General Commercial (CG), 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 Number C.P. 111-118 A Law to Amend the Zoning By -Law of The City of Saint John." 10.3 Zonine BvLaw Amendment — 867 Millidee Avenue (Third Readin Moved by Councillor Killen, seconded by Deputy Mayor MacKenzie: RESOLVED that the by-law entitled, "By -Law Number C.P. 111-117 A Law to Amend the Zoning By -Law of The City of Saint John" rezoning a parcel of land having an area of approximately 603 square metres, located at 867 Millidge Avenue, also identified as PID No. 55224810, from One -Unit Residential (R1) to Two -Unit Residential (R2), be read. MOTION CARRIED. The by-law entitled, "By -Law Number C.P. 111-117 A Law to Amend the Zoning By -Law of The City of Saint John," was read in its entirety. Moved by Councillor Sullivan, seconded by Councillor Radwan: RESOLVED that the by-law entitled, "By -Law Number C.P. 111-117 A Law to Amend the Zoning By -Law of The City of Saint John" rezoning a parcel of land having an area of 10 14 COMMON COUNCIL / CONSEIL COMMUNAL September 20, 2021 / le 20 septembre 2021 approximately 603 square metres, located at 867 Millidge Avenue, also identified as PID No. 55224810, from One -Unit Residential (R1) to Two -Unit Residential (R2), be read a third time, enacted, and the Corporate Common Seal affixed thereto. IO ED]II100KGJAilk] ilk] I: 101 Read a third time by title, the by-law entitled, "By -Law Number C.P. 111-117 A Law to Amend the Zoning By -Law of The City of Saint John." Moved by Councillor Sullivan, seconded by Councillor Hickey: RESOLVED that Common Council accept a money in -lieu of Land for Public Purposes dedication for the proposed Mohamed A. Morad & Ali S. Mourad Subdivision at 867 Millidge Avenue. MOTION CARRIED. Moved by Councillor Sullivan, seconded by Councillor Radwan: RESOLVED that Common Council give assent to any necessary local government services easements. IL 1501100KGJAII S,1:40a 11. Submissions by Council Members 11.1 Cities Race to Zero (Councillor Harris) Moved by Councillor Hickey, seconded by Councillor Radwan: RESOLVED that the matter Cities Race to Zero be referred to the City Manager for a staff review with a timeline of the end of October, if possible. MOTION CARRIED. 12. Business Matters -Municipal Officers 12.1 Public Access to Citv Facilities due to COVID Pandemic The City Manager advised Council the City EMO may need to be activated to address the spread during the fourth wave of COVID-19 and the new measures to be imposed by the province. The new mandate requiring masking indoors, and COVID-19 vaccination verification goes into effect Wednesday September 22nd. The mandatory order must be followed to enter the City -owned indoor sports facilities, community centers, City - organized indoor events. Moved by Councillor Lowe, seconded by Councillor Sullivan: 11 15 COMMON COUNCIL / CONSEIL COMMUNAL September 20, 2021 / le 20 septembre 2021 RESOLVED that as recommended by the City Manager in the submitted report Public Access to City Facilities due to COVID Pandemic Common Council recognize the direction received from the provincial government, including the requirement to wear masks indoors in addition to the requirements below: • Apply the Provincial direction received on proof of vaccination to o City indoor sports facilities o City -owned community centres o City -organized events o To conform with intent of provincial direction o City counter -services to remain unrestricted o Access to city workspaces beyond any counter is denied unless proof of vaccination is provided o City Market vendors to be formally informed of City expectation that they will comply with provincial direction o City Market solarium to remain open with proof of vaccination required and verified by the City. Solarium hours to be adjusted to "expanded lunch hours" only o For all Council and Committee meetings, the public, including presenters, must show proof of vaccination or be denied access and instead invited to participate "virtually" o Convey the City's approach and the City's understanding of the provincial direction to all applicable Agencies, Boards and Commissions. MOTION CARRIED. 12.2 Truth and Reconciliation Efforts Referring to the submitted report entitled M&C 2021-264: Truth and Reconciliation Efforts General Counsel M. Tompkins provided an update on Truth and Reconciliation efforts and advised of the initiatives staff will implement in the coming days, weeks, and months to advance Truth and Reconciliation and seek Council's approval of these initiatives. Moved by Councillor Killen, seconded with Councillor Ogden: RESOLVED that as recommended by the City Manager in the submitted report M&C2021- 264: Truth and Reconciliation Efforts, Common Council endorse the initiatives described in the report. MOTION CARRIED. 13. Committee Reports 13.1 Chairperson Verbal Update - Inaugural Meeting of the Public Safety Committee 12 COMMON COUNCIL / CONSEIL COMMUNAL September 20, 2021 / le 20 septembre 2021 Councillor Hickey Chair of the Public Safety Committee provided a recap of the committee's inaugural meeting held on August 4th, 2021. The Committee reviewed five staff reports; three reports adopted recommendations that are submitted for Common Council adoption. Moved by Councillor Sullivan, seconded by Councillor Ogden: RESOLVED that the inaugural meeting of the Public Safety Committee verbal update be received for information. MOTION CARRIED. 13.2 Public Safety Committee: Municipal Emergency Response Plan — MERP Moved by Councillor Hickey, seconded by Councillor Radwan: RESOLVED that as recommended by the Public Safety Committee in the submitted report M&C2021-261: Municipal Emergency Response Plan — MERP, Common Council adopt the Municipal Emergency Response Plan (MERP) attached to this report and developed in accordance with the provincial Emergency Measures Act, RSNB 2011, c. 147 and the Saint John Emergency Measures By -Law, By-law Number EM-7. MOTION CARRIED. 13.3 Public Safety Committee: The City of Saint John Safety and Continuity Management Program and Service Review Schedule Moved by Councillor Hickey, seconded by Councillor Radwan: RESOLVED that as recommended by the Public Safety Committee in the submitted report M&C 2021-263: The City of Saint John Safety and Continuity Management Program and Service Review Schedule, Common Council approve the following: • The City of Saint John Safety and Continuity Management Program of Plan / Do / Check / Act and • The Public Safety Committee — Service Review Schedule as presented in Table 1. MOTION CARRIED. 13.4 Public Safety Committee: Vehicle Speed Management Moved by Councillor Hickey, seconded by Deputy Mayor MacKenzie: RESOLVED that as recommended by the Public Safety Committee in the submitted report M&C2021-256: Vehicle Speed Management, Common Council: 13 17 COMMON COUNCIL / CONSEIL COMMUNAL September 20, 2021 / le 20 septembre 2021 1. Commit to the assessment of the speed limits of a minimum of 20 residential City streets, spread out across the City, between 2021 and 2022, using recognized national best practices, that will result in recommendations to Common Council to introduce 40 KM/H speed limits on several residential City streets by the end of 2022; 2. Commit to an implementation timeline of traffic calming, pedestrian safety, and bike lane improvements on University Avenue as previously endorsed by Common Council, where elements of those improvements are completed in 2021, and all elements completed by end of 2022; 3. Commit to completion of Safer School Zone Projects for Islandview and Millidgeville North schools, pending Common Council's approval of funds within the 2022 General Fund Operating Budget; 4. Send a formal request to the Police Commission asking for recurring, focused 'blitz' enforcement of speeding violations on residential streets; and 5. Commit to additional public education campaign in 2021 or 2022 regarding speeding in residential areas. MOTION CARRIED. 13.5 Chairperson Verbal update —Growth Committee Councillor Killen, Chair of the Growth Committee provided a verbal update of the Growth Committee meeting held on September 141h, 2021. One item of business was the appointment of Councillor Brent Harris as Vice Chair of the Growth Committee. The Committee received several reports for information and the following are recommendations that will be submitted for Council's adoption: • Saint John City Market Strategic Plan • Ethnocultural Small Grant Pilot Project. Moved by Councillor Killen, seconded by Councillor Hickey: RESOLVED that the verbal update be received for information. MOTION CARRIED. Having declared a Conflict of Interest on item 13.6 City Market Strategic Plan Councillor Killen withdrew from the meeting. 13.6 Growth Committee: City Market Strategic Plan — Steering Committee —Terms of Reference Moved by Councillor Harris, seconded by Councillor Radwan: RESOLVED that as recommended by the Growth Committee in the submitted report M&C 2021-258: City Market Strategic Plan — Steering Committee — Terms of Reference, 14 iF:1 COMMON COUNCIL / CONSEIL COMMUNAL September 20, 2021 / le 20 septembre 2021 Common Council create and populate the City Market Strategic Plan (Ad Hoc) Steering Committee and adopt its terms of reference. MOTION CARRIED. Councillor Killen re-entered the meeting. 14. Consideration of Issues Separate from Consent Agenda 15. General Correspondence 15.1 Residents of Cosy Lake Road re: ATV's (Recommendation: Refer to City Manager) Moved by Deputy Mayor MacKenzie, seconded by Councillor Sullivan: RESOLVED that the letter from 'The Residents of Cosy Lake Road' be referred to the City Manager. MOTION CARRIED. 15.2 P. Conway re: Flyer Deliveries (Recommendation: Refer to City Manager) Moved by Councillor Harris, seconded by Deputy Mayor MacKenzie: RESOLVED that that the letter from P. Conway re: Flyer Deliveries be referred to the City Manager. MOTION CARRIED. 15.3 Fundy Regional Services Commission - Submission of Proposed Operating Budget for the Year 2022 (Recommendation: Refer to City Manager) Moved by Councillor Harris, seconded by Deputy Mayor MacKenzie: RESOLVED that the letter from Fundy Regional Service Commission re: Submission of Proposed Operating Budget for the Year 2022 be referred to the City Manager. MOTION CARRIED. 15.4 Saint John Energy Request to Present (Recommendation: Refer to the Clerk to schedule Moved by Deputy Mayor MacKenzie, seconded by Councillor Sullivan: RESOLVED that the letter from R. Robinson re: Saint John Energy Request to Present be referred to the City Clerk to schedule. IL [all IIf] ► Kalil ilk] ilk] I:10a 15 11111061 COMMON COUNCIL / CONSEIL COMMUNAL September 20, 2021 / le 20 septembre 2021 16. Supplemental Agenda 17. Committee of the Whole 17.1 Parking Commission Dissolution Moved by Councillor Radwan seconded by Deputy Mayor MacKenzie: RESOLVED that as recommended by the Committee of the Whole having met on September 201h, 2021, Common Council adopt the following; 1. Dissolve the Saint John Parking Commission on October 1, 2021, 2. Increase the City of Saint John Staffing Establishment to accept former Parking Commission employees into the City organization, and 3. Enter into (i) the Donation Agreement between the Parking Commission and the City and (ii) the Assignment and Assumption and any document ancillary thereto presented to Committee of the Whole at its Sept. 201h meeting being necessary to transfer all assets and liabilities of the Parking Commission to the City, and Authorize the Mayor and City Clerk to execute such Donation Agreement and Assignment and Assumption Agreement, effective as of October 1, 2021, and any other documentation required to give effect to the transfer of all assets and liabilities and the dissolution of the Parking Commission. MOTION CARRIED. 18. Adjournment Moved by Councillor Sullivan, seconded by Councillor Stewart: RESOLVED that the meeting of Common Council held on September 20, 2021, be adjourned. MOTION CARRIED. The Mayor declared the meeting adjourned at 9:00 p.m. 16 491 Present: Also Present: COMMON COUNCIL / CONSEIL COMMUNAL October 4th, 2021 / le 4 octobre 2021 ; ' i 11l/11►toll 1*011111:»e111WTI :i14*81I►10 COMMON COUNCIL OF THE CITY OF SAINT JOHN OCTOBER 4TH, 2021 AT 6:00 PM MEEETING CONDUCTED BY ELECTRONIC PARTICIPATION Mayor Donna Noade Reardon Deputy Mayor John MacKenzie Councillor -at -Large Gary Sullivan Councillor -at -Large Brent Harris Councillor Ward 1 Joanna Killen Councillor Ward 1 Greg Norton Councillor Ward 2 Barry Ogden Councillor Ward 3 David Hickey Councillor Ward 3 Gerry Lowe Councillor Ward 4 Greg Stewart Councillor Ward 4 Paula Radwan City Manager J. Collin General Counsel M. Tompkins Commissioner Human Resources S. Hossack Fire Chief & Chief Emergency Management Services K. Clifford Commissioner Utilities & Infrastructure Services B. McGovern Commissioner Growth & Community Services J. Hamilton Chief of Staff & Chief Financial Officer K. Fudge Commissioner Public Works and Transportation Services M. Hugenholtz Director Legislative Services / City Clerk J. Taylor Deputy Clerk P. Anglin Administrative Officer R. Evans 21 COMMON COUNCIL / CONSEIL COMMUNAL October 4th, 2021 / le 4 octobre 2021 1. Call to Order To conform to the Revised Mandatory Order COVID-19 proclaimed September 291h, 2021, Council Members and staff participated by video conference. The City Clerk conducted roll call noting all Council Members in attendance. To ensure public access and transparency the meeting is being livestreamed, video recorded and posted to the City's website after the meeting has concluded. 1.1 Land Acknowledgement Councillor Ogden recited the Land Acknowledgement and called for a moment of reflection. The City of Saint John/Menaquesk is situated is the traditional territory of the Wolastogiyik/Maliseet.The Wolastogiyik/Maliseet along with their indigenous nelghbours, the Mi'Kmaq/Mi'kmaw and Passamaquoddy/Peskotomuhkati signed Peace and Friendship Treaties with the British Crown in the 1700s that protected their rights to lands and resources. 2. Approval of Minutes 2.1 Minutes of September 7th, 2021 Moved by Councillor Radwan, seconded by Councillor Hickey: RESOLVED that the minutes of September 7th, 2021, be approved. MOTION CARRIED. 3. Approval of Agenda Moved by Councillor Radwan, seconded by Councillor Hickey: RESOLVED that the agenda for October 41h, 2021, be adopted with the removal of item 5.7 from consent agenda and forwarded for discussion as item 14.1. MOTION CARRIED. 4. Disclosures of Conflict of Interest Councillor Hickey declared a Conflict of Interest with item 9.3._Proposed Municipal Plan Amendment and Zoning Bylaw Amendment — 15 Broadway Avenue (1St and 2nd Reading). 2 WA COMMON COUNCIL / CONSEIL COMMUNAL October 4th, 2021 / le 4 octobre 2021 5. Consent Agenda 5.1 That as recommended by the Planning Advisory Committee in the submitted report: Subdivision Application 1300 King William Road PID 00413189, Common Council accept a money in -lieu of Land for Public purposes dedication for the proposed Saint John Energy Subdivision at 1300 King William Road. 5.2 That as recommended by the Planning Advisory Committee in the submitted report: Subdivision Application 196 Clark Road East (PID # 00311043), Common Council accept a money in -lieu of Land for Public Purposes dedication for the proposed Brown Subdivision at 196 Clark Road East. 5.3 That as recommended by the City Manager in the submitted report M&C 2021-270: Easement for Electronic Vehicle Charging Stations at TD Station, Common Council adopt the following: 1. That the City grant an easement to The Power Commission of the City of Saint John generally in the form as attached to M&C 2021-270 for the placement and operation of two Electric Vehicle Charging Stations over PID No. 40048 (the "Premises"), such easement to be approximately 30.0 square metres (324 square feet), as generally shown on the sketch titled "Proposed Dual EV Charging Station —TD Station Parking Lot". 2. That the Power Commission of the City of Saint John, at its own cost, prepare any plan of survey required to depict the easement area and effect the conveyance and pay any and all costs associated with the granting and registering of the easement. 3. That the Mayor and City Clerk be authorized to execute the documents necessary to effect the granting of the easement. 5.4 That as recommend by the City Manager in the submitted report M&C2021- 132: Proposed Public Hearing Date - 54 Broad Street and 573 Woodward Avenue, Common Council schedule the public hearings for the Zoning By-law rezoning application submitted by Matthew Carr for a property located at 54 Broad Street (PIDs 00000372; 00000232 and 55086151); and the rezoning application submitted by NJP Dev. Inc. for 573 Woodward Ave (portion of PID 55220701) for Monday, November 1, 2021 at 6:30 p.m. at the Council Chamber, City Hall 211 floor, 15 Market Square, Saint John, NB. 5.5 That as recommended by the City Manager in the submitted report M&C 3 W COMMON COUNCIL / CONSEIL COMMUNAL October 4th, 2021 / le 4 octobre 2021 2021- 274: Fleet Replacement Procurement -October 2021, Common Council award the purchase of one (1) Rubber Tire Excavator at a total cost of $270,363 plus HST to Paul Equipment & Son (2008). 5.6 That as recommended by the City Manager in the submitted report M&C 2021-266: Bilateral Funding Agreement - Various Municipal Buildings, the City enter into an Agreement with the Regional Development Corporation for funding under the Canada — New Brunswick Integrated Bilateral Agreement for Investing in Canada Infrastructure Program for the following projects: 1) "Municipal Operations Complex - HVAC Replacement"; 2) " St. Patrick Street Pedway"; 3)"City Market Pedway", in the forms as presented to Council at its October 4, 2021 meeting; and that the Mayor and Common Clerk be authorized to execute the said Agreements. 5.7 Refer to Item 14.1 5.8 That as recommended by the City Manager in the submitted report M&C 2021-268: Public Transit and Fleet Green Strategy — Consulting Service Award, the proposal submitted by Wood Environment & Infrastructure Solutions for the City of Saint John Public Transit and Fleet Low Carbon Migration Strategy (also known as the Fleet Green Strategy), in the amount of $83,800 plus HST be accepted. Moved by Deputy Mayor MacKenzie, seconded by Councillor Stewart: RESOLVED that the recommendation set out in each consent agenda item respectively, with the exception of item 5.7 Parks Events and Green Machine Booking Software forwarded for discussion as item 14.1, be adopted. MOTION CARRIED UNANIMOUSLY. 6. Members Comments The Council Members commented on various community events. 7. Proclamation 7.1 Fire Prevention Week — October 3 to October 9. 2021 Mayor Noade Reardon proclaimed October 3rd to 91h, 2021 Fire Prevention Week in the City of Saint John. 8. Delegations/Presentations Envision SJ CEO Paulette Hicks joined the meeting remotely. 4 ME COMMON COUNCIL / CONSEIL COMMUNAL October 4th, 2021 / le 4 octobre 2021 8.1 Envision Saint John: The Regional Growth Agency Strategic Plan Roll -out (Presentation to Follow) Referring to the submitted report CEO Envision Saint John Paulette Hicks updated Council on the development and roll -out of the Regional Growth Agency Strategic Plan. The Plan has identified three strategic priority platforms that will be the focus of Envision Saint John: GROWTH READINESS: Growth readiness includes future -back strategies to address labour force, housing, strategic real estate development, access to healthcare, schools, and other community amenities. People and investment select places that tick all those boxes. TALENT ACQUISITION & PIPELINE: Envision Saint John will be a catalyst in ensuring we are graduating, upskilling, and attracting the skills and expertise to provide the labour force that the global economy demands. ENTREPRENEURSHIP & BUSINESS GROWTH: Envision Saint John is to engage the ecosystem, listen to the entrepreneurs and leaders doing and facilitating this work, and lead the process. Moved by Councillor Harris, seconded by Councillor Norton: RESOLVED that the submitted report entitled Envision Saint John: The Regional Growth Agency Strategic Plan Roll -out be received for information. MOTION CARRIED. Paulette Hicks withdrew from the meeting. President and CEO SJ Energy R. Robinson and Vice President R. Mitchell joined the meeting remotely. 8.2 Saint John Energy Referring to the submitted report entitled Saint John Energy R. Robinson described how SJE is driving innovation in energy solutions for the city amid broader forces of change in the industry, including climate change, rapidly changing technology, green energy, solar energy, Saint John's smart grid, utility -scale energy storage (Tesla), smart devices for customers (heat pumps, water tanks, thermostats), foundation for a Smart City, LED lighting, traffic smart sensor pilot underway, safeguarding critical assets vulnerable to rising sea levels. Changes to the Local Governance Act will provide agility and enable SJE to modernize and catch up with municipalities across Canada that have corporate structures that fuel considerable growth and share benefits with the owner. R. Robinson and R. Mitchell withdrew from the meeting. 5 OR COMMON COUNCIL / CONSEIL COMMUNAL October 4th, 2021 / le 4 octobre 2021 Moved by Councillor Sullivan, seconded by Councillor Norton: RESOLVED that the meeting recess for five minutes, commencing at 8:37 p.m. IO ED]II10L[4L\ilk] ilk] I: 101 The Mayor reconvened the meeting at 8:42 p.m. 9. Public Hearings - 6:30pm 9.1 Proposed Zoning Bylaw Amendment with PAC report recommending approval and Staff Presentation - 110-128 Waterloo Street (1St and 2nd Reading) Mayor Noade Reardon called the Public Hearing to Order. J. Kirchner presented an overview of the rezoning application to permit a "supported housing facility" for twelve -person occupancy. The recommendations of the PAC and City staff are aligned. The Mayor called for members of the public to speak against the proposed amendment with no one presenting. The Mayor called for members of the public to speak in favour of the proposed amendment with Seth Asimakos General Manager representing the developer the Saint John Community Loan Fund presenting. The developer has partners, the Human Development Council, Saint John Fresh Start Solutions for Women, and the architect Toss Solutions. Mayor Noade Reardon closed the public hearing. Moved by Councillor Killen, seconded by Councillor Harris: RESOLVED that the by-law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John" amending Schedule "A", the Zoning Map of The City of Saint John, by rezoning a parcel of land having an area of approximately 716 square metres, located at 110-128 Waterloo Street, also identified as PID Numbers 00013748, 55039887, 00013714, 00013730, 00013722, and 55039879, from Neighbourhood Community Facility (CFN) to General Commercial (CG), be read a first time. MOTION CARRIED. Read a first time by title, the by-law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John." Moved by Deputy Mayor MacKenzie, seconded by Councillor Radwan: 6 41.1 COMMON COUNCIL / CONSEIL COMMUNAL October 4th, 2021 / le 4 octobre 2021 RESOLVED that the by-law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John" amending Schedule "A", the Zoning Map of The City of Saint John, by rezoning a parcel of land having an area of approximately 716 square metres, located at 110-128 Waterloo Street, also identified as PID Numbers 00013748, 55039887, 00013714, 00013730, 00013722, and 55039879, from Neighbourhood Community Facility (CFN) to General Commercial (CG), be read a second time. MOTION CARRIED. Read a second time by title, the by-law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John." 9.2 Proposed Zoning Bylaw Amendment with PAC report recommending approval and Staff Presentation — 31 Cliff Street (15t and 2nd Reading) Mayor Noade Reardon called the Public Hearing to Order. M. Reade Senior Planner presented an overview of the proposed zoning amendment to permit a 56-unit residential facility with an affordable housing component and day care. The recommendations of the PAC and City staff are aligned. The Mayor called for members of the public to speak against the proposed amendment with no one presenting. The Mayor called for members of the public to speak in favour of the proposed amendment with Rick Turner Hughes Surveys and Consultants for the developer Steepleview Developments Inc. presenting. Mayor Noade Reardon closed the public hearing. Moved by Councillor Lowe, seconded by Councillor Ogden: RESOLVED that the by-law entitled "A Law to Amend the Zoning By -Law of The City of Saint John" amending Schedule "A", the Zoning Map of The City of Saint John, by rezoning a parcel of land having an area of approximately 0.39 hectares, located at 31 Cliff Street, also identified as PID Number 55221071 and a portion of PID 00014621, from Major Community Facility (CFM) to Urban Centre Residential (RC), be read a first time. MOTION CARRIED. Read a first time by title, the by-law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John." Moved by Councillor Hickey, seconded by Councillor Radwan: rA WA COMMON COUNCIL / CONSEIL COMMUNAL October 4th, 2021 / le 4 octobre 2021 RESOLVED that the by-law entitled "A Law to Amend the Zoning By -Law of The City of Saint John" amending Schedule "A", the Zoning Map of The City of Saint John, by rezoning a parcel of land having an area of approximately 0.39 hectares, located at 31 Cliff Street, also identified as PID Number 55221071 and a portion of PID 00014621, from Major Community Facility (CFM) to Urban Centre Residential (RC), be read a second time. MOTION CARRIED. Read a second time by title, the by-law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John." Having declared a conflict of interest with item 9.3 Councillor Hickey withdrew from the meeting. 9.3 Proposed Municipal Plan Amendment and Zoning ByLaw Amendment with PAC report recommending approval and Staff Presentation —15 Broadway Avenue (1st and 216 Reading) Mark O'Hearn presented an overview of the proposed amendment to include the existing subject property into the Rothesay Avenue Commercial Corridor. Mayor Noade Reardon called the Public Hearing to Order. The Mayor called for members of the public to speak against the proposed amendment with no one presenting. The Mayor called for members of the public to speak in favour of the proposed amendment with Dick Hickey the property owner presenting. Mayor Noade Reardon closed the public hearing. Moved by Councillor Radwan, seconded by Councillor Sullivan: RESOLVED that the by-law entitled, "A Law to Amend the Municipal Plan By -Law of The City of Saint John", redesignating on Schedule A of the Municipal Development Plan, land having an approximate area of 0.29 hectares, located at 15 Broadway Avenue, also identified as PID 00299248, PID 00300814, and an undeveloped portion of a Public Street, from Stable Area to Employment Area; and redesignating on Schedule B of the Municipal Development Plan, land having an approximate area of 0.29 hectares, located at 15 Broadway Avenue, also identified as PID 00299248, PID 00300814, and an undeveloped portion of a Public Street, from Stable Residential to Commercial Corridor, be read a first time. MOTION CARRIED. 8 K-11 COMMON COUNCIL / CONSEIL COMMUNAL October 4th, 2021 / le 4 octobre 2021 Read a first time by title, the by-law entitled "A Law to Amend the Municipal Plan By -Law of The City of Saint John". Moved by Councillor Sullivan, seconded by Councillor Radwan: RESOLVED that the by-law entitled, "A Law to Amend the Municipal Plan By -Law of The City of Saint John", redesignating on Schedule A of the Municipal Development Plan, land having an approximate area of 0.29 hectares, located at 15 Broadway Avenue, also identified as PID 00299248, PID 00300814, and an undeveloped portion of a Public Street, from Stable Area to Employment Area; and redesignating on Schedule B of the Municipal Development Plan, land having an approximate area of 0.29 hectares, located at 15 Broadway Avenue, also identified as PID 00299248, PID 00300814, and an undeveloped portion of a Public Street, from Stable Residential to Commercial Corridor, be read a second time. MOTION CARRIED. Read a second time by title, the by-law entitled "A Law to Amend the Municipal Plan By - Law of The City of Saint John". Moved by Councillor Sullivan, seconded by Deputy Mayor MacKenzie: RESOLVED that the by-law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John" amending Schedule "A", the Zoning Map of The City of Saint John, by rezoning a parcel of land having an approximate area of 0.25 hectares, located at 15 Broadway Avenue, also identified as PID 00299248 and PID 00300814, from One -Unit Residential (R1) to Corridor Commercial (CC), be read a first time. MOTION CARRIED. Read a first time by title, the by-law entitled "A Law to Amend the Zoning By -Law of The City of Saint John. Moved by Councillor Sullivan, seconded by Councillor Norton: RESOLVED that the by-law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John" amending Schedule "A", the Zoning Map of The City of Saint John, by rezoning a parcel of land having an approximate area of 0.25 hectares, located at 15 Broadway Avenue, also identified as PID 00299248 and PID 00300814, from One -Unit Residential (R1) to Corridor Commercial (CC), be read a second time. MOTION CARRIED. Read a second time by title, the by-law entitled "A Law to Amend the Zoning By -Law of The City of Saint John. Councillor Hickey reentered the meeting. 9 We%] COMMON COUNCIL / CONSEIL COMMUNAL October 4th, 2021 / le 4 octobre 2021 10. Consideration of By-laws 10.1 Zoning By -Law Amendment and Section 59 Conditions — 7 Sherwood Drive (3rd Readingi Commissioner Hamilton advised the compliance issues relating to the building permit adhering to the requirements under the National Building Code have been met, the s.59 conditions have been satisfied, and the application can now proceed to Third Reading. Moved by Councillor Harris, seconded by Councillor Hickey: RESOLVED that the by-law entitled, "By -Law Number C.P. 111-115 A Law to Amend the Zoning By -Law of The City of Saint John", rezoning a parcel of land having an area of approximately 1,218 square metres, located at 7 Sherwood Drive and 131 Champlain Drive, also identified as PID No. 00324012, from Local Commercial (CL) to Mid -Rise Residential (RM), be read. MOTION CARRIED. The by-law entitled, "By -Law Number C.P. 111-115 A Law to Amend the Zoning By -Law of The City of Saint John" was read in its entirety. Moved by Deputy Mayor MacKenzie, seconded by Councillor Sullivan: RESOLVED that the by-law entitled, "By -Law Number C.P. 111-115 A Law to Amend the Zoning By -Law of The City of Saint John", rezoning a parcel of land having an area of approximately 1,218 square metres, located at 7 Sherwood Drive and 131 Champlain Drive, also identified as PID No. 00324012, from Local Commercial (CL) to Mid -Rise Residential (RM), be read a third time, enacted, and the Corporate Common Seal be affixed thereto. MOTION CARRIED. Read a third time by title, the by-law entitled, "By -Law Number C.P. 111-115 A Law to Amend the Zoning By -Law of The City of Saint John." Moved by Councillor Sullivan, seconded by Deputy Mayor MacKenzie: RESOLVED that Common Council, pursuant to the provisions of Section 59 of the Community Planning Act (SNB 2017, c.19), hereby discharges the resolution adopted on December 23, 2013, imposed on the rezoning of a parcel of land located at 7 Sherwood Drive also identified as being PID Number 00324012 and which was made pursuant to the provisions of Section 39 of the Community Planning Act in effect at that time (RSNB 1973 as amended). IL [all IIf] ► Kalil ilk] ilk] I:10a 10 KZ9] COMMON COUNCIL / CONSEIL COMMUNAL October 4th, 2021 / le 4 octobre 2021 Moved by Councillor Sullivan, seconded by Deputy Mayor MacKenzie: RESOLVED that Common Council, pursuant to the provisions of Section 59 of the Community Planning Act (SNB 2017, c.19), impose the following conditions on the parcel of land having an area of approximately 1,218 square metres, located at 7 Sherwood Drive and 131 Champlain Drive, also identified as PID Number 00324012: (a) The property is to be limited to a maximum of seven (7) residential dwelling units; (b) The development and use of the parcel of land be in accordance with detailed site plan and floor plans, prepared by the proponent and subject to the approval of the Development Officer, illustrating the location of garbage enclosures, driveway accesses, vehicle parking, landscaping, amenity spaces, and other such site features; (c) The above site plan is to be attached to the permit application for the development of the parcel of Land. MOTION CARRIED. 10.2 Procedural Bylaw Amendment — Internal Audit Charter (15t and 2nd Reading) Moved by Councillor Sullivan, seconded by Councillor Stewart: RESOLVED that the by-law entitled, "By -Law Number L.G.-15 A By -Law respecting the Procedures of Common Council of The City of Saint John", adding "10) Internal Audit Charter" to Schedule "C" — Financial Policies, immediately after "9) FAS-021 Budget Monitoring Policy", be read a first time. IO 19111[07►[4L\ilk] ilk] I:401w Read a first time by title, the by-law entitled, "By -Law Number L.G.-15 A By -Law respecting the Procedures of Common Council of The City of Saint John." Moved by Councillor Hickey, seconded by Councillor Radwan: RESOLVED that the by-law entitled, "By -Law Number L.G.-15 A By -Law respecting the Procedures of Common Council of The City of Saint John", adding "10) Internal Audit Charter" to Schedule "C" — Financial Policies, immediately after "9) FAS-021 Budget Monitoring Policy", be read a second time. MOTION CARRIED. Read a second time by title, the by-law entitled, "By -Law Number L.G.-15 A By -Law respecting the Procedures of Common Council of The City of Saint John." 11. Submissions by Council Members 11 31 COMMON COUNCIL / CONSEIL COMMUNAL October 4th, 2021 / le 4 octobre 2021 12. Business Matters -Municipal Officers 13. Committee Reports 13.1 Finance Committee: Endorsement of the Strategic Real Estate Capital Reserve Fund Policy Chair of the Finance Committee, Councillor Sullivan, introduced the Finance Committee's endorsement of the Strategic Real Estate Capital Reserve Fund Policy. As part of consolidation of the City's economic development agencies into Envision Saint John, the assets of Develop Saint John were returned to the City as part of the wind down. Chair of the Growth Committee, Commissioner J. Killen advised the policy guides the use for this fund. Moved by Deputy Mayor MacKenzie, seconded by Councillor Ogden: RESOLVED that as recommended by the Growth Committee and as endorsed by the Finance Committee, Common Council approve the submitted Strategic Real Estate Reserve Fund Policy to regulate the Strategic Real Estate Capital Reserve Fund created by Common Council on May 171h, 2021. MOTION CARRIED. 14. Consideration of Issues Separate from Consent Agenda 14.1 Parks Events and Green Machine Booking Software (Recommendation in Report) Moved by Councillor Ogden, seconded by Councillor Stewart: RESOLVED that as recommended by the City Manager in the submitted report M&C 2021-269: Parks, Events and Green Machine Booking Software, the City enter into a new schedule to the Agreement with Active Network, LLC for ACTIVENet Site Configuration & Training in the form attached to M&C 2021-269; and that the Mayor and City Clerk be authorized to execute the necessary contract documents. IO WII101►Kalil ilk] ilk] I:40a 15. General Correspondence 15.1 Request for Operational Review of SJ SPCA Animal Rescue (Recommendation: Receive for Information) The City Manager advised the municipal government has no jurisdiction over the SPCA. The SPCA only has a service agreement with the City. 12 10YA COMMON COUNCIL / CONSEIL COMMUNAL October 4th, 2021 / le 4 octobre 2021 Moved by Councillor Radwan, seconded by Councillor Sullivan: RESOLVED that Request for Operational Review of SJ SPCA Animal Rescue be received for information. MOTION CARRIED. 15.1.1 Rose Hogenbirk Request to Present (Recommendation: Deny request to present. Letter is self-explanatory) Move by Councillor Sullivan, seconded by Councillor Radwan: RESOLVED that Rose Hogenbirk-s Request to Present be denied. MOTION CARRIED. 16. Supplemental Agenda 17. Committee of the Whole 18. Adjournment Moved by Councillor Sullivan, seconded by Councillor Hickey: RESOLVED that the meeting of Common Council held on October 4th, 2021, be adjourned. MOTION CARRIED. The Mayor declared the meeting adjourned at 9:01 p.m. 13 10191 COMMON COUNCIL REPORT M&C No. 2021-278 Report Date October 13, 2021 Meeting Date October 18, 2021 Service Area Legislative Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT: Proposed 2022 Common Council Meeting Schedule AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Jonathan Taylor Melanie Tompkins I John Collin RECOMMENDATION That the attached 2022 Common Council meeting schedule be approved. REPORT The draft 2022 Council meeting schedule has been submitted for Council's review and approval. Pursuant to Council's Procedural bylaw, regular meetings of Council are scheduled bi-weekly on Monday evenings beginning at 6:00 p.m. and are immediately preceded by a Committee of the Whole meeting. Additional meetings of Council and/or Committee of the Whole may also be scheduled on the alternate Monday evening, when necessary, at the direction of the City Manager. In addition, Council is permitted to schedule a special or emergency meeting on any date to deal with urgent matters. As in previous years, the reduction of 1 Council meeting in the month of August is proposed to facilitate vacation time for Council members and senior staff. PREVIOUS RESOLUTION n/a STRATEGIC ALIGNMENT n/a INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Staff from Growth and Community Services were consulted to co-ordinate public hearing dates. ATTACHMENTS -2- Proposed 2022 Common Council Meeting Schedule W PROPOSED 2022 COMMON COUNCIL MEETING SCHEDULE Regular Council meetings commence at 6:00 pm in the Council Chamber, 2nd Floor, City Hall. Committee of the Whole commence at 4:30 pm in the 2nd Floor Boardroom of City Hall and precede the regular Council meetings. January 4, 2022 (Tuesday) No meeting January 10, 2022 REGULAR MEETING with PUBLIC HEARING January 17, 2022 No meeting scheduled - only if required January 24, 2022 REGULAR MEETING January 31, 2022 No meeting scheduled - only if required February 7, 2022 REGULAR MEETING with PUBLIC HEARING February 14, 2022 No meeting scheduled - only if required February 22, 2022 (Tuesday) REGULAR MEETING February 28, 2022 No meeting scheduled - only if required March 7, 2022 REGULAR MEETING with PUBLIC HEARING March 14, 2022 No meeting scheduled - only if required March 21, 2022 REGULAR MEETING March 28, 2022 No meeting scheduled - only if required April 4, 2022 REGULAR MEETING with PUBLIC HEARING April 11, 2022 No meeting scheduled -only if required April 19, 2022 (Tuesday) REGULAR MEETING April 25, 2022 No meeting scheduled - only if required May 2, 2022 REGULAR MEETING with PUBLIC HEARING May 9, 2022 No meeting scheduled - only if required May 16, 2022 REGULAR MEETING May 24, 2022 (Tuesday) No meeting scheduled - only if required May 30, 2022 REGULAR MEETING June 6, 2022 No meeting scheduled - only if required June 13, 2022 REGULAR MEETING with PUBLIC HEARING June 20, 2022 No meeting scheduled - only if required June 27, 2022 REGULAR MEETING July 4, 2022 No meeting scheduled - only if required July 11, 2022 REGULAR MEETING with PUBLIC HEARING July 18, 2022 No meeting scheduled - only if required July 25, 2022 REGULAR MEETING August 2, 2022 (Tuesday) No meeting scheduled - only if required August 8, 2022 No meeting scheduled - only if required August 15, 2022 No meeting scheduled - only if required August 22, 2022 REGULAR MEETING with PUBLIC HEARING August 29, 2022 No meeting scheduled - only if required September 6, 2022 (Tuesday) REGULAR MEETING with PUBLIC HEARING September 12, 2022 No meeting scheduled - only if required September 19, 2022 REGULAR MEETING September 26, 2022 No meeting scheduled - only if required October 3, 2022 REGULAR MEETING with PUBLIC HEARING October 11, 2022 (Tuesday) No meeting scheduled - only if required October 17, 2022 REGULAR MEETING October 24, 2022 No meeting scheduled - only if required October 31, 2022 REGULAR MEETING November 7, 2022 No meeting scheduled - only if required November 14, 2022 REGULAR MEETING with PUBLIC HEARING November 21, 2022 No meeting scheduled - only if required November 28, 2022 REGULAR MEETING December 5, 2022 No meeting scheduled - only if required December 12, 2022 REGULAR MEETING with PUBLIC HEARING December 19, 2022 No meeting scheduled - only if required December 28, 2022 (Wednesday) No meeting " Council's Procedure By-law allows for the scheduling of a Council and/or Committee of the Whole meeting, as required, on the alternative Monday of the regularly scheduled Council meeting. 