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2022-06-27_Agenda Packet--Dossier de l'ordre du jour�B City of Saint John Common Council Meeting AGENDA Monday, June 27, 2022 6:00 pm 2nd Floor Common Council Chamber, City Hall An Electronic means of communication will be used at this meeting. The public may attend the meeting in person in the Council Chamber or view the meeting on the City's Website (wwwsaintjohn.ca) or on Rogers TV. Pages 1. Call to Order 1.1. Land Acknowledgement 1.2. National Anthem 2. Approval of Minutes 2.1. Minutes of June 13, 2022 4 - 14 3. Approval of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1. Assent to Money In Lieu of Land for Public Purposes - Lot 22-1 Mcllveen Drive 15 - 19 (Recommendation in Report) 5.2. Project Contributions From LPP Trust Fund (Recommendation in Report) 20 - 56 (Updated report moved to Item 12.2) 5.3. Cancellation of a Public Hearing — Wild Fox Drive/Manawagonish Road 57 - 58 (Recommendation in Report) 5.4. Contribution Agreement for funding under the ICF — Adapting and reimagining 59 - 93 community spaces (CCRF) (Recommendation in Report) 5.5. 2022-080301 P — Janitorial Services (Recommendation in Report) 94 - 96 5.6. IBM Client Relationship Agreement and Technical Services (Recommendation 97 - 111 in Report) 5.7. Annual Laserfiche Software Assurance Plan Renewal (Recommendation in 112 - 116 Report) 6. Members Comments 7. Proclamation 8. Delegations / Presentations 8.1. Sculpture Saint John 2022 117 - 134 9. Public Hearings - 6:30 p.m. 10. Consideration of By-laws 10.1. Zoning By -Law Amendment with Section 59 Conditions - 990 Fairville 135 - 140 Boulevard (3rd Reading) 10.2. Parking By -Law Amendment - QR Code Payment Method (1 st and 2nd 141 - 146 Reading) 10.3. Vehicle for Hire By -Law Amendments (3rd Reading) 147 - 183 11. Submissions by Council Members 11.1. Gregory Zed Suicide Prevention Presentation Request (Councillor Radwan) 184 - 184 11.2. Adoringly Shire Presentation (Councillor Sullivan) 185 - 185 12. Business Matters - Municipal Officers 12.1. Initiatives Plan 2022 - June Update 186 - 203 12.2. Updated: Project Contributions from LPP Trust Fund 204 - 240 13. Committee Reports 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 15.1. PRO Kids - Request to Present 241 - 242 K 15.2. Third Space - Ticket Purchase Request 243 - 244 16. Supplemental Agenda 17. Committee of the Whole 17.1. Memorandum of Understanding and Non -Disclosure Agreement with Malta 245 - 246 Inc. 17.2. Request for Quit Claim Deed - 411 City Line 247 - 247 17.3. Funding Offer - Atlantic Canada Opportunities Agency - Project No: 219688 248 - 248 17.4. Nominating Committee - Recommended Appointments to ABCCs 249 - 250 17.5. Assignment of Lease re Sister's Italian Foods - City Market 251 - 252 18. Adjournment K Ville de Saint John Reunion ordinaire du Conseil municipal Lundi 27 juin 2022, 18 h Salle du Conseil, 2e etage de I'H6tel de Ville Un moyen de communication electronique sera utilise lors de cette reunion. Le public peut assister a la reunion en personne, clans la salle du Conseil, ou par le biais du site Web de la Ville (www.saintiohn.ca) ou de Rogers TV Comite plenier 1. Ouverture de la seance Si vous souhaitez obtenir des services en frangais pour une seance du Conseil municipal, veuillez communiquer avec le bureau du greffier municipal, 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 du 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 — Seance a huis clos du Comite plenier — Salle de conference du 2e etage 1.1 Approbation du proces-verbal — paragraphe 68(1) 1.2 Question liee aux finances — alinea 68(1)c) 1.3 Question de nature juridique — alinea 68(1)g) 1.4 Question liee aux finances — alinea 68(1)c) 1.5 Question liee aux biens-fonds — alinea 68(1)d) 1.6 Question liee aux finances — alinea 68(1)c) 1.7 Question de travail et d'emploi — alinea 68(1)j) 1.8 Question liee a des renseignements personnels — alinea 68(1)b) 1.9 Comite des nominations— alinea 68(1)b) 1.10 Question liee a une entente ou a un contrat — alinea 68(1)c) 1.11 Question de travail et d'emploi — alinea 68(1)j) Reunion ordinaire 1. Ouverture de la seance 1.1 Reconnaissance des territoires 1.2 Hymne national 2. Approbation du proces-verbal 2.1 Approbation du proces-verbal de la reunion du 13 juin 2022 3. Adoption de I'ordre du jour 4. Divulgations des conflits d'interets 5. Resolutions en bloc 5.1. Autorisation de I'octroi d'un montant d'argent en remplacement de terrains d'utilite publique — Lot 22-1, promenade Mcllveen (Recommendation contenue clans le rapport) 5.2 Contributions au projet provenant du Fonds fiduciaire pour les terrains d'utilite publique «deplace au point 12.2» 5.3 Annulation d'une audience publique — promenade Wild Fox / chemin Manawagonish (Recommendation contenue clans le rapport) 5.4 Accord de contribution pour le financement clans le cadre d'ICF —Adapter et repenser des espaces communautaires (FCRC) (Recommendation contenue clans le rapport) 5.5 2022-080301P — Services de conciergerie (Recommendation contenue clans le rapport) 5.6 Contrat de relation client IBM et services techniques (Recommendation contenue clans le rapport) 5.7 Renouvellement annuel du plan d'assurance qualite logicielle Laserfiche (Recommendation contenue clans le rapport) 6. Commentaires des membres 7. Proclamation 8. Delegations/Presentations 8.1 Sculpture Saint John 2022 9. Seance publique 10. Examen d'arretes municipaux 10.1 Modification de I'Arrete de zonage avec conditions de I'article 59 — 990, chemin Fairville (troisieme lecture) 10.2 Modification de I'Arrete concernant le stationnement — Methode de paiement par code QR (premiere et deuxieme lecture) 2 10.3 Modifications de I'Arrete concernant les vehicules de location (troisieme lecture) 11. Soumissions des membres du Conseil 11.1 Demande de presentation de Gregory Zed sur la prevention du suicide (conseillere Radwan) 11.2 Presentation d'Adoringly Shire (conseiller Sullivan) 12. Questions de gestion interne — agents municipaux 12.1 Plan d'initiatives 2022 — Mise a jour de juin 12.2 Contributions au projet provenant du Fonds fiduciaire pour les terrains d'utilite publique ((actualise)) 13. Rapports des comites 14. Examen de questions non visees par les resolutions en bloc 15. Correspondance generale 15.1 PRO Kids — Demande de presentation 15.2 Third Space — Demande d'achat de billets 16.Ordre du jour supplementaire 17. Comite plenier 17.1 Protocole d'accord et accord de non-divulgation avec Malta Inc. 17.2 Demande d'acte de renonciation —411 City Line 17.3 Offre de financement — Agence de promotion economique du Canada atlantique — Project no : 219688 17.4 Comite des candidatures — Nominations recommandees aux ABCC 17.5 Cession de bail concernant Sister's Italian Foods — City Market 18. levee de la seance K3 COMMON COUNCIL / CONSEIL COMMUNAL June 13th, 2022 / le 13 juin 2022 The City of Saint job n MINUTES — REGULAR MEETING COMMON COUNCIL OF THE CITY OF SAINT JOHN JUNE 13, 2022, AT 6:00 PM 2ND FLOOR COMMON COUNCIL CHAMBER, CITY HALL An Electronic means of communication will be used at this meeting. The public may attend the meeting in person in the Council Chamber or view the meeting on the City's Website (www.saintjohn.ca) or on Rogers TV. Present: Also Present Mayor Donna Noade Reardon Deputy Mayor John MacKenzie via electronic participation 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 Director Legal Services J. Boucher 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 Deputy Clerk P. Anglin Administrative Officer R. Evans C! COMMON COUNCIL / CONSEIL COMMUNAL June 13th, 2022 / le 13 juin 2022 1. Call to Order Councillor Norton read aloud the Land Acknowledgement and called for a moment of reflection. "The City of Saint John/Menaquesk is situated is the traditional territory of the Wolastoqiyik/Maliseet.The Wolastoqiyik/Maliseet along with their Indigenous Neighbours, 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 The 438 Squadron Royal Canadian Air Force (RCAF) Band performed O Canada via video recorded during the Freedom of the City for 403 Helicopter Operational Training Squadron Royal Canadian Air Force held Sunday June 12t", 2022. 2. Approval of Minutes 2.1 Minutes of May 30, 2022 Moved by Councillor Hickey, seconded by Councillor Killen: RESOLVED that the minutes of May 30th be approved. MOTION CARRIED. 3. Approval of Agenda RESOLVED that the agenda for June 13th, 2022, be adopted with the addition of the following item from the Committee of the Whole: 17.1 City Market Lease with Saint John Bakery Ltd. 4. Disclosures of Conflict of Interest Councillor Killen disclosed a conflict of interest with item 17.1 City Market Lease with Saint John Bakery Ltd. 5. Consent Agenda 5.1 That as recommended in the submitted report M&C 2022-203: Appointment of a Heritage Officer pursuant to the Heritage Conservation Act, Common Council appoint Mr. Nilton Lin as a Heritage Officer for the City of Saint John pursuant to Section 54 ofthe New Brunswick Heritage Conservation Act. 5.2 That as recommended in the submitted report M&C 2022-205: Proposed By -Law Amendment - Heritage Conservation Areas By -Law, Common Council set the public hearing date of July 11, 2022, to consider an amendment to the Heritage Conservation Areas By -Law concerning the removal of 111-119 King Street East from the King Street East Heritage Conservation Area. 61 COMMON COUNCIL / CONSEIL COMMUNAL June 13th, 2022 / le 13 juin 2022 5.3 That as recommended in the submitted report M&C 2022-206: Proposed By -Law Amendment - Heritage Conservations Area By -Law, Common Council set the public hearing date of July 11, 2022, to consider an amendment to the Heritage Conservation Areas By -Law concerning the renewal of Heritage Permits. 