36 COMMON COUNCIL REPORT M&C No. 2021-276 Report Date October 13, 2021 Meeting Date October 18, 2021 Service Area General Counsel Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT: License for Remembrance Day Minute Gun Salute - Fort Howe AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Curtis Langille Melanie Tompkins John Collin RECOMMENDATION That The City of Saint John enter into a License Agreement with Her Majesty The Queen In Right Of Canada, as represented by the Minister of National Defence, in the form as attached to M & C #2021-276, for the purpose of firing an Artillery Minute Gun Salute for the Remembrance Day Ceremony on a portion of PID No. 414276, known as Fort Howe, situated adjacent to Magazine Street, and further that the Mayor and City Clerk be authorized to execute the said License Agreement. EXECUTIVE SUMMARY As part of this year's Remembrance Day celebrations, Her Majesty The Queen In Right Of Canada, as represented by the Minister of National Defence, is planning to have a ceremony honoring Remembrance Day by firing of an artillery gun salute. The proponent has provided the attached license agreement for consideration by The City of Saint John (the "City'), in order to seek the approval that will allow for this event to proceed. City staff are supportive of this agreement. PREVIOUS RESOLUTION N/A REPORT The proposed License Agreement will enable Her Majesty The Queen In Right Of Canada, as represented by the Minister of National Defence, to provide for a Remembrance Day ceremony in Saint John to honour Canada's veterans. The planned event will include the firing of artillery from Fort Howe. This event has occurred at Fort Howe in the past. If Council agrees, the attached License Agreement will permit this event to proceed. The General Counsel Office and Risk Management have reviewed the attached License Agreement and are supportive of the Terms and Conditions detailed therein. Kul -2- STRATEGIC ALIGNMENT This aligns with Council's priority for a vibrant City that invests in arts, culture and recreation experiences that create a sense of community pride. SERVICE AND FINANCIAL OUTCOMES There is no material financial consideration for this license, because the license is intended to be granted to honour the service of Canada's veterans on Remembrance Day. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS GCO and Risk Management have reviewed the attached License Agreement and are satisfied that the Terms and Conditions will protect the City's interests in this matter. ATTACHMENTS 1. Location Map; and 2. License Agreement M-11 LICENSE AGREEMENT BETWEEN: City of Saint John (the "LICENSOR") Corporate Office Address: 15 Market Square Saint John, New Brunswick E21- I E8 AND HER MAJESTY THE QUEEN IN RIGHT OF CANADA, as represented by the Minister of National Defence (the "LICENSEE") WHEREAS the LICENSOR is the owner of a property located at FORT HOWE, SAINT JOHN in the Province of New Brunswick (the "Premises"); AND WHEREAS the LICENSEE has requested permission from the LICENSOR to use the Premises for the purpose of Remembrance Day Minute Gun Salute; THIS AGREEMENT WITNESSES that in consideration of, and subject to, the terms and conditions set out herein, the LICENSOR hereby grants permission to the LICENSEE to use the Premises for the purpose stated herein, and for no other purpose, under the following terms and conditions: 1. DESCRIPTION OF PROPERTY The LICENSOR agrees that the LICENSEE may enter and use Fort Howe; Saint Johp., NB the Premises for the purpose of the firing of an Artillery Minute Gun Salute as part of the Province of New Brunswick and City of Saint John Remembrance Dav Ceremony. 2. TERM The term of this agreement shall be from 11 0600 November 2021 until 11 2359 November 2021. 3. LICENSE FEE Total consideration for the use of the Premises is $ _1.00 , and the LICENSOR hereby acknowledges the receipt and sufficiency of this consideration. 4. INSURANCE The LICENSOR acknowledges that the LICENSEE is self -insured. 5. INDEMNIFICATION Subject to the Crown Liabiliry and Proceedings Act, the LICENSEE indemnifies and saves harmless the LICENSOR, its servants, agents, and employees and their heirs, executors, administrators, successors and assigns, from and against all injury, damage, actions, causes of actions, suits, claims and demands of whatsoever nature which may result or may be brought or made by reason of any act or default of the LICENSEE, her servants, agents, or employees, or on account of any damage to the property of the LICENSOR or in connection with any loss, damage or injury in any manner based upon, arising out of or incidental to the exercise or purported exercise by the LICENSEE of the license granted herein. 112 40 6. LICENSOR'S PROPERTY The LICENSEE agrees to assume full responsibility for the care of the Premises during her occupation, and to assume all risk of loss, damage, or injury to herself, her servants, agents, employees or licensees. 7. DAMAGES The LICENSEE shall not be responsible for any damage or loss to the Premises arising from circumstances, acts or conditions beyond her control, or due to "force majeure", which is defined as an act of God, war, invasion, revolution, insurrection or other act of a similar nature. 8. ENVIRONMENTAL DAMAGE The LICENSEE is liable for any environmental damage to the Premises caused during her occupation, except for: a) any environmental damage to the Premises caused by the previous occupation of the premises by other persons, organizations, or the LICENSOR; b) any environmental damage to the Premises arising during the period covered by this agreement, where such environmental damage is a consequence of pre-existing environmental damage from previous occupation, or was caused by the activities of the Licensor during the period of this agreement; and c) any environmental damage to the Premises caused by any other persons, organizations, or by the LICENSOR. 9, GOVERNING LAW This agreement shall be construed in accordance with, and governed by, the laws in effect in the Province of New Brunswick, including the laws of Canada. IN WITNESS WHEREOF this agreement has been executed by The City of Saint John, represented by Donna Reardon, Mayor of Saint John, and Her Majesty the Queen in Right of Canada, as represented by the Minister of National Defence, this _ day of 2021. SIGNED, SEALED AND DELIVERED in the presence of Witness SIGNED, SEALED AND DELIVERED in the presence of Witness 2.:2 HER MAJESTY THE QUEEN IN RIGHT OF CANADA, AS REPRESENTED BY THE MINISTER OF NATIONAL DEFENCE r Per: — -_ — — --- Name: I.Col R.M. Saunders Title: CO 3' Field Regiment Per: Name: Donna Reardon Title: Mayor of Saint John !II COMMON COUNCIL REPORT M&C No. 2021-275 Report Date October 11, 2021 Meeting Date October 18, 2021 Service Area Utilities and Infrastructure Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT. Bilateral Funding Agreements - Various Municipal Buildings & Related Amendments AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Michael Baker J. Brent McGovern I John Collin RECOMMENDATION It is recommended that the City enter into Agreements with the Regional Development Corporation for funding under the Canada — New Brunswick Integrated Bilateral Agreement for the Investing in Canada Infrastructure Program for the following projects: 1) "Waste water Treatment Facilities — Roof Upgrades"; 2) "Municipal Operations Complex"; 3)"Fire Station Upgrades", in the forms as presented to Council at its October 18t", 2021 meeting; and that the Mayor and Common Clerk be authorized to execute the said Agreements. EXECUTIVE SUMMARY The purpose of this report is to seek Common Council's approval to enter into Agreements with the Regional Development Corporation for funding under the Canada — New Brunswick Integrated Bilateral Agreement for the Investing in Canada Infrastructure Program for the following projects: 1) "Waste water Treatment Facilities — Roof Upgrades"; 2) "Municipal Operations Complex"; 3) "Fire Station Upgrades". PREVIOUS RESOLUTIONS July 26, 2021: M&C 2021-221— Utility and General Fund — 2021 Capital Program, Revision III, approved. October 4, 2021: M&C 2021-266 - Bilateral Funding Agreements - Various Municipal Buildings & Related Amendments, approved. :1 PA, -2- REPORT In 2017, the Government of Canada announced a $33 billion, ten-year funding agreement with the provinces / territories under four different funding streams (public transit, green infrastructure, community cultural and recreation infrastructure as well as 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. In March 2021, City staff submitted funding applications to the Regional Development Corporation (RDC) for the following projects: • Waste water Treatment Facilities — Roof Upgrades • Municipal Operations Complex • Fire Station Upgrades On May 315t, 2021, the City received notifications from the Regional Development Corporation that the three applications were successful, and the City of Saint John has been approved for funding in the amount of up to $1,141,534 or 80% of the eligible cost toward the three projects. The funding breakdown for the three projects is as follow: • Waste water Treatment Facilities — Roof Upgrades $522,934 • Municipal Operations Complex $418,600 • Fire Station Upgrades $200,000 The funding will be used toward the design and upgrade of the following projects: • Roof replacements at several Saint John Water (SJW) facilities including the Spruce Lake Pump Station, Millidgeville Wastewater Treatment Facility, Lancaster Wastewater Treatment Facility and Eastern Wastewater Treatment Facility. • Replacement of the existing roofs at fire stations #5 & #7. • Replacement of the existing metal siding that is in poor condition at the Municipal Operations Complex located at 175 Rothesay Avenue. Work will also include the replacement of the windows on the 211 floor of the building as they are at the end of their asset life. The Regional Development Corporation has recently signed an amendment to the Integrated Bilateral Agreement that impacts all City projects funded under the COVID-19 Resilient Infrastructure Stream. An overview of the changes include: !i93 -3- • Deadline to start construction is now September 30, 2023. • Deadline for substantial project completion is now December 31, 2023. • Standard reporting frequency is now semi-annually. A letter detailing all the changes and affected City projects is noted in an Appendix to this report. STRATEGIC ALIGNMENT The report aligns with being fiscally responsible and providing valued service delivery by identifying within the asset management plan municipal infrastructure requirements that are at the end of their asset life and where we can leverage funding available to minimize costs to taxpayers and ratepayers. SERVICEAND FINANCIAL OUTCOMES The City of Saint John will receive a total funding amount up to $1,141,534 or 80% of the eligible costs toward the three projects. The total cost for the three projects is approximately $1,426,917. City contribution is approximately $285,383. Required City funding is approved for the Municipal Operations Complex project and Fire Station Upgrades project under the 2021 General Fund Capital Budget. Required Utility funding for the Waste water Treatment Facilities— Roof Upgrades project is included in the Draft 2022 Utility Fund Capital Budget. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS n/a ATTACHMENTS Agreements with the Regional Development Corporation for funding under the Canada — New Brunswick Integrated Bilateral Agreement for the Investing in Canada Infrastructure Program for the following projects: Waste water Treatment Facilities — Roof Upgrades, Municipal Operations Complex and Fire Station Upgrades. Integrated Bilateral Agreement (IBA) Amendment Letter — City of Saint John Brunswick C A N A D A May 31, 2021 Her Worship Donna E. Reardon Mayor of Saint John P.O. Box 1971 15 Market Square Saint John, NB E2L 41-1 SUBJECT: Project No.: 14170 Project Name: Municipal Operations Complex Dear Ms. Mayor: am pleased to inform you that under the Canada — New Brunswick Integrated Bilateral Agreement for the Investing in Canada Infrastructure Program, your project entitled "Municipal Operations Complex" has been approved. Funds allocated to the project are from Infrastructure Canada (INFC) and the Regional Development Corporation (RDC). You will receive a financial contribution of 80% ($418,600) of the eligible expenditures for this project, 80% ($418,600) INFC and 0% ($0) RDC. The maximum eligible expenditure, including your 20% ($104,650) portion, is $523,250. The funds allocated to your project are subject to terms and conditions outlined in the agreement and schedules of the enclosed Integrated Bilateral Agreement Contribution Agreement. Any claim for reimbursement of the contribution must be supported by copies of invoices and proof of payment of those invoices. All payments will be done by electronic funds transfer. Please complete the attached direct deposit service form. Please be advised that as per the agreement, all communication activities related to the aforementioned project are to be undertaken jointly with the Federal and Provincial Governments. I would appreciate if you could confirm your acceptance of the conditions by signing the enclosed agreement and returning it and the direct deposit service form to RDC at IBA-EBIL anb.ca. Please feel free to contact Sarah Robichaud, Project Executive, at 506-453-5644 or sarah.robichaud nq b.ca if you have any questions or concerns. I look forward to the successful completion of this project. Sincerely, Cade Libby President Enclosure: Integrated Bilateral Agreement Contribution Agreement Direct Deposit Service Form Cc: Han. Arlene Dunn, Minister of Economic Development and Small Business, Opportunities New Brunswick, Immigration, and Aboriginal Affairs Jennifer Brennan, Regional Development Corporation Regional Development Corporation/Socl&6 de d6veloppement r6gional P 0 BoxlC P 6000 Fredericton New Brunswick/Nouveau-Brunswick E3B 5111 Canada www.gnb.ca Canada BNew Nouveau runswick INTEGRATED BILATERAL AGREEMENT CONTRIBUTION AGREEMENT This Agreement is made as of the date of last signature. BETWEEN: HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF NEW BRUNSWICK, as represented by the Minister of Regional Development Corporation ("New Brunswick") AND: CITY OF SAINT JOHN in the Province of New BRUNSWICK ("Recipient") Individually referred to as a "Party" and collectively referred to as the "Parties". WHEREAS CANADA AND NEW BRUNSWICK entered into a funding agreement, the Canada — New Brunswick Integrated Bilateral Agreement for the Investing in Canada Infrastructure Program, effective March 18, 2018, to establish the terms and conditions whereby Canada will provide funding to New Brunswick for Projects; AND WHEREAS Canada agrees to deliver up to a maximum of $673,217,568 to New Brunswick in four key areas: public transit; green infrastructure; community, culture and recreation infrastructure; and rural and northern communities infrastructure; AND WHEREAS New Brunswick agrees to enter into Agreements with Recipients forfunding, namely the present Integrated Bilateral Agreement Contribution Agreement (Agreement); AND WHEREAS this Agreement is made pursuant to the Canada - New Brunswick Integrated Bilateral Agreement for the Investing in Canada infrastructure Program and therefore all relevant provisions of that Funding Agreement shall apply; NOW THEREFORE, in accordance with the mutual covenants and agreements herein, the Parties agree as follows: 1. PURPOSE The purpose of this Agreement is to establish the terms and conditions whereby New Brunswick will provide funding to the Recipient for the Project described in Schedule A. Page 1 of 28 2. ANNEXES AND SCHEDULES The following schedules are attached to, and form part of this Agreement: Schedule A —Project Description Schedule B — Eligible and Ineligible Expenditures Schedule C — Communications Protocol Schedule D — Detailed Claim Form Schedule E — Progress Report Form (Document to follow) Schedule F —Completion Documents (Documents to follow) F.1 Declaration of Substantial Completion - F.2 Project Completion Form 3. INTERPRETATION 3.1 DEFINITIONS In addition to the terms and conditions defined in the recitals and elsewhere in this Agreement, a capitalized term has the meaning given to it in this section. "Agreement" means this Integrated Bilateral Agreement Contribution Agreement and all schedules, as may be amended from time to time. "Agreement End Date" means the date at which the final payment is made to the Recipient which will, in any case, be no later than March 31". 2024. "Asset" means any real or personal property or immovable or movable asset, acquired, purchased, constructed, rehabilitated or improved, in whole or in part, with contribution funding provided by New Brunswick under the terms and conditions of this Agreement. "Asset Disposal Period" means the period ending five (S) years after a Project is Substantially Completed. "Canada" means the Government of Canada, as represented by the President of the Queen's Privy Council for Canada, Minister of Infrastructure, Communities and Intergovernmental Affairs. "Communications Activity" or "Communications Activities" means, but is not limited to, public or media events or ceremonies including key milestone events, news releases, reports, web and social media products or postings, blogs, news conferences. Public notices, physical and digital signs, publications, success stories and vignettes, photos, videos, multi -media content, advertising campaigns, awareness campaigns, editorials, multi -media products and all related communication materials under this Agreement. "Contract" means an agreement between the Recipient and a Third Party whereby the latter agrees to supply a product or service to a Project in return for financial consideration. Page 2 of 28 "Effective Date" means the date of last signature of this Agreement. "Eligible Expenditures" means those costs incurred and paid that are eligible for reimbursement by New Brunswick, with funds from New Brunswick and Canada, as set out in Schedule B that have been approved as part of a Project approval. "Fiscal Year" means the period beginning April V of a calendar year and ending on March 31s' of the following calendar year. "IBA Funding Agreement" means the Integrated Bilateral Agreement for the Investing in Canada Infrastructure Program, which sets out the roles and responsibilities of Canada and New Brunswick for the delivery of the program, including attached Schedules. "Incurred" means an event or transaction has taken place for which an obligation to pay exists, even if an invoice has not been received, such that the underlying evidence indicates there is little or no discretion to avoid the obligation. The value of the obligation is to be calculated in accordance with recognized Canadian accounting standards. "Joint Communications" means events, news releases, and signage that relate to this Agreement and are collaboratively developed and approved by Canada, New Brunswick and, where applicable, the Ultimate Recipient, and are not operational in nature. "Oversight Committee" means the committee established under the IBA Funding Agreement consisting of representatives from Canada and New Brunswick. "Person" means, without limitation, a person, New Brunswick, an Ultimate Recipient, a Third Party, a corporation, or any other legal entity, and their officers, servants, employees or agents. "Project" or "Projects" means the project approved by New Brunswick and Canada under the IBA Funding Agreement as described in Schedule A. "Substantial Completion" or "Substantially Completed" means, when referring to a Project, that the Project can be used for the purpose for which it was intended. 3.2 ENTIRE AGREEMENT This Agreement comprises the entire agreement between the Parties. No prior document, negotiation, provision, undertaking or agreement in relation to the subject of the Agreement has legal effect, unless incorporated by reference into this Agreement. No representation or warranty express, implied or otherwise, is made by New Brunswick to the Recipient except as expressly set out in this Agreement. 3.3 DURATION OF AGREEMENT This Agreement will be effective as of the Effective Date and will terminate on the Agreement End Date. Page 3 of 28 48 4. OBLIGATIONS OF THE PARTIES 4.1 COMMITMENTS BY NEW BRUNSWICK a) New Brunswick agrees to provide funding from Canada and New Brunswick to the Recipient in accordance with Schedule A. b) Subject to paragraph 4.2 c) the Parties agree that New Brunswick's role is limited to providing funding to Projects and that New Brunswick and Canada will have no involvement in the implementation of any Project or its operation. New Brunswick and Canada are neither a decision -maker nor an administrator of the Project. 4.2 COMMITMENTS BY THE RECIPIENT a) The Recipient agrees to complete the Project, claim only for Eligible Expenditures in a diligent and timely manner, and is responsible for any unapproved expenditures and cost overruns. b) The Recipient will be responsible for the costs of producing and installing federal and provincial program signs. Signage costs are an Eligible Expenditure. c) If the Project is not completed or is cancelled, the Recipient agrees to return any previous payments to New Brunswick within thirty (30) days of written notification to that effect. d) The Recipient shall allow any authorized representative of New Brunswick or Canada reasonable access to the project site to assess the Project's progress, to review all records and accounts maintained and to carry out the evaluation process required for the implementation of the IBA Funding Agreement. The Recipient shall provide all records and accounts as requested by New Brunswick. e) The Recipient agrees to bear all operating expenditures of the Project. f) Construction must begin by September 30h, 2023 g) Project must be substantially completed by December 315t, 2023, or by December 311, 2024 if located in a remote community (Remote community defined as being located 25km outside either Fredericton, Moncton, or Saint John with a population of 5,000 or less) Page 4 of 28 4.3 APPROPRIATIONS Notwithstanding New Brunswick'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 Legislature of New Brunswick or the Parliament of Canada has not passed an appropriation that is sufficient and constitutes lawful authority for making the payment. New Brunswick and Canada may reduce or terminate any payment under this Agreement in response to the reduction of appropriations or departmental funding levels in respect of transfer payments, the program under which this Agreement was made or otherwise, as evidenced by any appropriation act of the provincial or federal Crown's main or supplementary estimates expenditures. New Brunswick and Canada 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 or termination of funding. S. FISCAL YEAR BUDGETING aj The amount of contribution funding payable by New Brunswick and Canada each Fiscal Year is set out in Schedule A. bj If the actual amount payable by New Brunswick and Canada in respect of any Fiscal Year is less than the estimated maximum amounts in Schedule A, the Recipient may request that New Brunswick and Canada re -allocate the difference between the two amounts to a subsequent Fiscal Year. Subject to Section 4 (Appropriations), New Brunswick and Canada agrees to make reasonable efforts to accommodate the Recipient's request. The Recipient acknowledges that requests for re -allocation of New Brunswick and Canada's contribution funding to a Project will require appropriation adjustments or provincial and federal Crown approvals. c) In the event that any requested re -allocation of New Brunswick and Canada's contribution funding to a Project is not approved, the amount of New Brunswick and Canada's contribution payable in accordance with Schedule A may be reduced by the amount of the requested re -allocation. If the contribution payable by New Brunswick and Canada in accordance with Schedule A is so reduced, the Parties agree to review the effects of such reduction on the overall implementation of the Project and to adjust the terms and conditions of this Agreement as appropriate. 6. PROJECT IMPLEMENTATION 6.1 The Recipient shall not change the Project scope, timing or location without the prior written approval of New Brunswick. The Recipient will promptly inform New Brunswick should the project be cancelled. Page 5 of 28 67i] 6.2 Progress reports (as set out in Schedule E) for all approved projects under the Covid-19 Resilient Infrastructure Stream (CVRIS) will need to be submitted to INFC, at a minimum, on a biannual basis (May 15th and November 15th) 6.3 The Recipient will be responsible for arranging the engineering design, calling of public tenders, and awarding of the contract to the successful bidder, and overall management of the contract. The Recipient will award and manage all contracts in accordance with their relevant policies and procedures and, if applicable, in accordance with the Agreement on Internal Trade and applicable international and interprovincial trade agreements, and all other applicable laws, including the Procurement Act, SNB 2012, c.20. If New Brunswick determines that a Contract is awarded in a manner that is not in compliance with the foregoing, upon notification to the Recipient, New Brunswick may consider the expenditures associated with the Contract to be ineligible. 6.4 The Recipient agrees to ensure that the Project work shall be carried out in accordance with all federal, provincial, or municipal (local government) rules, regulations and laws governing such work and in accordance with the best general practices then current at the time of construction of the project. In addition, the Project must also: Meet or exceed any applicable energy efficiency standards for buildings outlined in the Pan -Canadian Framework on Clean Growth and Climate Change. Meet or exceed the requirement of the highest published accessibility standard in a jurisdiction, in addition to applicable provincial building codes and relevant municipal by-laws. 6.5 The Recipient consents to the participation of New Brunswick or its representative at all public tender openings if requested by New Brunswick. 6.6 New Brunswick reserves the right to request additional information for review and approval purposes, including assessment of risks, or to make a determination as per Sections 8 (Environmental Assessment and Licensing) and 9 (Aboriginal Consultation). 6.7 Repair, restoration or replacement of property that was required to be removed, altered, damaged or destroyed in the course of carrying out the Project will be performed to bring the property to its pre-existing condition, meaning the same condition that the property was in at the time of the removal, alteration, damage, or destruction. Except as may be required by law, the work and materials required to bring the property to its pre-existing condition shall not exceed the quality or quantity as originally existed. Eligible Expenditures will not include any expenditures for enhancements or improvements. 7. ASSETS 7.1 DISPOSAL OF ASSETS a) Unless otherwise agreed to by New Brunswick, the Recipient agrees to retain title and Page 6 of 28 51 ownership of an Asset for the Asset Disposal Period. b) If at any time within the Asset Disposal Period, the Recipient sells, leases, or otherwise disposes of, directly or indirectly, any Asset purchased, acquired, constructed, rehabilitated or renovated, in whole or in part, under this Agreement, other than to Canada, New Brunswick, a Local Government, or with New Brunswick's written consent, the Recipient may be required to reimburse New Brunswick any funds received from New Brunswick and Canada for the Project and will notify New Brunswick in writing within ninety (90) business days of the transaction. 7.2 REVENUE FROM ASSETS The Recipient acknowledges that New Brunswick and Canada's contributions to a Project is meant to accrue to the public benefit. The Recipient will notify New Brunswick in writing within ninety (90) business days of the end of a Fiscal Year if any Asset owned by a for -profit Recipient is used in such a way that, in the Fiscal Year, revenues are generated from it that exceed its operating expenses. New Brunswick and Canada may require the Recipient to immediately pay to New Brunswick and Canada a portion of the excess in the same portion as the total cost of the Asset. This obligation will only apply during the Asset Disposal Period. 7.3 REPAYABLE CONTRIBUTIONS Any funding provided to a Recipient that is a private sector body intended to allow the business to generate profits or to increase the value of the business, will be repayable to New Brunswick and Canada. 8. ENVIRONMENTAL ASSESSMENT AND LICENSING 8.1 The Project may be subject to, among others, New Brunswick Regulation 87-83 Environmental Impact Assessment Regulation — Clean Environment Act. That Regulation contains a list of undertakings found in Schedule A of the Regulation, which are required to be registered and screened to determine whether a full Environmental Impact Assessment is warranted. If the project requires registration, a determination on the project must be obtained from the Minister of Environment and Local Government prior to any site work on the Project beginning. 8.2 The Project may also be subject to, among others, Canadian Environmental Assessment Act (2012). This Act contains a list of physical activities found in Regulations Designating Physical Activities of the Act, which are required to be a designated project for an environmental assessment. If the Project is a designated project under the Canadian Environmental Assessment Act (2012), a decision statement must be obtained prior to any site work on the Project beginning. Page 7 of 28 61 8.3 If the Project requires registration under New Brunswick Regulation 87-83 Environmental Impact Assessment Regulation — Clean Environment Act and/or is deemed to be a designated project under the Canadian Environmental Assessment Act (2012), no site preparation, vegetation removal or construction will occur for a Project and no funds will be advanced to a recipient for expenditures related to construction work until New Brunswick and Canada are satisfied that all requirements under this act, other applicable federal environmental assessment legislation that is or may come into force during the term of this Agreement, and other applicable agreements between Canada and Aboriginal groups are met and continue to be met. 8.4 The Recipient will obtain all necessary licenses, permits, and approvals required for the Project by applicable legislation, regulations and by-laws be they Federal, Provincial or Municipal. 9. ABORIGINAL CONSULTATION 9.1 Funding for the Project is conditional upon New Brunswick and Canada being satisfied that obligations with respect to the legal duty to consult, and if applicable, requirement to accommodate Aboriginal groups are met. 9.2 No site preparation, vegetation removal or construction will occur for a Project and New Brunswick and Canada has no obligation to pay any Eligible Expenditures that are capital costs, as determined by New Brunswick and Canada, until New Brunswick and Canada are satisfied that any legal duty to consult, and where appropriate, to accommodate Aboriginal groups or other federal consultation requirement has been met and continues to be met. If required, New Brunswick and Canada must be satisfied that for each Project: a) Aboriginal groups have been notified and, if applicable, consulted; b) If applicable, a summary of consultation or engagement activities has been provided, including a list of Aboriginal groups consulted, concerns raised, and how each of the concerns have been addressed, or if not addressed, an explanation as to why not; c) Accommodation measures, where appropriate, are being carried out by the Recipient and these costs may be considered Eligible Expenditures; and d) Any other information has been provided that New Brunswick and Canada may deem appropriate. 9.3 The Recipient will comply with all obligations (i) under Applicable Law; (ii) as required by regulatory bodies having jurisdiction over the subject matter of the project; and (iii) under common law, to engage in Aboriginal consultation and consider Aboriginal interests. Page 8 of 28 6V 10. CLAIMS AND PAYMENT 10.1 Each claim for reimbursement of Eligible Expenditures shall be submitted on forms herein provided in Schedule D. Claims will include copies of invoices along with all supporting documents, proof of payment of each invoice submitted for reimbursement, and such other documents as may be requested by New Brunswick. 10.2 When any other federal or provincial assistance is given or is to be given in respect of the Project which was not taken into consideration in the original application, the contribution hereunder may be reduced by a corresponding amount. 10.3 New Brunswick reserves the right to withhold any or all reimbursements of Eligible Expenditures until completion documents provided in Schedule F are completed and returned to New Brunswick by the Recipient. 10.4 New Brunswick will not pay interest for failing to make a payment under this Agreement. 10.5 New Brunswick will not pay capital costs for a Project until the requirements under Section 8 (Environmental Assessment and Licensing) and Section 9 (Aboriginal Consultation), if applicable, are, in New Brunswick's opinion, satisfied to the extent possible at the date the claim is submitted to New Brunswick. 10.6 No claim for reimbursement shall be paid by New Brunswick unless it is received on or before January 31s' of the year following the Fiscal Year in which the Eligible Expenditure is incurred and, in all circumstances, no later than March 311, 2024. 11. REPORTING The Recipient will provide to New Brunswick at minimum on a biannual basis a Project progress report in a format acceptable to New Brunswick and in accordance with Schedule E (Progress Report Form); and will submit, in a format acceptable to New Brunswick, a final project report in accordance with Schedule F (Completion Documents). 12. RETENTION OF CONTRIBUTION There will be no retention of contribution for this project. 13. AUDITS The Recipient agrees to allow New Brunswick reasonable and timely access to all its documentation, records and accounts and those of their respective agents or third Parties Page 9 of 28 6'il related to the Project, and all other relevant information and documentation requested by New Brunswick, or their designated representatives, for the purposes of audit, evaluation, and ensuring compliance with this Agreement. 14. RECORD KEEPING The Recipient will keep proper and accurate financial accounts and records, including but not limited to its contracts, invoices, statements, receipts, and vouchers in respect of the Project, for at least seven (7) years after the IBA Funding Agreement End Date and will provide New Brunswick and their designated representatives with reasonable and timely access to documentation for the purposes of audit, evaluation, and ensuring compliance with this Agreement. 15. DISPUTE RESOLUTION a) The Parties will keep each other informed of any issue that could be contentious. b) If a contentious issue arises, the Oversight Committee will examine it and will, in good faith, attempt to resolve the contentious issue as soon as possible, and, in any event, within thirty (30) business days from the receipt of notice of such contentious issue. Where the Oversight Committee cannot agree on a resolution, the matter will be referred to the Parties for resolution. The Parties will provide a decision within ninety (90) business days from the date of referral to the Parties. c) Where the Parties cannot agree on a resolution, the Parties may explore any alternative dispute resolution mechanisms available to them to resolve the contentious issue. d) Any payments related to any contentious issue raised by either Party may be suspended by New Brunswick together with the obligations related to such issue, pending resolution. e) The Parties agree that nothing in this section will affect, alter or modify the rights of New Brunswick to terminate this Agreement. 16. DEFAULT 16.1 EVENTS OF DEFAULT The following event constitutes the "Event of Default" under this Agreement: a) The Recipient has not complied with one ore more of the terms and conditions of this Agreement. Page 10 of 28 6191 16.2 DECLARATION OF DEFAULT New Brunswick may declare default if: a) The Event of Default occurs; b) New Brunswick gives notice to the Recipient of the event, which in New Brunswick's opinion constitutes an Event of Default; and c) The Recipient has failed, within thirty (30) business days of receipt of the notice, either to remedy the Event of Default or to notify and demonstrate to the satisfaction of New Brunswick that it has taken such steps as are necessary to remedy the Event of Default. 16.3 REMEDIES ON DEFAULT In the event that New Brunswick declares default, New Brunswick may exercise one or more of the following remedies, without limiting any remedy available to it by law: a) Suspend or terminate any obligation by New Brunswick to contribute or to continue to contribute funding to the Project, including any obligation to pay an amount owing prior to the date of such suspension or termination; b) Require the Recipient to reimburse New Brunswick all or part of the contribution paid by New Brunswick to the Recipient; or c) Terminate this Agreement. 17. LIMITATION OF LIABILITY In no event will New Brunswick or Canada, its officers, servants, employees or agents be held liable for any damages in contract, tort (including negligence) or otherwise, for: a) any injury to any Person, including, but not limited to, death, economic loss or infringement of rights; b) any damage to or loss or destruction of property of any Person; or c) any obligation of any Person, including, but not limited to, any obligation arising from a loan, capital lease or other long-term obligation in relation to this Agreement or the Project. Page 11 of 28 67� 18. INDEMNIFICATION The Recipient will at all times indemnify and save harmless New Brunswick and Canada, its officers, servants, employees, or agents, from and against all actions, claims, demands, losses, costs, damages, suits or other proceedings, whether in contract, tort (including negligence) or otherwise, by whomsoever brought or prosecuted in any manner based upon or occasioned by: a] any injury to any Person, including, but not limited to, death, economic loss or any infringement of rights; b) any damage to or loss or destruction of property of any Person; or ca any obligation of any Person, including, but not limited to, any obligation arising from a loan, capital lease or other long-term obligation in relation to this Agreement or the Project, except to the extent to which such actions, by claims, demands, losses, costs, damages, suits or other proceedings are caused by the negligence or breach of this Agreement by an officer, servant, employee or agent of New Brunswick or Canada in the performance or his or her duties. 19. COMMUNICATIONS 19.1 No public announcement of an activity related to the Project shall be made by the Recipient without the prior written consent of New Brunswick. 19.2 The Parties shall comply with the communications guideline set out in Schedule C referred to as the Communications Protocol. 20. GENERAL 20.1 SURVIVAL Any provision in this Agreement which imposes an obligation after the termination or expiration of this Agreement, shall survive the termination or expiration of this Agreement. 20.2 NO AGENCY, PARTNERSHIP, JOINT VENTURE, ETC. aj No provision of this Agreement and no action by the Parties will establish or be deemed to establish a partnership, joint venture, principal -agent relationship or employer -employee relationship in any way or for any purpose whatsoever between New Brunswick and the Recipient or between New Brunswick and any third party. Page 12 of 28 61FA b) The Recipient will not represent itself, including in any agreement with a third party, as a partner, employee or agent of New Brunswick. 20.3 ACCOUNTING PRINCIPLES All accounting terms will have the meanings assigned to them, all calculations will be made and all financial data to be submitted will be prepared, in accordance with the public sector accounting standards in effect in Canada. 20.4 COUNTERPART SIGNATURE This Agreement may be signed in counterpart, and the signed copies will, when attached, constitute an original Agreement. 20.5 SEVERABILITY If for any reason a provision of this Agreement that is not a fundamental term of this Agreement between the Parties is found to be or becomes invalid or unenforceable, in whole or in part, and if both Parties agree, it will be deemed to be severable and will be deleted from this Agreement, but all the other terms and conditions of this Agreement will continue to be valid and enforceable. 20.6 AMENDMENTS This Agreement may be amended from time to time on written agreement of the Parties. 20.7 WAIVER A Party may waive any of its rights under this Agreement only in writing. Any tolerance or indulgence demonstrated by the Party will not constitute a waiver. 20.8 FORCE MAJEURE If any of the obligations within this Agreement is prevented, restricted or interfered with by reason of earthquake, fire, flood or other casualty or due to strikes, riot, storms, explosions, acts of God, war, terrorism, or a similar occurrence or condition beyond the reasonable control of the Parties, the Party so affected shall, upon giving prompt notice to the other Parties, be excused from such performance during such prevention, restriction or interference, and any failure or delay resulting therefrom shall not be considered a breach of this Agreement. Page 13 of 28 611:3 21. OTHER 21.1 New Brunswick and the Recipient acknowledge that the financial contribution by Canada under this Agreement and, in consideration of that contribution and notwithstanding that Canada is not a signatory to this Agreement, the Parties agree that the terms of this Agreement applicable to or with respect to Canada, are for her sole benefit. 21.2 Nothing in this Agreement is to be construed as authorizing one Party to contract for or to incur any obligation on behalf of the other or to act as an agent for the other. Nothing in this Agreement is to be construed as authorizing the Recipient or any third Party to contract for or to incur any obligation on behalf of either Party or to act as an agent for either Party. 21.3 If there is a conflict between this Agreement and the IBA Funding Agreement, the provisions of the IBA Funding Agreement will apply. 21.4 The Recipient will ensure that no current or former public servant or public office holder to whom any post -employment, ethics and conflict of interest legislation, guidelines, codes or policies of Canada or New Brunswick applies will derive direct benefit from the Project's funding, unless the provision or receipt of such benefits is in compliance with such legislation, guidelines, policies or codes. 21.5 This Agreement is subject to the provincial Right to Information and Protection of Privacy Act as well as the federal Access to Information Act and the Privacy Act. 21.6 In the event of a breach of any of the terms and conditions of this Agreement by the Recipient, no further contributions shall be made by New Brunswick and all previous payments shall be returned to New Brunswick within thirty (30) days of written notification to that effect. 22. NOTICE Any notice provided under this Agreement may be delivered in person, sent by email, facsimile or mail, addressed to: For New Brunswick: Regional Development Corporation P.O. Box 6000 Fredericton, NB E313 51-11 Phone: 506-453-2277 Fax: 506-453-7988 Email: IBA-EBI gnb.ca Page 14 of 28 611%] or such other address, email or facsimile number, or addressed to such other person as New Brunswick may, from time to time, designated in writing to the Recipient; and City of Saint John P.O. Box 1971 15 Market Square Saint John, NB E21- 41-1 Phone: (506) 648-3713 Email: cityclerk@saintjohn.ca Or such other address, email or facsimile number, or addressed to such other person as the Recipient may, from time to time, designate in writing to New Brunswick. Such notice will be deemed to have been received, if sent by mail or email, when receipt is acknowledged by the other Party; by facsimile, when transmitted and receipt is confirmed; and in person, when delivered. 23. COMPLIANCE WITH LAWS The Recipient will comply with all applicable laws, regulations, all requirements of regulatory bodies having jurisdiction over the subject matter of the Project and any common law obligations to consult with, and where appropriate, will engage in Aboriginal consultation and consider Aboriginal interests. 24. GOVERNING LAW This Agreement is governed by the laws applicable in the Province of New Brunswick. 2S. SUCCESSORS AND ASSIGNS This Agreement is binding upon the Parties and their respective successors and assigns. Page 15 of 28 [0s] SIGNATURES REGIONAL DEVELOPMENT CORPORATION SOCItT9 DE DNELOPPEMENT REGIONAL Original signed by: Z� Z" Cade Libby President %2,-u Date City of Saint John I/We hereby confirm that I/we have the authority to bind the CITY OF SAINT JOHN Original signed by: Mayor Jonathan Taylor Common Clerk Date Date Page 16 of 28 AI SCHEDULE A — PROJECT DESCRIPTION RECIPIENT: City of Saint John PROJECT NUMBER:14170 PROJECT TITLE: Municipal Operations Complex PROJECT DESCRIPTION The project consists of the replacement of the existing metal siding at the Municipal Operations Complex (175 Rothesay Avenue) that is in poor condition. The work also includes replacing the existing facility sign which is also in poor condition and several windows that have been identified as leaking. The project was identified as part of the City's asset management program to conduct building condition and energy audits at all City owned facilities. The project is considered 'high' based on the established decisionmaking criteria to prioritize projects based on the City's risk rating manual and impact on the level of service. ELIGIBLE PROJECT EXPENDITURES: The Canada — New Brunswick Integrated Bilateral Agreement for the Investing in Canada Infrastructure Program shall contribute a financial incentive of 80% of the aforementioned eligible project expenditures of $523,250 being an amount not exceeding $418,600. Subject to this Agreement, the Recipient shall be responsible for contributing at least 20% of the Eligible Expenditures of the project implemented under this Agreement. Expenditure overruns will not be considered as Eligible Expenditures and will be the responsibility of the Recipient. No contribution shall be made under the Canada — New Brunswick Integrated Bilateral Agreement for the Investing in Canada Infrastructure Program with respect to any expenditure incurred other than the eligible project expenditures. FINANCING OF PROJECT: Funding Source Fiscal Year 2021-2022 Fiscal Year 2022-2023 Totals Funding 1 Percentage Canada $334,600 $84,000 $418,600 80% i New Brunswick $0 $0 $0 0 % Recipient $83,650 $21,000 $104,650 _ 20 % Total $418,250 1$105,000 $523,250 100% i New Brunswick will reimburse 80% (80% Canada and 0% New Brunswick) of eligible costs on each claim submitted for reimbursement up to the total approved contributions. FEDERAL ENVIRONMENTAL AND/OR IMPACT ASSESSMENT REQUIREMENTS: No. Page 17 of 28 A FEDERAL INDIGINOUS CONSULTATION/NOTIFICATION REQUIREMENTS: No. ADDITIONAL CONDITION: a) The Recipient will demonstrate to New Brunswick's satisfaction that all funding to complete the Project has been secured, prior to New Brunswick paying eligible costs. b) Unless otherwise agreed to by New Brunswick, the Recipient agrees to retain title and ownership of an Asset for the Asset Disposal Period. c) For your project to be eligible for funding, construction must start before September 30th, 2023 and must be substantially complete by December 315% 2023. Costs incurred after December 3112023 will not be eligible for reimbursement. The Proiect may not proceed with construction until Canada and New Brunswick can confirm that the obligations for environmental assessment, Aboriginal consultation and every additional condition have been met. FORCASTED CONSTRUCTION START DATE (YYYY/MM/DD): 2021/04/09 FORCASTED CONSTRUCTION END DATE (YYYY/MM/DD): 2022/04/30 PROJECT CATEGORY OUTCOMES/BENEFITS that will need to be quantified: Category: Retrofits, Repairs and Upgrades Sub -Assets: Public Works Buildings Page 18 of 28 W SCHEDULE B — ELIGIBLE AND INELIGIBLE EXPENDITURES ELIGIBLE EXPENDITURES Eligible Expenditures will include the following: a) All costs considered by New Brunswick and Canada to be direct and necessary for the successful implementation of an eligible Project, excluding those explicitly identified in the Ineligible Expenditures section below, and which may include capital costs, design and planning, and costs related to meeting specific program requirements, including completing climate lens assessments and creating community employment benefit plans; and b) The incremental costs of employees of a Recipient may be included as Eligible Expenditures for a Project under the following conditions: - The Recipient is able to demonstrate that it is not economically feasible to tender a Contract; and - The arrangement is approved in advance and in writing by New Brunswick and Canada. INELIGIBLE EXPENDITURES Ineligible expenditures will include the following: a) Costs incurred before April 91", 2021 and any and all expenditures related to contracts signed prior to Project approval, except for expenditures associated with completing climate lens assessments; b) Costs incurred after December 31s1, 2023 c) Costs incurred for cancelled Projects; d) Costs of relocating entire communities; e) Land acquisition; f) Leasing and, buildings and other facilities; leasing equipment other than equipment directly related to the construction of the Project; real estate fees and related costs; g) Any overhead costs, including salaries and other employment benefits of any employees of the Recipient, any direct or indirect operating or administrative costs of Recipients, and more specifically any costs related to planning, engineering, architecture, supervision, management and other activities normally carried out by the Recipient's staff, except in accordance with Section b) of Eligible Expenditures; Page 19 of 28 h) Financing charges, legal fees, and loan interest payments, including those related to easements (e.g. surveys); i) Any goods and services costs which are received through donations or in kind; j) Provincial sales tax, goods and services tax, or harmonized sales tax for which the Recipient is eligible for a rebate, and any other costs eligible for rebates; k) Costs associated with operating expenses and regularly scheduled maintenance work; 1) Costs related to furnishing and non -fixed assets which are not essential for the operation of the Asset/Project; and m) All capital costs, including site preparation and construction costs, until New Brunswick and Canada has confirmed that environmental assessment and Aboriginal consultation obligations as required under Section 8 (Environmental Assessment and Licensing) and 9 (Aboriginal Consultation) have been met and continue to be met. Page 20 of 28 ICU SCHEDULE C—COMMUNICATIONS PROTOCOL 1. Purpose a) This communications protocol outlines the roles and responsibilities of each of the Parties to this Agreement, as well as those of Canada, with respect to communication activities related to the Project. b) This communications protocol will guide the planning, development and implementation of all Communications Activities to ensure clear, consistent and coordinated communications to the Canadian public. c) The provisions of this communications protocol apply to all Communications Activities related to the Agreement and any Projects funded under the Agreement. Such Communications Activities may include, but are not limited to, public or media events, news releases, reports, wen and social media products or postings, blogs, project signs, digital signs, publications, success stories and vignettes, photo compilations, videos, advertising campaigns, awareness campaigns, editorials, and multi -media products. 2. Guiding Principles a) The Parties recognize the importance of managing the delivery of coherent Communications Activities based on the principle of transparent and open discussion and collaboration. b) Communications Activities undertaken in accordance with this communications protocol should ensure that Canadians are informed of infrastructure investments made to help improve their quality of life and that they receive consistent information about funded Projects and their benefits. c) The Communications Activities undertaken jointly by Canada, New Brunswick and the Recipient shall recognize the funding of all Parties to the Project. 3. Governance a) The Oversight Committee shall be responsible for monitoringthe implementation of this communications protocol. b) New Brunswick is responsible for communication the requirements and responsibilities outlined in this communications protocol to the Recipient and for ensuring their compliance. c) New Brunswick shall communicate to the Recipient any deficiencies and/or corrective actions identified by Canada or by the Oversight Committee. 4. Joint Communications a) Canada, New Brunswick and the Recipient will have Joint Communications about the funding of the Project. Page 21 of 28 b) Joint Communications under the Agreement should not occur without the prior knowledge and agreement of all Parties, where applicable. c) All Joint Communications material will be approved by Canada and New Brunswick prior to release, and will recognize the funding of all Parties. d) Each of the Parties may request Joint Communications to communicate to Canadians about the progress or completion of the Project. The requestor will provide at least 15 business days' notice to the other Parties. If the communications activity is an event, it will take place at a mutually agreed date and location. e) The requestor of the Joint Communications will provide an equal opportunity for the other Parties to participate and choose their own designated representative (in the case of an event). f) New Brunswick or the Recipient will be responsible for providing onsite communications and logistics support. Any related costs are eligible for cost -sharing in accordance with the formula outlined in the funding agreement. g) Canada and New Brunswick have an obligation to communicate in English and French. Joint Communications products must be bilingual and include the Canada and New Brunswick wordmark and other Parties' logos. Canada and New Brunswick will provide the translation and final approval on products. h) The conduct of all Joint Communications will follow the Table of Precedence for Canada. 5. Individual Communications a) Notwithstanding Section 4 of this communications protocol (Joint Communications), Canada and New Brunswick retain the right to meet its obligations to communicate information to Canadians about the Agreement and the use of funds through their own Communications Activities. b) Canada, New Brunswick and the Recipient may each include general program messaging and examples of projects funded through the Agreement in their own Communications Activities. The authoring Party will not unreasonably restrict the use of such products or messaging by the other Parties, and if web or social media based, from linking to it. c) Canada, New Brunswick or the Recipient may issue digital communications to communicate progress of the Project. d) Where a web site or web page is created to promote or communicate progress on a funded Project, it must recognize federal and provincial funding through the use of a digital sign orthrough the use of the Canada wordmark and the following wordings, "This project is funded in part by the Government of Canada". The Canada wordmark or digital sign must link to Infrastructure Canada's website, at www.infrastructure.ga.ca. Canada will provide and publish guidelines for how this recognition is to appear. The Recipient will also recognize the funding of New Brunswick in a similar manner. e) The Recipient will be required to send a minimum of one photograph to each of the Parties of the construction in progress, or of the completed project, for use in social media and other digital individual Communications Activities. Sending the photos will constitute permission to use and transfer of copyright. Photographs are to be sent to Page 22 of 28 AYA INFC.Photos@canada.ca along with project name and location. 6. Operational Communications a) The Recipient is solely responsible for operational communications with respect to Projects, including but not limited to: calls for tender, or construction and public safety notices. Operational communications as described above are not subject to the federal official language policy. b) Canada does not need to be informed on operational communications. However, such products should include, where appropriate, the following statement, "This project is funded in part by the Government of Canada". As appropriate, operational communications will also recognize the funding of New Brunswick is a similar manner. 7. Media Relations a) Canada and New Brunswick will share information promptly with the other Party should significant media inquiries be received or emerging media or stakeholder issues arise to a Project or the overall fund. 8. Signage a) Canada, New Brunswick or the Recipient may request a sign recognizing their funding contribution to the Project. b) Where a physical sign is to be installed, unless otherwise agreed upon by Canada, it will be the Recipient that will produce and install a joint physical sign that recognizes funding of each Party at each Project site in accordance with current federal signage guidelines. c) The joint sign design, content and installation guidelines will be provided by Canada. d) The recognition of funding contributions of each Party and the Recipient will be of equal prominence and visibility. e) Digital signage may also be used in addition or in place of a physical sign in cases where a physical sign would not be appropriate due to project type, scope, location or duration. f) Where the Recipient decides to install a permanent plaque or other suitable marker with respect to a Project, it must recognize the federal and provincial contributions and be approved by Canada and New Brunswick. g) The Recipient agrees to inform New Brunswick of sign installations through the Project progress reports referenced in Section it (Reporting) of this Agreement. h) Where a physical sign is being installed, signage should be installed at each Project site one (1) month prior to the start of construction, be visible for the duration of that Project, and remain in place until one (1) month after construction is completed and the infrastructure is fully operational or opened for public use. i) Signage should be installed in a prominent and visible location that takes into consideration pedestrian and traffic safety and visibility. 9. Advertising Campaigns Page 23 of 28 a) Recognizing that advertising can be an effective means of communicating with the public, Canada and New Brunswick may, at their own cost, organize an advertising or public information campaign related to the Agreement or eligible Project. However, such a campaign will respect the provisions of this Agreement. In the event of such a campaign, the sponsoring Party or Recipient will inform the other Parties or of its intention no less than twenty-one (21) working days prior to the campaign launch. Page 24 of 28 C1'] SCHEDULE D - DETAILED CLAIM FORM _ Regional Development Corporation Claim No: Brurisw ANouveau P.O. Box 6000, Fredericton, New Brunswick E38 5H1 IBA - COVIDI9 (federal) Final Claim: List al/ eligible project costs with invoices and cheque numbers on this form. Include a copy of each invoice and proof of payment. Failure to record and support each cost will cause a delay in processing. Project Number: 14170 Project Name: City of Saint John -Infrastructure Description of costs Name of Supplier Cheque No. Cheque Amount Invoice Total HST Total Eligible & supported costs (total -HST refund) % of HST refunded by Canada Revenue Actenev 71 43% - municipality ❑ 22 33% - university ❑ 50% - non-profit organization ❑ 100% - other ❑ 0% - none The undersigned hereby certifies that: a the invoices above represent eligible project costs that have been paid in full and the work completed, and b no other public financial assistance has been received or is to be received for the part of the project against which this reimbursement is claimed Signature Print Name Dale Title Company Telephone For office use only Eligible & supported costs Claim Reviewer Less: previous advance 122320-14-14 Project Officer Add: current advance I 4 122320�14-14 Payment Authority 9195 CITYSJ Vendor Payment request account r Page 25 of 28 Date Date Claim Auditor rill SCHEDULE E • PROGRESS REPORT Digital version to be sent at a later date Page 26 of 28 71 SCHEDULE (F.1) DECLARATION OF SUBSTANTIAL COMPLETION Pursuant to the Agreement entered into between the Province, represented by the Minister responsible for the Regional Development Corporation, and City of Saint John, I , a licensed professional or an acceptable equivalent approved by the Province including the President or legal head of the Ultimate Recipient, do solemnly declare as follows: 1. That I am the knowledge of the matters set forth in this affidavit; (title, organization), and as such have 2. That the work identified as Project #14170 as described in Schedule A in the above- mentioned Agreement has been substantially completed on the day of 20. 3. That the work: Declared at (date). Signature a. Was carried out by (the prime contractor). Between the dates Of (start date) and (completion date); b. Was supervised and inspected by qualified staff; c. Conforms with the plans, specifications and other documentation for the work; and d. Conforms with applicable environmental legislation, and appropriate mitigation measures have been implemented. 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C 0 O O to. ra y�i A c .0 a. cokD 0 0 0 o; C A. C < C iOC ai in A 0 s PA. NO NewNouveau Brunswick May 31, 2021 C A N A D A Her Worship Donna E. Reardon Mayor of Saint John P.O. Box 1971 15 Market Square Saint John, NB E21- 41.1 SUBJECT: Project No.: 14171 Project Name: Fire Station Upgrades Dear Ms. Mayor: am pleased to inform you that under the Canada — New Brunswick Integrated Bilateral Agreement for the Investing in Canada Infrastructure Program, your project entitled "Fire Station Upgrades" has been approved. Funds allocated to the project are from Infrastructure Canada (INFC) and the Regional Development Corporation (RDC). You will receive a financial contribution of 80% ($200,000) of the eligible expenditures for this project, 80% ($200,000) INFC and 0% ($0) RDC. The maximum eligible expenditure, including your 20% ($50,000) portion, is $250,000. The funds allocated to your project are subject to terms and conditions outlined in the agreement and schedules of the enclosed Integrated Bilateral Agreement Contribution Agreement. Any claim for reimbursement of the contribution must be supported by copies of invoices and proof of payment of those invoices. All payments will be done by electronic funds transfer. Please complete the attached direct deposit service form. Please be advised that as per the agreement, all communication activities related to the aforementioned project are to be undertaken jointly with the Federal and Provincial Governments. I would appreciate if you could confirm your acceptance of the conditions by signing the enclosed agreement and returning it and the direct deposit service form to RDC at IBA-PEBanb_ca. Please feel free to contact Sarah Robichaud, Project Executive, at 506-453-5644 or sarah;ro ich.aud nb..ca if you have any questions or concerns. I look forward to the successful completion of this project. Sincerely, Y � Cade Libby President Enclosure: Integrated Bilateral Agreement Contribution Agreement Direct Deposit Service Form cc: Hon. Arlene Dunn, Minister of Economic Development and Small Business, Opportunities New Brunswick, Immigration, and Aboriginal Affairs Jennifer Brennan, Regional Development Corporation Regional Development Corporatlon/SoclM de dAveloppement r6gional www.gnb.ca P 0 Box1C P 6000 Fredericton New Brunswick/Nouveau-Brunsw,ek E3B 5H 1 Canada Canada BNewkNouveauirunswic INTEGRATED BILATERAL AGREEMENT CONTRIBUTION AGREEMENT This Agreement is made as of the date of last signature. BETWEEN: HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF NEW BRUNSWICK, as represented by the Minister of Regional Development Corporation ("New Brunswick") AND: CITY OF SAINT JOHN in the Province of New BRUNSWICK ("Recipient") Individually referred to as a "Party" and collectively referred to as the "Parties". WHEREAS CANADA AND NEW BRUNSWICK entered into a funding agreement, the Canada — New Brunswick Integrated Bilateral Agreement for the Investing in Canada Infrastructure Program, effective March 18, 2018, to establish the terms and conditions whereby Canada will provide funding to New Brunswick for Projects; AND WHEREAS Canada agrees to deliver up to a maximum of $673,217,568 to New Brunswick in four key areas: public transit; green infrastructure; community, culture and recreation infrastructure; and rural and northern communities infrastructure; AND WHEREAS New Brunswick agrees to enter into Agreements with Recipients for funding, namely the present Integrated Bilateral Agreement Contribution Agreement (Agreement); AND WHEREAS this Agreement is made pursuant to the Canada - New Brunswick Integrated Bilateral Agreement for the Investing in Canada Infrastructure Program and therefore all relevant provisions of that Funding Agreement shall apply; NOW THEREFORE, in accordance with the mutual covenants and agreements herein, the Parties agree as follows: 1. PURPOSE The purpose of this Agreement is to establish the terms and conditions whereby New Brunswick will provide funding to the Recipient for the Project described in Schedule A. Page 1 of 28 rrA 2. ANNEXES AND SCHEDULES The following schedules are attached to, and form part of this Agreement: Schedule A - Project Description Schedule B - Eligible and Ineligible Expenditures Schedule C - Communications Protocol Schedule D - Detailed Claim Form Schedule E - Progress Report Form (Document to follow) Schedule F - Completion Documents (Documents to follow) F.1 Declaration of Substantial Completion F.2 Project Completion Form 3. INTERPRETATION 3.1 DEFINITIONS In addition to the terms and conditions defined in the recitals and elsewhere in this Agreement, a capitalized term has the meaning given to it in this section. "Agreement" means this Integrated Bilateral Agreement Contribution Agreement and all schedules, as may be amended from time to time. "Agreement End Date" means the date at which the final payment is made to the Recipient which will, in any case, be no later than March 311, 2024. "Asset" means any real or personal property or immovable or movable asset, acquired, purchased, constructed, rehabilitated or improved, in whole or in part, with contribution funding provided by New Brunswick under the terms and conditions of this Agreement. "Asset Disposal Period" means the period ending five (5) years after a Project is Substantially Completed. "Canada" means the Government of Canada, as represented by the President of the Queen's Privy Council for Canada, Minister of Infrastructure, Communities and Intergovernmental Affairs. "Communications Activity" or "Communications Activities" means, but is not limited to, public or media events or ceremonies including key milestone events, news releases, reports, web and social media products or postings, blogs, news conferences. Public notices, physical and digital signs, publications, success stories and vignettes, photos, videos, multi -media content, advertising campaigns, awareness campaigns, editorials, multi -media products and all related communication materials under this Agreement. "Contract" means an agreement between the Recipient and a Third Party whereby the latter agrees to supply a product or service to a Project in return for financial consideration. Page 2 of 28 M-11 "Effective Date" means the date of last signature of this Agreement. "Eligible Expenditures" means those costs incurred and paid that are eligible for reimbursement by New Brunswick, with funds from New Brunswick and Canada, as set out in Schedule B that have been approved as part of a Project approval. "Fiscal Year" means the period beginning April 11t of a calendar year and ending on March 31s' of the following calendar year. "IBA Funding Agreement" means the Integrated Bilateral Agreement for the Investing in Canada Infrastructure Program, which sets out the roles and responsibilities of Canada and New Brunswick for the delivery of the program, including attached Schedules. "Incurred" means an event or transaction has taken place for which an obligation to pay exists, even if an invoice has not been received, such that the underlying evidence indicates there is little or no discretion to avoid the obligation. The value of the obligation is to be calculated in accordance with recognized Canadian accounting standards. "Joint Communications" means events, news releases, and signage that relate to this Agreement and are collaboratively developed and approved by Canada, New Brunswick and, where applicable, the Ultimate Recipient, and are not operational in nature. "Oversight Committee" means the committee established under the IBA Funding Agreement consisting of representatives from Canada and New Brunswick. "Person" means, without limitation, a person, New Brunswick, an Ultimate Recipient, a Third Party, a corporation, or any other legal entity, and their officers, servants, employees or agents. "Project" or "Projects" means the project approved by New Brunswick and Canada under the IBA Funding Agreement as described in Schedule A. "Substantial Completion" or "Substantially Completed" means, when referring to a Project, that the Project can be used for the purpose for which it was intended. 3.2 ENTIRE AGREEMENT This Agreement comprises the entire agreement between the Parties. No prior document, negotiation, provision, undertaking or agreement in relation to the subject of the Agreement has legal effect, unless incorporated by reference into this Agreement. No representation or warranty express, implied or otherwise, is made by New Brunswick to the Recipient except as expressly set out in this Agreement. 3.3 DURATION OF AGREEMENT This Agreement will be effective as of the Effective Date and will terminate on the Agreement End Date. Page 3 of 28 15061 4. OBLIGATIONS OF THE PARTIES 4.1 COMMITMENTS BY NEW BRUNSWICK a) New Brunswick agrees to provide funding from Canada and New Brunswick to the Recipient in accordance with Schedule A. b) Subject to paragraph 4.2 c) the Parties agree that New Brunswick's role is limited to providing funding to Projects and that New Brunswick and Canada will have no involvement in the implementation of any Project or its operation. New Brunswick and Canada are neither a decision -maker nor an administrator of the Project. 4.2 COMMITMENTS BY THE RECIPIENT a] The Recipient agrees to complete the Project, claim only for Eligible Expenditures in a diligent and timely manner, and is responsible for any unapproved expenditures and cost overruns. b) The Recipient will be responsible for the costs of producing and installing federal and provincial program signs. Signage costs are an Eligible Expenditure. c) If the Project is not completed or is cancelled, the Recipient agrees to return any previous payments to New Brunswick within thirty (30) days of written notification to that effect. d) The Recipient shall allow any authorized representative of New Brunswick or Canada reasonable access to the project site to assess the Project's progress, to review all records and accounts maintained and to carry out the evaluation process required for the implementation of the IBA Funding Agreement. The Recipient shall provide all records and accounts as requested by New Brunswick. e) The Recipient agrees to bear all operating expenditures of the Project. f) Construction must begin by September 3011, 2023 g) Project must be substantially completed by December 315t, 2023, or by December 311% 2024 if located in a remote community (Remote community defined as being located 25km outside either Fredericton, Moncton, or Saint John with a population of 5,000 or less) Page 4 of 28 E:ii] 4.3 APPROPRIATIONS Notwithstanding New Brunswick'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 Legislature of New Brunswick or the Parliament of Canada has not passed an appropriation that is sufficient and constitutes lawful authority for making the payment. New Brunswick and Canada may reduce or terminate any payment under this Agreement in response to the reduction of appropriations or departmental funding levels in respect of transfer payments, the program under which this Agreement was made or otherwise, as evidenced by any appropriation act of the provincial or federal Crown's main or supplementary estimates expenditures. New Brunswick and Canada 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 or termination of funding. 5. FISCAL YEAR BUDGETING a) The amount of contribution funding payable by New Brunswick and Canada each Fiscal Year is set out in Schedule A. b) If the actual amount payable by New Brunswick and Canada in respect of any Fiscal Year is less than the estimated maximum amounts in Schedule A, the Recipient may request that New Brunswick and Canada re -allocate the difference between the two amounts to a subsequent Fiscal Year. Subject to Section 4 (Appropriations), New Brunswick and Canada agrees to make reasonable efforts to accommodate the Recipient's request. The Recipient acknowledges that requests for re -allocation of New Brunswick and Canada's contribution funding to a Project will require appropriation adjustments or provincial and federal Crown approvals. c) In the event that any requested re -allocation of New Brunswick and Canada's contribution funding to a Project is not approved, the amount of New Brunswick and Canada's contribution payable in accordance with Schedule A may be reduced by the amount of the requested re -allocation. If the contribution payable by New Brunswick and Canada in accordance with Schedule A is so reduced, the Parties agree to review the effects of such reduction on the overall implementation of the Project and to adjust the terms and conditions of this Agreement as appropriate. 6. PROJECT IMPLEMENTATION 6.1 The Recipient shall not change the Project scope, timing or location without the prior written approval of New Brunswick. The Recipient will promptly inform New Brunswick should the project be cancelled. Page 5 of 28 6.2 Progress reports (as set out in Schedule E) for all approved projects under the Covid-19 Resilient Infrastructure Stream (CVRIS) will need to be submitted to INFC, at a minimum, on a biannual basis (May 15th and November 15th) 6.3 The Recipient will be responsible for arranging the engineering design, calling of public tenders, and awarding of the contract to the successful bidder, and overall management of the contract. The Recipient will award and manage all contracts in accordance with their relevant policies and procedures and, if applicable, in accordance with the Agreement on Internal Trade and applicable international and interprovincial trade agreements, and all other applicable laws, including the ProcurementAct, SNB 2012, c.20. If New Brunswick determines that a Contract is awarded in a manner that is not in compliance with the foregoing, upon notification to the Recipient, New Brunswick may consider the expenditures associated with the Contract to be ineligible. 6.4 The Recipient agrees to ensure that the Project work shall be carried out in accordance with all federal, provincial, or municipal (local government) rules, regulations and laws governing such work and in accordance with the best general practices then current at the time of construction of the project. In addition, the Project must also: Meet or exceed any applicable energy efficiency standards for buildings outlined in the Pan -Canadian Framework on Clean Growth and Climate Change. Meet or exceed the requirement of the highest published accessibility standard in a jurisdiction, in addition to applicable provincial building codes and relevant municipal by-laws. 6.5 The Recipient consents to the participation of New Brunswick or its representative at all public tender openings if requested by New Brunswick. 6.6 New Brunswick reserves the right to request additional information for review and approval purposes, including assessment of risks, or to make a determination as per Sections 8 (Environmental Assessment and Licensing) and 9 (Aboriginal Consultation). 6.7 Repair, restoration or replacement of property that was required to be removed, altered, damaged or destroyed in the course of carrying out the Project will be performed to bring the property to its pre-existing condition, meaning the same condition that the property was in at the time of the removal, alteration, damage, or destruction. Except as may be required by law, the work and materials required to bring the property to its pre-existing condition shall not exceed the quality or quantity as originally existed. Eligible Expenditures will not include any expenditures for enhancements or improvements. 7. ASSETS 7.1 DISPOSAL OF ASSETS a) Unless otherwise agreed to by New Brunswick, the Recipient agrees to retain title and Page 6 of 28 E:3A ownership of an Asset for the Asset Disposal Period. b) If at any time within the Asset Disposal Period, the Recipient sells, leases, or otherwise disposes of, directly or indirectly, any Asset purchased, acquired, constructed, rehabilitated or renovated, in whole or in part, under this Agreement, other than to Canada, New Brunswick, a Local Government, or with New Brunswick's written consent, the Recipient may be required to reimburse New Brunswick any funds received from New Brunswick and Canada for the Project and will notify New Brunswick in writing within ninety (90) business days of the transaction. 7.2 REVENUE FROM ASSETS The Recipient acknowledges that New Brunswick and Canada's contributions to a Project is meant to accrue to the public benefit. The Recipient will notify New Brunswick in writing within ninety (90) business days of the end of a Fiscal Year if any Asset owned by a for -profit Recipient is used in such a way that, in the Fiscal Year, revenues are generated from it that exceed its operating expenses. New Brunswick and Canada may require the Recipient to immediately pay to New Brunswick and Canada a portion of the excess in the same portion as the total cost of the Asset. This obligation will only apply during the Asset Disposal Period. 7.3 REPAYABLE CONTRIBUTIONS Any funding provided to a Recipient that is a private sector body intended to allow the business to generate profits or to increase the value of the business, will be repayable to New Brunswick and Canada. S. ENVIRONMENTAL ASSESSMENT AND LICENSING 8.1 The Project may be subject to, among others, New Brunswick Regulation 87-83 Environmental Impact Assessment Regulation — Clean Environment Act. That Regulation contains a list of undertakings found in Schedule A of the Regulation, which are required to be registered and screened to determine whether a full Environmental Impact Assessment is warranted. If the project requires registration, a determination on the project must be obtained from the Minister of Environment and Local Government prior to any site work on the Project beginning. 