5.4 That as recommended in the submitted report M&C 2022-211: Vehicle for Hire By - Law Rates, the Saint John Transit Commission recommends Common Council approve the following amendments to the Vehicle for Hire By-law rates in Schedule B of the By-law as follows: • Changing the Distance Rate from $1.10 to $1.65, and • Changing the Waiting Rate from $.083 for every 10 seconds to $.138 for every 10 seconds to match the Hourly Rate. 5.5 That as recommended in the submitted report M&C 2022-204: Proposed Public Hearing Date - 100 Boars Head Road and 13 Queen Square North/170 Charlotte Street, Common Council schedule the public hearing for the Zoning By-law rezoning application submitted by Rehabitat Inc. for 100 Boars Head Road (PID 00042622) and exp. for 13 Queen Square North and 170 Charlotte Street (PIDs: 00005140, 00003921, 00006668, 00361352 and part of 00003939) for Monday, August 22, 2022 at 6:30 p.m. at the Council Chamber, City Hall 2nd floor, 15 Market Square, Saint John, NB. 5.6 That as recommended in the submitted report M&C 2022-215: Bell Ethernet Connection Location Change, the City enter into Amendment 1 to Bell Ethernet Services Schedule with Bell Aliant in the form attached to M&C No. 2022-215; and that the Mayor and City Clerk be authorized to execute said Amendment and any documents ancillary thereto. 5.7 That as recommended in the submitted report M&C 2022-197: Plug -In NB Charging Rebates for Business Rebate Initiative Project - Participation Agreement, the City enter into a Participation Agreement with the New Brunswick Power Corporation ("NB Power") for financial rebates towards the installation of electric vehicle charging infrastructure in the form attached to M&C No. 2022-197; and that the Mayor and City Clerk be authorized to execute said Agreement and any documents ancillary thereto. 5.8 That as recommended in the submitted report M&C 2022-200: Fallsview Drive Traffic Calming Referral Response, Common Council consider M&C 2022-200 as being resolution to a referral motion to the City Manager related to Fallsview Drive presented at the May 16, 2022, Common Council meeting. 5.9 That as recommended in the submitted report M&C 2022-214: Highway Usage Permit (HUP) - Gateway Operations Limited - Application 2022-002 (City of Saint John - Rockland Road Exit 123 WB Area), the City enter into Highway Usage Permit ("HUP") No. 2022-002 with Gateway Operations Limited in the form attached to M&C No. 2022-214; and that the Mayor and City Clerk be authorized to execute said HUP and any documents ancillary thereto. 5.10 That as recommended in the submitted report M&C 2022-198: Roof Rehabilitation C.1 COMMON COUNCIL / CONSEIL COMMUNAL June 13th, 2022 / le 13 juin 2022 - Municipal Operations Complex: 175 Rothesay Avenue, the tender submitted by J. E. Wilson Roofing Co. Ltd, for the Roof Rehabilitation at Municipal Operations Complex in the amount of $141,597 (plus HST) be accepted; and that the Mayor and City Clerk be authorized to execute the necessary contract documents. 5.11 That as recommended in the submitted report M&C 2022-210: Annual Bids for Sodium Hydroxide for Water Treatment, notwithstanding the terms of the Project Agreement between the City and Port City Water Partners dated February 4, 2016 respecting Chemical Unit Price Refresh, the City allow Port City Water Partners to proceed with a Chemical Unit Price Refresh quarterly for a one-year period commencing in June 2022 for the supply of sodium hydroxide for the Loch Lomond Drinking Water Treatment Facility. 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 World Kidney Cancer Day - June 16, 2022 The Mayor declared June 16, 2022, as World Kidney Cancer Day in the City of Saint John. 8. Delegations/Presentations 8.1 Canada Games Aquatic Centre Revitalization Public Engagement Amy McLennan, CGAC General Manager, provided an overview of the Aquatic Centre's public engagement process. Moved by Councillor Killen, seconded by Councillor Harris: RESOLVED that the update from the Canada Games Aquatic Centre be received for information. MOTION CARRIED. 9. Public Hearings - 6:30pm 9.1 Proposed Zoning ByLaw Amendment with Planning Advisory Committee report recommending rezoning and Staff Presentation — 990 Fairville Boulevard (1 st and 2nd Reading) Commissioner Hamilton introduced the proposed amendment to the Zoning By -Law which would rezone a parcel of land having an area of approximately 1.02 hectares, located at 990 Fairville Boulevard from Regional Commercial (CR) to Regional Commercial Residential (CR-R) to permit a mixed -use development. Staff and PAC are aligned and recommend approval. r� COMMON COUNCIL / CONSEIL COMMUNAL June 13th, 2022 / le 13 juin 2022 Mayor Noade Reardon called the Public Hearing to order The Mayor called for members of the public to speak against the rezoning with no one presenting. The Mayor called for members of the public to speak in favour of the rezoning. Mr. Peter MacKenzie, of Comeau MacKenzie Architecture appeared before Council stating he agreed with the staff recommendation. Mayor Noade Reardon called the Public Hearing. Moved by Councillor Sullivan, seconded by Councillor Lowe: 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 1.02 hectares, located at 990 Fairville Boulevard, also identified as PID 00403378, from Regional Commercial (CR) to Regional Commercial Residential (CR-R), 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 Harris, seconded by Councillor Stewart: 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 1.02 hectares, located at 990 Fairville Boulevard, also identified as PID 00403378, from Regional Commercial (CR) to Regional Commercial Residential (CR-R), be read a second time. MOTION CARRIED. Read a second time by title, the by-law entitled "A Law to Amend the Zoning By -Law of The City of Saint John." 10. Consideration of By -Laws 10.1 Proposed Municipal Plan Amendment — 1461 Manawagonish Road Moved by Councillor Sullivan, seconded by Councillor Radwan: RESOLVED that the proposed Municipal Plan By -Law amendment regarding 1461 Manawagonish Road be referred to the Planning Advisory Committee for a report and recommendation and the necessary advertising be authorized with a Public Hearing to be held on August 22, 2022, at 6:30 p.m. in the Council Chamber. MOTION CARRIED. 10.2 Vehicle for Hire By -Law Amendments (1 st and 2nd Reading) E:3 COMMON COUNCIL / CONSEIL COMMUNAL June 13th, 2022 / le 13 juin 2022 Consideration was given to the submitted report M&C 2022-212: Vehicle for Hire By -Law Amendments. Moved by Councillor Lowe, seconded by Councillor Sullivan: RESOLVED that the by-law entitled "By -Law Number M-12 A By -Law respecting the Regulation and Licensing of Owners and Operators of Vehicles for Hire in The City of Saint John" which will incorporate improvements to the by-law wording; streamline regulation; align the by-law with similar by-laws in other jurisdictions; operationalize changes approved by Council; and general administrative updates, be read a first time. MOTION CARRIED. Read a first time by title, the by-law entitled "By -Law Number M-12 A By -Law respecting the Regulation and Licensing of Owners and Operators of Vehicles for Hire in The City of Saint John." Moved by Councillor Lowe, seconded by Councillor Harris: RESOLVED that the by-law entitled "By -Law Number M-12 A By -Law respecting the Regulation and Licensing of Owners and Operators of Vehicles for Hire in The City of Saint John" which will incorporate improvements to the by-law wording; streamline regulation; align the by-law with similar by-laws in other jurisdictions; operationalize changes approved by Council; and general administrative updates, be read a second time. MOTION CARRIED. Read a second time by title, the by-law entitled "By -Law Number M-12 A By -Law respecting the Regulation and Licensing of Owners and Operators of Vehicles for Hire in The City of Saint John." 10.3 Traffic By -Law Amendment (31d Readin Moved by Councillor Hickey, seconded by Councillor Killen: RESOLVED that the by-law entitled "By -Law Number MV-10.1 A By -Law respecting the Traffic on Streets in the City of Saint John and amendments thereto" adding Section 16(9) and 16(10); repealing subsection 22(2); amending Schedule "C"; repealing and replacing Schedule "G"; adding Schedule "G-2"; amending Schedule "L"; repealing and replacing Schedule "Q"; and repealing Schedule "Q-1", be read in summary. MOTION CARRIED. In accordance with the Local Governance Act sub -section 15(3), the by-law entitled, "By - Law Number MV-10.1 A By -Law respecting the Traffic on Streets in the City of Saint John and amendments thereto" was read in summary only. Moved by Councillor Hickey, seconded by Councillor Killen: RESOLVED that the by-law entitled "By -Law Number MV-10.1 A By -Law respecting the Traffic on Streets in the City of Saint John and amendments thereto" adding Section 16(9) and 16(10); repealing subsection 22(2); amending Schedule "C"; repealing and replacing Schedule "G"; adding Schedule "G-2"; amending Schedule "L"; repealing and replacing Schedule "Q"; and repealing Schedule "Q-1", be read a third time, enacted and the Corporate Common Seal affixed thereto. COMMON COUNCIL / CONSEIL COMMUNAL June 13th, 2022 / le 13 juin 2022 MOTION CARRIED Read a third time by title, the by-law entitled, "By -Law Number MV-10.1 A By -Law respecting the Traffic on Streets in the City of Saint John and amendments thereto." 