8.2 The Project may also be subject to, among others, Canadian Environmental Assessment Act (2012). This Act contains a list of physical activities found in Regulations Designating Physical Activities of the Act, which are required to be a designated project for an environmental assessment. If the Project is a designated project under the Canadian Environmental Assessment Act (2012), a decision statement must be obtained prior to any site work on the Project beginning. Page 7 of 28 E:ic3 8.3 If the Project requires registration under New Brunswick Regulation 87-83 Environmental Impact Assessment Regulation — Clean Environment Act and/or is deemed to be a designated project under the Canadian Environmental Assessment Act (2012), no site preparation, vegetation removal or construction will occur for a Project and no funds will be advanced to a recipient for expenditures related to construction work until New Brunswick and Canada are satisfied that all requirements under this act, other applicable federal environmental assessment legislation that is or may come into force during the term of this Agreement, and other applicable agreements between Canada and Aboriginal groups are met and continue to be met. 8.4 The Recipient will obtain all necessary licenses, permits, and approvals required for the Project by applicable legislation, regulations and by-laws be they Federal, Provincial or Municipal. 9. ABORIGINAL CONSULTATION 9.1 Funding for the Project is conditional upon New Brunswick and Canada being satisfied that obligations with respect to the legal duty to consult, and if applicable, requirement to accommodate Aboriginal groups are met. 9.2 No site preparation, vegetation removal or construction will occur for a Project and New Brunswick and Canada has no obligation to pay any Eligible Expenditures that are capital costs, as determined by New Brunswick and Canada, until New Brunswick and Canada are satisfied that any legal duty to consult, and where appropriate, to accommodate Aboriginal groups or other federal consultation requirement has been met and continues to be met. If required, New Brunswick and Canada must be satisfied that for each Project: a) Aboriginal groups have been notified and, if applicable, consulted; b) If applicable, a summary of consultation or engagement activities has been provided, including a list of Aboriginal groups consulted, concerns raised, and how each of the concerns have been addressed, or if not addressed, an explanation as to why not; c) Accommodation measures, where appropriate, are being carried out by the Recipient and these costs may be considered Eligible Expenditures; and d) Any other information has been provided that New Brunswick and Canada may deem appropriate. 9.3 The Recipient will comply with all obligations (i) under Applicable Law; (ii) as required by regulatory bodies having jurisdiction over the subject matter of the project; and (iii) under Page 8 of 28 E:il common law, to engage in Aboriginal consultation and consider Aboriginal interests. 10. CLAIMS AND PAYMENT 10.1 Each claim for reimbursement of Eligible Expenditures shall be submitted on forms herein provided in Schedule D. Claims will include copies of invoices along with all supporting documents, proof of payment of each invoice submitted for reimbursement, and such other documents as may be requested by New Brunswick. 10.2 When any other federal or provincial assistance is given or is to be given in respect of the Project which was not taken into consideration in the original application, the contribution hereunder may be reduced by a corresponding amount. 10.3 New Brunswick reserves the right to withhold any or all reimbursements of Eligible Expenditures until completion documents provided in Schedule F are completed and returned to New Brunswick by the Recipient. 10.4 New Brunswick will not pay interest for failing to make a payment under this Agreement. 10.5 New Brunswick will not pay capital costs for a Project until the requirements under Section 8 (Environmental Assessment and Licensing) and Section 9 (Aboriginal Consultation), if applicable, are, in New Brunswick's opinion, satisfied to the extent possible at the date the claim is submitted to New Brunswick. 10.6 No claim for reimbursement shall be paid by New Brunswick unless it is received on or before January 31" of the year following the Fiscal Year in which the Eligible Expenditure is incurred and, in all circumstances, no later than March 31s, 2024. 11. REPORTING The Recipient will provide to New Brunswick at minimum on a biannual basis a Project progress report in a format acceptable to New Brunswick and in accordance with Schedule E (Progress Report Form); and will submit, in a format acceptable to New Brunswick, a final project report in accordance with Schedule F (Completion Documents). 12. RETENTION OF CONTRIBUTION There will be no retention of contribution for this project. 13. AUDITS The Recipient agrees to allow New Brunswick reasonable and timely access to all its Page 9 of 28 E-111 documentation, records and accounts and those of their respective agents or third Parties related to the Project, and all other relevant information and documentation requested by New Brunswick, or their designated representatives, for the purposes of audit, evaluation, and ensuring compliance with this Agreement. 14. RECORD KEEPING The Recipient will keep proper and accurate financial accounts and records, including but not limited to its contracts, invoices, statements, receipts, and vouchers in respect of the Project, for at least seven (7) years after the IBA Funding Agreement End Date and will provide New Brunswick and their designated representatives with reasonable and timely access to documentation for the purposes of audit, evaluation, and ensuring compliance with this Agreement. 15. DISPUTE RESOLUTION a) The Parties will keep each other informed of any issue that could be contentious. b) If a contentious issue arises, the Oversight Committee will examine it and will, in good faith, attempt to resolve the contentious issue as soon as possible, and, in any event, within thirty (30) business days from the receipt of notice of such contentious issue. Where the Oversight Committee cannot agree on a resolution, the matter will be referred to the Parties for resolution. The Parties will provide a decision within ninety (90) business days from the date of referral to the Parties. c) Where the Parties cannot agree on a resolution, the Parties may explore any alternative dispute resolution mechanisms available to them to resolve the contentious issue. d) Any payments related to any contentious issue raised by either Party may be suspended by New Brunswick together with the obligations related to such issue, pending resolution. e) The Parties agree that nothing in this section will affect, alter or modify the rights of New Brunswick to terminate this Agreement. 16. DEFAULT 16.1 EVENTS OF DEFAULT The following event constitutes the "Event of Default" under this Agreement: a) The Recipient has not complied with one ore more of the terms and conditions of this Agreement. Page 20 of 28 E:11.1 16.2 DECLARATION OF DEFAULT New Brunswick may declare default if: a) The Event of Default occurs; b) New Brunswick gives notice to the Recipient of the event, which in New Brunswick's opinion constitutes an Event of Default; and c) The Recipient has failed, within thirty (30) business days of receipt of the notice, either to remedy the Event of Default or to notify and demonstrate to the satisfaction of New Brunswick that it has taken such steps as are necessary to remedy the Event of Default. 16.3 REMEDIES ON DEFAULT In the event that New Brunswick declares default, New Brunswick may exercise one or more of the following remedies, without limiting any remedy available to it by law: a) Suspend or terminate any obligation by New Brunswick to contribute or to continue to contribute funding to the Project, including any obligation to pay an amount owing prior to the date of such suspension or termination; b) Require the Recipient to reimburse New Brunswick all or part of the contribution paid by New Brunswick to the Recipient; or c) Terminate this Agreement. 17. LIMITATION OF LIABILITY In no event will New Brunswick or Canada, its officers, servants, employees or agents be held liable for any damages in contract, tort (including negligence) or otherwise, for: a) any injury to any Person, including, but not limited to, death, economic loss or infringement of rights; b) any damage to or loss or destruction of property of any Person; or c) any obligation of any Person, including, but not limited to, any obligation arising from a loan, capital lease or other long-term obligation in relation to this Agreement or the Project. Page 11 of 28 E:1l 18. INDEMNIFICATION The Recipient will at all times indemnify and save harmless New Brunswick and Canada, its officers, servants, employees, or agents, from and against all actions, claims, demands, losses, costs, damages, suits or other proceedings, whether in contract, tort (including negligence) or otherwise, by whomsoever brought or prosecuted in any manner based upon or occasioned by: a) any injury to any Person, including, but not limited to, death, economic loss or any infringement of rights; b) any damage to or loss or destruction of property of any Person; or c) any obligation of any Person, including, but not limited to, any obligation arising from a loan, capital lease or other long-term obligation in relation to this Agreement or the Project, except to the extent to which such actions, by claims, demands, losses, costs, damages, suits or other proceedings are caused by the negligence or breach of this Agreement by an officer, servant, employee or agent of New Brunswick or Canada in the performance or his or her duties. 19. COMMUNICATIONS 19.1 No public announcement of an activity related to the Project shall be made by the Recipient without the prior written consent of New Brunswick. 19.2 The Parties shall comply with the communications guideline set out in Schedule C referred to as the Communications Protocol. 20. GENERAL 20.1 SURVIVAL Any provision in this Agreement which imposes an obligation after the termination or expiration of this Agreement, shall survive the termination or expiration of this Agreement. 20.2 NO AGENCY, PARTNERSHIP, JOINT VENTURE, ETC. a) No provision of this Agreement and no action by the Parties will establish or be deemed to establish a partnership, joint venture, principal -agent relationship or employer -employee relationship in any way or for any purpose whatsoever between New Brunswick and the Recipient or between New Brunswick and any third party. Page 12 of 28 E:f:3 b) The Recipient will not represent itself, including in any agreement with a third party, as a partner, employee or agent of New Brunswick. 20.3 ACCOUNTING PRINCIPLES All accounting terms will have the meanings assigned to them, all calculations will be made and all financial data to be submitted will be prepared, in accordance with the public sector accounting standards in effect in Canada. 20.4 COUNTERPART SIGNATURE This Agreement may be signed in counterpart, and the signed copies will, when attached, constitute an original Agreement. 20.5 SEVERABILITY If for any reason a provision of this Agreement that is not a fundamental term of this Agreement between the Parties is found to be or becomes invalid or unenforceable, in whole or in part, and if both Parties agree, it will be deemed to be severable and will be deleted from this Agreement, but all the other terms and conditions of this Agreement will continue to be valid and enforceable. 20.6 AMENDMENTS This Agreement may be amended from time to time on written agreement of the Parties. 20.7 WAIVER A Party may waive any of its rights under this Agreement only in writing. Any tolerance or indulgence demonstrated by the Party will not constitute a waiver. 20.8 FORCE MAJEURE If any of the obligations within this Agreement is prevented, restricted or interfered with by reason of earthquake, fire, flood or other casualty or due to strikes, riot, storms, explosions, acts of God, war, terrorism, or a similar occurrence or condition beyond the reasonable control of the Parties, the Party so affected shall, upon giving prompt notice to the other Parties, be excused from such performance during such prevention, restriction or interference, and any failure or delay resulting therefrom shall not be considered a breach of this Agreement. Page 13 of 28 E-lue 21. OTHER 21.1 New Brunswick and the Recipient acknowledge that the financial contribution by Canada under this Agreement and, in consideration of that contribution and notwithstanding that Canada is not a signatory to this Agreement, the Parties agree that the terms of this Agreement applicable to or with respect to Canada, are for her sole benefit. 21.2 Nothing in this Agreement is to be construed as authorizing one Party to contract for or to incur any obligation on behalf of the other or to act as an agent for the other. Nothing in this Agreement is to be construed as authorizing the Recipient or any third Party to contract for or to incur any obligation on behalf of either Party or to act as an agent for either Party. 21.3 If there is a conflict between this Agreement and the IBA Funding Agreement, the provisions of the 1BA Funding Agreement will apply. 21.4 The Recipient will ensure that no current or former public servant or public office holder to whom any post -employment, ethics and conflict of interest legislation, guidelines, codes or policies of Canada or New Brunswick applies will derive direct benefit from the Project's funding, unless the provision or receipt of such benefits is in compliance with such legislation, guidelines, policies or codes. 21.5 This Agreement is subject to the provincial Right to information and Protection of Privacy Act as well as the federal Access to Information Act and the Privacy Act. 21.6 In the event of a breach of any of the terms and conditions of this Agreement by the Recipient, no further contributions shall be made by New Brunswick and all previous payments shall be returned to New Brunswick within thirty (30) days of written notification to that effect. 22. NOTICE Any notice provided under this Agreement may be delivered in person, sent by email, facsimile or mail, addressed to: For New Brunswick: Regional Development Corporation P.Q. Box 6000 Fredericton, NB E3B 51-11 Phone: 506-453-2277 Fax: 506-453-7988 Email: IBA-EBI f)p,nb.ca Page 14 of 28 0191 or such other address, email or facsimile number, or addressed to such other person as New Brunswick may, from time to time, designated in writing to the Recipient; and City of Saint John P.O. Box 1971 15 Market Square Saint John, NB E21- 41-1 Phone: (506) 648-3713 Email: cityclerk@saintjohn.ca Or such other address, email or facsimile number, or addressed to such other person as the Recipient may, from time to time, designate in writing to New Brunswick. Such notice will be deemed to have been received, if sent by mail or email, when receipt is acknowledged by the other Party; by facsimile, when transmitted and receipt is confirmed; and in person, when delivered. 23. COMPLIANCE WITH LAWS The Recipient will comply with all applicable laws, regulations, all requirements of regulatory bodies having jurisdiction over the subject matter of the Project and any common law obligations to consult with, and where appropriate, will engage in Aboriginal consultation and consider Aboriginal interests. 24. GOVERNING LAW This Agreement is governed by the laws applicable in the Province of New Brunswick. 25. SUCCESSORS AND ASSIGNS This Agreement is binding upon the Parties and their respective successors and assigns. Page 15 of 28 021 SIGNATURES REGIONAL DEVELOPMENT CORPORATION SOCItT9 DE 139VELOPPEMENT REGIONAL Original signed by: Y Cade Libby President Date City of Saint John I/We hereby confirm that I/we have the authority to bind the CITY OF SAINT JOHN Original signed by: Mayor Jonathan Taylor Common Clerk Date Date Page 16 of 28 0y SCHEDULE A — PROJECT DESCRIPTION RECIPIENT: City of Saint John PROJECT NUMBER:14171 PROJECT TITLE: Fire Station Upgrades PROJECT DESCRIPTION The project consists of the replacement of the existing roofs at fire stations #5 (35 Adelaide Street) & #7 (7 Manchester Avenue West). At both locations the roofs are over 30 years old and have surpassed their expected life expectancy. In addition, the roofs have shown signs of water leaks. City Staff have had their roofing contractor inspect both roofs and the full replacement was recommended at both fire stations. ELIGIBLE PROJECT EXPENDITURES: The Canada — New Brunswick Integrated Bilateral Agreement for the Investing in Canada Infrastructure Program shall contribute a financial incentive of 80% of the aforementioned eligible project expenditures of $250,000 being an amount not exceeding $200,000. Subject to this Agreement, the Recipient shall be responsible for contributing at least 20% of the Eligible Expenditures of the project implemented under this Agreement. Expenditure overruns will not be considered as Eligible Expenditures and will be the responsibility of the Recipient. No contribution shall be made under the Canada — New Brunswick Integrated Bilateral Agreement for the Investing in Canada Infrastructure Program with respect to any expenditure incurred other than the eligible project expenditures. FINANCING OF PROJECT: Funding Source Fiscal Year 2021-2022 Funding PercentaE Canada New Brunswick_ Recipient Total $200,000 80% $0 $50,000 $250,000 - - 0 % 20 % 100% New Brunswick will reimburse 80% (80% Canada and 0% New Brunswick) of eligible costs on each claim submitted for reimbursement up to the total approved contributions. FEDERAL ENVIRONMENTAL AND/OR IMPACT ASSESSMENT REQUIREMENTS: No. FEDERAL INDIGINOUS CONSULTATION/NOTIFICATION REQUIREMENTS: No. Page 17 of 28 019] ADDITIONAL CONDITION: a) The Recipient will demonstrate to New Brunswick's satisfaction that all funding to complete the Project has been secured, prior to New Brunswick paying eligible costs. b) Unless otherwise agreed to by New Brunswick, the Recipient agrees to retain title and ownership of an Asset for the Asset Disposal Period. c) For your project to be eligible for funding, construction must start before September 30th, 2023 and must be substantially complete by December 31St, 2023. Costs incurred after December 3112023 will not be eligible for reimbursement. The Proiect may not proceed with construction until Canada and New Brunswick can confirm that the obligations for environmental assessment, Aboriginal consultation and every additional condition have been met. FORCASTED CONSTRUCTION START DATE (YYYY/MM/DD): 2021/04/20 FORCASTED CONSTRUCTION END DATE (YYYY/MM/DD): 2021/12/31 PROJECT CATEGORY OUTCOMES/BENEFITS that will need to be quantified: Category: Retrofits, Repairs and Upgrades Sub -Assets: Fire Stations Page IS of 28 SCHEDULE B — ELIGIBLE AND INELIGIBLE EXPENDITURES ELIGIBLE EXPENDITURES Eligible Expenditures will include the following: a) All costs considered by New Brunswick and Canada to be direct and necessary for the successful implementation of an eligible Project, excluding those explicitly identified in the Ineligible Expenditures section below, and which may include capital costs, design and planning, and costs related to meeting specific program requirements, including completing climate lens assessments and creating community employment benefit plans; and b) The incremental costs of employees of a Recipient may be included as Eligible Expenditures for a Project under the following conditions: - The Recipient is able to demonstrate that it is not economically feasible to tender a Contract; and - The arrangement is approved in advance and in writing by New Brunswick and Canada. INELIGIBLE EXPENDITURES Ineligible expenditures will include the following: a) Costs incurred before April 16t', 2021 and any and all expenditures related to contracts signed prior to Project approval, except for expenditures associated with completing climate lens assessments; b) Costs incurred after December 311, 2023 c) Costs incurred for cancelled Projects; d) Costs of relocating entire communities; e) Land acquisition; f) Leasing and, buildings and other facilities; leasing equipment other than equipment directly related to the construction of the Project; real estate fees and related costs; g) Any overhead costs, including salaries and other employment benefits of any employees of the Recipient, any direct or indirect operating or administrative costs of Recipients, and more specifically any costs related to planning, engineering, architecture, supervision, management and other activities normally carried out by the Recipient's staff, except in accordance with Section b) of Eligible Expenditures; Page 19 of 28 OR h) Financing charges, legal fees, and loan interest payments, including those related to easements (e.g. surveys); i) Any goods and services costs which are received through donations or in kind; j) Provincial sales tax, goods and services tax, or harmonized sales tax for which the Recipient is eligible for a rebate, and any other costs eligible for rebates; k) Costs associated with operating expenses and regularly scheduled maintenance work; 1) Costs related to furnishing and non -fixed assets which are not essential for the operation of the Asset/Project; and m) All capital costs, including site preparation and construction costs, until New Brunswick and Canada has confirmed that environmental assessment and Aboriginal consultation obligations as required under Section 8 (Environmental Assessment and Licensing) and 9 (Aboriginal Consultation) have been met and continue to be met. Page 20 of 28 SCHEDULE C—COMMUNICATIONS PROTOCOL 1. Purpose a) This communications protocol outlines the roles and responsibilities of each of the Parties to this Agreement, as well as those of Canada, with respect to communication activities related to the Project. b) This communications protocol will guide the planning, development and implementation of all Communications Activities to ensure clear, consistent and coordinated communications to the Canadian public. c) The provisions of this communications protocol apply to all Communications Activities related to the Agreement and any Projects funded under the Agreement. Such Communications Activities may include, but are not limited to, public or media events, news releases, reports, wen and social media products or postings, blogs, project signs, digital signs, publications, success stories and vignettes, photo compilations, videos, advertising campaigns, awareness campaigns, editorials, and multi -media products. 2. Guiding Principles a) The Parties recognize the importance of managing the delivery of coherent Communications Activities based on the principle of transparent and open discussion and collaboration. b) Communications Activities undertaken in accordance with this communications protocol should ensure that Canadians are informed of infrastructure investments made to help improve their quality of life and that they receive consistent information about funded Projects and their benefits. c) The Communications Activities undertaken jointly by Canada, New Brunswick and the Recipient shall recognize the funding of all Parties to the Project. 3. Governance a) The Oversight Committee shall be responsible for monitoring the implementation of this communications protocol. b) New Brunswick is responsible for communication the requirements and responsibilities outlined in this communications protocol to the Recipient and for ensuring their compliance. c) New Brunswick shall communicate to the Recipient any deficiencies and/or corrective actions identified by Canada or by the Oversight Committee. 4. Joint Communications a) Canada, New Brunswick and the Recipient will have Joint Communications about the funding of the Project. Page 21 of 28 AA b) Joint Communications under the Agreement should not occur without the prior knowledge and agreement of all Parties, where applicable. c) All Joint Communications material will be approved by Canada and New Brunswick prior to release, and will recognize the funding of all Parties. d) Each of the Parties may request Joint Communications to communicate to Canadians about the progress or completion of the Project. The requestor will provide at least 15 business days' notice to the other Parties. If the communications activity is an event, it will take place at a mutually agreed date and location. e) The requestor of the Joint Communications will provide an equal opportunity for the other Parties to participate and choose their own designated representative (in the case of an event). f) New Brunswick or the Recipient will be responsible for providing onsite communications and logistics support. Any related costs are eligible for cost -sharing in accordance with the formula outlined in the funding agreement. g) Canada and New Brunswick have an obligation to communicate in English and French. Joint Communications products must be bilingual and include the Canada and New Brunswick wordmark and other Parties' logos. Canada and New Brunswick will provide the translation and final approval on products. h) The conduct of all Joint Communications will follow the Table of Precedence for Canada. S. Individual Communications a) Notwithstanding Section 4 of this communications protocol (Joint Communications), Canada and New Brunswick retain the right to meet its obligations to communicate information to Canadians about the Agreement and the use of funds through their own Communications Activities. b) Canada, New Brunswick and the Recipient may each include general program messaging and examples of projects funded through the Agreement in their own Communications Activities. The authoring Party will not unreasonably restrict the use of such products or messaging by the other Parties, and if web or social media based, from linking to it. c) Canada, New Brunswick or the Recipient may issue digital communications to communicate progress of the Project. d) Where a web site or web page is created to promote or communicate progress on a funded Project, it must recognize federal and provincial funding through the use of a digital sign orthrough the use of the Canada wordmark and the following wordings, "This project is funded in part by the Government of Canada". The Canada wordmark or digital sign must link to Infrastructure Canada's website, at www.infrastructure.ga.ca. Canaria will provide and publish guidelines for how this recognition is to appear. The Recipient will also recognize the funding of New Brunswick in a similar manner. e) The Recipient will be required to send a minimum of one photograph to each of the Parties of the construction in progress, or of the completed project, for use in social media and other digital individual Communications Activities. Sending the photos will constitute permission to use and transfer of copyright. Photographs are to be sent to Page 22 of 28 INFC.Photos@canada.ca along with project name and location. 6. Operational Communications a) The Recipient is solely responsible for operational communications with respect to Projects, including but not limited to: calls for tender, or construction and public safety notices. Operational communications as described above are not subject to the federal official language policy. b) Canada does not need to be informed on operational communications. However, such products should include, where appropriate, the following statement, "This project is funded in part by the Government of Canada". As appropriate, operational communications will also recognize the funding of New Brunswick is a similar manner. 7. Media Relations a) Canada and New Brunswick will share information promptly with the other Party should significant media inquiries be received or emerging media or stakeholder issues arise to a Project or the overall fund. 8. Signage a) Canada, New Brunswick or the Recipient may request a sign recognizing their funding contribution to the Project. b) Where a physical sign is to be installed, unless otherwise agreed upon by Canada, it will be the Recipient that will produce and install a joint physical sign that recognizes funding of each Party at each Project site in accordance with current federal signage guidelines. c) The joint sign design, content and installation guidelines will be provided by Canada. d) The recognition of funding contributions of each Party and the Recipient will be of equal prominence and visibility. e) Digital signage may also be used in addition or in place of a physical sign in cases where a physical sign would not be appropriate due to project type, scope, location or duration. f) Where the Recipient decides to install a permanent plaque or other suitable marker with respect to a Project, it must recognize the federal and provincial contributions and be approved by Canada and New Brunswick. g) The Recipient agrees to inform New Brunswick of sign installations through the Project progress reports referenced in Section 11(Reporting) of this Agreement. h) Where a physical sign is being installed, signage should be installed at each Project site one (1) month prior to the start of construction, be visible for the duration of that Project, and remain in place until one (1) month after construction is completed and the infrastructure is fully operational or opened for public use. i) Signage should be installed in a prominent and visible location that takes into consideration pedestrian and traffic safety and visibility. Page 23 of 28 061 9. Advertising Campaigns aj Recognizing that advertising can be an effective means of communicating with the public, Canada and New Brunswick may, at their own cost, organize an advertising or public information campaign related to the Agreement or eligible Project. However, such a campaign will respect the provisions of this Agreement. In the event of such a campaign, the sponsoring Party or Recipient will inform the other parties or of its intention no less than twenty-one (21) working days prior to the campaign launch. Page 24 of 28 W9191 SCHEDULE D - DETAILED CLAIM FORM _ _ Regional Development Corporation Claim No Brunswick P.O. Box 6000, Fraderkton, New Brunswick E36 5N1 Final Claim: List all eligible project costs with invoices and cheque numbers on this form. Include a copy of each invoice and proof of payment. Failure to record and support each cost will cause a delay in processing. Project Number: 14171 Project Name: City of Saint John -Infrastructure Description of costs Name of Supplier Cheque No. Cheque Amount Invoice Total HST Total Eligible & supported costs (total -HST refund) % of HST refunded by Canada Revenue Anencv 71.43% - municipality 11 22 33% - university 11 50% - non-profit organization ❑ 100% - other ❑ 0% - none The undersigned hereby certifies that: a. the invoices above represent eligible project costs that have been paid in full and the work completed; and b. no other public financial assistance has been received or is to be received for the part of the project against which this reimbursement is claimed Signature Print Name Date Title Company Telephone Eligible & supported costs II Less: previous advance Add: current advance CITYSJ Vendor 122320-14-14-14-14 I� — 122520-1444 Payment request For office use only Claim Reviewer Project Officer Payment Authority account Page 25 of 28 Date Date Claim Auditor `O SCHEDULE E - PROGRESS REPORT Digital version to be sent at a later date Page 26 of 28 `[oya SCHEDULE (F.1) DECLARATION OF SUBSTANTIAL COMPLETION Pursuant to the Agreement entered into between the Province, represented by the Minister responsible for the Regional Development Corporation, and City of Saint John, I , a licensed professional or an acceptable equivalent approved by the Province including the President or legal head of the Ultimate Recipient, do solemnly declare as follows: 1. That I am the knowledge of the matters set forth in this affidavit; (title, organization), and as such have 2. That the work identified as Project #14171 as described in Schedule A in the above- mentioned Agreement has been substantially completed on the day of 20. 3. That the work: a. Was carried out by of (start date) and b. Was supervised and inspected by qualified staff; (the prime contractor). Between the dates (completion date); c. Conforms with the plans, specifications and other documentation for the work; and d. Conforms with applicable environmental legislation_ and appropriate mitigation measures have been implemented. Declared at (City), in the Province of New Brunswick this day of (date). Signature Page 27 of 28 liNQ SCHEDULE (F.2) - PROJECT COMPLETION REPORT Digital version to be sent at a later date Page 28 of 28 W91,11 i • • y 0 RL 0 0 A qq @ c. 0 a. 3 . N 0) a 4 5; CCD ro LA �• `yam �y N b R `d y q A S• „b D , cr y A � �• � 0 A C C •^: • 0+ 1. Sr * — § A / can cr rr to �•Er o•A N ,'3 ff• ,7 �" � N i O `Wei 0 P. y ,y a 4g 49 .O as 46..0s =I • = u m q p. �J! y cr 40. p �ro In �yyy I ^ E �•+ PC pp '� 06* owl INC �.PIN 261 f fA Ji 'o 5�r 0 N o �i•o � ° d IN FAO y z° o o�¢Q w A `[9Z-1 Biunswick C A N A D A May 31, 2021 Her Worship Donna E. Reardon Mayor of Saint John P.O. Box 1971 15 Market Square Saint John, NB E2L 4 L 1 SUBJECT: Project No.: 14173 Project Name: Waste Water Treatment Facilities — Roof Upgrades Dear Ms. Mayor: I am pleased to inform you that under the Canada — New Brunswick Integrated Bilateral Agreement for the Investing in Canada Infrastructure Program, your project entitled "Waste Water Treatment Facilities — Roof Upgrades" has been approved. Funds allocated to the project are from Infrastructure Canada (INFC) and the Regional Development Corporation (RDC). You will receive a financial contribution of 80% ($522,934) of the eligible expenditures for this project, 80% ($522,934) INFC and 0% ($0) RDC. The maximum eligible expenditure, including your 20% ($130,733) portion, is $653,667. The funds allocated to your project are subject to terms and conditions outlined in the agreement and schedules of the enclosed Integrated Bilateral Agreement Contribution Agreement. Any claim for reimbursement of the contribution must be supported by copies of invoices and proof of payment of those invoices. All payments will be done by electronic funds transfer. Please complete the attached direct deposit service form. Please be advised that as per the agreement, all communication activities related to the aforementioned project are to be undertaken jointly with the Federal and Provincial Governments. I would appreciate if you could confirm your acceptance of the conditions by signing the enclosed agreement and returning it and the direct deposit service form to RDC at IBA-EBI@gnb.ca. Please feel free to contact Sarah Robichaud, Project Executive, at 506-453-5644 or s_arah.robichaud g b.ca if you have any questions or concerns. I look forward to the successful completion of this project. Sincerely, ��, /-&I,/ Cade Libby President Enclosure: Integrated Bilateral Agreement Contribution Agreement Direct Deposit Service Form Cc. Hon, Arlene Dunn, Minister of Economic Development and Small Business, Opportunities New Brunswick, Immigration, and Aboriginal Affairs Jennifer Brennan. Regional Development Corporation Regional Development Corporationl5oc*6 de d6veloppement r6gional P 0 BOxlC.P 6000 Fredericton New BrunswcklNouveau-Brunswick E313 5H1 Canada www.gnb.ca Canada. B1"' s� WICK INTEGRATED BILATERAL AGREEMENT CONTRIBUTION AGREEMENT This Agreement is made as of the date of last signature. BETWEEN: HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF NEW BRUNSWICK, as represented by the Minister of Regional Development Corporation ("New Brunswick") AND: CITY OF SAINT JOHN in the Province of New BRUNSWICK ("Recipient") Individually referred to as a "Party" and collectively referred to as the "Parties". WHEREAS CANADA AND NEW BRUNSWICK entered into a funding agreement, the Canada — New Brunswick Integrated Bilateral Agreement for the Investing in Canada Infrastructure Program, effective March 18, 2018, to establish the terms and conditions whereby Canada will provide funding to New Brunswick for Projects; AND WHEREAS Canada agrees to deliver up to a maximum of $673,217,568 to New Brunswick in four key areas: public transit; green infrastructure; community, culture and recreation infrastructure; and rural and northern communities infrastructure; AND WHEREAS New Brunswick agreesto enter into Agreements with Recipients forfunding, namely the present Integrated Bilateral Agreement Contribution Agreement (Agreement); AND WHEREAS this Agreement is made pursuant to the Canada - New Brunswick Integrated Bilateral Agreement for the Investing in Canada Infrastructure Program and therefore all relevant provisions of that Funding Agreement shall apply; NOW THEREFORE, in accordance with the mutual covenants and agreements herein, the Parties agree as follows: 1. PURPOSE The purpose of this Agreement is to establish the terms and conditions whereby New Brunswick will provide funding to the Recipient for the Project described in Schedule A. Page 1 of 28 ii[a1:] 2, ANNEXES AND SCHEDULES The following schedules are attached to, and form part of this Agreement: Schedule A — Project Description Schedule B — Eligible and Ineligible Expenditures Schedule C — Communications Protocol Schedule D — Detailed Claim Form Schedule E — Progress Report Form (Document to follow) Schedule F —Completion Documents (Documents to follow) FA Declaration of Substantial Completion - F.2 Project Completion Form 3. INTERPRETATION 3.1 DEFINITIONS In addition to the terms and conditions defined in the recitals and elsewhere in this Agreement, a capitalized term has the meaning given to it in this section. "Agreement" means this Integrated Bilateral Agreement Contribution Agreement and all schedules, as may be amended from time to time. "Agreement End Date" means the date at which the final payment is made to the Recipient which will, in any case, be no later than March 31St, 2024. "Asset" means any real or personal property or immovable or movable asset, acquired, purchased, constructed, rehabilitated or improved, in whole or in part, with contribution funding provided by New Brunswick under the terms and conditions of this Agreement. "Asset Disposal Period" means the period ending five (5) years after a Project is Substantially Completed. "Canada" means the Government of Canada, as represented by the President of the Queen's Privy Council for Canada, Minister of Infrastructure, Communities and Intergovernmental Affairs. "Communications Activity" or "Communications Activities" means, but is not limited to, public or media events or ceremonies including key milestone events, news releases, reports, web and social media products or postings, blogs, news conferences. Public notices, physical and digital signs, publications, success stories and vignettes, photos, videos, multi -media content, advertising campaigns, awareness campaigns, editorials, multi -media products and all related communication materials under this Agreement. "Contract" means an agreement between the Recipient and a Third Party whereby the latter agrees to supply a product or service to a Project in return for financial consideration. Page 2 of 28 li[sle.] "Effective Date" means the date of last signature of this Agreement. "Eligible Expenditures" means those costs incurred and paid that are eligible for reimbursement by New Brunswick, with funds from New Brunswick and Canada, as set out in Schedule B that have been approved as part of a Project approval. "Fiscal Year" means the period beginning April I't of a calendar year and ending on March 3V of the following calendar year. "IBA Funding Agreement" means the Integrated Bilateral Agreement for the Investing in Canada Infrastructure Program, which sets out the roles and responsibilities of Canada and New Brunswick for the delivery of the program, including attached Schedules. "Incurred" means an event or transaction has taken place for which an obligation to pay exists, even if an invoice has not been received, such that the underlying evidence indicates there is little or no discretion to avoid the obligation. The value of the obligation is to be calculated in accordance with recognized Canadian accounting standards. "Joint Communications" means events, news releases, and signage that relate to this Agreement and are collaboratively developed and approved by Canada, New Brunswick and, where applicable, the Ultimate Recipient, and are not operational in nature. "Oversight Committee" means the committee established under the IBA Funding Agreement consisting of representatives from Canada and New Brunswick. "Person" means, without limitation, a person, New Brunswick, an Ultimate Recipient, a Third Party, a corporation, or any other legal entity, and their officers, servants, employees or agents. "Project" or "Projects" means the project approved by New Brunswick and Canada under the IBA Funding Agreement as described in Schedule A. "Substantial Completion" or "Substantially Completed" means, when referring to a Project, that the Project can be used for the purpose for which it was intended. 3.2 ENTIRE AGREEMENT This Agreement comprises the entire agreement between the Parties. No prior document, negotiation, provision, undertaking or agreement in relation to the subject of the Agreement has legal effect, unless incorporated by reference into this Agreement. No representation or warranty express, implied or otherwise, is made by New Brunswick to the Recipient except as expressly set out in this Agreement. 3.3 DURATION OF AGREEMENT This Agreement will be effective as of the Effective Date and will terminate on the Agreement End Date. Page 3 of 28 iisK 4. OBLIGATIONS OF THE PARTIES 4.1 COMMITMENTS BY NEW BRUNSWICK a) New Brunswick agrees to provide funding from Canada and New Brunswick to the Recipient in accordance with Schedule A. b) Subject to paragraph 4.2 c) the Parties agree that New Brunswick's role is limited to providing funding to Projects and that New Brunswick and Canada will have no involvement in the implementation of any Project or its operation. New Brunswick and Canada are neither a decision -maker nor an administrator of the Project. 4.2 COMMITMENTS BY THE RECIPIENT a) The Recipient agrees to complete the Project, claim only for Eligible Expenditures in a diligent and timely manner, and is responsible for any unapproved expenditures and cost overruns. b) The Recipient will be responsible for the costs of producing and installing federal and provincial program signs. Signage costs are an Eligible Expenditure. c) If the Project is not completed or is cancelled, the Recipient agrees to return any previous payments to New Brunswick within thirty (30) days of written notification to that effect. d) The Recipient shall allow any authorized representative of New Brunswick or Canada reasonable access to the project site to assess the Project's progress, to review all records and accounts maintained and to carry out the evaluation process required for the implementation of the IBA Funding Agreement. The Recipient shall provide all records and accounts as requested by New Brunswick. e) The Recipient agrees to bear all operating expenditures of the Project. f) Construction must begin by September 30th, 2023 g) Project must be substantially completed by December 31st, 2023, or by December 311% 2024 if located in a remote community (Remote community defined as being located 25km outside either Fredericton, Moncton, or Saint John with a population of 5,000 or less) Page 4 of 28 111 4.3 APPROPRIATIONS Notwithstanding New Brunswick'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 Legislature of New Brunswick or the Parliament of Canada has not passed an appropriation that is sufficient and constitutes lawful authority for making the payment. New Brunswick and Canada may reduce or terminate any payment under this Agreement in response to the reduction of appropriations or departmental funding levels in respect of transfer payments, the program under which this Agreement was made or otherwise, as evidenced by any appropriation act of the provincial or federal Crown's main or supplementary estimates expenditures. New Brunswick and Canada 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 or termination of funding. S. FISCAL YEAR BUDGETING a) The amount of contribution funding payable by New Brunswick and Canada each Fiscal Year is set out in Schedule A. b) If the actual amount payable by New Brunswick and Canada in respect of any Fiscal Year is less than the estimated maximum amounts in Schedule A, the Recipient may request that New Brunswick and Canada re -allocate the difference between the two amounts to a subsequent Fiscal Year. Subject to Section 4 (Appropriations), New Brunswick and Canada agrees to make reasonable efforts to accommodate the Recipient's request. The Recipient acknowledges that requests for re -allocation of New Brunswick and Canada's contribution funding to a Project will require appropriation adjustments or provincial and federal Crown approvals. c) In the event that any requested re -allocation of New Brunswick and Canada's contribution funding to a Project is not approved, the amount of New Brunswick and Canada's contribution payable in accordance with Schedule A may be reduced by the amount of the requested re -allocation. If the contribution payable by New Brunswick and Canada in accordance with Schedule A is so reduced, the Parties agree to review the effects of such reduction on the overall implementation of the Project and to adjust the terms and conditions of this Agreement as appropriate. 6. PROJECT IMPLEMENTATION 6.1 The Recipient shall not change the Project scope, timing or location without the prior written approval of New Brunswick. The Recipient will promptly inform New Brunswick should the project be cancelled. Page 5 of 28 MN 6.2 Progress reports (as set out in Schedule E) for all approved projects under the Covid-19 Resilient Infrastructure Stream (CVRIS) will need to be submitted to INFC, at a minimum, on a biannual basis (May 151h and November 15th). 6.3 The Recipient will be responsible for arranging the engineering design, calling of public tenders, and awarding of the contract to the successful bidder, and overall management of the contract. The Recipient will award and manage all contracts in accordance with their relevant policies and procedures and, if applicable, in accordance with the Agreement on Internal Trade and applicable international and interprovincial trade agreements, and all other applicable laws, including the Procurement Act, SNB 2012, c.20. If New Brunswick determines that a Contract is awarded in a manner that is not in compliance with the foregoing, upon notification to the Recipient, New Brunswick may consider the expenditures associated with the Contract to be ineligible. 6.4 The Recipient agrees to ensure that the Project work shall be carried out in accordance with all federal, provincial, or municipal (local government) rules, regulations and laws governing such work and in accordance with the best general practices then current at the time of construction of the project. In addition, the Project must also: Meet or exceed any applicable energy efficiency standards for buildings outlined in the Pan -Canadian Framework on Clean Growth and Climate Change. Meet or exceed the requirement of the highest published accessibility standard in a jurisdiction, in addition to applicable provincial building codes and relevant municipal by-laws. 6.5 The Recipient consents to the participation of New Brunswick or its representative at all public tender openings if requested by New Brunswick. 6.6 New Brunswick reserves the right to request additional information for review and approval purposes, including assessment of risks, or to make a determination as per Sections 8 (Environmental Assessment and Licensing) and 9 (Aboriginal Consultation). 6.7 Repair, restoration or replacement of property that was required to be removed, altered, damaged or destroyed in the course of carrying out the Project will be performed to Bring the property to its pre-existing condition, meaning the same condition that the property was in at the time of the removal, alteration, damage, or destruction. Except as may be required by law, the work and materials required to bring the property to its pre-existing condition shall not exceed the quality or quantity as originally existed. Eligible Expenditures will not include any expenditures for enhancements or improvements. 7. ASSETS 7.1 DISPOSAL OF ASSETS a) Unless otherwise agreed to by New Brunswick, the Recipient agrees to retain title and Page 6 of 28 ownership of an Asset for the Asset Disposal Period. b) If at anytime within the Asset Disposal Period, the Recipient sells, leases, or otherwise disposes of, directly or indirectly, any Asset purchased, acquired, constructed, rehabilitated or renovated, in whole or in part, under this Agreement, other than to Canada, New Brunswick, a Local Government, or with New Brunswick's written consent, the Recipient may be required to reimburse New Brunswick any funds received from New Brunswick and Canada for the Project and will notify New Brunswick in writing within ninety (90) business days of the transaction. 7.2 REVENUE FROM ASSETS The Recipient acknowledges that New Brunswick and Canada's contributions to a Project is meant to accrue to the public benefit. The Recipient will notify New Brunswick in writing within ninety (90) business days of the end of a Fiscal Year if any Asset owned by a for -profit Recipient is used in such a way that, in the Fiscal Year, revenues are generated from it that exceed its operating expenses. New Brunswick and Canada may require the Recipient to immediately pay to New Brunswick and Canada a portion of the excess in the same portion as the total cost of the Asset. This obligation will only apply during the Asset Disposal Period. 7.3 REPAYABLE CONTRIBUTIONS Any funding provided to a Recipient that is a private sector body intended to allow the business to generate profits or to increase the value of the business, will be repayable to New Brunswick and Canada. 8. ENVIRONMENTAL ASSESSMENT AND LICENSING 8.1 The Project may be subject to, among others, New Brunswick Regulation 87-83 Environmental Impact Assessment Regulation — Clean Environment Act. That Regulation contains a list of undertakings found in Schedule A of the Regulation, which are required to be registered and screened to determine whether a full Environmental Impact Assessment is warranted. If the project requires registration, a determination on the project must be obtained from the Minister of Environment and Local Government prior to any site work on the Project beginning. 8.2 The Project may also be subject to, among others, Canadian Environmental Assessment Act (2012). This Act contains a list of physical activities found in Regulations Designating Physical Activities of the Act, which are required to be a designated project for an environmental assessment. If the Project is a designated project under the Canadian Environmental Assessment Act (2012), a decision statement must be obtained prior to any site work on the Project beginning. Page 7 of 28 ME111 8.3 If the Project requires registration under New Brunswick Regulation 87-83 Environmental Impact Assessment Regulation -- Clean Environment Act and/or is deemed to be a designated project under the Canadian Environmental Assessment Act (2012), no site preparation, vegetation removal or construction will occur for a Project and no funds will be advanced to a recipient for expenditures related to construction work until New Brunswick and Canada are satisfied that all requirements under this act, other applicable federal environmental assessment legislation that is or may come into force during the term of this Agreement, and other applicable agreements between Canada and Aboriginal groups are met and continue to be met. 8.4 The Recipient will obtain all necessary licenses, permits, and approvals required for the Project by applicable legislation, regulations and by-laws be they Federal, Provincial or Municipal. 9. ABORIGINAL CONSULTATION 9.1 Funding for the Project is conditional upon New Brunswick and Canada being satisfied that obligations with respect to the legal duty to consult, and if applicable, requirement to accommodate Aboriginal groups are met. 9.2 No site preparation, vegetation removal or construction will occur for a Project and New Brunswick and Canada has no obligation to pay any Eligible Expenditures that are capital costs, as determined by New Brunswick and Canada, until New Brunswick and Canada are satisfied that any legal duty to consult, and where appropriate, to accommodate Aboriginal groups or other federal consultation requirement has been met and continues to be met. If required, New Brunswick and Canada must be satisfied that for each Project: a) Aboriginal groups have been notified and, if applicable, consulted; b) If applicable, a summary of consultation or engagement activities has been provided, including a list of Aboriginal groups consulted, concerns raised, and how each of the concerns have been addressed, or if not addressed, an explanation as to why not; c) Accommodation measures, where appropriate, are being carried out by the Recipient and these costs may be considered Eligible Expenditures; and d) Any other information has been provided that New Brunswick and Canada may deem appropriate. 9.3 The Recipient will comply with all obligations (i) under Applicable Law; (ii) as required by regulatory bodies having jurisdiction over the subject matter of the project; and (iii) under Page 8 of 28 MN common law, to engage in Aboriginal consultation and consider Aboriginal interests. 10. CLAIMS AND PAYMENT 10.1 Each claim for reimbursement of Eligible Expenditures shall be submitted on forms herein provided in Schedule D. Claims will include copies of invoices along with all supporting documents, proof of payment of each invoice submitted for reimbursement, and such other documents as may be requested by New Brunswick. 10.2 When any other federal or provincial assistance is given or is to be given in respect of the Project which was not taken into consideration in the original application, the contribution hereunder may be reduced by a corresponding amount. 10.3 New Brunswick reserves the right to withhold any or all reimbursements of Eligible Expenditures until completion documents provided in Schedule F are completed and returned to New Brunswick by the Recipient. 10.4 New Brunswick will not pay interest for failing to make a payment under this Agreement. 10.5 New Brunswick will not pay capital costs for a Project until the requirements under Section 8 (Environmental Assessment and Licensing) and Section 9 (Aboriginal Consultation), if applicable, are, in New Brunswick's opinion, satisfied to the extent possible at the date the claim is submitted to New Brunswick. 10.6 No claim for reimbursement shall be paid by New Brunswick unless it is received on or before January 3111 of the year following the Fiscal Year in which the Eligible Expenditure is incurred and, in all circumstances, no later than March 311, 2024. 11. REPORTING The Recipient will provide to New Brunswick at minimum on a biannual basis a Project progress report in a format acceptable to New Brunswick and in accordance with Schedule E (Progress Report Form); and will submit, in a format acceptable to New Brunswick, a final project report in accordance with Schedule F (Completion Documents). 12. RETENTION OF CONTRIBUTION There will be no retention of contribution for this project. 13. AUDITS The Recipient agrees to allow New Brunswick reasonable and timely access to all its Page 9 of 28 ii§1.1 documentation, records and accounts and those of their respective agents or third Parties related to the Project, and all other relevant information and documentation requested by New Brunswick, or their designated representatives, for the purposes of audit, evaluation, and ensuring compliance with this Agreement. 14. RECORD KEEPING The Recipient will keep proper and accurate financial accounts and records, including but not limited to its contracts, invoices, statements, receipts, and vouchers in respect of the Project, for at least seven (7) years after the IBA Funding Agreement End Date and will provide New Brunswick and their designated representatives with reasonable and timely access to documentation for the purposes of audit, evaluation, and ensuring compliance with this Agreement. 15. DISPUTE RESOLUTION a) The Parties will keep each other informed of any issue that could be contentious. b) If a contentious issue arises, the Oversight Committee will examine it and will, in good faith, attempt to resolve the contentious issue as soon as possible, and, in any event, within thirty (30) business days from the receipt of notice of such contentious issue. Where the Oversight Committee cannot agree on a resolution, the matter will be referred to the Parties for resolution. The Parties will provide a decision within ninety (90) business days from the date of referral to the Parties. c) Where the Parties cannot agree on a resolution, the Parties may explore any alternative dispute resolution mechanisms available to them to resolve the contentious issue. d) Any payments related to any contentious issue raised by either Party may be suspended by New Brunswick together with the obligations related to such issue, pending resolution. e) The Parties agree that nothing in this section will affect, alter or modify the rights of New Brunswick to terminate this Agreement. 16. DEFAULT 16.1 EVENTS OF DEFAULT The following event constitutes the "Event of Default" under this Agreement: a) The Recipient has not complied with one ore more of the terms and conditions of this Agreement. Page 10 of 28 lifirA 16.2 DECLARATION OF DEFAULT New Brunswick may declare default if: a) The Event of Default occurs; b) New Brunswick gives notice to the Recipient of the event, which in New Brunswick's opinion constitutes an Event of Default; and c) The Recipient has failed, within thirty (30) business days of receipt of the notice, either to remedy the Event of Default or to notify and demonstrate to the satisfaction of New Brunswick that it has taken such steps as are necessary to remedy the Event of Default. 16.3 REMEDIES ON DEFAULT In the event that New Brunswick declares default, New Brunswick may exercise one or more of the following remedies, without limiting any remedy available to it by law: a) Suspend or terminate any obligation by New Brunswick to contribute or to continue to contribute funding to the Project, including any obligation to pay an amount owing prior to the date of such suspension or termination; b) Require the Recipient to reimburse New Brunswick all or part of the contribution paid by New Brunswick to the Recipient; or c) Terminate this Agreement. 17. LIMITATION OF LIABILITY In no event will New Brunswick or Canada, its officers, servants, employees or agents be held liable for any damages in contract, tort (including negligence) or otherwise, for: a) any injury to any Person, including, but not limited to, death, economic loss or infringement of rights; b) any damage to or loss or destruction of property of any Person; or c) any obligation of any Person, including, but not limited to, any obligation arising from a loan, capital lease or other long-term obligation in relation to this Agreement or the Project. Page 11 of 28 18. INDEMNIFICATION The Recipient will at all times indemnify and save harmless New Brunswick and Canada, its officers, servants, employees, or agents, from and against all actions, claims, demands, losses, costs, damages, suits or other proceedings, whether in contract, tort (including negligence) or otherwise, by whomsoever brought or prosecuted in any manner based upon or occasioned by: a) any injury to any Person, including, but not limited to, death, economic loss or any infringement of rights; b) any damage to or loss or destruction of property of any Person; or c) any obligation of any Person, including, but not limited to, any obligation arising from a loan, capital lease or other long-term obligation in relation to this Agreement or the Project, except to the extent to which such actions, by claims, demands, losses, costs, damages, suits or other proceedings are caused by the negligence or breach of this Agreement by an officer, servant, employee or agent of New Brunswick or Canada in the performance or his or her duties. 19. COMMUNICATIONS 19.1 No public announcement of an activity related to the Project shall be made by the Recipient without the prior written consent of New Brunswick. 19.2 The Parties shall comply with the communications guideline set out in Schedule C referred to as the Communications Protocol. 20. GENERAL 20.1 SURVIVAL Any provision in this Agreement which imposes an obligation after the termination or expiration of this Agreement, shall survive the termination or expiration of this Agreement. 20.2 NO AGENCY, PARTNERSHIP, JOINT VENTURE, ETC. a) No provision of this Agreement and no action by the Parties will establish or be deemed to establish a partnership, joint venture, principal -agent relationship or employer -employee relationship in any way or for any purpose whatsoever between New Brunswick and the Recipient or between New Brunswick and any third party. Page 12 of 28 `fi�7 bj The Recipient will not represent itself, including in any agreement with a third party, as a partner, employee or agent of New Brunswick. 20.3 ACCOUNTING PRINCIPLES All accounting terms will have the meanings assigned to them, all calculations will be made and all financial data to be submitted will be prepared, in accordance with the public sector accounting standards in effect in Canada. 20.4 COUNTERPART SIGNATURE This Agreement may be signed in counterpart, and the signed copies will, when attached, constitute an original Agreement. 20.5 SEVERABILITY If for any reason a provision of this Agreement that is not a fundamental term of this Agreement between the Parties is found to be or becomes invalid or unenforceable, in whole or in part, and if both Parties agree, it will be deemed to be severable and will be deleted from this Agreement, but all the other terms and conditions of this Agreement will continue to be valid and enforceable. 20.6 AMENDMENTS This Agreement may be amended from time to time on written agreement of the Parties. 20.7 WAIVER A Party may waive any of its rights under this Agreement only in writing. Any tolerance or indulgence demonstrated by the Party will not constitute a waiver. 20.8 FORCE MAJEURE If any of the obligations within this Agreement is prevented, restricted or interfered with by reason of earthquake, fire, flood or other casualty or due to strikes, riot, storms, explosions, acts of God, war, terrorism, or a similar occurrence or condition beyond the reasonable control of the Parties, the Party so affected shall, upon giving prompt notice to the other Parties, be excused from such performance during such prevention, restriction or interference, and any failure or delay resulting therefrom shall not be considered a breach of this Agreement. Page 13 of 28 iiWel 21. OTHER 21.1 New Brunswick and the Recipient acknowledge that the financial contribution by Canada under this Agreement and, in consideration of that contribution and notwithstanding that Canada is not a signatory to this Agreement, the Parties agree that the terms of this Agreement applicable to or with respect to Canada, are for her sole benefit. 21.2 Nothing in this Agreement is to be construed as authorizing one Party to contract for or to incur any obligation on behalf of the other or to act as an agent for the other. Nothing I n this Agreement is to be construed as authorizing the Recipient or any third Party to contract for or to incur any obligation on behalf of either Party or to act as an agent for either Party. 21.3 If there is a conflict between this Agreement and the IBA Funding Agreement, the provisions of the IBA Funding Agreement will apply. 21.4 The Recipient will ensure that no current or former public servant or public office holder to whom any post -employment, ethics and conflict of interest legislation, guidelines, codes or policies of Canada or New Brunswick applies will derive direct benefit from the Project's funding, unless the provision or receipt of such benefits is in compliance with such legislation, guidelines, policies or codes. 21.5 This Agreement is subject to the provincial Right to Information and Protection of Privacy Act as well as the federal Access to Information Act and the Privacy Act. 21.6 In the event of a breach of any of the terms and conditions of this Agreement by the Recipient, no further contributions shall be made by New Brunswick and all previous payments shall be returned to New Brunswick within thirty (30) days of written notification to that effect. 22. NOTICE Any notice provided under this Agreement may be delivered in person, sent by email, facsimile or mail, addressed to: For New Brunswick: Regional Development Corporation P.O. Box 6000 Fredericton, NB E313 51-11 Phone: 506-453-2277 Fax: 506-453-7988 Email: IBA-EBI nb.ca Page 14 of 28 121 or such other address, email or facsimile number, or addressed to such other person as New Brunswick may, from time to time, designated in writing to the Recipient; and City of Saint John P.O. Box 1971 15 Market Square Saint John, NB E21- 41-1 Phone: (506) 648-3713 Email: cityclerk@saintjohn.ca Or such other address, email or facsimile number, or addressed to such other person as the Recipient may, from time to time, designate in writing to New Brunswick. Such notice will be deemed to have been received, if sent by mail or email, when receipt is acknowledged by the other Party; by facsimile, when transmitted and receipt is confirmed; and in person, when delivered. 23. COMPLIANCE WITH LAWS The Recipient will comply with all applicable laws, regulations, all requirements of regulatory bodies having jurisdiction over the subject matter of the Project and any common law obligations to consult with, and where appropriate, will engage in Aboriginal consultation and consider Aboriginal interests. 24. GOVERNING LAW This Agreement is governed by the laws applicable in the Province of New Brunswick. 25. SUCCESSORS AND ASSIGNS This Agreement is binding upon the Parties and their respective successors and assigns. Page 15 of 28 liPA SIGNATURES REGIONAL DEVELOPMENT CORPORATION Soatri: DE DNELOPPEMENT REGIONAL Original signed by: Cade Libby President Date City of Saint John I/We hereby confirm that I/we have the authority to bind the CITY OF SAINT JOHN Original signed by: Mayor Jonathan Taylor Common Clerk Date Date Page 16 of 28 `P491 SCHEDULE A — PROJECT DESCRIPTION RECIPIENT: City of Saint John PROJECT NUMBER:14173 PROJECT TITLE: Waste Water Treatment Facilities - Roof Upgrades PROJECT DESCRIPTION Saint John Water has three waste water treatment plants (Millidgeville, Lancaster, and Eastern WWTPs) throughout the City, which are critical components of Saint John Water's infrastructure. In addition, the Spruce Lake Pumping Station provides potable water to the residents located on the West Side of the City. The project consists of the replacement of the existing roofing at eight buildings at the above noted sites. These roofs are at or beyond the end of their expected service life and require replacement to prevent further damage to the building interiors and process equipment. ELIGIBLE PROJECT EXPENDITURES: The Canada — New Brunswick Integrated Bilateral Agreement for the Investing in Canada Infrastructure Program shall contribute a financial incentive of 80% of the aforementioned eligible project expenditures of $653,667 being an amount not exceeding $522,934. Subject to this Agreement, the Recipient shall be responsible for contributing at least 20% of the Eligible Expenditures of the project implemented under this Agreement. Expenditure overruns will not be considered as Eligible Expenditures and will be the responsibility of the Recipient. No contribution shall be made under the Canada — New Brunswick Integrated Bilateral Agreement for the Investing in Canada Infrastructure Program with respect to any expenditure incurred other than the eligible project expenditures. FINANCING OF PROJECT: Fiscal Year Fiscal Year Totals Funding 2021-2022 2022-2023 Percentage Funding Source Canada $94,128 $428,806 $522,934 80% New Brunswick $0 $0 $0 0 % Recipient $23,532 $107,201 $130,733 20 % $653,667 1�+ Total $117,660 $536,007 New Brunswick will reimburse 80% (80% Canada and 0% New Brunswick) of eligible costs on each claim submitted for reimbursement up to the total approved contributions. FEDERAL ENVIRONMENTAL AND/OR IMPACT ASSESSMENT REQUIREMENTS: No. FEDERAL INDIGINOUS CONSULTATION/NOTIFICATION REQUIREMENTS: No. Page 17 of 28 iifpzl ADDITIONAL CONDITION: a) The Recipient will demonstrate to New Brunswick's satisfaction that all funding to complete the Project has been secured, prior to New Brunswick paying eligible costs. b) Unless otherwise agreed to by New Brunswick, the Recipient agrees to retain title and ownership of an Asset for the Asset Disposal Period. c) For your project to be eligible for funding, construction must start before September 30t", 2023 and must be substantially complete by December 311, 2023. Costs incurred after December 315t, 2023 will not be eligible for reimbursement. The Project may not proceed with construction until Canada and New Brunswick can confirm that the obligations for environmental assessment, Aboriginal consultation and every additional_ condition have been met. FORCASTED CONSTRUCTION START DATE (YYYY/MM/DD): 2021/04/20 FORCASTED CONSTRUCTION END DATE (YYYY/MM/DD): 20Z2/12/31 PROJECT CATEGORY OUTCOMES/BENEFITS that will need to be quantified: Category: Retrofits, Repairs and Upgrades Sub -Asset: Public Works Buildings Page 18 of 28 liP49 SCHEDULE B — ELIGIBLE AND INELIGIBLE EXPENDITURES ELIGIBLE EXPENDITURES Eligible Expenditures will include the following: a) All costs considered by New Brunswick and Canada to be direct and necessary for the successful implementation of an eligible Project, excluding those explicitly identified in the Ineligible Expenditures section below, and which may include capital costs, design and planning, and costs related to meeting specific program requirements, including completing climate lens assessments and creating community employment benefit plans; and b) The incremental costs of employees of a Recipient may be included as Eligible Expenditures for a Project under the following conditions: - The Recipient is able to demonstrate that it is not economically feasible to tender a Contract; and - The arrangement is approved in advance and in writing by New Brunswick and Canada. INELIGIBLE EXPENDITURES Ineligible expenditures will include the following: a) Costs incurred before April 161, 2021 and any and all expenditures related to contracts signed prior to Project approval, except for expenditures associated with completing climate lens assessments; b) Costs incurred after December 3111, 2023 c) Costs incurred for cancelled Projects; d) Costs of relocating entire communities; e) Land acquisition; f) Leasing and, buildings and other facilities; leasing equipment other than equipment directly related to the construction of the Project; real estate fees and related costs; g) Any overhead costs, including salaries and other employment benefits of any employees of the Recipient, any direct or indirect operating or administrative costs of Recipients, and more specifically any costs related to planning, engineering, architecture, supervision, management and other activities normally carried out by the Recipient's staff, except in accordance with Section b) of Eligible Expenditures; Page 19 of 28 iiW-1 h) Financing charges, legal fees, and loan interest payments, including those related to easements (e.g. surveys); i) Any goods and services costs which are received through donations or in kind; j) Provincial sales tax, goods and services tax, or harmonized sales tax for which the Recipient is eligible for a rebate, and any other costs eligible for rebates; k) Costs associated with operating expenses and regularly scheduled maintenance work; 1) Costs related to furnishing and non -fixed assets which are not essential for the operation of the Asset/Project; and m) All capital costs, including site preparation and construction costs, until New Brunswick and Canada has confirmed that environmental assessment and Aboriginal consultation obligations as required under Section 8 (Environmental Assessment and Licensing) and 9 (Aboriginal Consultation) have been met and continue to be met. Page 20 of 28 WIN SCHEDULE C—COMMUNICATIONS PROTOCOL 1. Purpose a) This communications protocol outlines the roles and responsibilities of each of the Parties to this Agreement, as well as those of Canada, with respect to communication activities related to the Project. b) This communications protocol will guide the planning, development and implementation of all Communications Activities to ensure clear, consistent and coordinated communications to the Canadian public. c) The provisions of this communications protocol apply to all Communications Activities related to the Agreement and any Projects funded under the Agreement. Such Communications Activities may include, but are not limited to, public or media events, news releases, reports, wen and social media products or postings, blogs, project signs, digital signs, publications, success stories and vignettes, photo compilations, videos, advertising campaigns, awareness campaigns, editorials, and multi -media products. 2. Guiding Principles a) The Parties recognize the importance of managing the delivery of coherent Communications Activities based on the principle of transparent and open discussion and collaboration. b) Communications Activities undertaken in accordance with this communications protocol should ensure that Canadians are informed of infrastructure investments made to help improve their quality of life and that they receive consistent information about funded Projects and their benefits. c) The Communications Activities undertaken jointly by Canada, New Brunswick and the Recipient shall recognize the funding of all Parties to the Project. 3. Governance a) The Oversight Committee shall be responsible for monitoring the implementation of this communications protocol. b) New Brunswick is responsible for communication the requirements and responsibilities outlined in this communications protocol to the Recipient and for ensuring their compliance. c) New Brunswick shall communicate to the Recipient any deficiencies and/or corrective actions identified by Canada or by the Oversight Committee. 4. Joint Communications a) Canada, New Brunswick and the Recipient will have Joint Communications about the funding of the Project. Page 21 of 28 W-13 b) Joint Communications under the Agreement should not occur without the prior knowledge and agreement of all Parties, where applicable. c) All Joint Communications material will be approved by Canada and New Brunswick prior to release, and will recognize the funding of all Parties. d) Each of the Parties may request Joint Communications to communicate to Canadians about the progress or completion of the Project. The requestor will provide at least 15 business days' notice to the other Parties. If the communications activity is an event, it will take place at a mutually agreed date and location. e) The requestor of the Joint Communications will provide an equal opportunity for the other Parties to participate and choose their own designated representative (in the case of an event). f) New Brunswick or the Recipient will be responsible for providing onsite communications and logistics support. Any related costs are eligible for cost -sharing in accordance with the formula outlined in the funding agreement. g) Canada and New Brunswick have an obligation to communicate in English and French. Joint Communications products must be bilingual and include the Canada and New Brunswick wordmark and other Parties' logos. Canada and New Brunswick will provide the translation and final approval on products. h) The conduct of all Joint Communications will follow the Table of Precedence far Canada. S. Individual Communications a) Notwithstanding Section 4 of this communications protocol (Joint Communications), Canada and New Brunswick retain the right to meet its obligations to communicate information to Canadians about the Agreement and the use of funds through their own Communications Activities. b) Canada, New Brunswick and the Recipient may each include general program messaging and examples of projects funded through the Agreement in their own Communications Activities. The authoring Party will not unreasonably restrict the use of such products or messaging by the other Parties, and if web or social media based, from linking to it. c) Canada, New Brunswick or the Recipient may issue digital communications to communicate progress of the Project. d) Where a web site or web page is created to promote or communicate progress on a funded Project, it must recognize federal and provincial funding through the use of a digital sign orthrough the use of the Canada wordmark and the following wordings, "This project is funded in part by the Government of Canada". The Canada wordmark or digital sign must link to Infrastructure Canada's website, at www.infrastructure.ga.ca. Canada will provide and publish guidelines for how this recognition is to appear. The Recipient will also recognize the funding of New Brunswick in a similar manner. e) The Recipient will be required to send a minimum of one photograph to each of the Parties of the construction in progress, or of the completed project, for use in social media and other digital individual Communications Activities. Sending the photos will constitute permission to use and transfer of copyright. Photographs are to be sent to Page 22 of 28 liP40.1 INFC.photos@canada.ca along with project name and location. 6. Operational Communications a) The Recipient is solely responsible for operational communications with respect to Projects, including but not limited to: calls for tender, or construction and public safety notices. Operational communications as described above are not subject to the federal official language policy. b) Canada does not need to be informed on operational communications. However, such products should include, where appropriate, the following statement, "This project is funded in part by the Government of Canada". As appropriate, operational communications will also recognize the funding of New Brunswick is a similar manner. 7. Media Relations a) Canada and New Brunswick will share information promptly with the other Party should significant media inquiries be received or emerging media or stakeholder issues arise to a Projector the overall fund. 8. Signage a) Canada, New Brunswick or the Recipient may request a sign recognizing their funding contribution to the Project. b) Where a physical sign is to be installed, unless otherwise agreed upon by Canada, it will be the Recipient that will produce and install a joint physical sign that recognizes funding of each Party at each Project site in accordance with current federal signage guidelines. c) The joint sign design, content and installation guidelines will be provided by Canada. d) The recognition of funding contributions of each Party and the Recipient will be of equal prominence and visibility. e) Digital signage may also be used in addition or in place of a physical sign in cases where a physical sign would not be appropriate due to project type, scope, location or duration. f) Where the Recipient decides to install a permanent plaque or other suitable marker with respect to a Project, it must recognize the federal and provincial contributions and be approved by Canada and New Brunswick. g) The Recipient agrees to inform New Brunswick of sign installations through the Project progress reports referenced in Section 11(Reporting) of this Agreement. h) Where a physical sign is being installed, signage should be installed at each Project site one (1) month prior to the start of construction, be visible for the duration of that Project, and remain in place until one (1) month after construction is completed and the infrastructure is fully operational or opened for public use. i) Signage should be installed in a prominent and visible location that takes into consideration pedestrian and traffic safety and visibility. Page 23 of 28 ii[till 9. Advertising Campaigns a) Recognizing that advertising can be an effective means of communicating with the public, Canada and New Brunswick may, at their own cost, organize an advertising or public information campaign related to the Agreement or eligible Project. However, such a campaign will respect the provisions of this Agreement. In the event of such a campaign, the sponsoring Party or Recipient will inform the other Parties or of its intention no less than twenty-one (21) working days prior to the campaign launch. Page 24 of 28 131 SCHEDULE D - DETAILED CLAIM FORM _ Regional Development Corporation Claim No: � Bru SW a P.O. Box 6000, Fredericton. Now Brunswick E3B 5ti1 IBA - COVIDI9 (federal) Final Claim:l I List all eligible project costs with invoices and cheque numbers on this form. Include a copy of each invoice and proof of J payment. Failure to record and support each cost will cause a delay in processing. Project Number: 14173 Project Name: City of Saint John -Infrastructure Description of costs Name of Supplier Cheque No. Cheque Amount Invoice Total HST Total Eligible & supported costs {total -HST refund} % of HST refunded by Canada Revenue Aaencv 71 A3% - municipality ❑ 22.33% - university ❑ 50% - non-profit organization ❑ 100% - other � 0% - none The undersigned hereby certifies that: a. the invoices above represent eligible project costs that have been paid in full and the work completed; and b. no other public financial assistance has been received or is to be received for the part of the project against which this reimbursement is claimed. Signature Print Name Date Title Company Telephone Eligible & supported costs II Less: previous advance Add: current advance CITYSJ Vendor For office use only Claim Reviewer I� 12232044-14-14 I Project Officer I� 122320.7444 Payment Authority 9195 Date Date Payment request account Claim Auditor Page 25 of 28 119% SCHEDULE E - PROGRESS REPORT Digital version to be sent at a later date Page 26 of 28 `Edc3 SCHEDULE (F.1) DECLARATION OF SUBSTANTIAL COMPLETION Pursuant to the Agreement entered into between the Province, represented by the Minister responsible for the Regional Development Corporation, and City of Saint John, I , a licensed professional or an acceptable equivalent approved by the Province including the President or legal head of the Ultimate Recipient, do solemnly declare as follows: 1. That I am the knowledge of the matters set forth in this affidavit; (title, organization), and as such have 2. That the work identified as Project #14173 as described in Schedule A in the above- mentioned Agreement has been substantially completed on the __ ,._day of 20_. 