11. Submissions by Council Members 11.1 Updates on Tax Reform and Municipal Reform (Councillor Radwan) Moved by Councillor Radwan, seconded by Councillor Killen: RESOLVED that the City Manager be directed to provide updates in open session of Council on select catalytic projects and advocacy on the first Council meeting Monday of each month. MOTION CARRIED with Deputy Mayor MacKenzie and Councillors Stewart and Sullivan voting nay. 12. Business Matters -Municipal Officers 12.1 10-Year Strategic Plan Stephanie Rackley Roach, Director of Corporate Performance and Chief Information Officer, provided an overview of the 10-Year Strategic Plan. Moved by Councillor Harris, seconded by Councillor Ogden: RESOLVED that as recommended in the submitted report 10 — Year Strategic Plan, M&C 2022-213: a) Members of Common Council provide feedback on the Draft 10-Year Strategic Plan to the Staff Working Group by June 30, 2022, for consolidation and onward consideration of the Steering Committee. b) The City Manager be directed to continue to receive public input through the Shape Your City engagement platform and other means as planned for consolidation and onward consideration of the Steering Committee. c) The City Manager be directed to conduct a resource estimate and provide recommendations to the Steering Committee on adjusted actions as required. d) The City Manager be directed through the Staff Working Group and the Steering Committee to continue the development of the 10-Year Strategic Plan and return to Council no later than October 17, 2022, with a final draft. MOTION CARRIED. 12.2 Transforming Transit Ian Fogan, Director of Transit and Fleet, provided a presentation on transforming the Saint John Transit system. iN COMMON COUNCIL / CONSEIL COMMUNAL June 13th, 2022 / le 13 juin 2022 Moved by Councillor Harris, seconded by Councillor Lowe: RESOLVED that the submitted presentation entitled Transforming Transit be received for information. MOTION CARRIED. 12.3 Update on New Solid Waste Collection Model Implementation Tim O'Reilly, Director of Public Works and Transportation, provided an update on the City's new solid waste collection model implementation. Moved by Councncillor Harris, seconded by Councillor Hickey: RESOLVED that the submitted report M&C 2022-209: Update on New Solid Waste Collection Model Implementation be received for information. MOTION CARRIED. 13. Committee Reports 13.1 Public Safety Committee (Verbal Update) Chair of the Public Safety Committee Councillor Hickey provided a verbal update with respect to the May 11t" committee meeting. Councillor Hickey stated the committee was presented with three safety review assessments, which included: • The City of Saint John Sunshine Program, which received a 94% conformity score on the assessment tool; • Fire code inspections, which received a 77% conformity score on the assessment tool; • Use of Technology to Improve Sidewalk safety, which received a 75% conformity score on the assessment tool. In addition, the committee received the following presentations: • Police Service use of body cameras policy; • The City's obligations under the Emergency Measures Act and the Emergency Measures By-law; • Overview of the Saint John Salvage Corps. Moved by Councillor Killen, seconded by Councillor Stewart: RESOLVED that the update from the Public Safety Committee be received for information. MOTION CARRIED. 13.2 Finance Committee: 2021 Audited Financial Statements Chair of the Finance Committee Councillor Sullivan introduced the 2021 Audited Financial Statements and introduced the City's auditor Steve Lund. The 2021 audit is now completed, and the City of Saint John received a clean audit statement for the year. 8 11 COMMON COUNCIL / CONSEIL COMMUNAL June 13th, 2022 / le 13 juin 2022 Councillor Sullivan provided the following information: • The City's Long Term Financial plan has been working, the City's net debt is down to $159 million from the City's $300 million debt in 2014. • The debt from the General Fund is currently less than $90 million from a high of $114 million in 2014. • Debt from Saint John Water is approximately $82 million from a high of $107 million in 2017. • The City has a balance of over $33 million in its reserve funds as compared to no reserve funds in 2015. • The 2021 General Fund ended with a surplus of approximately $1.7 million and Saint John Water with a surplus of $1.5 million. • The City presently has $111 million of debt that must be repaid over the next 5 years. • The City continues to have an infrastructure deficit. Moved by Councillor Sullivan, seconded by Councillor Radwan: RESOLVED that as recommended by the Finance Committee in the submitted report M&C 2022-202: 2021 Audited Financial Statements, Common Council approve the following: • The audited 2021 Consolidated Financial Statements. • The 2021 statement of revenue and expenses of the Saint John Trade & Convention Centre. • The 2021 City of Saint John Trust Funds financial statements. • The 2021 Saint John Parking Commission financial statements. MOTION CARRIED. 14. Consideration of Issues Separate from Consent Agenda 15. General Correspondence 15.1 M. Bell: Food Insecurity in Saint John (Recommendation: Refer to City Manager for staff engagement with the originator) Moved by Councillor Stewart, seconded by Councillor Harris: RESOLVED that the letter from M. Bell be referred to the City Manager for staff engagement with the originator. MOTION CARRIED. 15.2 Request to Present - Sculpture Saint John Symposium (Recommendation: Refer to the Clerk to schedule) Moved by Councillor Radwan, seconded by Councillor Harris: RESOLVED that the request to present from Sculpture Saint John Symposium be referred to the Clerk to schedule. MOTION CARRIED. 15.3 J. Bond - Ban on Flyers (Recommendation: Receive for Information) 12 COMMON COUNCIL / CONSEIL COMMUNAL June 13th, 2022 / le 13 juin 2022 The Mayor noted this matter had previously been referred to the City Manager and that a report back to Council on this topic is scheduled for the fall of 2022. Moved by Councillor Sullivan, seconded by Councillor Stewart: RESOLVED that the letter from J. Bond be received for information. MOTION CARRIED. 15.4 D. Darling - Legislation on Heavy Industry Bill 117 (Recommendation: Receive for Information Moved by Councillor Killen, seconded by Councillor Hickey: RESOLVED that the letter from D. Darling be received for information. MOTION CARRIED. 15.5 P. Thirkell - Active Transportation- Request to Present (Recommendation: Refer to City Manager for staff engagement with the originator Moved by Councillor Harris, seconded by Councillor Hickey: RESOLVED that the letter from P.Thirkell be referred to the City Manager for staff engagement with the originator. MOTION CARRIED. 16. Supplemental Agenda 17. Committee of the Whole Councillor Killen withdrew from the meeting. 17.1 City Market Lease with Saint John Bakery, Ltd. Moved by Councillor Hickey, seconded by Councillor Norton: RESOLVED that as recommended by the Committee of the Whole, having met on June 13, 2022, the City enter into a Lease for Stalls B & C and ancillary spaces in the City Market with Saint John Bakery Ltd., under the terms and conditions as set out in the Lease submitted with M&C 2022-208; and RESOLVED that the Mayor and City Clerk be authorized to execute any necessary documents. MOTION CARRIED. 18. Adjournment Moved by Councillor Lowe, seconded by Councillor Norton: RESOLVED that the meeting of Common Council held on June 13th, 2022, be adjourned. MOTION CARRIED. 10 13 COMMON COUNCIL / CONSEIL COMMUNAL June 13th, 2022 / le 13 juin 2022 The Mayor declared the meeting adjourned at 8:50 p.m. 11 14 D '� r r I l jl COMMON COUNCIL REPORT M&C No. 2022-224 Report Date June 20, 2022 Meeting Date June 27, 2022 Service Area Growth and Community Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT: Assent to Money In Lieu of Land for Public Purposes City of Saint John Subdivision - Lot 22-1 Mcllveen Drive AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Mark Reade Jacqueline Hamilton I John Collin RECOMMENDATION That Common Council assent to money -in -lieu of Land for Public Purposes for the proposed City of Saint John Subdivision on Mcllveen Drive (Lot 22-1). EXECUTIVE SUMMARY The City is subdividing a portion of a large parcel of land on Mcllveen Drive in the McAllister Industrial Park to be sold to accommodate a development. The subdivision requires the assent of Common Council for money -in -lieu of Land for Public Purposes. Council assent is recommended. A streamlined approach to the assent to future subdivisions requiring money -in - lieu of Land for Public Purposes is also outlined in the report. This streamlined approach will reduce approval timelines related to these subdivision applications. PREVIOUS RESOLUTION On, February 7, 2022, Common Council adopted a recommendation that the City enter into a Purchase and Sale Agreement with Liam McDonough for a 1.85 acre +/- portion of PID 337386 in the McAllister Industrial Park and that the Mayor and City Clerk be authorized to execute the Said Agreement of Purchase and Sale and all documents necessary to effect the land transaction. REPORT Legislative Framework The Subdivision By -Law, consistent with jurisdiction provided in the Community Planning Act, requires developers subdividing land to provide Land for Public Purposes (LPP) or money -in -lieu of Land for Public Purposes in conjunction with the subdividing of land involving the creation of new lots. The provision of land or money -in -lieu of land are intended to address the recreation needs of future residents. 15 -2- An important input into the development of the City's current Subdivision By - Law and its approach to LPP was the City of Saint John Parks and Recreation Strategic Plan (PlaySJ) which determined the City has significantly more parkland than is necessary to meet the recreational needs of Saint John residents. As a result, LPP dedications are provided in the form of money in -lieu in most cases, with land only acquired in limited instances such as active transportation connections identified in the Trails and Bikeways Strategic Plan. Money -in -lieu requirements are calculated based on the Service New Brunswick assessed value of the land prior to its development. Money -in -lieu of Land for Public Purposes is placed in a special trust account in accordance with the Community Planning Act and can only be utilized for acquiring or developing Land for Public Purposes. These monies can either be used by the City directly or be provided to community groups through a grant process. The Land for Public Purpose dedication requirement applies to all lands being subdivided regardless of their zoning. This requirement came into effect with the adoption of the current Subdivision By -Law in 2016. Prior to this, the Subdivision By -Law in effect between 1995 and 2016 only required a land for public purposes dedication for subdivisions involving lands having residential, park, or rural zoning. Prior to 1995, the by-law requirement was consistent with the current approach, requiring LPP dedications for lands in all zoning classifications, including industrial and commercial properties. The approach taken by the current by-law of requiring either a land or money in lieu of public purposes dedication for all subdivisions, regardless of zoning classification, is in line with the approach taken by other larger New Brunswick municipalities. This approach serves as an important tool in leveraging resources for community improvements to the City's open space network. While development applications normally come to Common Council in the form of a recommendation from the City's Planning Advisory Committee, the adoption of the current Subdivision By -Law, with the extension of the requirement for money -in -lieu of Land for Public Purposes to single lot subdivisions and lands having zoning other than residential has led to an increased number of subdivision applications which require Common Council's assent to money -in - lieu of Land for Public Purposes. Given this increased volume of applications requiring only Common Council assent of money -in -lieu of Land for Public Purposes, Staff have reviewed the process for these applications and have developed a process improvement to reduce the processing time for these applications. The prior process involved preparation of a Staff Report to the Planning Advisory Committee and a subsequent recommendation from the Committee to Common Council to accept money -in -lieu of Land for Public Purposes. This involved the -3- item being on the agenda of a Planning Advisory Committee meeting, preparation of a staff report and presentation, mailing of written notification to landowners within 100 metres of the subject site, and preparation of a recommendation letter from the Chair of the Committee. This process was followed as there were often other approvals required which involved a recommendation from the Planning Advisory Committee to Common Council such as a rezoning or assent to the location of a Public Street. Section 75 (1)(g) of the Community Planning Act provides that the acceptance of money -in -lieu of LPP is at the discretion of Council. Given this, the legislative jurisdiction exists for a new, streamlined approach. The new approach is anticipated to reduce approval times for these subdivision applications by between one to two months by eliminating the requirement for these applications to go before the City's Planning Advisory Committee. This new approach has been developed with input from the General Counsel's Office. Staff note that should an application involve the acquisition of land to be developed as Land for Public Purposes, these situations will still involve a recommendation from PAC as required by the Community Planning Act. Current Application The current application involves the subdivision of a parcel of land, approximately 0.75 hectares in area, from a larger City -owned parcel located along Mcllveen Drive in the McAllister Industrial Park. The lot will be sold to a company who will construct and operate a landscaping business. The proposed lot, shown as Lot 22-1 on the attached subdivision plan, meets the requirements of the Medium Industrial (IM) zone and the Subdivision By -Law. Parks and Recreation Services concurs with the acceptance of money -in -lieu of Land for Public Purposes, in accordance with the direction established in the Subdivision By -Law. Conclusion Staff recommend Common Council assent's the revised assent to obtain money - in -lieu of Lands for Public Purposes. A streamlined approach is also highlighted for the processing of subdivision applications involving money -in -lieu of Land for Public Purposes. STRATEGIC ALIGNMENT The proposed approach aligns with the Council's priorities of Grow, Green, Belong, Move, and Perform. SERVICEAND FINANCIAL OUTCOMES The approach proposed by Staff aligns with the direction established in the City's Parks and Recreation Master Plan and Subdivision By -Law. It also provides increased efficiencies related to staff resources and development approval timelines. 17 -4- INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The General Counsel's Office has provided input inro the proposed approach for future money -in -lieu of Land for Public Purposes assents. The current subdivision proposal has been reviewed by the City's Infrastructure Development and Parks and recreation Service Areas and no issues have been identified. ATTACHMENTS Plan of Subdivision iF:3 _`,� v- L ___ _ R •� min G W o CL a v1FJ � Z �a FC 2 ��,cl N _T N fn O Z Yv, JOO OO��Qol Z�„va�a3-,tee o�,a "a. ��-._da, ,, IL U o O W � J � y Z. c PP L i i %a c E uJ N ~ O ao a ------------ -�---J---------------- -, ----------------------------------- J � n �e asrct oss's� ��ai.�szz � 1 aN a 1_ _------------------------------------------------ _ OOH lJ _ m Jan J�a "z- N N 3 x Em yrc R C c' o `p= - O z ae222��,NN Haoo�o� in -LL D '� r r I l jl COMMON COUNCIL REPORT M&C No. 2022-225 Report Date June 27, 2022 Meeting Date June 27, 2022 Service Area Growth and Community Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT: UPDATED: Project Contributions From LPP Trust Fund AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Emilie Murphy Jacqueline Hamilton I John Collin RECOMMENDATION Your City Manager recommends Common Council: Authorize a total of $70,000 from the Land for Public Purpose Trust Fund be provided to assist with three separate community projects: $50,000 toward the construction of a Trojan House Community Centre conditional upon both a legal agreement assuring reasonable public access to the facility, and a reimbursement to the City of Saint John of the previously awarded 2022 Community Grant in the amount of $7,000; $10,000 toward the next phase of the Rockwood Park Enduro park, and $10,000 toward a west side community dog park. PREVIOUS RESOLUTION n/a REPORT This is an updated version of a previously submitted staff report on "Project Contributions From LPP Trust Fund" for the June 271/ 2022 Common Council meeting. It was discovered in the past days that Trojans R.F.C. Inc. had already been awarded funding from the City's Community Grant program in 2022, which requires adjustments to the previous 2022 LPP Trust Fund resolution. A Land for Public Purpose (LPP) Trust Fund has been established by the City of Saint John to balance the development of land for habitation with the demand for land for recreational enjoyment of the neighbourhood, community, and the city. The Community Planning Act recognizes this need and requires that a portion of K91 -2- land or money -in -lieu of land be contributed to an LPP Trust Fund, to be drawn upon for future and ongoing community projects on public land. The City has recently approved an updated set of 'Policies for the Acceptance of Land for Public Purposes and Use of LPP Funds'. Within this document are guidelines for how funds in the LPP Trust Fund should be used, including: Applications from Community