3. That the work: a. Was carried out by (the prime contractor). Between the dates Of (start date) and (completion date); b. Was supervised and inspected by qualified staff; c. Conforms with the plans, specifications and other documentation for the work; and d. Conforms with applicable environmental legislation, and appropriate mitigation measures have been implemented. Declared at (City), in the Province of New Brunswick this day of (date). Signature Page 27 of 28 R011l SCHEDULE (F.2) - PROJECT COMPLETION REPORT Digital version to be sent at a later date Page 28 of 28 `K191 • • • t7laa- t-W rL . t F. I. S. N 1 0 N — W o Ao a� tR4 CL n w �Qa�z QCo z� c arc w �! o a .H�aaa -a ta co CD � 9 b d co I° m poz d � H r• Sri R� A 4 `••' 'fl � n i � N N h o, d Jd ea 0 � a "C bT o PC •s 'E g� .Cd .cd •v v 4 N A 0 O � uin 6 O 'd O cr Q,� o � H Q 5r d '' VJ 96 40- Aw ��. �� v.b� a3b PS O 0 0 r r� A ^ �Z o .a or-d •E b C 0.1 0 .10 >�ae T o � u a .00 O � b a aNi Er o zo�o4QQ t A 9 A U `KYA BNew��PNouveau runswick C A N A D A September 1, 2021 Her Worship Donna Reardon Mayor of Saint John P.O. Box 1971 15 Market Square Saint John, New Brunswick E2L 41_1 SUBJECT: Integrated Bilateral Agreement (IBA) Amendment— City of Saint John Madam Mayor: Regional Development Corporation (RDC) has recently signed an amendment to the Integrated Bilateral Agreement (IBA) that impacts your project(s) funded under the COVID-19 Resilient Infrastructure Stream. Details of the applicable conditions that have been amended are provided below. These changes apply only to projects listed in the attached appendix. COVID-19 Resilient Infrastructure Stream (CVRIS): Project deadlines: • The deadline for construction start has been extended from September 30, 2021 to September 30, 2023; and • The deadline for substantial project completion has been extended from December 31, 2021 to December 31, 2023. For projects in rural communities (defined by Infrastructure Canada as having a population of 5,000 or less and being located 50 kms outside of Fredericton, Moncton or Saint John), the deadline for substantial project completion has been extended to December 31, 2024. Project reporting: • The standard reporting frequency has been reduced from quarterly to semi-annually (May and November). Regional Development Corporation/Societe de developpement regional P.O. Box/C.P. 6000 Fredericton New Brunswick/Nouveau-Brunswick E38 5H1 Canada www.gnb.ca m Except as set forth above, the agreement with RDC is unchanged and shall continue in full force and effect in accordance with its term(s). Should you have questions about your agreement or project, please contact Sarah Robichaud, Project Executive, at (506) 453-5644 or sarah.robichaudO-Qnb.ca. Sincerely, Cade Libby President Enc. Project List c. c.: Jennifer Brennan, Regional Development Corporation City of Saint John — Project List Lead # Project Title 14172 City Market Pedway 14171 Fire Station Upgrades 14170 Municipal Operations Complex 14166 Municipal Operations Complex — HVAC Replacement 14167 St. Patrick Street Pedway 14173 Wastewater Treatment Facilities — Roof Upgrades 13347 Fundy Quay — Harbour Passage Phase 1 COMMON COUNCIL REPORT M&C No. 2021-279 Report Date October 12, 2021 Meeting Date October 18, 2021 Service Area Growth and Community Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT: Cleanup of Unsightly Property at 82 Victoria Street AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Christopher McKiel Jacqueline Hamilton / Amy Poffenroth John Collin RECOMMENDATION Your City Manager recommends that Common Council direct one or more of the Officers appointed and designated by Council for the enforcement of the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law, to arrange for the cleanup of the unsightly property at 82 Victoria Street, PID# 00376467. EXECUTIVE SUMMARY The Community Standards Program focuses on issues that directly impact the aesthetics, enjoyment and pride of a neighbourhood, including unsightly premises. As part of this Program, it is sometimes necessary to issue Notices to Comply in cases where owners do not voluntarily remedy the conditions on their property. The unsightly conditions outlined in the attached Notice has not been remedied within the required time frame. Pursuant to the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law, staff is looking for authorization from Council to arrange for the cleanup of the property. PREVIOUS RESOLUTION N/A REPORT The Community Standards Program was established as a pilot in 2017 to address non -life safety compliance issues and was established as a permanent program in 2020 as a result the Program's success. Under the authority of the relevant -2- Provincial Acts and City by-laws, the Program focuses on issues that directly impact the aesthetics, enjoyment, and pride of neighborhoods, including unsightly premises, garbage issues, and zoning infractions which negatively impact property value and quality of life of citizens. The Cleanup Process The Community Standards Officer works closely with property owners to achieve voluntary compliance wherever possible. When voluntary compliance cannot be achieved, it is sometimes necessary to issue a formal Notice to Comply. The Notice to Comply sets out a deadline for the owner to clean up their property. If the property is not cleaned up within the required timeframe, Common Council can authorize staff to clean up the property and send the owner an invoice for the costs incurred. At the end of the year, if the invoice remains unpaid, staff is able to send the amount owing to the province and be reimbursed for the costs incurred. The outstanding amount would then be placed onto the property taxes for the subject property. Property Requiring Further Enforcement Action 82 Victoria Street The conditions at 82 Victoria Street were first reported to staff in April 2020. The property at 82 Victoria Street contains a number of unsightly conditions as outlined in the attached inspection report. On July 13, 2021 a Notice to Comply was issued for the unsightly conditions after it was determined that voluntary compliance would not be a likely outcome. A copy of the Notice to Comply, an aerial photo and site photos have been attached to this report. STRATEGIC ALIGNMENT This report aligns with Council's Vibrant, Safe City priority. SERVICEAND FINANCIAL OUTCOMES As is written in the Local Governance Act that a municipality must commence in the proceedings of remedial action, approval of Common Council is required prior to starting cleanup and demolition activities at the subject property. Where possible, staff will use internal resources for the cleanup of unsightly property and the cost will be billed to the property owner. If the use of internal resources is not possible, staff will seek competitive bidding in accordance with the City's purchasing policy and the cost of the work will be billed to the property owners. If the bill is left unpaid, it will be submitted to the Province with a request for reimbursement. -3- INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS General Counsel has provided ownership verification by obtaining the Certificate of Registered ownership for the subject property. ATTACHMENTS Notice to Comply and Inspection Report Aerial Photo Photos FORM 4 NOTICE TO COMPLY — DANGEROUS OR UNSIGHLTY PREMISES (Local Governance Act, S.N.B., 2017, e.18, s 132(2)) Parcel identifier: PID # 00376467 Address: 82 Victoria Street, Saint John, New Brunswick Owner(s) or Occupier(s): Name: Danial Robert Gable Address: 82-Victoria Street, Saint John, New Brunswick, E2K 1L4 FORMULE 4 AVIS DE CONFORMITE — LIEUX DANGEREUX OU INESTHETIQUES (Lol sur la gouvernance locale, L.N.-B. 2017, ch. 18, par. 132(2)) Numiro d'identification de la parcelle : NID : 00376467 Adresse : 82 rue Victoria, Saint John, Nouveau -Brunswick Propriitaire(s) on occupant(s) : Nom : Danial Robert Gable Adresse: 82 Victoria Street, Saint John, Nouveau -Brunswick, E2K 1L4 Local government giving notice: The City of Saint Gouvernement local signiflant Pavis : The City of John. Saint John. By-law contravened: Saint John Unsightly Premises and Dangerous Buildings and Structures By -Law, By-law Number M-30 and amendments thereto (the "By-law"). Arreti enfreint : Arrete relatif aux lieux inesthetiques et aux bdtiments et constructions dangereux de Saint John, Arrete num&ro M-30, ainsi que ses modifications ci-aff&rentes (1'(< Arr6t6 »). Provision(s) contravened: Subsection 6(1) of the By- Disposition(s) enfreinte(s) : Le paragraphe 6(l) de law. I'Arr6t6. Conditions(s) that exist: The premise is unsightly by permitting junk, rubbish or refuse to remain on the premise. The conditions of the premises are not in compliance with the standards provided for pursuant to the By-law. The conditions of the premise are described in Schedule "A", a true copy of the inspection report dated July 13, 2021 signed by Mark O'Leary, by-law enforcement officer and Christopher McKiel, P. Eng., by- law enforcement officer. What must be done to correct the condition: The owner is to remedy the conditions by complying with the required remedial actions of the aforementioned inspection report and bring the building and premises into compliance with the aforesaid By-law. Date before which the condition must be corrected:] Within 15 days of being served with the Notice to Comply. Description de la (des) situation(s) : Les lieux sent inesthetiques en permettant la presence de ferraille, de detritus ou de d6chets. Les conditions des lieux ne sont pas en conformit6 selon les standards pr6vus dans I'Arr6te. Les conditions des lieux sont d&crites a ]'annexe « A >>, une copie conforme du rapport d'inspection en date du 13 juillet, 2021 sign par Mark O'Leary, une agente charge de 1'ex&cution des arret&s du gouvernement local et Christopher McKiel, Ing., une agente charge de 1'execution des arr6t6s du gouvernement local. Ce qu'il y a lieu de faire pour y remidier: La propri6taire doit restaurer les conditions en se conformant aux recommandations du rapport d'inspection susmentionn6 et d'amener le bitiment et les lieux en conformit&s aver I'Arr6te. Dilai imparti pour y remidier : ' Dans les 15 jours qui suivent la signification de Pavis de conformit&. Date for giving notice of appeal: Within 14 days of Date limite pour donner ]'avis d'appel: Dans les 14 being served with the Notice to Comply. jours qui suivent la notification de 1'avis de conformit6. Process to appeal: The owner may within 14 days after having been served with this Notice to Comply, send a Notice of Appeal by registered mail to the City Clerk of The City of Saint John, City Hall — 211 Floor, 15 Market Square, Saint John, New Brunswick, E2L 4LL Potential penalty for not complying with notice within time set out in notice:'- Subsection l 1(1) of the By-law states that a person who fails to comply with the terms of a Notice to Comply given under section 7 of the said By- law, commits an offence that is punishable under Part 2 Processus d'appel : La propri6taire peut dans les 14 jours qui suivent la notification de 1'avis de conformit6, envoy& un avis d'appel par courrier recommandd a le greffier de la ville, a The City of Saint John, Edifice de I'h6tel de ville, 2e 6tage, 15 Market Square, Saint John, Nouveau -Brunswick, E21, 4L I. Peine possible en cas d'omission de se conformer aux exigences de Pavis dans le dilai y imparti : 2 Le paragraphe 1l(1) de I'Arr6te pr6voit quiconque omet de se conformer aux exigences formul6es dans un avis de conformit6 notifii aux termes de I'article 7 de ladite 144 of the Provincial Offences Procedure Act as a category F Arr6te, commet une infraction qui est punissable en offence. vertu de la partie 2 de la Loi sur la procedure applicable aux infractions provinciales a titre d'infraction de la classe F. Where an offence under subsection 11(1) continues for more than one day, the minimum fine that may be imposed is the minimum fine set by the Provincial Offences Procedure Act for a category F offence multiplied by the number of days during which the offence continues pursuant to subparagraph l 1(3)(b)(i). Local government's authority to undertake repairs or remedy:' Paragraph 12(1)(a) of the By-law states that if an owner or occupier does not comply with a Notice to Comply given under section 7 within the time set out in the said Notice, the City may, cause the premises of that owner or occupier to be cleaned up or repaired. Further, subsection 12(3) of the By-law states that the cost of carrying out such work, including any associated charge or fee, is chargeable to the owner or occupier and becomes a debt due to the City. Dated at Saint John the 13dLo of July 2021. Local government: Thej1ity of Saint Signature of the Contact inf0n�tion of the government; Name: Mark O'Leary Mailing address: Growth and Community Services The City of Saint John 15 Market Square City Hall Building, 1st Floor P. 0. Box 1971 Saint John, New Brunswick E2L 4L1 Telephone: (506) 658-2911 E-mail: mark.oleary@saintjohn.ca Fax: (506) 632-6199 Corporate se Lorsqu'une infraction prdvue au paragraphe I1(I) se poursuit pendant plus d'une journ6e, I'amende minimale qui peut titre imposee est I'amende minimale pr6vue par la Loi sur la procedure applicable aux infractions provinciales pour une infraction de la classe F multipliee par le nombre de jouss pendant lesquels l'infraction se poursuit conform6ment A I'alinea 11(3)(b)(i). Pouvoir du gouvernement local d'entreprendre des r6parations ou de rem6dier a la situation : ' Conform6ment aux alin6a 12(1)a) de I'Arrete, si tin avis de conformit6 a 6t6 signifi6 aux termes de I'article 7 de ladite Arrete et, que le proprietaire ou l'occupant ne se conforme pas a cet avis de conformit6 dans le delai imparti et tel qu'il est repute confirme ou tel qu'il est confirme ou modifi6 par un comit6 du conseil ou par un juge en vertu le paragraphe 12(3) de ladite Arret6, la municipalite peut faire nettoyer ou r6parer les lieux de ce propri6taire ou de cet occupant et les touts aff6rents A 1'execution des ouvrages, y compris toute redevance ou tout droit connexe, sont mis A la charge du propri6taire ou de l'occupant et deviennent une creance de la municipalite. Fait A Saint John le 13 juillet, 2021. Gouvernement locale: The City of Saint John. Signature du fonctionnaire du gouvernement local: of the local Coordonn6es du fonctionnaire du gouvernement local: Nom : Mark O'Leary Adresse postale : Croissance et le service communautaire The City of Saint John 15 Market Square Edifice de 1'h6tel de ville, 1 6tage Case postale 1971 Saint John (Nouveau -Brunswick) E2L 4L1 T616phone : (506) 658-2911 Adresse6lectronique: mark.olearyiasaintjohn.ca T616copieur : (506) 632-6199 Sceau du gouvernement local Notes: Notes: 1. All appropriate permits must be obtained and all relevant I. Tous les permis prescrits doivent titre obtenus et toute la legislation must be complied with in the course of carrying out the 16gislation pertinente doit titre respectee pendant Pex6cution des required remedial action. mesures de remediatton. 1452 2. Payment of the fine does not alleviate the obligation to comply 2. Le paiement de I'amende n'a pas pour effet d'annuler with the by-law, standard or notice. ('obligation de se conformer a I'arreld. a la norme ou a I'avis. 3. Costs become a debt due to the local government and may be 3. Les coitts deviennent une crdance du gouvemement local et added to the joint local government and provincial Real Property peuvent titre ajoutds a I'avis commun d'dvaluation el d'impot Assessment and Tax Notice. foncier des gouvemements local et provincial. 146 I 1iomby certify that ltt9 document is a tme copy of the original. INSPECTION REPORT DetedatSaint Schedule "A" tMS 4day c 82 Victoria Street Saint John, New Brunswick PID # 00376467 Inspection Date: June 30, 2021 Inspection Conducted by: Mark O'Leary The inspection of the above- mentioned property on June 30, 2021, has revealed that the said property is not in compliance with the Sedw John Unsightly Premises and Dangerous Buildings and Slruclures Big-Iavv, By-law Numbcr M-30, and amendments thereto (the "By-law"). Subsection 6(1) of the By-law states: No person shall permit premises owned or occupied by him or her to be unsightly by permitting to remain on any part of the premises. (a) any ashes, rubbish, or refuse, (b) an accumulation of wood shavings, paper, sawdust or other residue of production or construction, (c) a derelict vehicle, equipment or machinery or the body or any part of a vehicle, equipment, or machinery, or (d) a dilapidated building. At the property, the following items were noted: (a) any ashes, rubbish, or refuse, (b) an accumulation of wood shavings, paper, sawdust or other residue of production or construction, (c) a derelict vehicle, equipment or machinery or the body or any part of a vehicle, equipment, or machinery. General comments about the property There are several items on the property which are considered unsightly. There is a rubber mat, a folding table, black plastic garbage bags, plastic pails, children's clothing, scrap wood, a sofa, interior wooden doors, a wooden dresser, appliances, used tires, litter, broken wooden end tables, a television set, and scrap dimensional lumber. The property is in an unsightly condition and needs to be brought into compliance. Required remedies: All items listed must be removed and properly disposed of at an appropriate landfill site. Alternatively, should these items remain on the premise for storage, they must be stored in a garage or shed, sufficient in size to hold the items and provide full enclosure. The unsightly conditions at the premise must be remedied and the property brought into compliance with the B,y-law. Prepared by: / Z .-, 1 Mark O;Lefty By-law Enforcement Officer Growth and Community Services Reviewed by and concurred in by: Date 147 Christopher McKiel, P. Eng. Datc Technical Services Engineer Growth and Community Services 148 C6 U Q) i00 N ca:8IPA J a' a�C L`z• Q) —j / v 0 U N 00 Tili!-Viti COMMON COUNCIL REPORT M&C No. 2021-132 Report Date October 15, 2021 Meeting Date October 18, 2021 Service Area Growth and Community Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT: Proposed Public Hearing Dates — 576-578 Fundy Drive; 461 Millidge Avenue; 1429 Loch Lomond Road; 325 Main Street and 141 Hawthorne Avenue AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Jennifer Kirchner Jacqueline Hamilton I John Collin RECOMMENDATION RESOLVED That Common Council schedule the public hearings for the Zoning By- law rezoning application submitted by Hazen Investments Limited for 576-578 Fundy Drive (PID 00384909); the rezoning application submitted by John Fifield for 461 Millidge Ave (PID 00041517); and the rezoning application submitted by Michael Goldenberg and Paul Mangion for 1429 Loch Lomond Road (portion of PID 000132900); for Monday, November 29, 2021 at 6:30 p.m. at the Council Chamber, City Hall 2nd floor, 15 Market Square, Saint John, NB. RESOLVED That Common Council schedule the public hearings for the Zoning By- law rezoning application submitted by Claire Reeves-Talos for 325 Main Street (PID 00370528); and the rezoning application submitted by Kyle and Cristin Woods for 141 Hawthorne Ave (PIDs 00031450 and 55069553) for Monday, December 13, 2021 at 6:30 p.m. at the Council Chamber, City Hall 2nd floor, 15 Market Square, Saint John, NB. EXECUTIVE SUMMARY The purpose of this report is to advise Common Council of the Zoning By-law amendment and rezoning applications received and to recommend an appropriate public hearing date. The next available public hearing dates are Monday, November 29, 2021 and Monday, December 13, 2021. PREVIOUS RESOLUTION At its meeting of August 3, 2004, Common Council resolved that: 151 -2- 1. the Commissioner of Planning and Development receive all applications for amendments to the Zoning By-law and Section 39 [now referred as section 59] resolutions/agreements and proceed to prepare the required advertisements; and 2. when applications are received a report will be prepared recommending the appropriate resolution setting the time and place for public hearings and be referred to the Planning Advisory Committee as required by the Community Planning Act. REPORT In response to the motion above, this report indicates the applications received and recommends an appropriate public hearing date. Details of the applications are available in the Common Clerk's office and will form part ofthe documentation at the public hearing. The following applications have been received for the November 29, 2021 Public Hearing date: Name of Location Existing Proposed Zone Reason Applicant Zone Hazen 576-578 One -Unit Low -Rise To legalize an Investments Fundy Drive Residential (R1) Residential (RL) existing four - Limited (PID unit 00384909) residential building. Name of Location Existing Proposed Zone Reason Applicant Zone John Fifield 461 Millidge One -Unit Mid -Rise To permit a Avenue (PID Residential (R1) Residential (RM) multiple unit 00041517) dwelling. Name of Location Existing Proposed Zone Reason Applicant Zone Michael 1429 Loch Two Unit Mid -Rise To permit a Goldenberg Lomond Road Residential (R2) Residential (RM) residential and Paul (portion of development Mangion PID 00312900) comprised of multiple unit dwellings. The following applications have been received for the December 13, 2021 Public Hearing date: Name of Location Existing Proposed Zone Reason Applicant Zone Claire Reeves- 325 Main Mixed Urban Centre To legalize Talos Street (PID Commercial Residential (RC) two existing 00370528) (CM) ground floor `W -3- residential units. Name of Location Existing Proposed Zone Reason Applicant Zone Kyle and 141 Two -Unit Low -Rise To permit the Cristin Woods Hawthorne Residential (R2) Residential (RL) development Avenue (PID of a third 00031450 and residential 55069553) unit. STRATEGIC ALIGNMENT While the holding of public hearings for proposed Zoning By-law amendments and rezoning are a legislative requirement of the Community Planning Act, it is also a key component of a clear and consistent land development processes envisioned in the One Stop Development Shop Program. These processes provide transparency and predictability for the development community and City residents. On a broader note, the development approval process works towards fulfilling key Council priorities including: • ensuring Saint John has a competitive business environment for investment, • supporting business retention and attraction; and • driving development in accordance with PlanSJ which creates the density required for efficient infrastructure, services, and economic growth. SERVICEAND FINANCIAL OUTCOMES The scheduling of the public hearing and referral to the Planning Advisory Committee satisfies the legislative and service requirements as mandated by the Community Planning Act. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS N/A ATTACHMENTS 10rm fINv COMMON COUNCIL REPORT M&C No. 2021-285 Report Date October 13, 2021 Meeting Date October 18, 2021 Service Area Utilities and Infrastructure Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT. Street Naming AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Yves Leger J. Brent McGovern /Michael Baker John Collin RECOMMENDATION It is recommended that Common Council amend the list of Official Street Names and approve the following change: 1. Add the name "voie Aviation Way". EXECUTIVE SUMMARY There are several buildings located on Saint John Airport property, southeast of the airport terminal, without unique civic addresses. For staff to be able to assign unique civic addresses to each building and to reduce confusion for emergency service providers, staff has asked Saint John Airport representatives to suggest a unique street name for the private access leading to these buildings. The Saint John Airport representatives have suggested Aviation Way as a street name for this private access. This street name meets NB 9-1-1 guidelines and is therefore acceptable. PREVIOUS RESOLUTION None REPORT Because of the nature and configuration of the numerous buildings located on Saint John Airport property, staff has been in discussions with Saint John Airport representatives to have them suggest a unique street name for the private access leading to the buildings to the southeast of the airport terminal. The reason for this is to be able to assign unique civic addresses to each building in order meet NB 9-1-1 guidelines and to reduce confusion for emergency service providers. The `REI -2- process had been put on hold because of several planned reconfigurations to accesses and parking areas taking place on Saint john Airport property. In recent months, staff met with the airport CEO and Director of Engineering to seek a unique street name for the main access to the buildings to the southeast of the airport terminal. They suggested Aviation Way as a street name for this private access. This street name does not currently exist in Saint John, nor in neighbouring communities and therefore meets NB 9-1-1 guidelines for street names. STRATEGIC ALIGNMENT Ensuring street names meet NB 9-1-1 guidelines aligns directly with Council's "Vibrant, Safe City" priority. SERVICEAND FINANCIAL OUTCOMES The costs to the City of Saint John for this are approximately $265 associated with installing the new street name sign at the intersection with Loch Lomond Road. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Public Works and Transportation Services were consulted and will cover the costs from their operating budget. ATTACHMENTS Schedule A: Aviation Way O a-J ro P. Wo Council Report M&C No. 2021-284 Report Date October 7, 2021 Meeting Date October 18, 2021 Service Area Public Safety Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT: Proposed Revision to Gas Detection Equipment and Service Agreement AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Rob Nichol Kevin Clifford John Collin RECOMMENDATION: Resolved that the City enter into the revised iNet 72-month Agreement (Exchange Program) with Industrial Scientific Canada, ULC, for the hardware, service and repairs required for its gas detection program at an annual cost of $16,490.52 plus HST and that the Mayor and Common Clerk be authorized to execute the necessary contract documents. EXECUTIVE SUMMARY The Saint John Fire Department entered into a 72-month iNet agreement with Industrial Scientific Canada in May of 2020 after receiving approval from Common Council. The iNet-72-month Agreement (Exchange Program) with AutoReplenish Plus is a holistic gas monitoring program that supplies all required hardware, service, repairs and consumables for the term of the agreement. The initial agreement did not include a monitor for Station 6 as the current monitor was sufficient. The detector has since failed. Industrial Scientific Canada has agreed to add a Ventis MX4 multi -gas monitor to the iNet agreement for Station 6 at no additional cost for the balance of the agreement. A revised Schedule B, Equipment Schedule, must be signed by the City to reflect the additional monitor with no change in the annual cost. PREVIOUS RESOLUTION The 72-month iNet agreement between the City and Industrial Scientific Canada was approved with the resolution dated May4, 2020. REPORT Industrial Scientific Canada has offered to add an additional Ventis MX4 multi - gas monitor to the 72-month iNet agreement with no change to the monthly fee until the conclusion of the agreement. `PrA The addition of the monitor standardizes the gas detection equipment across all fire stations and ensures that all gas detection equipment readings are supported and tracked in a consistent fashion. In order to add the new location, (Station 6), Industrial Scientific Canada has requested that the City sign the revised Schedule B, Equipment Schedule, which reflects the change in the agreement. The revised Schedule B is not amending the City's monthly usage fee. The monthly fee will remain at CAD $1374.21 until the end of the agreement. STRATEGIC ALIGNMENT Asset Management — All SJFD gas monitoring equipment would fall under the 72-month iNet agreement creating consistency and ensuring uniform detection capabilities across all stations. Financial Health — Enhanced gas monitoring capabilities at no additional cost to the City for the duration of the agreement. Great Neighbourhoods — "Ensure that the delivery of efficient public safety services addresses the evolving needs of a growing community. " PIanSJ- Policy MS-56 — "Provide police, fire, and emergency management services to residents and businesses in the City, as required to meet community needs, with particular emphasis on the risks involved with managing large scale industrial emergencies." SERVICEAND FINANCIAL OUTCOMES The revised iNet 72-month Agreement (Exchange Program) with AutoReplenish Plus will ensure equipment is current, minimize downtime, increase reliability, and eliminate incremental costs. This will result in consistent annual financial projections and minimize fluctuations for the operating budget while securing the gas detection program for the long term. The proposed iNet 72 Month Agreement (Exchange Program) with AutoReplenish Plus maintains all gas monitors listed in Schedule B for the term of the agreement, supplies all replacement parts as necessary and covers all calibration gases and other consumables. This comprehensive package has a web -based background that automatically orders necessary parts and supplies without user intervention minimizing downtime and administration soft costs. The web -based monitoring reduces the number of detectors required as spare units are not required. In addition, all gas monitoring results are automatically captured and documented reducing liability exposure. `N'f:3 INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The General Counsel's Office has reviewed the new Schedule B to the Agreement with Industrial Scientific Canada as attached to M&C 2020-124. ATTACHMENTS: Revised Schedule B, Equipment Schedule `B10.1 INDUSTRIAL SCIENTIFIC Unit #170 167 Provincial Ave Sherwood Park, AB I T8H OM3, Canada Tel: +1 780-467-2423 1-877-467-4638 1 Fax: +1 780-467-2105 edmontonadmin@indsci.com I www.indsci.com September 2, 2021 Peter Ehler City of Saint John 53403 Ref. iNet Usage Agreement Case:20210830-3047746 Enclosed is a revised Schedule B, EQUIPMENT SCHEDULE, which reflects the following change of Equipment that you requested to your iNet Agreement New Location: Fire Station 6 iNet Equipment ® Part Number Description FII VTS-K1232111101 FVfis MX4 Multi -Gas Monitor, LEL (Pentane) , CO, H2S, 02, Lithium -ion Extended Range Battery, Desktop ger, Pump, High -Visibility Orange, UL/CSA, English 18109327-131 DSXi Cloud -Connected Docking Station for Venfis, 3 Inlet Ports, North American Power Cord 18109244 Regulator, Demand Flow iGas, 250 PSI Pressure Switch, CGA-C10 for 58L, 103L, 116L Cylinders 17124348 Wall/ Desk Mount Cylinder Holder (for use with, 34L, 58L, 103L, 116L and 552L cylinders) Calibration Gas —Replacement cylinders are included when enrolling in the AutoReplenish PlusTM Program. 18109157 Cylinder, Calibration Gas, 25 ppm Hydrogen Sulfide, 100 ppm Carbon Monoxide, .35% Pentane (25% LEL), 18% Oxygen, Aluminum, 116L Consumable Items — Initial Supply of items below only. Replacement consumable items must be purcbased by customer. �5 17058157 Pump Dust Filter and Water Stop Installation Type: Self Additional Monthly Cost (CAD) 0.00 By this letter we are not amending City of Saint John's monthly usage fee to include this change of Equipment. Your monthly fee will remain CAD 1,374.21* until the conclusion of this Agreement A monthly fee breakdown by location will be provided at the end of Schedule B. Thank you for the opportunity to be of continued service to City of Saint John. Industrial Scientific Canada U.L.C. Be: Associate Contract Administrator Agreed And Accepted: City of Saint John By: Title: Date: *Total monthly fee may not include pending amendments. OUR MISSION OUR human life on, above, and below the earth. ERY El OHSAS 18001 ISO 9001 ISO 14001 Delivering highest quality, best customer service-1(6©y transaction, every time. Certified Certified Certified INDUSTRIAL SCIENTIFIC Unit #170 167 Provincial Ave Sherwood Park, AB I T8H OM3, Canada Tel: +1 780-467-2423 1-877-467-4638 1 Fax: +1 780-467-2105 edmontonadmin@indsci.com I www.indsci.com SCHEDULE B EQUIPMENT SCHEDULE Revised: (September 2, 2021) TOTAL EQUIPMENT iNet Equipment ® Part Number Description ❑5 VTS-K1232111101 Ventis MX4 Multi -Gas Monitor, LEL (Pentane) , CO, H2S, 02, Lithium -ion Extended Range Battery, Desktop Charger, Pump, High -Visibility Orange, UL/CSA, English ❑1 VP5-KJB32110111 Ventis Pro Series, LEL (Pentane), CO/H2S, HCN, 02, Li -ion Ext Range, Desktop Charger, With Integral Pump, Black, UL/CSA, LENSTM Wireless, English ❑1 MX6-B567R211 MX6 iBrid Multi -Gas Monitor - HEN, S02, NH3, C12, PID, Lithium -ion Extended Runtime Battery, Aspirated (pump), English El 18109327-161 :::]FDSYiCloud-Cormected I Docking Station for Ventis, 6 Inlet Ports, North American Power I Cord �1 11 18109329-161 II DSXi Cloud -Connected Docking Station for MX6, 6 Inlet Ports, North American Power Cord 18109327-131 DSXi Cloud -Connected Docking Station for Ventis, 3 Inlet Ports, North American Power Cord 12 18109244 Regulator, Demand Flow iGas, 250 PSI Pressure Switch, CGA-C10 for 58L, 103L, 116L Cylinders 12 17124348 Wall/ Desk Mount Cylinder Holder (for use with, 34L, 58L, 103L, 116L and 552L cylinders) PRICING BREAKDOWN BY LOCATION Location iNet Monthly Usage Fee w/AutoReFlenish P1usTM Location 1: Station 1 161.64 Location 2: Station 2 161.64 Location 5: Station 5 270.29 Location 7: Station 7 161.64 Location 8: Station 8 161.64 Location: Hazmat 457.36 Location: Station 6 0.00 Total iNet Monthly Usage Fee (CAD) 1,374.21 OUR MISSION OUR human life on, above, and below the earth. ER10 El OHSAS 18001 ISO 9001 ISO 14001 Delivering highest quality, best customer service-164ry transaction, every time. Certified Certified Certified INDUSTRIAL SCIENTIFIC Unit #170 167 Provincial Ave Sherwood Park, AB I T8H OM3, Canada Tel: +1 780-467-2423 1-877-467-4638 1 Fax: +1 780-467-2105 edmontonadmin@indsci.com I www.indsci.com Location 1: Station 1 BREAKDOWN BY LOCATION iNet Equipment ® Part Number Description VTS-K1232111101 Ventis MX4 Multi -Gas Monitor, LEL (Pentane) , CO, H2S, 02, Lithium -ion Extended Range Battery, Desktop Charger, Pump, High -Visibility Orange, UL/CSA, English 18109327-161 DSXi Cloud -Connected Docking Station for Venfis, 6 Inlet Ports, North American Power Cord 18109244 Regulator, Demand Flow iGas, 250 PSI Pressure Switch, CGA-CIO for 58L, 103L, 116L Cylinders 17124348 Wall/ Desk Mount Cylinder Holder (for use with, 34L, 58L, 103L, 116L and 552L cylinders) Calibration Gas — Initial Supply of Calibration Gas Only. Replacement cylinders must be purchased by customer unless enrolling in the AutoReplenirb PIusTM Program wbich includes calibration gas for the term of the iNet Program. E] 18109157 =BY:xhYl der, Calibration Gas, 25 ppm Hydrogen Sulfide, 100 ppm Carbon Monoxide, .35% Pentane (25% LEL), 18% gen, Aluminum, 116L Consumable Items — Initial Supply of items below only. Replacement consumable items must be purchased by customer. �5 17058157 Pump Dust Filter and Water Stop Location 2: Station 2 iNet Equipment ® Part Number Description VTS-K1232111101 Ventis MX4 Multi -Gas Monitor, LEL (Pentane) , CO, H2S, 02, Lithium -ion Extended Range Battery, Desktop Charger, Pump, High -Visibility Orange, UL/CSA, English 18109327-161 DSXi Cloud -Connected Docking Station for Venfis, 6 Inlet Ports, North American Power Cord 18109244 Regulator, Demand Flow iGas, 250 PSI Pressure Switch, CGA-C10 for 58L, 103L, 116L Cylinders 17124348 Wall/ Desk Mount Cylinder Holder (for use with, 34L, 58L, 103L, 116L and 552L cylinders) Calibration Gas —Initial Supply of Calibration Gas Only. Replacement cylinders must be purchased by customer unless enrolling in the AutoReplenisb PlusT M Program n1bicb includes calibration gas for the term of the iNet Program. 18109157 Cylinder, Calibration Gas, 25 ppm Hydrogen Sulfide, 100 ppm Carbon Monoxide, .35% Pentane (25% LEL), 18% Oxygen, Aluminum, 116E Consumable Items — Initial Supply of items belong only. Replacement consumable items must be purchased by customer. =5 17058157 =1Pump Dust Filter and Water Stop Location 5: Station 5 iNet Equipment ® Part Number Description M VP5-KJB32111111 VenfiS Pro Series Multi -gas Monitor„ LEL (Pentane), CO/H2S, HCN, 02, Lithium -ion Extended Range battery, Desktop Charger, With Integral Pump, Orange, UL/CSA, LENSTM Wireless, English 18109327-161 DSXi Cloud -Connected Docking Station for Venfis, 6 Inlet Ports, North American Power Cord 18109244 Regulator, Demand Flow iGas, 250 PSI Pressure Switch, CGA-CIO for 58L, 103L, 116L Cylinders F2 17124348 Wall/ Desk Mount Cylinder Holder (for use with, 34L, 58L, 103L, 116L and 552L cylinders) Calibration Gas —Initial Supply of Calibration Gas Only. Replacement cylinders must be purchased by customer unless enrolling in the AutoReplenish PIusTM Program wbich includes calibration gas for the term of the iNet Program. 18109157 Cylinder, Calibration Gas, 25 ppm Hydrogen Sulfide, 100 ppm Carbon Monoxide, .35% Pentane (25% LEL), 18% Oxygen, Aluminum, 116L 18109085 =1 Cylinder, Calibration Gas, 10 ppm Hydrogen Cyanide, Aluminum, 116L Consumable Items — Initial Supply of items below only. Replacement consumable items must be purchased by customer. 10 17058157 =1Pump Dust Filter and Water Stop OUR MISSION OUR human life on, above, and below the earth. ERY El OHSAS 18001 ISO 9001 ISO 14001 Delivering highest quality, best customer service-1(62y transaction, every time. Certified Certified Certified INDUSTRIAL SCIENTIFIC Unit #170 167 Provincial Ave Sherwood Park, AB I T8H OM3, Canada Tel: +1 780-467-2423 1-877-467-4638 1 Fax: +1 780-467-2105 edmontonadmin@indsci.com I www.indsci.com Location 7: Station 7 iNet Equipment ® Part Number Description M1 VTS-K1232111101 Ventis MX4 Multi -Gas Monitor, LEL (Pentane) , CO, H2S, 02, Lithium -ion Extended Range Battery, Desktop Charger, Pump, High -Visibility Orange, UL/CSA, English 18109327-161 DSXi Cloud -Connected Docking Station for Venus, 6 Inlet Ports, North American Power Cord 18109244 Regulator, Demand Flow iGas, 250 PSI Pressure Switch, CGA-C10 for 58L, 103L, 116L Cylinders 17124348 Wall/ Desk Mount Cylinder Holder (for use with, 34L, 58L, 103L, 116L and 552L cylinders) Calibration Gas —Initial Supply of Calibration Gas Only. Replacement cylinders must be purchased by customer unless enrolling in the AutoReplenish PIusTM Program which includes calibration gas for the term of the iNetProgram. ❑1 18109157 =Fcylcal Gas, 25 ppm Hydrogen Sulfide, 100 ppm Carbon Monoxide, .35% Pentane (25% LEL), 18% Oxygen, 116L Consumable Items — Initial Supply of items below only. Replacement consumable items must be purchased by customer. =5 17058157 =1Pump Dust Filter and Water Stop Location 8: Station 8 iNet Equipment ( t} Part Number Description VTS-K1232111101 rVemnfis MX4 Multi -Gas Monitor, LEL (Pentane) , CO, H2S, 02, Li -ion Ext Range Battery, Desktop Charger, p, High -Visibility Orange, UL/CSA, English 18109327-161 DSXi Cloud -Connected Docking Station for Venus, 6 Inlet Ports, North American Power Cord 18109244 Regulator, Demand Flow iGas, 250 PSI Pressure Switch, CGA-C10 for 58L, 103L, 116L Cylinders 17124348 Wall/ Desk Mount Cylinder Holder (for use with, 34L, 58L, 103L, 116L and 552L cylinders) Calibration Gas —Initial Supply of Calibration Gas Only. Replacement cylinders must be purchased by customer unless enrolling in the AutoReplenish PIusTM Program which includes calibrationgas for the term of the iNet Program. M 18109157 =Fcylcal Gas, 25 ppm Hydrogen Sulfide, 100 ppm Carbon Monoxide, .35% Pentane (25% LEL), 18% Oxygen, 116L Consumable Items — Initial Supply of items below only. Replacement consumable items must be purchased by customer. 