Groups. Forfundsfrom the LPP Fund will be accepted annually dependent on the availability of funds. The maximum eligible funding from the LPP Fund for projects will be based on the following classification: Local Level: A grant of 50% of the cost to a maximum of $5,000.00 for projects that serve specific neighbourhoods or local interest groups. Community Level: A grant of 50% of the cost up to a maximum of $10,000.00 per year available for projects that serve larger community interests and activities. City -Wide Level: A grant of 50% of the cost to a maximum of $50,000.00 per year to support large projects that serve the entire city and surrounding area residences, as well as potential tourist attractions. No more than $50,000.00 from the LPP Fund shall be paid for one site or project. Where additional funds are needed to facilitate development of LPP, it must be a project which serves a community wide interest and, in those circumstances, the maximum available amount shall be $75,000.00. From time -to -time specific projects are identified by City Staff, through public consultation, as a priority. In this instance, an applicant could partner with the City and the 50% fund matching threshold may be reduced. Preference will be given to playgrounds developed at public schools and community centers. No monies from the LPP fund shall be considered if the applicant or project has already received funding though another municipal grant. 21 -3- Preference will be given to projects located on municipal land, followed by provincially or federally owned land, and finally on privately owned land. If the Applicant seeks LPP Funds for a project that is not located on municipal, provincial, or federally owned land, the Applicant shall be responsible to present a plan for the long-term maintenance of public access, use, and enjoyment of the project. The City would have the right to insist on any contractual obligation to protect the long-term interests of the public that it sees fit and the funding will only be granted if that interest can be protected. Projects must provide barrier -free access to a portion of the facility. Staff evaluating applications for LPP Fund retain discretion to ensure the following: Projects are in alignment with any current municipal master plans. Flexibility to address special community needs or new recreational service offerings. LPP funds received from commercial developments should prioritize and consider applications which are geographically close when possible. Location of past LPP approvals, and maximum use for the most residents. Staff would assess that there is interest/need for such new or expanded offerings in the community. Common Council at its sole discretion may choose to provide LPP funding to a project, as it deems appropriate. The Applicant has demonstrated that the remainder of the funding is current held in a bank account, approved as a grant, or that in -kind contributions have been confirmed prior to the City releasing any money from the LPP Fund. For the current review period (May 15t 2021-May 301h, 2022), four (4) requests for LPP funding were received. Staff reviewed each of these requests and provide the following context that guided staff's recommendations to Council (a summary table is found below): WA -4- 1. $50,000 requested toward the construction of a Trojan House Community Centre. Total cost of the project is $750,000 with funding contributions from private fundraising ($ 243,000) and government grants ($457,000). This facility would provide public programming in the form of rugby programs, summer camp programming, and a recreational facility use for the Crescent Valley community and the adjacent Hazen White St Francis school. The facility will also be available for use by other rugby organizations throughout the City and region. This project is proposed on land privately owned by the Saint John Trojans R.F.C. Inc, and is adjacent to the Hazen White Saint Francis School and volunteer maintained rugby field. Staff recommend the approval of this funding, conditional on a satisfactory agreement between the City of Saint John and Saint John Trojans R.F.C. Inc addressing the public nature of the facility to meet the 'barrier free' requirements of the LPP policy. This agreement will be developed and presented to Council soon. Section VI of the Policies for the Acceptance of Land for Public Purposes and Use of LPP Funds states: "No monies from the LPP fund shall be considered if the applicant or project has already received funding though another municipal grant." In accordance with the policy, Trojans R.F.C. Inc. agree to return the previously awarded $7,000 Saint John Community Grant in exchange for the recommendation of $50,000 from the LPP Trust Fund. While it is a standard practice to check -in with other City of Saint John grant programs prior to the development of a recommendation for Common Council, in this scenario that check -in was not completed, which is why this updated report is needed. Once the issue was identified, staff felt it was most prudent to proceed with conditional approval for the Trojans R.F.C. Inc. application to avoid added delays for all recipients of the 2022 LPP Trust Fund. In addition, staff have also notified the Community Grants Committee that the Trojans R.F.C. Inc. intend to reimburse the City for the $7,000 they received from that granting program. In the spirit of continuous improvement, a new checklist will be created for all grant programs prior to developing a Council recommendation, which will include the necessity to consult with other City of Saint John grant programs. M -5- Staff recommend the approval of this funding, conditional upon the reimbursement of the Community Grant award in the amount of $7,000 from the Trojans R.F.C. Inc. 2. $10,000 requested from Saint John Cycling for trail #3 of the Enduro Park Project at Rockwood Park. This area is designed on the old ski hill at Rockwood Park as faster paced, professionally built downhill biking zone. It is intended to compliment the trail system in Rockwood Park and provide an area to host bike races and provide a quality experience for local and visiting users. Biking provides significant economic, health, and quality of life benefits for all age groups, and Rockwood Park has a reputation throughout the eastern seaboard as a destination for mountain biking. Staff recommend that the $10,000 be granted to this project. Staff considered the progress of this project, Rockwood Park's identification as the City's only regional park in PlaySj, and also the popularity of mountain biking as exemplified in parks bookings for large scale races such as the East Coast Games and the Jeux D'Acadie. This will be the final amount of LPP money given to the Enduro Park, as the project has previously received a total of $65,000 since 2020 3. $10,000 requested for West Side Community Dog Park. The dog park will be included as part of the Peter Murray sports complex and will repurpose existing fenced in tennis area. The community group has a large usership and has identified a need on the west side. Public Works and Transportation department is currently plowing the arena parking lot in the winter months and has agreed there is a capacity for the dog park to use the lot and to have garbage clean up without increasing service costs. The group has a large list of supporters from within the neighbourhood and has organized themselves as an incorporated community non- profit organization with an active board. This property is owned by the province of New Brunswick School Anglophone South School District; however, General Counsel has recommended that an agreement is not required since there is a current and longstanding precedence of shared recreation space with the City of Saint John in that location. Staff recommend that $10,000 be granted to this project. Staff considered the long-term maintenance agreement with the City of Saint John Public -6- Works and Transportation department, and the lack of dog parks for the west side community. 4. $1,000 requested from SJ Alpines baseball team to purchase a weighted vinyl coverforthe pitcher's mound at memorial baseball field. This mound would protect the mound and reduce staff maintenance costs due to damage from the rain. The field is used by several baseball teams, as well as some high school baseball leagues. Staff recommend that the $1,000 be denied for this project. Although this is a worthwhile endeavor, taking into consideration the specifications of the facility, (older youth and adult baseball use only), public availability is limited due to the seasonal team's use of the field, and the pay -per use nature of the memorial ball field does not satisfy the 'barrier free' public nature of the LPP fund. The LPP Grant Policy defines 'barrier free' as "general public access and refers to a property that does not charge for admission nor has fencing excluding access for a portion of its operating time". Staff recommend the community group work directly in partnership with the Public Works and Transportation department to fundraise for this improvement. SUMMARY TABLE OF LPP TRUST FUND APPLICATIONS RECEIVED Project Amount Amount Requested Recommended Memorial Baseball Field: Saint John Alpine's Application for a 1 Pitcher's Mound Cover. $ 1,000.00 0 Rockwood Park Enduro Park Project: Saint John Cycling Application For Phase 3 Of Mountain Bike Trail Project On the Old Ski Hill Area 2 of Rockwood Park. $ 10,000.00 $ 10,000.00 West Side Dog Park: Application by the Westside Community Dog Park Association to repurpose Tennis and Basketball courts in the Peter Murray Arena Recreational Area for An Enclosed Dog Park. 3 $ 10,000.00 $ 10,000.00 Trojan House Community Centre: Trojan's Rugby Application For A Clubhouse and Community Centre Adjacent To Trojan's Rugby Field 4 On The Sandy Point Road. $ 50,000.00 $ 50,000.00 Total $ 71,000.00 $ 70,000.00 STRATEGIC ALIGNMENT The projects that staff suggest Common Council support align with the pervious Council's priorities including investment in recreation, support of priority neighbourhoods, and developing partnerships for service delivery. OR -7- SERVICEAND FINANCIAL OUTCOMES The balance as of May 31st, 2022 in the LPP trust fund was $ 250,847.00 Staff recommends a total of $70,000 be allotted to current project applications, as outlined in this report. Approval of the recommendations outlined in this report would leave the LPP Trust Fund with $180,847.00 to be held for future projects. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Input was received from City Staff in Planning, Public Works and Transportation, General Counsel, and Community Services departments. ATTACHMENTS Memorial Baseball Field: Saint John Alpine's Application for a Pitcher's Mound Cover. Rockwood Park Enduro Park Project: Saint John Cycling Application For Phase 3 Of Mountain Bike Trail Project On the Old Ski Hill Area of Rockwood Park. Trojan House Community Centre: Trojan's Rugby Application For A Clubhouse and Community Centre Adjacent To Trojan's Rugby Field On The Sandy Point Road. West Side Dog Park: Application by the Westside Community Dog Park Association to repurpose Tennis and Basketball courts in the Peter Murray Arena Recreational Area for An Enclosed Dog Park. 41-1 F-ImO(f4ceUse Odv --- Grant Application M Date Submitted: SAINT JOHN LAND FOR PUBLIC PURPOSE GRANT APPLICATION FORM Please Note: It is the Applicant's responsibility to understand and comply with all aspects of the guidelines outline in the Policies for the Acceptance of Land For Public Purposes (LPP) and use of LPP Funds document. Failure to understand and comply with the guidelines may result in the denial of a grant. The Policy document is available online, at saintjohn.ca or from City of Saint John Community Services staff. Applications will be reviewed twice a year, in May and November. The deadlines for receipt of the applications are April 30th, and October 31st Required: Name, Location (area or neighbourhood) of Project: Memorial Baseball Field, Dever Road PID# (if known): Contact Information Name of Organization: Saint John AI Ines Baseball team Name of Applicant: Terre Hunter Mailing Address;50 Fenton Dr Saint John E2M 4E7 Daytime Phone #: 6721033 1 Cell Phone #: 6503595 Fax M nla Email Address: Silhunt nb.s m atico.ca FEstimated Project Start Date: I u n e r22 Estimated Project End Date: I u ne '22 Application submissions: LPP Grant Applications may be submitted either electronically, by mail, or in person: Attn: Land for Public Purposed Growth and Community Services Mail: P.O. Box 1971 Saint John, New In person: Ground Floor of City hall Brunswick 15 Market Square E21- 41-1 Accessible through Main Entrance or via elevator on the Pedway Level of the shopper of City hall Email: grants@saintjohn.ca If you have any questions or concerns Community Services can be contacted via customer service a 658-4455 sAIN-r IOHN Grant Categories Applications for project funding will be assessed on whether the project or playground will serve a Local, Community, or City (Regional) population. The classification system will be based on the guidelines and inventory of Park Classification system of the City of Saint John Parks and Recreation Strategic Plan: PlaySJ. OLocal -Level Grant: A grant of 50% of the cost is funded up to a maximum of $5000 for projects that serve specific neighbourhoods or local interest groups. ©Community -Level Grant: A grant of 50% of the cost, funded up to a maximum of $10,000 per year available for projects that serve larger community interests and activities. ORegional -Level Grant: A grant of 50% up to a maximum of $50,000 per year to support large projects which would serve all city and surrounding area residents, as well as potential tourism attractions. Project Funding Contributions In the table below please describe your projected financial and in -kind contributions for the project, only include current phase of the project in this application if applicable. LPP funds shall not exceed more than 50% of the project cost. CATEGORY DESCRIPTION AMOUNT Amount Requested from LPP Grant see note attached 11,000.00 Amount of support from other government grants $ Private grant contributions from field users groups $1049.00 In -kind Volunteer contributions $ TOTAL cost of project [n/a] $ rf 0 it 9.00 Project Cost Estimate In the table below please estimate the financial breakdown of your project, only include the current phase of the project CATEGORY DESCRIPTION AMOUNT Materials and incidental expenses in I mound cover see not $2049.00 Contracted Services $ Labour $ TOTAL cost of project $ 2049.00 Page 2 of 4 K-11 Property Details Will this project be developed at a public school? Yes • No Will this project provide barrier -free access to some of the facility? Yes • No Is this project a new development? • Yes No Is there a lack of recreation facilities in your project area? Yes • No Will this project require any ongoing in -kind support from the City of Saint John? (garbage cans, mowing, inspections, etc.?) Yes • No If yes, please describe. Page 3 of 4 Wel Project Details Cont. Please elaborate on the project, what user groups it will serve, and (if applicable) how it fits into a greater overall plan for the area which can include multiple phases. Please feel free to add additional pages should this space not be adequate. Please also attach any aerial photographs or drawings electronically to your application. General Terms and Conditions All Projects must be completed within 1 year of the approval date. Extensions may be approved upon request. Grants cannot be awarded Retroactively. A different phase of the same project will not necessarily be supported in any succeeding year. Grants are to be used only for the intended purpose. Any recipient who uses the the funds improperly, ceases operation, or knowingly provides false information must promptly repay the grant. No grant (or any part of it) may be transferred or assigned to another party without the prior written consent from the Land for Public Purpose Review. The recipient must Keep and maintain all records, and upon completion of the project, fill out and submit a stand for Public Purpose Reporting form available from community services. The recipient will acknowledge the support of the City of Saint John in all publicity and programs relating to the project either by social media or signage, as appropriate. The City of Saint John is not liable for any damages, injury, and/or loss of revenue as a results of any grant awarded project being undertaken, and makes no commitments to maintain or provide services above and beyond current levels unless agreed upon by the Service Provider (City of Saint John Parks, Sanitation, etc.). QP4 of 4 The Saint John Alpines are pleased to submit this request for funding from the LPP fund. This request is being made on behalf of the following regular users of the facility, namely Port City Pirates (youth) organization, Saint John Angels baseball team, Saint John Mariners baseball team and the Alpines senior and junior teams. There are other , occasional users of the field, notably the local High School baseball league, they have not been asked to contribute, but they will benefit from the project. The project is to purchase a weighted, vinyl cover for the pitcher's mound at Memorial. We have received a quote from Estey's for the product. (attached) It is made locally, and is a heavy PVC product, UV protected (for longer life) with a 10 year warranty. As a reference, this material is used at Canaport on their outdoor facilities, year round. There would be virtually no maintenance cost on this product. The lead time to have this product made is approximately 2 weeks from receipt of order. The user groups have agreed to contribute % of the cost of this item, (approx. $1,000) subject to receiving the LPP grant. The pitcher's mound requires daily maintenance .When it rains.. City crews need to spend considerable time and use expensive materials, to repair/restore/prepare the mound for use. Because the field is in use almost 7 days a week, waiting for the sun to dry things out is not an option. There is considerable amount of clay in the mound, which essentially turns to mush when wet. Restoring this, after a weather event, takes much more than hoping the sun will dry it out in time. The 31 plan would be for the users to cover the mound each day, following the completion of the last game of the day. By doing so, in the event of rain, the mound is "protected", thus saving the City time and materials. By having to spend less time on mound "repairs", staff is freed up to do other maintenance. The benefit to the users is that the mound is kept in better playing condition all season. The mound would remain moist and result in better playing conditions. It can be argued that the payback to the City, by having such a cover in place, could be as little as 2 years, because of reduced labour and material costs. The cover would be weighted by chain sewn into the outer edges, to keep it in place and prevent it from being blown away. Although heavy, it would still be light enough for staff to "peel" away if needed. As users, we are prepared to contribute to the cost of field maintenance. We recognize that the City has stated it is prepared to "partner" with user groups to improve facilities. Assuming this application is successful, we would consider other ideas to enhance this asset, Memorial baseball field, the ONLY adult sized baseball field in the City. We acknowledge that the mound cover becomes the property of the City of Saint John. I have attached an overhead picture of Memorial, and circled the area we are considering covering. Thank yoq, for your consideration r jerre Hunter Alpines Baseball 0 Baseball Mound Cover mailbox:///C:/Users/Owner/App Data/Roaming/Thunderbird/... Subject: Baseball Mound Cover From: Amanda Loeman <Amanda@esteygroup.com> Date: 2022-04-22, 10:30 a.m. To: "silhunt@nb.sympatico.ca" <silhunt@nb.sympatico.ca> Hey Terry. I have a quote ready for you for the 2 options we spoke about. 21' round diameter green PVC cover with chain sewn into pocket for weight - $1775.00 plus tax 21' x 21' square green PVC cover with grommets spaced every 2' - $1650.00 plus tax. Feel free to reach out to me at this email if you have any questions. Thank you and have a great dayl I A vwa,.da La+?. K4,K Production Manager The Estey Group 215 City Rd Saint John, NB E2L 3M9 1-506-634-1288 33 1 oc 1 2022-04-26, 7:35 a.m. Fwd-. [EXT]PHOTO DRONE mailbox:///C:/Users/Owner/AppData/ Roaming/Thunderbird/... External Email: Please use caution when opening links and attachments Courriel externe. 5oyez prudent ovec les liens et documents joints 34 2of2 2022-04-21, 8:11 p.m. In -Office Use Only Grant Application #: Date Submitted: SAINT JOHN LAND FOR PUBLIC PURPOSE GRANT APPLICATION FORM Please Note: It is the Applicant's responsibility to understand and comply with all aspects of the guidelines outline in the Policies for the Acceptance of Land For Public Purposes (LPP) and use of LPP Funds document. Failure to understand and comply with the guidelines may result in the denial of a grant. The Policy document is available online, at saintjohn.ca or from City of Saint John Community Services staff. Applications will be reviewed twice a year, in May and November. The deadlines for receipt of the applications are April 30th, and October31st Required: Name, Location (area or neighbourhood) of Project: PID# (if known): Contact Information Name of Organization: Name of Applicant: Mailing Address: Daytime Phone #: Cell Phone #: Fax #: Email Address: Estimated Project Start Date: Estimated Project End Date: Application submissions: LPP Grant Applications may be submitted either electronically, by mail, or in person: Attn: Land for Public Purpose I Growth and Community Services Mail: P.O. Box 1971 Saint John, New In person: Ground Floor of City hall Brunswick 15 Market Square E2L 41_1 Accessible through Main Entrance or via elevator on the Pedway Level of the shoppes of City hall Email: grants@saintjohn.ca If you have any questions or concerns Community Services can be contacted via customer service a 658-4455 SAINT JOHN Grant Categories Applications for project funding will be assessed on whether the project or playground will serve a Local, Community, or City (Regional) population. The classification system will be based on the guidelines and inventory of Park Classification system of the City of Saint John Parks and Recreation Strategic Plan: PlaySJ. Local -Level Grant: A grant of 50% of the cost is funded up to a maximum of $5000 for projects that serve specific neighbourhoods or local interest groups. Community -Level Grant: A grant of 50% of the cost, funded up to a maximum of $10,000 per year available for projects that serve larger community interests and activities. Regional -Level Grant: A grant of 50% up to a maximum of $50,000 per year to support large projects which would serve all city and surrounding area residents, as well as potential tourism attractions. Project Funding Contributions In the table below please describe your projected financial and in -kind contributions for the project, only include current phase of the project in this application if applicable. LPP funds shall not exceed more than 50% of the project cost. CATEGORY DESCRIPTION AMOUNT Amount Requested from LPP Grant $ Amount of support from other government grants $ Private grant contributions $ In -kind Volunteer contributions $ TOTAL cost of project [n/a] $ Project Cost Estimate In the table below please estimate the financial breakdown of your project, only include the current phase of the project CATEGORY DESCRIPTION AMOUNT Materials and incidental expenses $ Contracted Services $ Labour $ TOTAL cost of project $ Page 2 of 4 01.1 Property Details Will this project be developed at a public school? Yes No Will this project provide barrier -free access to some of the facility? Yes No Is this project a new development? Yes No Is there a lack of recreation facilities in your project area? Yes No Will this project require any ongoing in -kind support from the City of Saint John? (garbage cans, mowing, inspections, etc.?) Yes No If yes, please describe. Page 3 of 4 Kul Project Details Cont. Please elaborate on the project, what user groups it will serve, and (if applicable) how it fits into a greater overall plan for the area which can include multiple phases. Please feel free to add additional pages should this space not be adequate. Please also attach any aerial photographs or drawings electronically to your application. General Terms and Conditions All Projects must be completed within 1 year of the approval date. Extensions may be approved upon request. Grants cannot be awarded Retroactively. A different phase of the same project will not necessarily be supported in any succeeding year. Grants are to be used only for the intended purpose. Any recipient who uses the the funds improperly, ceases operation, or knowingly provides false information must promptly repay the grant. No grant (or any part of it) may be transferred or assigned to another party without the prior written consent from the Land for Public Purpose Review. The recipient must keep and maintain all records, and upon completion of the project, fill out and submit a Land for Public Purpose Reporting Form available from community services. The recipient will acknowledge the support of the City of Saint John in all publicity and programs relating to the project either by social media or signage, as appropriate. The City of Saint John is not liable for any damages, injury, and/or loss of revenue as a results of any grant awarded project being undertaken, and makes no commitments to maintain or provide services above and beyond current levels unless agreed upon by the Service Provider (City of Saint John Parks, Sanitation, etc.). PagOS of 4 �cA TOO �0 milk UN Z a a ?� 353 Dwyer Rd., Saint John, New Brunswick, Canada E2M 4T6 Land for Public Purpose Committee City of Saint John PO Box 1971 Saint John, NB E2L 41_1 Dear Land for Public Purpose Committee: I am writing to seek contributions from the Land for Public Purpose Fund to support the construction of a recreational facility that the Saint John Trojans are currently raising funds for. This recreation center is to be constructed on a piece of land purchased by the Saint John Trojans located by Hazen White St. Francis School (please see the attached). This project will positively affect for this community and youth around the city as a whole. The Saint John Trojans are a long established organization in the City of Saint John and are currently in the process of raising funds for the above mentioned recreation center that will serve both the Crescent Valley community and the rugby community. The Trojans have called Hazen White field home since 1983 and want to give back to the community while also have a center that will be able to better facilitate our youth rugby programs. At the current time there are no facilities on the site of the field that can be used by the high school teams that also call Hazen White Field home. We plan to ensure that that will not be the case going forward. We also run mini -rugby programs for ages 4-12 twice a year that are 8 weeks each. These programs are growing in size and had over 50 children in each session this year with many coming from the area and was provided at no cost to the children. A facility on site would allow these children to enjoy there snacks we provide and an area where we can give development sessions. Hazen White and the Trojans also run a number of junior and provincial programs at the field for ages 13-19 throughout the spring to fall. Again this facility would serve these groups by providing proper changing facilities, develop areas and a fully functional gym. In addition to the rugby aspect we are working with Hazen White —St. Francis School to determine how this facility can help the needs of their students. Some of the current discussions are around hot breakfast/lunch, facility usage for events, and gym access. We are also working with the Crescent Valley Resource Center on similar incentives to see how the Crescent Valley Resource Center could benefit from a field with facilities on site. In addition the Trojans are looking at running daily summer programs for the youth of the area and monthly community days for the members of the area. All of these initiatives will not only help our sport but will have a greater impact on the positive growth of a community that is in desperate need. 061 �cA TOO �0 milk UN Z a a ?