17058157 =1Pump Dust Filter and Water Stop Location: Hazmat iNet Equipment ® Part Number Description ❑1 MX6-B567R211 MX6 iBrid Multi -Gas Monitor - HCN, S02, NH3, C12, PID, Lithium -ion Extended Runtime Battery, Aspirated (pump) 18109329-161 DSXi Cloud -Connected Docking Station for MX6, 6 Inlet Ports, North American Power Cord �5 18109244 Regulator, Demand Flow iGas, 250 PSI Pressure Switch, CGA-C10 for 58L, 103L, 116L Cylinders 17124348 Wall/ Desk Mount Cylinder Holder (for use with, 34L, 58L, 103L, 116L and 552L cylinders) Calibration Gas —Initial Supply of Calibration Gas Only. Replacement cylinders must be purchased by customer unless enrolling in the AutoReplenish PIusTM Program which includes calibrationgas for the term of the iNet Program. 18102939 Cylinder, Calibration Gas, 100 ppm Isobutylene, Steel, 103L 18109079 Cylinder, Calibration Gas, 10 ppm Sulfur Dioxide, Aluminum, 116L 18109081 Cylinder, Calibration Gas, 25 ppm Aminonia, Aluminum, 116L 18109082 Cylinder, Calibration Gas, 10 ppm Chlorine, Aluminum, 116L 18109085 Cylinder, Calibration Gas, 10 ppm Hydrogen Cyanide, Aluminum, 116L Consumable Items — Initial Supply of items below only. Replacement consumable items must be purchased by customer. OUR MISSION OUR human life on, above, and below the earth. ERY El OHSAS 18001 ISO 9001 ISO 14001 Delivering highest quality, best customer service-1(6jay transaction, every time. Certified Certified Certified INDUSTRIAL SCIENTIFIC Unit #170 167 Provincial Ave Sherwood Park, AB I T8H OM3, Canada Tel: +1 780-467-2423 1-877-467-4638 1 Fax: +1 780-467-2105 edmontonadmin@indsci.com I www.indsci.com 17058157 =1Pump Dust Filter and Water Stop New Location: Fire Station 6 iNet Equipment ® Part Number Description VTS-K1232111101 Venfis MX4 Multi -Gas Monitor, LEL (Pentane) , CO, H2S, 02, Lithium -ion Extended Range Battery, Desktop Charger, Pump, High -Visibility Orange, UL/CSA, English 18109327-131 DSXi Cloud -Connected Docking Station for Venfis, 3 Inlet Ports, North American Power Cord 18109244 Regulator, Demand Flow iGas, 250 PSI Pressure Switch, CGA-C10 for 58L, 103L, 116L Cylinders 17124348 Wall/ Desk Mount Cylinder Holder (for use with, 34L, 58L, 103L, 116L and 552L cylinders) Calibration Gas —Replacement cylinders are included when enrolling in the AutoRcileuirb PlusTM Program. M118109157 Cylinder, Calibration Gas, 25 ppm Hydrogen Sulfide, 100 ppm Carbon Monoxide, .35% Pentane (25% LEL), 18% Oxygen, Aluminum, 116E Consumable Items —Initial Supply of items below only. Replacement consumable items must be purchased by customer. 17058157 =1Pump Dust Filter and Water Stop OUR MISSION OUR human life on, above, and below the earth. ERY El OHSAS 18001 ISO 9001 ISO 14001 Delivering highest quality, best customer service-1(64y transaction, every time. Certified Certified Certified COMMON COUNCIL REPORT M&C No. 2021-283 Report Date October 13, 2021 Meeting Date October 18, 2021 Service Area Growth and Community Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT: Fundy Quay Expenditure Reimbursement — Strategic Real Estate Capital Reserve AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager David Dobbelsteyn Jacqueline Hamilton John Collin RECOMMENDATION Growth Committee recommends that Common Council approve a budget allocation from the Strategic Real Estate Capital Reserve Fund in the amount of up to $150,972.20 to reimburse Envision Saint John for eligible expenditures related to the Fundy Quay Catalytic Project in 2021 and that the Commissioner of Finance be authorized to issue payment for eligible expenditures. EXECUTIVE SUMMARY As part of the consolidation of the City's economic development agencies into Envision Saint John, the assets of Develop Saint John were returned to the City as part of their wind down. Common Council transferred $1,625,899 in netfinancial assetsthat were returned to the City to a new Strategic Real Estate Capital Reserve Fund. Develop Saint John wastasked bythe Cityto help drive catalytic projects, including at Fundy Quay. That responsibility has now transferred to Envision Saint John. Staff are recommending Council approve reimbursement of up to $112,722.20 to Envision Saint John for legacy expenditures related to Fundy Quay that were incurred between January and September of 2021 and not formally allocated in the 2021 budget. Staff are also recommending that Council authorize an additional budget allocation for up to $38,250 for additional project management consulting services until the end of 2021. These funds would be drawn from the City's new Strategic Real Estate Capital Reserve and would have no impact on the City's operating or capital budgets. -2- PREVIOUS RESOLUTION Growth Committee Resolution — October 12, 2021 Growth Committee recommends that Common Council approve a budget allocation from the Strategic Real Estate Capital Reserve Fund in the amount of up to $150,972.20 to reimburse Envision Saint John for eligible expenditures related to the Fundy Quay Catalytic Project in 2021 and that the Commissioner of Finance be authorized to issue payment for eligible expenditures. Council Resolution — October 4th, 2021 It is recommended that the attached Strategic Real Estate Capital Reserve Fund Policy, as approved by Growth Committee on August 17th, 2021, and endorsed by Finance Committee on September 28th, 2021, be approved by Common Council. Council Resolution - May 17th, 2021 Be It Resolved that the Common Council create a Strategic Real Estate Capital Reserve Fund, and that this fund is established from $1,625,899 in received from Develop Saint John as part of its wind down on December 31, 2021. Further Be It Resolved that this fund be restricted for strategic real estate development opportunities in the City of Saint John, and that the City Manager be directed to return to Council with a policy on the parameters for spending from this fund. REPORT In 2020, Council gave direction to Develop Saint John to officially wind down as corporation. This direction was to facilitate a new regional direction in Economic Development though the creation of Envision Saint John: The Regional Growth Agency. As Develop Saint John was controlled by the City of Saint John, on its wind down on December 31, 2020, all its assets were returned to the City. The remaining funds from Develop Saint John were transferred to their one funder - the City of Saint John, which would have been primarily derived from past revenues from Saint John Industrial Parks. Just prior to its wind down, the City asked the Board of Directors of Develop Saint John to provide the City with the budget of the work that would be required to continue the support Develop Saint John had been offering to the catalytic projects they were helping facilitate. The Board's estimated budget for work related to Fundy Quay that they would oversee was $280,000. -3- In order to support the continued progress on this catalytic project, as well as support future strategic real estate opportunities, Council created the Strategic Real Estate Capital Reserve Fund and the net financial assets returned by Develop Saint John were transferred to this Fund. In this specific instance, Envision Saint John has carried on the previous work of Develop Saint John in managing certain contracts related to the ongoing development of Fundy Quay. City Staff have reviewed expenditures to ensure that they followed proper procurement protocols, and that the expenses are legitimate. As such staff are recommending a reimbursement from the Strategic Real Estate Capital Reserve to Envision Saint John of up to $112,722.20 for these expenditures, and that the Commissioner of Finance be authorized to issue reimbursement provided Envision Saint John provides copies of requested receipts, contracts, bids and quotes to the satisfaction of the Commissioner. Staff are also recommending an additional budget allocation of $38,250 for project management consulting work for BCK Consulting to the end of 2021 as the loss of this critical technical expertise to the Fundy Quay project during the finalization of design and tender documents would introduce significant project and financial risk exposure for the City of Saint John. Going forward, city staff will be expected to fully adhere to the City's new policy on the Strategic Real Estate Capital Reserve for all new expenditures on Saint John Catalytic Projects, which includes presenting a budget request and business case to Growth Committee, which is reviewed by staff and then sent to Common Council for approval, if applicable. Business Case Review The Development of Fundy Quay is a catalytic project Council Priority and has secured tri-lateral funding. The work that Envision Saint John has been doing on behalf of the City is critical to the overall success of the project. The overall cost of the Fundy quay project is $27,466,000 and the City's contribution is $9,057,250. Fundy Quay will generate an estimated $2M to $3M in annual property tax at full build out. Develop Saint John, and now Envision Saint John are playing a critical role in supporting the City in the project management of Fundy Quay. In 2021 Envision Saint John spent $112,722.20 in support of Fundy Quay, and these expenses considered to by staff to be legitimate, and staff are recommending that they be viewed as grandfathered as it pertains to the new Strategic Capital Real Estate Reserve i.e., they were undertaken prior to the full establishment of the City's new Strategic Capital Real Estate Reserve and its policy. `ff- A -4- Due to the wind -down of Develop Saint John, all its assets that it previously would have used to pay forth e aforementioned services were returned to the City. So as to not jeopardize the Fundy Quay project, the City Manager asked Envision Saint John to carry on the legacy work of Develop Saint John while staff worked in parallel to develop a new reserve fund that would enable Council to formally fund this continued work at Fundy Quay. With Council's approval of the new policy, the City is now formally able to offer reimbursement of these expenses. Notwithstanding the specific provisions in the new policy related to retroactive payments, or the provision of legal services, staff are recommending a one-time legacy payment of $112,722.20 as well as a budget allotment of an additional $38,250 for project management consulting work until the end of 2021. Staff have informed Envision Saint John that all future expenditures related to Fundy Quay would need to fully abide by the new Strategic Capital Real Estate Reserve Policy and its process, including seeking budget approval prior to any new expenditures and ensuring that legal services are managed through the City's General Counsel Office. STRATEGIC ALIGNMENT Fundy Quay is a catalytic project that aligns with Council priorities. SERVICEAND FINANCIAL OUTCOMES The City received $1,625,899 in net financial assets from the wind down of Develop Saint John. These were transferred to a new Strategic Real Estate Capital Reserve Fund from the assets received from Develop Saint John. Staff are recommending a one-time reimbursement to Envision Saint John for expenditures related to Fundy Quay: City staff have carefully reviewed all contracts, invoices, and the procurement process followed for these expenses: • $62,415.12 for Project Management Services rendered by BCK Consulting • $4,547.79 for Marketing Expenses rendered by Duke Creative • $19,687.78 for Legal Services rendered by McInnes Cooper • $26,071.50 for Communication Services rendered by National Public Relations Total: $112,722.20 -5- Staff are also recommending an additional budget allocation of up to $38,250 for project management work related to Fundy Quay for the months of October to December 2021 for BCK Consulting. The total budget allocation for this request is $150,972.20 from the new Strategic Real Estate Capital Reserve. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS This report has been drafted in consultation with Growth and Community Services, Strategic Services, Utilities & Infrastructure, the City Manager's Office, and the General Counsel's Office. Staff also consulted with Envision Saint John. ATTACHMENTS Request from Envision Saint John — Fundy Quay.pdf `Me] EN ISION Saint John September 23, 2021 John Collin City Manager City of Saint John PO Box 1971 Saint John, NB E21-41-1 Dear Mr. Collin: This letter is to provide an overview of Envision Saint John expenditures requested to be reimbursed through the City's Strategic Real Estate Reserve Fund. As you are aware, this fund was created to support strategic growth initiatives and was identified as a funding source for future investments related to the City's three catalytic projects. Early in 2021, the Fundy Quay project funding was approved and capital budget approved by Common Council. At this time, due to the complex and time sensitive nature of this project, Envision Saint John was asked to continue supporting the management of the project. This included items that were out of scope of the Federal Funding agreements. Envision Saint John was asked to proceed with funding these components with assurance from the City that the organization would be made whole once the reserve fund was formally established. Understanding the critical importance of this project for the region and the risk of project failure should any delays occur, Envision Saint John incurred expenses for legal, project management consult, and communications support. Please see attached schedule of expenses to support the above as well as the following: vendor agreements, copies of all invoices and proof of payments made to date. Our procurement policy was followed for all expenditures and disbursements were approved by the appropriate individuals. In addition to the reimbursement of the above noted expenditures, Envision Saint John is also seeking approval for project management consulting services from BCK Consulting Inc. for the months of October, November and December, for a total of $38,250 plus HST. A contract proposal will be prepared in a similar form as has been used for previous contracts with BCK. The loss of this critical technical expertise to the Fundy Quay project during the finalization of design and tender documents would introduce significant project and financial risk exposure for the City of Saint John. We look forward to receiving payment in a timely manner. Please let me know if you have any questions. Sincerely, Paulette Hicks, CEO hello@envisionsaintjohn.com envisionsaintjohn.com 170 Staff Recommendation for Council Resolution Property: 110 — 128 Waterloo Street Public Hearing: Completed on October4, 2021 Item Required: Recommendation (Y/N) Municipal Plan No Amendment Zoning By -Law Yes That Common Council give 1s' and 2" reading to an Amendment Amendment to the Zoning by-law which rezones a parcel of land having an area of approximately 716 square metres, located at 110-128 Waterloo Street, also identified as PID Numbers 00013714, 00013722, 00013730, 00013748, 55039879, and 55039887 from Neighbourhood Community Facility (CFN) to General Commercial (CG) Other No 3rd Reading Item: Required: Recommendation (Y/N) Municipal Plan N N/A Amendment Zoning By -Law Yes That Common Council give 3rd reading to an Amendment to Amendment the Zoning by-law which rezones a parcel of land having an area of approximately 716 square metres, located at 110-128 Waterloo Street, also identified as PID Numbers 00013714, 00013722, 00013730, 00013748, 55039879, and 55039887 from Neighbourhood Community Facility (CFN) to General Commercial (CG). Recission of Yes That Common Council, pursuant to the provisions of Section Previous s. 39/s. 59 of the Community Planning Act, hereby discharges the 59 Conditions resolution adopted on November 1, 1999, imposed on the rezoning of a parcel of land located at 124 Waterloo Street also identified as being PID Numbers 00013706; 00013144; 00013136; 00013128 and which was made pursuant to the provisions of Section 39 of the Community Planning Act in effect at the time (RSNB 1973 as amended). Recission of Yes That Common Council, pursuant to the provisions of Section Previous s. 39/s. 59 of the Community Planning Act, hereby discharges the 59 Conditions resolution adopted on June 27, 2016, imposed on the 171 rezoning of a parcel of land located at 112-122 Waterloo Street also identified as being PID Numbers 00013714; 00013722; 00013730; 00013748; 55039879; and 55039887 and which was made pursuant to the provisions of Section 39 of the Community Planning Act in effect at the time (RSNB 1973 as amended). Section 59 Yes That Common Council, pursuant to the provisions of Section Conditions 59 of the Community Planning Act, impose the following conditions on the parcel of land having an area of approximately 0.2306 hectares, located at 110-128 Waterloo Street, also identified as being PID Numbers 00013706; 00013144; 00013714; 00013128; 00013136; 00013722; 00013730; 00013748; 55039879; and 55039887: a. The applicant to submit flow calculations, completed by an Engineer, to facilitate the modelling of the water usage and sewer flows. The developer shall not proceed until they have first obtained the City's written opinion that its municipal infrastructure, storm and sanitary services as well as water services, has adequate capacity to accommodate the proposed development. b. That the development and use of the parcel of land be in accordance with a detailed site plan, prepared by the proponent and subject to the approval of the Development Officer, illustrating the design and location of buildings and structures, garbage enclosures, outdoor storage, driveway accesses, vehicle parking, loading areas, landscaping, signs, exterior lighting, and other such site features. Section 59 No Agreement Section 131 No Agreement Other No BY-LAW NUMBER C.P. 111-120 A LAW TO AMEND THE ZONING BY- LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, 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: Amending Schedule "A", the Zoning Map of The City of Saint John, by rezoning a parcel of land having an area of approximately 716 square metres, located at 110-128 Waterloo Street, also identified as PID Numbers 00013748, 55039887, 00013714, 00013730, 00013722, and 55039879, from Neighbourhood Community Facility (CFN) to General Commercial (CG) pursuant to a resolution under Section 59 of the Community Planning Act. - all as shown on the plan attached hereto and forming part of this by-law. 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 X day of xxxxxx, A.D. 2021 and signed by: ARRETE NO C.P. 111-120 ARRETE MODIFIANT L'ARRETE DE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une reunion du conseil communal, The City of Saint John a decrete ce qui suit : Uarrete sur le zonage de The City of Saint John, decrete le quinze (15) decembre 2014, est modifie par: La modification de I'annexe «A», Plan de zonage de la ville de Saint John, permettant de modifier la designation pour une parcelle de terrain d'une superficie d'environ 716 metres carres, situe au 110-128, rue Waterloo, egalement identifie des NIDs 00013748, 55039887, 00013714, 00013730, 00013722, et 55039879, de Zone d'installations communautaires de quartier (CFN) a Zone commerciale generale (CG) conformement a une resolution adoptee par le conseil municipal en vertu de I'article 59 de la Loi sur I'urbanisme. - toutes les modifications sont indiquees sur le plan ci-joint et font partie du present arrete. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le X 2021, avec les signatures suivantes : Mayor/Maire City Clerk/Greffier communal First Reading - October 4, 2021 Premiere lecture - le 4 octobre 2021 Second Reading - October 4, 2021 Deuxieme lecture - le 4 octobre 2021 Third Reading - Troisieme lecture - 173 GROWTH & COMMUNITY DEVELOPMENT SERVICES SERVICE DE LA CROISSANCE ET DU DEVELOPPEMENT COMMUNAUTAIRE REZONING / REZONAGE Amending Schedule "A" of the Zoning By -Law of The City of Saint John Modifiant Annexe «A» de I'Arrete de zonage de The City of Saint John FROM / DE yw o° i w� i, Jr ZJ ~4 e 70 as TO / A Neighbourhood Corridor Commercial Community Facility Zone d'installations CFN CG Zone commercials generals communautaires de quartier Pursuant to a Resolution under Section 59 of the Community Planning Act Conformement a une resolution adoptee par le conseil municipal en vertu de I'article 59 de la Loi sur I'urbanisme Applicant: Toss Location: 110-128 Waterloo Street PID(s)/NIP(s): 00013748, 00013730, 00013722, 00013714, 00013706, 00013144, 00013136, 00013128,55039879,55039887 Considered by P.A.C./Considers par le C.C.U.: September 21 septembre, 2021 Enacted by Council/Approuve par le Conseil: Filed in Registry Off ice/Enregistre le: By -Law #/Arrete #: Drawn by/Creee par: Andrew Pollock Date drawn/Carte creee: October 7 octobre, 2021 174 Section 59 Conditions — 110-128 Waterloo Street RESOLVED that Common Council, pursuant to the provisions of Section 59 of the Community Planning Act, hereby discharges the resolution adopted on November 1, 1999, imposed on the rezoning of a parcel of land located at 124 Waterloo Street also identified as being PID Numbers 00013706; 00013144; 00013136; 00013128 and which was made pursuant to the provisions of Section 39 of the Community Planning Act in effect at the time (RSNB 1973 as amended); Common Council, pursuant to the provisions of Section 59 of the Community Planning Act, hereby discharges the resolution adopted on June 27, 2016, imposed on the rezoning of a parcel of land located at 112-122 Waterloo Street also identified as being PID Numbers 00013714; 00013722; 00013730; 00013748; 55039879; and 55039887 and which was made pursuant to the provisions of Section 39 of the Community Planning Act in effect at the time (RSNB 1973 as amended); and, Common Council, pursuant to the provisions of Section 59 of the Community Planning Act, impose the following conditions on the parcel of land having an area of approximately 0.2306 hectares, located at 110-128 Waterloo Street, also identified as being PID Numbers 00013706; 00013144; 00013714; 00013128; 00013136; 00013722; 00013730; 00013748; 55039879; and 55039887: a. The applicant to submit flow calculations, completed by an Engineer, to facilitate the modelling of the water usage and sewer flows. The developer shall not proceed until they have first obtained the City's written opinion that its municipal infrastructure, storm and sanitary services as well as water services, has adequate capacity to accommodate the proposed development. b. That the development and use of the parcel of land be in accordance with a detailed site plan, prepared by the proponent and subject to the approval of the Development Officer, illustrating the design and location of buildings and structures, garbage enclosures, outdoor storage, driveway accesses, vehicle parking, loading areas, landscaping, signs, exterior lighting, and other such site features. 175 Staff Recommendation for Council Resolution Property: 31 Cliff Street Public Hearing: Completed on October4, 2021 Item Required: (Y/N) Recommendation Municipal Plan No N/A Amendment Zoning By -Law Yes That Common Council give 15` and 2nd reading to an Amendment Amendment to the Zoning by-law to rezone a parcel of approximately 0.39 hectares, located at 31 Cliff Street, also identified as PID Number 55221071 and a portion of PID Number 00014621, from Major Community Facility (CFM) to Urban Centre Residential (RC). 3rd Reading: October 18, 2021 Item: Required: Recommendation (Y/N) Municipal Plan No N/A Amendment Zoning By -Law Yes That Common Council give 3rd reading to an Amendment to Amendment the Zoning by-law to rezone a parcel of approximately 0.39 hectares, located at 31 Cliff Street, also identified as PID Number 55221071 and a portion of PID Number 00014621, from Major Community Facility (CFM) to Urban Centre Residential (RC). Recission of No N/A Previous s. 39/s. 59 Conditions Section 59 Yes That Common Council, pursuant to the provisions of Section Conditions 59 of the Community Planning Act, impose the following conditions on the parcel of land having an area of approximately 0.48 hectares, located at 31 Cliff Street, also identified as PID Number 55221071, a portion of PID Number 55226724, and a portion of PID Number 00014621: lirLI a) That the there be no net increase in the discharge of combined post development stormwater and sanitary sewer flows from the site for both minor and major storm events beyond the combined stormwater and sanitary sewer flow which currently is discharged from the site during both minor and major storm events. b) That the design of the site prepared by the developer's engineering consultant and implementation of the site servicing by the developer include the engineered design and installation of a separated sanitary and storm sewer for three catch basins located on the former St. Vincent's High School site (PID 55226724). These catch basins are ObjectIDs 225134, 225135, and 225136 as noted in the City's GIS system. c) That the landowner of the Cathedral site, the Roman Catholic Bishop of Saint John, undertake an engineered stormwater design and separation on the site of the existing Cathedral (PID 0014621), to eliminate 3 existing catch basins (at the rear of the Cathedral) from contributing flows to the existing the sanitary sewer. These catch basins are ObjectIDs 225131, 225132, and 225133 in the City's GIS system. Staff recommend that this work be completed prior to occupancy of the proposed mixed -use building or 5 years, whichever is greater. There may be an opportunity to coordinate a flow reduction strategy in conjunction with the proposed development. Should the landowner be able to demonstrate to the City that these catch basins are not connected to the City's sewer system, this confirmation would satisfy the intent of this condition and relieve the landowner from any work associated with the separation of these three catch basins. d) That a Traffic Impact Statement be completed to assess the traffic impacts of the proposed development, including the proposed driveway to the site from Cliff Street, the impacts of the development on the adjacent intersection of Cliff Street and Waterloo Street, and the drop off/pick up operations ` FAM for the proposed daycare. If any traffic or transportation system improvements are required to service this proposal, it will be the owner/developer's full responsibility and cost to complete. e) If any municipal infrastructure improvements are required to service this proposal, it will be the owner/developer's full responsibility and cost to complete. Prior to determining this, detailed engineering plans and a design brief must be submitted by the owner/developer's engineering consultant to the City for review and approval by the City. f) That the development and use of the parcel of land be in accordance with a detailed landscaping plan prepared and implemented by the developer that incorporates the following in addition to the requirements of the Zoning By -Law: • the planting of a minimum of one tree or shrub for every 45 square metres of required front yard along the Waterloo Street frontage provided at least 50 percent of the required plants are trees, and that the landscaping plan include the retention of existing trees along the Waterloo Street frontage of the site, dependant on the condition of the existing trees. g) The development and use of the parcel of land be in accordance with detailed building elevation and site plans, prepared by the proponent and subject to the approval of the Development Officer, illustrating the design and location of buildings and structures, garbage enclosures, outdoor storage, driveway accesses, vehicle, and bicycle parking, loading areas, landscaping, amenity spaces, signs, exterior lighting, and other such site features; and h) The above elevation, landscaping, and site plans be attached to the permit application for the development of the parcel of land. `rE:1 Section 59 No N/A Agreement Section 131 No N/A Agreement Other No N/A BY-LAW NUMBER C.P. 111-121 A LAW TO AMEND THE ZONING BY- LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, 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: Amending Schedule "A", the Zoning Map of The City of Saint John, by rezoning a parcel of land having an area of approximately 0.39 hectares, located at 31 Cliff Street, also identified as PID Number 55221071 and a portion of PID 00014621, from Major Community Facility (CFM) to Urban Centre Residential (RC) pursuant to a resolution adopted by Common Council under Section 59 of the Community Planning Act. - all as shown on the plan attached hereto and forming part of this by-law. 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 X day of September, A.D. 2021 and signed by: Mayor/Maire ARRETE NO C.P. 111-121 ARRETE MODIFIANT L'ARRETE DE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une reunion du conseil communal, The City of Saint John a decrete ce qui suit : Uarrete sur le zonage de The City of Saint John, decrete le quinze (15) decembre 2014, est modifie par: La modification de I'annexe «A», Plan de zonage de la ville de Saint John, permettant de modifier la designation pour une parcelle de terrain d'une superficie d'environ 0,39 hectares, situe au 31, rue Cliffe, egalement identifie de NI 55221071 et une partie de NID 00014621 de Zone de grandes installations communautaires (CFM) a Zone residentielle du centre-ville (RC) conformement a une resolution adoptee par le conseil municipal en vertu de I'article 59 de la Loi sur ('urbanism. - toutes les modifications sont indiquees sur le plan ci-joint et font partie du present arrete. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le X septembre 2021, avec les signatures suivantes : City Clerk/Greffier communal First Reading —October 4, 2021 Premiere lecture - le 4 octobre 2021 Second Reading — October 4, 2021 Deuxieme lecture — le 4 octobre 2021 Third Reading - Troisieme lecture - 180 GROWTH & COMMUNITY DEVELOPMENT SERVICES SERVICE DE LA CROISSANCE ET DU DEVELOPPEMENT COMMUNAUTAIRE REZONING / REZONAGE Amending Schedule "A" of the Zoning By -Law of The City of Saint John Modifiant Annexe «A» de I'Arrete de zonage de The City of Saint John �w c ~4e h10 s� ash i rile C''f / � St FROM / DE TO / A Major Community Urban Centre Facility Residential Zone de grandes CFM RC installations Zone residentielle du centre-ville communautaires Pursuant to a Resolution under Section 59 of the Community Planning Act Conformement a une resolution adoptee par le conseil municipal en vertu de I'article 59 de la Loi sur I'urbanisme Applicant: Hughes Surveys and Consultants Inc. on behalf of Steepleview Developments Inc. Location: 31 Cliff Street PID(s)/NIP(s): 55221071, 55226724 (portion), 00014621 (portion) Considered by P.A.C./Considers par le C.C.U.: September 21 septembre, 2021 Enacted by Council/Approuve par le Conseil: Filed in Registry Office/Enregistre le: By -Law #/Arrete #: Drawn by/Creee par: Andrew Pollock Date drawn/Carte creee: October 6 octobre, 2021 181 Section 59 Conditions — 31 Cliff Street That Common Council, pursuant to the provisions of Section 59 of the Community Planning Act, impose the following conditions on the parcel of land having an area of approximately 0.48 hectares, located at 31 Cliff Street, also identified as PID Number 55221071, a portion of PID Number 55226724, and a portion of PID Number 00014621: a) That the there be no net increase in the discharge of combined post development stormwater and sanitary sewer flows from the site for both minor and major storm events beyond the combined stormwater and sanitary sewer flow which currently is discharged from the site during both minor and major storm events. b) That the design of the site prepared by the developer's engineering consultant and implementation of the site servicing by the developer include the engineered design and installation of a separated sanitary and storm sewer for three catch basins located on the former St. Vincent's High School site (PID 55226724). These catch basins are ObjectIDs 225134, 225135, and 225136 as noted in the City's GIS system. c) That the landowner of the Cathedral site, the Roman Catholic Bishop of Saint John, undertake an engineered stormwater design and separation on the site of the existing Cathedral (PID 0014621), to eliminate 3 existing catch basins (at the rear of the Cathedral) from contributing flows to the existing the sanitary sewer. These catch basins are ObjectIDs 225131, 225132, and 225133 in the City's GIS system. Staff recommend that this work be completed prior to occupancy of the proposed mixed -use building or 5 years, whichever is greater. There may be an opportunity to coordinate a flow reduction strategy in conjunction with the proposed development. Should the landowner be able to demonstrate to the City that these catch basins are not connected to the City's sewer system, this confirmation would satisfy the intent of this condition and relieve the landowner from any work associated with the separation of these three catch basins. d) That a Traffic Impact Statement be completed to assess the traffic impacts of the proposed development, including the proposed driveway to the site from Cliff Street, the impacts of the development on the adjacent intersection of Cliff Street and Waterloo Street, and the drop off/pick up operations for the proposed daycare. If any traffic or transportation system improvements are required to service this proposal, it will be the owner/developer's full responsibility and cost to complete. WIN e) If any municipal infrastructure improvements are required to service this proposal, it will be the owner/developer's full responsibility and cost to complete. Prior to determining this, detailed engineering plans and a design brief must be submitted by the owner/developer's engineering consultant to the City for review and approval by the City. f) That the development and use of the parcel of land be in accordance with a detailed landscaping plan prepared and implemented by the developer that incorporates the following in addition to the requirements of the Zoning By -Law: • the planting of a minimum of one tree or shrub for every 45 square metres of required front yard along the Waterloo Street frontage provided at least 50 percent of the required plants are trees, and that the landscaping plan include the retention of existing trees along the Waterloo Street frontage of the site, dependant on the condition of the existing trees. g) The development and use of the parcel of land be in accordance with detailed building elevation and site plans, prepared by the proponent and subject to the approval of the Development Officer, illustrating the design and location of buildings and structures, garbage enclosures, outdoor storage, driveway accesses, vehicle, and bicycle parking, loading areas, landscaping, amenity spaces, signs, exterior lighting, and other such site features; and h) The above elevation, landscaping, and site plans be attached to the permit application for the development of the parcel of land. IiF:191 Staff Recommendation for Council Resolution Property: 15 Broadway Avenue Public Hearing: Completed on October 4, 2021 Previous First & Second Reading: Completed on October 4, 2021 Item Required: Recommendation (Y/N) Municipal Plan Yes That Common Council redesignate on Schedule A of the Amendment Municipal Development Plan, land having an approximate area of 0.29 hectares, located at 15 Broadway Avenue, also identified as PID 00299248, PID 00300814, and an undeveloped portion of a public street, from Stable Area to Employment Area. That Common Council redesignate on Schedule B of the Municipal Development Plan, land having an approximate area of 0.29 hectares, located at 15 Broadway Avenue, also identified as PID 00299248, PID 00300814, and an undeveloped portion of a public street, from Stable Residential to Commercial Corridor. Zoning By -Law Yes That Common Council rezone a parcel of land having an Amendment approximate area of 0.25 hectares, located at 15 Broadway Avenue, also identified as PID 00299248 and PID 00300814, from One -Unit Residential (R1) to Corridor Commercial (CC). Other No N/A Recommended Third Reading: October 18, 2021 Item: Required: (Y/N) Recommendation Municipal Plan Yes That Common Council redesignate on Schedule A of the Amendment Municipal Development Plan, land having an approximate area of 0.29 hectares, located at 15 Broadway Avenue, also identified as PID 00299248, PID 00300814, and an undeveloped portion of a public street, from Stable Area to Employment Area. `E:i! That Common Council redesignate on Schedule B of the Municipal Development Plan, land having an approximate area of 0.29 hectares, located at 15 Broadway Avenue, also identified as PID 00299248, PID 00300814, and an undeveloped portion of a public street, from Stable Residential to Commercial Corridor. Zoning By -Law Yes That Common Council rezone a parcel of land having an Amendment approximate area of 0.25 hectares, located at 15 Broadway Avenue, also identified as PID 00299248 and PID 00300814, from One -Unit Residential (R1) to Corridor Commercial (CC). Recission of No N/A Previous s. 39/s. 59 Conditions Section 59 Yes That Common Council, pursuant to the provisions of Section Conditions 59 of the Community Planning Act, impose the following conditions on the parcel of land having an area of approximately 0.25 hectares, located at 15 Broadway Avenue, also identified as PID 00299248 and PID 00300814: a. That the following land uses be prohibited: i. Bar, Lounge, or Nightclub ii. Small Recreational Vehicle Sales and Service iii. Large Recreational Vehicle Sales and Service iv. Redemption Centre v. Model Home Sales Centre vi. Service Station vii. Vehicle Repair Garage viii. Vehicle Sales and Leasing b. That the development and use of the parcel of land be in accordance with a detailed site plan, prepared by the proponent and subject to the approval of the Development Officer, illustrating the design and location of buildings and structures, garbage enclosures, outdoor storage, driveway accesses, vehicle parking, loading areas, landscaping, signs, exterior lighting, and other such site features, and that such site plan incorporate the following: i. That there be no outdoor storage in the front yard; `E:16'7 ii. That the front yard be landscaped where a fenced outdoor storage is or was located, and such landscaping be completed no later than October 30, 2022; and iii. That the storage of garbage in the front yard be enclosed in accordance with section 5.4 of the Zoning By-law. c. That the above site plan in paragraph (b) be attached to the permit application for the change of use of the parcel of land. Section 59 No N/A Agreement Section 131 No N/A Agreement Other No N/A `DN BY-LAW NUMBER C.P. 106-28 A LAW TO AMEND THE MUNICIPAL PLAN BY-LAW Be it enacted by The City of Saint John in Common Council convened, 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: Redesignating on Schedule A of the Municipal Development Plan, land having an approximate area of 0.29 hectares, located at 15 Broadway Avenue, also identified as PID 00299248, PID 00300814, and an undeveloped portion of a Public Street, from Stable Area to Employment Area; and Redesignating on Schedule B of the Municipal Development Plan, land having an approximate area of 0.29 hectares, located at 15 Broadway Avenue, also identified as PID 00299248, PID 00300814, and an undeveloped portion of a Public Street, from Stable Residential to Commercial Corridor - all as shown on the plan attached hereto and forming part of this by-law. 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 X Day of X, A.D. 2021 and signed by: Mayor/Maire ARRETE N° C.P. 106-28 ARRETE MODIFIANT L'ARRETE RELATIF AU PLAN MUNICIPAL Lors d'une reunion du conseil communal, The City of Saint John a edicte ce qui suit : L'arrete concernant le plan municipal de The City of Saint John decrete le 30 janvier 2012 est modifie par: A I'annexe A du plan d'amenagement municipal, modifier le zonage d'un terrain d'une superficie de 0,29 hectare situe au 15, avenue Broadway (PID 00299248 et PID 00300814), et une partie non amenagee d'une voie publique, de secteur stable a secteur d'emploi, tel qu'illustre ci-dessous; 2. A I'annexe B du plan d'amenagement municipal, modifier le zonage d'un terrain d'une superficie de 0,29 hectare situe au 15, avenue Broadway (PID 00299248 et PID 00300814), et une partie non amenagee d'une voie publique, de secteur residentiel stable a corridor commercial, tel qu'illustre ci- dessous. - toutes les modifications sont indiquees sur le plan ci-joint et font partie du present arr8te. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le X 2021, avec les signatures suivantes City Clerk/Greffier communal First Reading — October 4, 2021 Premiere lecture — le 4 octobre 2021 Second Reading — October 4, 2021 Deuxieme lecture — le 4 octobre 2021 Third Reading — X Troisieme lecture — X 187 GROWTH & COMMUNITY DEVELOPMENT SERVICES SERVICE DE LA CROISSANCE ET DU DEVELOPPEMENT COMMUNAUTAIRE MUNICIPAL DEVELOPMENT PLAN / PLAN D'AMENAGEMENT MUNICIPAL Amending Schedule "A" Modifiant Annexe «A» C� ay. BroadwaY Av. FROM / DE TO / A Stable Area Employment Area Secteur stable Secteur d'emploi Applicant: HBL Rentals Inc Location: 15 Broadway Avenue PID(s)/NIP(s): 00299248, 00300814, 00000003 (portion) Considered by P.A.C./Considers par le C.C.U.: September 21 septembre, 2021 Enacted by Council/Approuve par le Conseil: Filed in Registry Office/Enregistre le: By -Law #/Arrete #: Drawn by/Creee par: Andrew Pollock Date drawn/Carte creee: October 7 octobre, 2021 188 GROWTH & COMMUNITY DEVELOPMENT SERVICES SERVICE DE LA CROISSANCE ET DU DEVELOPPEMENT COMMUNAUTAIRE MUNICIPAL DEVELOPMENT PLAN / PLAN D'AMENAGEMENT MUNICIPAL Amending Schedule "B" Modifiant Annexe « B» C� ay. BroadwaY Av. FROM / DE TO / A Stable Residential Commercial Corridor Residentiel stable Corridor commerciale Applicant: HBL Rentals Inc Location: 15 Broadway Avenue PID(s)/NIP(s): 00299248, 00300814, 00000003 (portion) Considered by P.A.C./Considers par le C.C.U.: September 21 septembre, 2021 Enacted by Council/Approuve par le Conseil: Filed in Registry Office/Enregistre le: By -Law #/Arrete #: Drawn by/Creee par: Andrew Pollock Date drawn/Carte creee: October 7 octobre, 2021 189 BY-LAW NUMBER C.P. 111-122 ARRETE NO C.P. 111-122 A LAW TO AMEND ARRETE MODIFIANT L'ARRETE DE THE ZONING BY-LAW ZONAGE DE THE CITY OF SAINT JOHN OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint Lors d'une reunion du conseil John in Common Council convened, as communal, The City of Saint John a follows: decrete ce qui suit : The Zoning By-law of The City of L'arrete sur le zonage de The City Saint John enacted on the fifteenth day of of Saint John, decrete le quinze (15) December, A.D. 2014, is amended by: decembre 2014, est modifie par: Amending Schedule "A", the Zoning Map of The City of Saint John, by rezoning a parcel of land having an approximate area of 0.25 hectares, located at 15 Broadway Avenue, also identified as PID 00299248 and PID 00300814, from One - Unit Residential (R1) to Corridor Commercial (CC) pursuant to a resolution adopted by Common Council under Section 59 of the Community Planning Act. - all as shown on the plan attached hereto and forming part of this by-law 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 X day of X, A.D. 2021 and signed by: Mayor/Maire La modification de I'annexe «A», Plan de zonage de The City of Saint John, permettant de modifer le zonage d'une parcelle de terrain d'une superficie approximative de 0,25 hectare situee au 15, avenue Broadway (PID 00299248 et PID 00300814), de secteur residentiel d'une unite (R1) a corridor commercial (CC) conformement a une resolution adoptee par le conseil municipal en vertu de I'article 59 de la Loi sur I'urbanisme. - toutes les modifications sont indiquees sur le plan ci-joint et font partie du present arrete. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le X 2021, avec les signatures suivantes : City Clerk/Greffier communal First Reading — October 4, 2021 Premiere lecture — le 4 octobre 2021 Second Reading — October 4, 2021 Deuxieme lecture — le 4 octobre 2021 Third Reading — X Troisieme lecture — X 190 GROWTH & COMMUNITY DEVELOPMENT SERVICES SERVICE DE LA CROISSANCE ET DU DEVELOPPEMENT COMMUNAUTAIRE REZONING / REZONAGE Amending Schedule "A" of the Zoning By -Law of The City of Saint John Modifiant Annexe «A» de I'Arrete de zonage de The City of Saint John C� ay. BroadwaY Av. FROM / DE One -Unit Residential Zone residentielle R1 ® CC unifamiliale TO / A Corridor Commercial Zone commerciale de corridor Pursuant to a Resolution under Section 59 of the Community Planning Act Conformement a une resolution adoptee par le conseil municipal en vertu de I'article 59 de la Loi sur I'urbanisme Applicant: HBL Rentals Inc. Location: 15 Broadway Avenue PID(s)/NIP(s): 00299248,00300814 Considered by P.A.C./Considers par le C.C.U.: September 21 septembre, 2021 Enacted by Council/Approuve par le Conseil: Filed in Registry Off ice/Enregistre le: By -Law #/Arrete #: Drawn by/Creee par: Andrew Pollock Date drawn/Carte creee: October 7 octobre, 2021 191 Section 59 Conditions — 15 Broadway Avenue That Common Council, pursuant to the provisions of Section 59 of the Community Planning Act, impose the following conditions on the parcel of land having an area of approximately 0.25 hectares, located at 15 Broadway Avenue, also identified as PID 00299248 and PID 00300814: a. That the following land uses be prohibited: i. Bar, Lounge, or Nightclub ii. Small Recreational Vehicle Sales and Service iii. Large Recreational Vehicle Sales and Service iv. Redemption Centre v. Model Home Sales Centre vi. Service Station vii. Vehicle Repair Garage viii. Vehicle Sales and Leasing b. That the development and use of the parcel of land be in accordance with a detailed site plan, prepared by the proponent and subject to the approval of the Development Officer, illustrating the design and location of buildings and structures, garbage enclosures, outdoor storage, driveway accesses, vehicle parking, loading areas, landscaping, signs, exterior lighting, and other such site features, and that such site plan incorporate the following: That there be no outdoor storage in the front yard; That the front yard be landscaped where a fenced outdoor storage is or was located, and such landscaping be completed no later than October 30, 2022; and iii. That the storage of garbage in the front yard be enclosed in accordance with section 5.4 of the Zoning By-law. c. That the above site plan in paragraph (b) be attached to the permit application for the change of use of the parcel of land. 111106%, BY-LAW NUMBER LG-15 ARRETE NUMERO LG-15 A BY-LAW RESPECTING THE ARRETE CONCERNANT LE REGLEMENT PROCEDURES OF COMMON COUNCIL OF INTERIEUR DU CONSEIL COMMUNAL DE THE CITY OF SAINT JOHN THE CITY OF SAINT JOHN Be it enacted by the Common Council of Le conseil communal de The City of Saint The City of Saint John: John edicte: The By-law Respecting the Procedures of Common Council of The City of Saint John, enacted on the 3rd day of May 2021, is hereby amended as follows: 1. By adding the following to Schedule "C" - Financial Policies - immediately after "9) FAS-021 Budget Monitoring Policy": 10) Internal Audit Charter 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 2021 and signed by: First Reading Second Reading Third Reading Mayor / Maire L'Arrete Concernant le Reglement Interieur du Conseil Communal de The City of Saint John, decrete le 3 mai 2021, est modifie comme suit: 1. Par 1'adjonction de cc qui suit a 1'Annexe « C » - Politiques financieres - immediatement apres (<9) FAS-021 Politique sur le suivi budgetaire » : 10) Charte de 1'audit interne EN FOI DE QUOI The City of Saint John a fait apposer son sceau communal sur le present arrete le 2021, avec les signatures suivantes: City Clerk / Greffier communal - October 4, 2021 Premiere lecture - October 4, 2021 Deuxieme lecture - Troisieme lecture - le 4 octobre 2021 - le 4 octobre 2021 `&ON COMMON COUNCIL REPORT M&C No. 2021-277 Report Date October 12, 2021 Meeting Date October 18, 2021 Service Area Utilities and Infrastructure Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT. Letter of support for the Smart Renewables and Electrification Pathways Program (SREP) application- City of Saint John District Energy System (DES) Study AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Samir Yammine J. Brent McGovern I John Collin RECOMMENDATION It is recommended that Common Council provide a letter of support to Torch Light Bioresources, in partnership with Rathco ENG, for their funding application under the Natural Resources Canada Smart Renewables and Electrification Pathways Program (SREP) to complete a detailed technical and financial study for the development of a district energy system using industrial waste heat and local renewables. EXECUTIVE SUMMARY The purpose of the report is for Common Council to provide a letter of support to Torchlight Bioresources, in partnership with Rathco ENG, for their funding application under the Natural Resources Canada Smart Renewables and Electrification Pathways Program (SREP) to complete a detailed technical and financial study for the development of a District Energy System using industrial waste heat and local renewables. The report will include presentation by Dr. Jamie Stephen of Torchlight to highlight the proposed study, funding application, and the potential development of a District Energy System within Saint John. PREVIOUS RESOLUTION REPORT In the past 2-3 years, the City of Saint John has been actively working to help develop a District Energy System (DES) to provide thermal energy to several `LeLI -2- buildings, using various energy sources such as industrial waste, renewable, geothermal, etc. The objectives of the DES are as follow: ➢ Achieve the City of Saint John Climate Change Action Plan Objectives ➢ Reduce Greenhouse Gas (GHG) emissions ➢ Reduce fossil fuel dependency ➢ Transition to low carbon economy ➢ Encourage the development of green buildings ➢ Support sustainable energy ➢ Provide stability for future energy costs ➢ Provide a revenue opportunity for the City City staff are simultaneously working on two DES projects: Proiect 1- Small Scale DES for the Uptown area This project consists of connecting multiple buildings to the Market Square central heating/cooling plant. The project will use Saint John harbour water as a source of energy to provide thermal energy to several buildings: Market Square, Hilton, Aquatic Center, City Hall, new development at the Funday Quay Site, others. The staff are in the process of finalizing the concept design and the business case. Additionally, the City has received a grant in the amount of $3.7 Million from the Federal Government toward the project. The proposed project is a short-term DES to be completed by March 31, 2024. Proiect 2 - Large Scale DES (Long -Term) This project consists of connecting over 30 buildings to a large-scale DES. The project will use industrial wastewater and renewable energyto provide high water temperature loop to several buildings in the Saint John area. This is a long-term project and will require several years to complete. Additional detailed technical and financial analysis will be required to formulate recommendations to Council on whether to proceed with the development of the project. In 2011, the City of Saint John completed a technical and financial assessment to develop a large-scale DES using various energy sources such industrial waste, others. The analysis at the time indicated the project is financially viable. However, the project was put on hold due financial challenges facing the City. In the past 4-5 years, there has been a culture -shift and now there is significant commitment from the various levels of government toward addressing climate change. DES has been identified as essential infrastructure to reduce GHG `111106191 -3- emissions from the building sector in cities and towns. As an example, the City of Edmonton anticipates development of a city-wide DES under its Energy Transition Strategy. Additionally, the Government of Canada has put a price on carbon, which is to increase to $170 per tonne of CO2 by 2030. This adds $10.50 per GJ of natural gas and would increase the commodity of natural gas charge by 120%, which is in addition to the gas distribution charge. Carbon pricing at $170/t CO2 also adds $0.57/L to heating oil on a life cycle basis. However, the Government of Canada is also providing capital support to municipalities to develop green, low carbon infrastructure, such as a DES, which can be used to avoid the carbon price. These recent changes of addressing some of the contributing factors of climate change have increased the financial and technical viability of developing a large- scale DES to allow the City to move forward with the study. In the past few months, the City has been working with Torchlight Bioresources and Rathco ENG to revisit the existing study and assess the opportunity and design a system that meets the needs of the City and community in a rapidly changing energy and climate policy environment. Scope & Deliverables for Saint John District Energy System Feasibility Study TorchLight Bioresources and Rathco ENG are proposing to complete a comprehensive feasibility study on a Saint John DES. The study would concentrate on warm water heat network design for the South -Central peninsula, including Uptown, using industrial waste bioheat from the Irving Pulp & Paper operation as the primary energy resource. TorchLight intends to apply to Natural Resources Canada's Smart Renewables and Electrification Pathways program to fully fund the feasibility study. The deadline for application is October 22, 2021. Feasibility Study Scope: 1. Saint John DE Master Plan — Database of all buildings in Saint John, with thermal energy demand estimates. Saint John would be divided into 10-12 zones for DE development over a 15-20-year timeframe. The energy demand and GHG reduction opportunity for each zone would be estimated. 2. Feasibility Engineering — Engineering and costs for Phase 1 of DE development: a) heat transmission line from Irving Pulp & Paper mill to Uptown; b) heat distribution network covering all of South -Central Peninsula (Uptown, South End, Waterloo Village); c) in -building conversions (using local subcontractor support); d) large heat pumps and energy storage; 3) auxiliary/backup/alternative thermal supply options, with a focus on biomass (wood chips) and natural gas for peaking/backup. lIE:1.1 -4- 3. Utility Business Plan — Working with the City of Saint John and using cost data from the feasibility -level engineering, preparation of a heat utility business plan including financial projections. Comparison of ownership, operations, and financing models (public, co-op, P3, etc.). Identification of potential private sector partners (if desired) and role of The City of Saint John. Quantify GHG savings and design utility approach, including rates, that ensures heat customer connection. 4. Community Engagement — Work with City of Saint John to create community engagement plan. Lead multiple community meetings and establish project website. Present key information from heat utility business plan to public. Lead efforts to secure connection commitments from major building owners. 5. Application for ICIP Grant Funding — Preparation of draft application to ICIP Green Stream for submission by City of Saint John. Deliverables: A. Saint John DE Master Plan Report — Pathway/vision document for DE build - out over time B. Building Database — estimated heat loads for all buildings in Saint John C. Feasibility Study Report — Major sections on South Central heat network, transmission line, in -building conversions, and energy supply D. Utility Business Plan — Ownership, financial, operational, and development plan for thermal heat utility E. Community Engagement Plan — Plan to communicate with public and gain support for utility connections F. Draft ICIP Application —To provide line -of -sight to major financing STRATEGIC ALIGNMENT The City of Saint John DES study is clearly aligned with the following City plans, policies, programs, and practices: ➢ City of Saint John Corporate GHG and Energy Action Plan to reduce GHG emissions by 30% by 2025 and achieve carbon neutral by 2040. ➢ City of Saint John Climate Change Action Plan. SERVICEAND FINANCIAL OUTCOMES If successful in securing the funding, the total cost to complete the study will be 100% provided by the Natural Resources Canada Smart Renewables and Electrification Pathways Program (SREP). `LOtl -5- The City will provide in -kind support in terms of staff coordination of the various activities related to the execution of the study, releasing previous reports, data, technical and financial analysis, etc. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS n/a ATTACHMENTS City of Saint John Letter of Support Torchlight and Rathco - Commitment to Provide Documentation and Reports Presentation liRB] iCL V 0� cc 97, ,O W +-i aJ aJ tvo ca aJ C: Q aJ _O U v L > 0 Q i V C: U O Q) a-i C: ro z t1A L � a) a-'' a) C: N L � � LL LA f6 N Q) � a) U CL6 on C 00 O cn L }' o fV N a) Q a) Q 4-1 O bD =3 C: E C: Q ca v) f/i a1 .— L O aA cn ' U v� tv0 C a--' a1 L u U O O �= O a) L a)M aL+ >� a) Q v m E O ate-1 v r� +� � — — 0 = M a)1 a1 O v c I m EL +3 C: to E +� � E -0 = a) N v 4- Z3 -0 - C6 _0 0L V) (6 >` cn N U E � }, O m +., �A O N Q Q a) Q U L bD a1 E O E E O N O aJ i cn 0 O LA N U Q) Q a) E ca a) +J • V Q +J •L •L v 'L L - v 0 N C° � Q_ o bi0 U U a) L U ;-I L L Q) Q �„ bD z o aLO >. 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N N � O N E Q O :3 Ul) :O N 5 O N N Q U 0 O :O Ln u tz t� O r� V J xW O u �.} � W c0 0m RS - 4^^� 4� RS _ RS 4� U c� C!� b.A �4 xW Ou �o � W L M N x Cffl elide:) aad fJ J' Jr rx W V u �0 V U) W c0 0�Fn n J Lf1 L ii 06 L 0 ro 4-J O C6 U N tp W c W C6 C6 J (3) LL NO c 9 9 9 9 9 9 9 9 9 9 O^ O O O m w w m R* M N r-1 w s it s s O 06 �U 0 a-i U Ca L LL O CC a H LL dJ �X dJ Li r4 N aA ca C6 CL bn N a--+ N 0 a-j U a--+ U N N 0 LLI LLI LLI N O i O M LLI V 0 LLI LLI z LLI — O V 0 a� E N 4-0 ca LU In ui R 2 0 LLI — z a N W H 0 z LLI W aA i N LU O 0 i a--+ z ca ca i CL i C6 U i O C6 .2- E O LU 2 0 z 4- N U i O cn R I- i C cn G U dJ E Om N 0O4-1 4-1 N w O 0 (D C6 _0 'U C6 C6 4-1 N •o O ,� E = O E Q 'cn O E o U f6 ca j �a m � ' N v m O O ago O N }, m u ca = U o 4 O CL C i Ln +., o � c O j Ni Ln N i N +� —_ 4-j O Ln ca NO ca ca L7 v CL �o n � Ln o 4--0 CUO CAA 4-j v O O O ' — m a--+ o — j ' N " o ca 1 m N > }, N �ryi i ca +j +� v N N O U i N N C6 i i CC CL (B � O N Ca O �., O 1 lfl N i a-•+ •� o u N O O O O O O `� O O U LL m xW �U 0 �} U) W O Cl-m Q Cl ca O O O .0 oC:L Q a cn bn i a �- a � � x aA v a +., C: a Q bn 06 ca a s ++ i 0 Ci " 0 u E 4 3 ° v � ao _0 o (A a a Cl. O (1) ca ca U a1 a aJ N p p Qft N U LL ca N W 4-J-0 v 4-J v 0 U O Q E + Co V O U `n �- O- v o a v a v 'ao � i � U O w O O a� — O ° N Ca 0 co 4-0 E E U boq N E Ln N Q U a) U U J ca 'N a J 0 m° .C: LIT, — ,l O v s s v 01 ro -ci uri .I w m xw �0 L) U) w w Ln C6 ca O ca U N w ro N ro N N �C 16 C6 U m U i O Q ro O ate-+ 0 N N N O Q N Q Q ca a� Ln ca i Q ca U ate-+ .N i CL ca CL 06 Q CL aA Eo N N O iCL V 0� cc 97, ,O W TW O zw xD� c1-m 0* TORCHL,[CHT BIORES©URCES October 8, 2021 Her Worship Donna Noade Reardon Mayor City of Saint John 15 Market Square Saint John NB E2L 4L1 RE: COMMITMENTTO PROVIDE DOCUMENTATION AND REPORTS Dear Mayor Noade Reardon, TorchLight Bioresources and Rathco ENG have been in discussion with the City of Saint John Utilities and Infrastructure team and J.D. Irving Ltd. regarding completion of a district energy feasibility study. The feasibility study will consist of five major components: 1. Community -wide Master Plan 2. Class C engineering and costing of a district energy system covering the South Central Peninsula 3. Community engagement plan and activities 4. Triple Bottom Line project assessment, including multiple scenarios 5. Heat utility business plan, including financial projections and ownership, financing, and operations TorchLight and Rathco intend to apply for funding from Natural Resources Canada's Smart Renewables and Electrification Pathways (SREP) program to cover 100% of the feasibility study cash costs. Although TorchLight and Rathco will be the applicants for funding, we intend to complete the study as if the City of Saint John was the client. I am writing to commit TorchLight and Rathco to delivering the five major components of the feasibility study to the City of Saint John at no cost to the City, if the SREP funding is approved. We plan to work with your Utilities and Infrastructure team to design a project that meets the needs of the City of Saint John. Sincerely, Jamie Stephen, PhD Managing Director TorchLight Bioresources Inc. 1 397 Main Street, Mahone Bay, NS, Canada BOJ 2E0 Tel: +1-613-532-7079 1 Fax: +1-613-249-7487 1 Email: info@tlbio.com www.torchlightbioresources.com 0% Dear Natural Resources Canada Smart Renewables and Electrification Pathways Program, I am writing to request Natural Resources Canada fund the proposed feasibility study "Saint John District Energy: Industrial Waste Heat and Local Renewables", to be completed by Torchlight Bioresources and Rathco ENG. The City of Saint John is committed to working with Torchlight and Rathco to complete the feasibility study, which will be used to secure financing for District Energy System development in the event of an attractive feasibility study technical and business case. The City of Saint John Municipal Council has passed a resolution expressing moral support for the proposal and committing the City to in -kind support in the form of staff time, documents, and data. The City of Saint John is the oldest incorporated municipality in Canada and has been a national leader in innovation and community development. The City is committed to taking aggressive action to reduce greenhouse gas (GHG) emissions while ensuring affordable energy supply for its residents and businesses and encouraging economic development. With our City -owned electricity utility, Saint John Energy, combined with a strong heavy industrial economic base, the City of Saint John is well positioned to leverage existing assets and rapidly reduce GHG emissions. Our skilled workforce and manufacturing sector provides us with a competitive advantage in development of hard assets, such as district energy. In 2009-2011, the City of Saint John undertook an extensive assessment of district energy, including energy supply options, for some key buildings in Uptown (downtown core). Multiple district energy engineering firms were engaged to design a system that would use heat from the Irving Pulp and Paper plant and transmit this heat to the distribution network. Although the project was promising, no economic valuation of GHG reductions (i.e., no carbon price), combined with municipal financial challenges reduced the appetite of the 2011 Council to take on large capital projects, this resulted in the project being put on hold. Nevertheless, the City of Saint John has never lost sight of the value and potential of district energy to our city. Although district energy development, in support of decarbonization and energy security goals, is a very important strategic priority for the City of Saint John, the municipality is not in a financial position to fund the required feasibility study. While capital support is potentially available from the Investing in Canada Infrastructure Program to construct the system, we require a feasibility study to apply for funding. The City of Saint John has engaged with an experienced and knowledgeable delivery team that can supply us with the information we need to move to the next stage of development. Torchlight and Rathco have committed to assess the opportunity and design a system that meets the needs of the City of Saint John in a rapidly changing energy and climate policy environment. The City of Saint John will serve as the primary stakeholder (client) for Torchlight and Rathco as they complete the feasibility study, with Irving Pulp & Paper Limited's role that of optional energy supplier. This is based upon the recommendations of the previous district energy system development effort. We have received a signed commitment from TorchLight and Rathco that the report and all supporting maps, engineering, and financial analyses will be provided to the City of Saint John at no cost. It is the intention of the City of Saint John to include Saint John Energy in key technical and utility design discussions. Please treat the application from TorchLight Bioresources and Rathco ENG as you would an application from the City of Saint John. Sincerely, (r8�3 Z Z Lu p W O > LL O W J Q cc LLI m G W J N O N N O N � / z W W \ k \ � � -i 3 �3 0 rz k � E 2 / \ m 2 = e & % _ § .- 2 / .\ o t k o / LI) / u E � o 2 f 3 n % 3 o U Co ■ 4- 0 \ & 0 t to n \ \ / o m 2 / k / §4-1 ± \ � k .% / a - 2 2 / > / / ) \ .§ e 2 \ / o � ) _ E \ § n o = u �E 2 LO n E 0 2 Ul k � ro Z3 0 2 / & ¥ ° \ E .§ \ ° n � § Q) k \ .� 0 ¥ % e��' U ro " E ) t tn® \ m $ o c § 2 E E 0 o / \ m / It 2 0 U 0 (D 0 ro � m 0 \ / 0 .\ 2 n \ E 0 0 j 2 Ln 0 0- WMI.AF m_ E E e o = /tw y � R 0 � Q ./ 0 E 0 Q w \ e \ 2 / 2 / 2 E \ 0 0 > ± k 2 . @ o to LO 2 ° 5 o o ro % E 3 u a _ •_ e 0 •- \ ° \ U y = .§ / § 0 ro _ E n 0 / R 0 R a 0 _ 0 k $ \ 4-1 af Q z 0 .1 W � � k b $ y 2 � ± n Q) � 2 0 2 � % $ § ro / / \ k 2 / ro Q, 2 0 > / \ k § CL \ cl & _ ® / \ 2 0 & ./ � / / g o / L / 0 2 q •@ / / � / ± § 0 / > & \ \ d 0 / 0 \ \ o 7 « . _ \ e = o o 0 : 4- � 0 [ / / ) & / o u & 2 = @ U / E U & E 0 / 4- o & n ro \ g Ln §� 2 & \ o 0 0 \ R \ o ƒ "_ _ u ƒ 0 - 2 2 ro / f � ° \ \� 0 E R / 'E \ ro > w \ m % /o o \ .2 ? .» / / y E — 2 & 0 j E 2 ) \ § $ \ \ ± & _ \ _ 2 ) E § t � / •� / \ / � /: / 4 2 / § / n > = a)° t U $ / a f > E / / / , \ 2 } n = ? / o E � 0 � / / / f � q � 0 U. G taO O > Q) 4- N i O O ro c O U U f6 4 U N t a� V O U U ro Q N Q) c ru w a) O0O O O C i N E i VI LO N O ro U Y W E rB Q)O � O Z > O 0 E E Q)Q ~ O " N 0 E rB D v E� bA Q E E rB - O +� .E E C O OU O OU Q)O J O U i O w E O +' O s O 4J O p ro X rB +, Q +' +, + O +' kn Ul O LO Ln 4-j E O U + O C O O Q)i N v> E i Li O O O 0 U > Q)Ln C • Q) ro OL Q) U O •� > Ln Q)O 4- blo ro O Q O •� C 4J O O O a--� +.r � O O wx 66 — N Q r i iB > N +' (6 .- M i O 00 C m a-J Q� O v O U O 4- U O > fB n Q) �> U O t N Q Q C m 4- O ru Q)w O M LO v1 O U U L O w i U mQ) M Q� >� a) U D �, m(B (n E ON L, LU d J LOUUm LCU O Q) 0 W .� — Ln W �O Q) • i� I— U af W z W O 0 W 0 > � W LLI oqo 4D (3) _0 —� >c E—� z a)cz 3 v +� (� o ai E o c v v o o • a+ N O a+ cz L O N J V1 L O U :3 cN/1 >� Q Q C Q. ++ 2 N dJ O QJ +' N O N �CZ 4-, �^ wO E t O O X�O O O O C N Q•i O cz O O U CZ m N QJ Q C U _ N E m cn O cn 2 N • 0 Q N c6 -Q Q > cn O L O Ov w e N > � N N N i w E O cB O aA U }' I Q •L •3 O '� •L 1 V) Q 4Q •Q (z N ) CB C6 i ,C: O O of � C)O c C 4— 4- -O N 'i cB O ^' N L ai o v o v 0 OO o o }' an O Q C)-0 a� +' O > Q a Q aA `n N L > Q .v cB � O U O dJ v w U 'U .O O Q O Q w O O cn Q cB cn -0 Q cn dl i dJ cB .0 = fB O 4� O O 0)�_ Q }, O v N U 1 d U cB cn LL U_0 c O uj E N O O N U M N O N COMMON COUNCIL REPORT M&C No. MC 2021-282 Report Date October 13, 2021 Meeting Date October 18, 2021 Service Area Growth and Community Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT. Ethnocultural Grant Pilot Program OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. City Manager Chair of the Head Growth Committee Jennifer Jacqueline Hamilton John Collin Councillor Waldschutz/ Joanna Killen David Dobbelsteyn RECOMMENDATION That Common Council approve the policy statement for the Ethnocultural Grant Pilot Program. EXECUTIVE SUMMARY The City received $20,000 funding through the Succeed and Stay program to support the development of Ethnocultural Community Groups in Saint John. Staff are proposing to implement a simple grant program on a pilot basis to support the establishment, or further development of these groups. With Council adoption of the policy statement, staff will open the program for applications on a pilot basis until March 2022. PREVIOUS RESOLUTION Growth Committee Resolution: September 14t", 2021: That Growth Committee approves the Ethnocultural Small Grant Pilot Program in principle with a budget of up to $20,000 from the Succeed and Stay program, and that staff be directed to bring a policy statement and concept to Council for approval. P49191 STRATEGIC ALIGNMENT Growth and Prosperity "Saint John is recognized by residents and businesses as a positive and supportive city. We grow in a smart way and attract talent, innovation and opportunities so all people can thrive." SERVICE AND FINANCIAL OUTCOMES The cost for the program will be up to $20,000 with 80% being recovered through the Succeed and Stay agreement with the Federal and Provincial governments INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Staff also consulted with Envision Saint John, The Saint John Local Immigration Partnership Council, ACOA and the Province of New Brunswick ATTACHMENTS Ethnocultural Grant Pilot Program — Policy Statement — October 2021 Ethnocultural Small Grant Program - Growth Committee Presentation 231 Ethnocultural Grant Pilot Program Th C' e ity a ui J. n Policy Statement The City of Saint John Ethnocultural Grant Program is established to further the City's goal in becoming the most welcoming community in Canada. The program will provide financial support for the establishment or further development of an ethnocultural community group in Saint John, which is defined by the shared characteristics by the members of the group, specifically country of origin, or ancestry. Types of Support Available Ethnocultural Establishment Grant: Funding up to $1000 or In -Kind Support This is geared to a very new groups that want to become formally established and incorporated as a not -for profit. (3 Types of eligible support: Name Search; Not -for -profit -incorporation fees; form filling guidance; completing terms or reference; establishing a board of directors; room rentals for initial meetings including small catering expenses; marketing; setting up a bank account; purchasing cheques and necessary office materials Ethnocultural Awareness Grant: Funding up to $1500 This is geared toward groups that are formally established as a not -for -profit and want to promote their association or help potential new members find them. Types of eligible support: Creation of a website; web hosting fees; Graphic design for logo production; Support for creating a social media platform, promotion, or advertising expenses to attract new members City of Saint John: Ethnocultural Grant — Policy Statement — October 2021 I% 232 SAINT JOHN E � j o tko z O -4 L +� ° o O � N N 4 L C M(D E Q E Ln — — O U M E un O 0 m +-j V O w al N Q O a-J C N � +�-+ (D � N 4A N 4- a-1 N `0 ° � E •E N 4-N 4- W O-E cc E 0-O � 0-0 � v�iU N Q� � 4-j N N _N -0 O E � j M cn N O U �wo • O O rq � � O -j Z3 >,w �O� •0 O c! 0 'C O �caE L N QOE 0 E 0-1 u of 0 ��NCa },icni V) Q N w c Q mo- o 3 L O dA L 'L E i Q O �� u E O n O 0 ate--+ E-o a ° a~ U 4- > 0O +� a1 a-j E C ca E O UO 4(3-)J U L O (/) L ca UO L � O f6 Q V CC N U E +-+ O u O O N . N N - Q O 0 0 N -0 � O a) .� � ova a� 0 LL — ( W 0 L O Q) N f6 4-j d L L O y L v Z Q }' f6 4-j i N Z3 U Q U u Q O O CaA cn +-+ bn E 0 0 N E N O N 30 3 O 0 c O M +N+ O � � 41 O _0 t]A ate-J L ate+ LE p V ate+ E N U Q) 4--+ f6 O � 41 E c O E E O a- + a- + 4-j m _ L N a-J _0 O L a-J O -0 41 41 a) Q _I-_ O U v C: v }' f6 % Lco L co (n L L_0 0) Z3 -o E L Z3 N U v ate-J N f6 p +O+ O N 4-jo L 41 a) bn 3 � Q O U —_ L _ 41 4-j U U E ++ N L U N N N O N N (n .L E E a + N fB +' U fB a — E E U Q N O E O L i U = N O U N +' fB =3 a + CLO � E �} c N L U 0 fB L 4A O of O N N N Lr) 0 L 0 E E Q. o L O ++ Q O N cB =3 L O i U L 0 L 0 ++ U Q O ,� O Q� O cB bD o Q 3� i� -0 =bD Q L O uN W L N H 1 14 N Q x z c o +_+ o U_ = Q o Q ro U ' Q o f6 Q_0 Nbn � C6 '� Q � � Q a� c� U :3 4- ca r-I E L L o-+ Q Q U U = O 0 4 -+ v� U }' W i o 0 O o O U — oo—�c� a..� 4-j .u }' O N .0 = M a--+ (D O N O C0 rO � — C6 CU +, E ru ci U 4 U Cd U c� POE Z *11.140 - iU �Il a n w II INS JI� OCT 14 021 To: Mayor and Council of the City of Saint John Re: Move SJ Public Private Partnership Your Worship and Council, Transportation is the foundation of all economic growth and sustainability. Public transit is the cornerstone of any legitimate, forward thinking, transportation plan. The legality of the City's Public Private Partnership(PPP) responsible for the Move SJ 2018 municipal transportation plan is questionable: The private entity of Saint John Transit(SJT) did not participate. No transit plan, objective or strategy has been provided by SJT in over a decade Year after year, SJT has fallen far short of meeting any minimum industry standards yet nothing is done about it and no one is held accountable. The 2020 independent Transit Operational Audit identified a lack of creditable transit management which suggests either gross incompetence or deliberate action to conceal fraud on the part of SJT PPPs require a written contract to ensure against fraud and the misappropriation of funds to unfairly profit private interests at public expense. The legality of a private entity, with no written contract, municipally governed by a commission wholly comprised of inexperienced, short-term volunteers is questionable. It is unclear on what criteria transit decisions are based: • No public transit specialist is associated with SJT or the City Public and professional input is ignored • Long standing, officially documented SJT wrongdoing remains entirely unaddressed Public transit is a multi -million dollar annually funded essential service. The legality of the decades old SJT partnership with the City of Saint John must first be determined before Council approves funding for any Public Private Partnership. An independent legal review of SJT governance and operation is warranted. Please address. Respectfully, ��6 _—) Mary Ellen Carpen 41 Crown St. #207 Saint John, NB. E2L OE2 (506) 899-0519 About Person/Group Submitting First name Amy Last name Higgins Name of organization/group (where applicable) Saint John Trojans Rugby Football Club Mailing Address P.O. Box 6531, Station A. Saint John. E2K 4117 Telephone Email If you do not wish to have your personal information (address, phone number, email) become part of the public record, please check this box. Yes About your Submission Topic of submission Letter of Support for a CPRA Grant Application: Gender Equity in Recreational Sports Purpose for submission (what is the ask of council): We are asking for a Letter of Support from the City of Saint John in support of an application to the Canadian Parks and Recreation Association: Gender Equity in Recreational Sport: Community Grants Initiative 2021. The Saint John Trojans are submitting the request and will be responsible for execution. Executive summary Concussion research has historically occurred using male subjects, and in recent years more has been done to understand the incidence in female athletes. There has been a direct correlation in the relative lack of neck and core strength to a higher incidence of concussion. This has been shown to be more prevalent in female athletes as their training program tends to be more conditioning based versus strength. 30% of the players who responded to a pre -season SJ Trojans female athlete survey taken this past summer said that they have experienced a concussion in the past plus another 15% who said they had suspected one but never got it looked at. That is nearly 50% which is a bit alarming considering the average age of the athletes responding (20 years old). The sport of rugby overall has improved with World Rugby concussion training and "recognize and remove" protocols. The purpose of this project is to help the athletes to be in a stronger position to prevent the concussions from ever happening in the first place. Built into the grant application are: educational, baseline testing, and coaching for body position and strength training components. The funding requested will largely be spent on services within the Saint John area and benefit the athletes that largely reside there as well. September 28, 2021 Dear City of Saint John and Council: Saint John community members have come together to make improvements to the trail that connects Reversing Falls to Riverview Drive, a little known gem of a trail that connects the Lower West to the Harbour Passage. This trail has so much potential, but it is in need of some TLC. Our first community volunteer day was held on September 19th. A group of approximately 30 volunteers showed up willing to lend a hand to cut back vegetation and improve drainage. The support of the City's Green Machine and the SJ Tool Library were instrumental and we are very appreciative. For the next phase, we need to rebuild parts of the trail that have been washed away by erosion. In order to accomplish this, we will need to add a significant amount of quarter minus gravel. We have costed this out, and one load of 8 tonnes of quarter minus gravel, plus taxes and delivery is $230. We are requesting that the city purchases three loads ($690 in total). We are able to organize volunteers to do the labour, we are simply in need of the material. Thank you for your consideration. Carrie Tanasichuk, Nick Cameron, Bryan Wilson, Dean Price P►z191 r'`�Jr,J f. �[I 1 M&C No. 2021-280 Report Date October 13, 2021 Meeting Date October 18, 2021 Service Area Corporate Services SUBJECT. South Willow Developments Ltd. Agreement of Purchase and Sale EXECUTIVE SUMMARY OF COMMITTEE OF THE WHOLE REPORT FOR OPEN SESSION OF COUNCIL The City of Saint John (the "City") markets land for sale in two industrial parks; Spruce Lake in west Saint John and McAllister in east Saint John, with any proposed Agreement of Purchase and Sale to be approved by Common Council. In 2016, Saint John Industrial Parks Ltd. sold a 5 acre +/- parcel of land to South Willow Developments Ltd. ("SWDL") in the McAllister Industrial Park for the purpose of building a facility to be leased to the Federal Government. SWDL is interested in acquiring additional land to accommodate a potential expansion of the existing use. SWDL has asked the City for approximately 2 acres of side lot. The purpose of this report is to seek authority for the City to enter into a Purchase and Sale Agreement with SWDL for the sale of approximately 2 acres of land in the McAllister Industrial Parks. COUNCIL RESOLUTION That the City of Saint John enter into an Agreement of Purchase and Sale with South Willow Developments Ltd. in the form as presented to Committee of the Whole at its October 181", 2021 meeting, and further that the Mayor and City Clerk be authorized to execute the said Agreement of Purchase and Sale and any document ancillary thereto. W."r:21 M&C No. 2021-281 Report Date October 13, 2021 Meeting Date October 18, 2021 Service Area Corporate Services SUBJECT. Malta Inc. Option Agreement EXECUTIVE SUMMARY OF COMMITTEE OF THE WHOLE REPORT FOR OPEN SESSION OF COUNCIL The City of Saint John (the "City") markets land for sale in two industrial parks; Spruce Lake in west Saint John and McAllister in east Saint John with any proposed Agreements of Purchase and Sale and associated matters to be approved by Common Council. City staff have been working with an energy storage systems developer over the past several months to support their land requirements for a potential facility. The proponent has been working with the provincial energy utility and major industrial power users in east Saint John to establish a facility that effectively acts like a super battery. The land requirement is for a minimum of 15 acres and due to the nature of the business and activity, the project must be placed in an industrial setting. The purpose of this report is to seek authority for the City to enter into an Option Agreement with Malta Inc. for the sale of a 30 acre +/- parcel of land in the McAllister Industrial Park. COUNCIL RESOLUTION That the City enter into an Option Agreement with Malta Inc. in the form as presented to Committee of the Whole at its October 18, 2021 meeting, regarding the purchase of a 30 acre +/- parcel of land in the McAllister Industrial Park and that the Mayor and City Clerk be authorized to execute the said Option Agreement and any document necessary to effect said Option.