� 353 Dwyer Rd., Saint John, New Brunswick, Canada E2M 4T6 The proposed project costs are estimated at $750,000 and anticipated construction is slated for spring 2022. To date we have raised over $675,000 for this project and are currently running a corporate campaign, an alumni campaign, provincial grants, federal grants and trying to secure grants such as this. We are asking Land for Public Purpose Committee to consider us for the maximum funding available to us. As requested, the Saint John Trojans confirm that we will assume all responsibility for ongoing maintenance and upkeep of the completed project. I would be happy to discuss our application further at your convenience. Please contact Dave MacGowan, Treasurer by phone at 506-645-9722 or by email at I thank you in advance for your consideration and I look forward to hearing from you. Yours truly, David MacGowan, CPA, CA Treasurer Saint John Trojans U Q ._a3 J r W S W * Q� U a z W O U O ~ N wz * m W O N Z O w m N z W p z w 0 H J ¢ of ¢ W Q " O p 0 O Z x N F- W m w N E vEi E v o M M N N E r M E �? N EIE M cr M O o N U ~ () m Of () ry a W m N O w W NO W U� O m m U O O ¢ E N ¢ Z U � m c U LD LL ZO o O O cn 2i O Z:M (D� E M (y ¢ w Of (ifw Z ¢ ¢ Om Z o W x ¢ ¢1 U U U O¢ ui (6 Z ui a� w J LLi om 3w o~ o of O O N Z U w J LL' H O O U) wm m fl�J D OHWw W W Q N c W > m U J ¢ z Y D J J > J< of O a 0 7 > w Z (7 W m LL' m w (7 J O (7 O W O a 0 W Z z (xj >_ U= O U W 7 N LL Z O J Z W Q Z Z Z N Z_ m Z Z H Z U z¢ F¢ w Q Z ¢ H x p 9 fn 9 of (n W w w (n O� LL' Z d 7 W J O ¢ U N N O O N F_ O¢ O F E Z LL LL (7 O Z H w Q¢ U Z w O H¢ a> W ¢ of > W ¢ U (7 z¢ Y 7 EY> O S U _ S LL J� rL LL (n O (n O Z J (n J w w U J N W W¢ LL w Z< z >( o J O Z (7 >~> Z> O O w 0¢ O U(nLL z O O z O J O U= U) J w W> U x t z O O O O w Z o W Z LL, OH z ¢ Jry LL¢ 2 D ~ W 1 ci n n LL (i LL U H > Z> o W W >_U p O N J J J LL w w x n 7= LL m X a 0 LL Q W a� J ..-.ZwNLL ¢m Z W =LL =O� ? fn a^Z Z 2 2 Z Z Zm� ¢ O Z m� ¢ O Z ¢ 2 V w O x ¢ r_ U z w n w n¢ m co m "" 'o a s w 2 m LL s" a m a d � Q :� a z U) LL U w < W Q a a � Z z LL z Q �w LU 0 0 V (7 z U w C� S ll� Q J J 0 J m rI� Q Q W V C) C) ~ < U) W W W U) M _ _ o z Z o °w ° o O N � m a z cn LU S 0 z 0 � O 1— V V, z Q J 0 0 J LL H LLJ U z 0 U N tA H r �r1 Room 461, Confederation Building Ottawa, Ontario K1AOA6 Tel.: 613-947-2700 Fax.:613-947-4574 (FOtzslitUOV, 1 Market Square Suite N306 Saint John, New Brunswick E2L 4Z6 Tel.: 506-657-2500 Fax.:506-657-2504 July 6, 2021 RE: Community Center 11._ - CurNuff+ CIIMI��[ Ala CUNN�1XL] {ANM)A HOUSE OF COMMONS CHAMBRE DES COMMUNES CANADA C apne ' n - �1cmL�cr of I'�rli,unc€�I j 1>ri,iili' Sainl luhit—R�ithcs�ti� Uttaw Piece 461, edifice de la Confederation Ottawa (Ontario) K1A OA6 TO.:613-947-2700 TO& : 613-947-4574 (51imms6nolion 1, Market Square suite N306 Saint John (Nouveau -Brunswick) E2L 4Z6 Te1.:506-657-2500 TO& : 506-657-2504 1 am writing this letter in support of the important project that the Saint John Trojans have undertaken to construct a community center. This project has been a few years in the making with the Saint John Trojans already having purchased a piece of land and having it rezoned for this specific purpose. This community center will provide facilities for all high school students that currently use the field, a m community center that can be used for youth rugby programs and other activities in this predominantly low-income area. The Saint John Trojans would also offer the facility to other community groups like for example, the local YMCA for their use during their summer programs. The Saint John Trojans Rugby Club, under the leadership of David MacGowan are very active within the Saint John community. Whether it be charitable causes, beautification projects or contributions to school rugby programs, their commitment to success is ongoing. I fully support the Saint John Trojans latest effort to invest in the community and believe wholeheartedly this community center project would be a crown jewel for our Port City. If you hay any questions, please feel free to contact my office at 506-657-2500. Sincerely, r !\ Wayne.Long@parl.gc.ca 4 `4< �%P 't F, Founded1805 SAINT JOHN HIGH SCHOOL AN INTERNATIONAL BACCALAUREATE SCHOOL May 27"'. 2021 To Whom it May Concern, Saint John High School is very pleased and excited to support this undertaking and initiative by the Saint John Trojans Rugby team. The Trojans are and always have been an integral part of the Rugby community here in Saint John. SJHS has graduated numerous rugby players who have gone on to play for this rugby club. The rugby pitch at Hazen White St. Francis has held many rugby matches over the years including provincials and high school matches, etc. While the field is good, the facilities are very much lacking. The students from SJHS are left to prepare for their games off site and use the woods as washroom facilities. Having access to proper changing rooms, washrooms and training facilities would be such a great addition to the club and to the rugby community in Saint John. Providing a Centre for the players, parents and coaches to access when its game time would be fantastic!! And greatly appreciated by all those involved. Saint John High School is definitely supportive of this idea and we appreciate any financial support you can provide toward making this a reality. Thank you for your consideration. Maureen Desmond Vice Principal Saint John High School 170-200 PRINCE WILLIAM STREET, SAINT JOHN, N13 E2L 2137 Telephone (506) 658-5358 Fax (506) 658-3745 Website: www.sjhigh.ca Principal: Ms. Lori Wall Vice Principals: Ms. M. Desmond Ms. S. Golding tESCENT VALLEY :SOURCE CENTRE May 26, 2021 To whom it may concern: Re: Saint John Trojans Rugby Club Community Centre The Crescent Valley Resource Centre (CVRC) is pleased to provide this letter in support of the Saint John Trojans Rugby Club community centre project on Sandy Point Rd., Saint John. We recently met with Dave MacGowan from the Trojans Club and he gave us an overview of the proposed community centre and the activities it would house. We are excited to learn about this new neighbourhood resource and we anticipate making use of the facility for times when the CVRC's space is inadequate or for new, currently unfulfilled, activities. Whether it's a meeting room for a large group, space for youth to participate in a drop -in or recreations activity or space for community food security programs, the CVRC sees a great value in this facility for the neighbourhood residents. Additionally, there is a well -used path from Flemming Court to the field by Hazen White -St. Francis school - this would make the facility even more accessible to Crescent Valley residents. We strongly support this initiative and we look forward to working with the Trojans Club to help make this facility a community resource for all. Sincerely, (" /Dlt,�� Anne Driscoll Executive Director Crescent Valley Resource Centre Crescent Valley Resource Centre 130 MacLaren Blvd. I Saint John NB I E21K 3G3 T 506.693.8513 F 506.693.1513 45 Harbour View High School 305 Douglas Avenue Saint John, N.B. E2K IE5 Phone: (506) 658 5359 Fax: (506) 658 4642 May 14, 2021 To whom it may concern Principal: Mr. Michael Butler Vice Principal: Mrs. C. Curwin Vice Principal: Mrs. B. MacDonald I have been coaching boy's rugby at Harbour View High School in Saint John for over 20 years. in that time, hundreds of students have learnt to play rugby and we have had students play at provincial and national level. The school has had continual encouragement and support from the Trojans Rugby Club members, and many students have gone on to play rugby with the club after graduating. Since arriving in Saint John, after my rugby playing days were over, I have been impressed with the efforts of the Trojans to establish a community based club and the construction of a multipurpose facility at the Hazen White Field will promote this aim. An ongoing problem in Saint John is the lack of facilities for players and coaches at sports fields. Every year I receive a message from the New Brunswick Interscholastic Athletic Association (NBIAA) that students must not change into playing kit at sports fields — and yet at best the only facilities provided are a porta- potty and sometimes nothing at all! A purpose- built building at Hazen White field would be an excellent addition to Saint John's sports amenities. Harbour View High School has a diverse catchment area which includes students from some of the most deprived parts of the city. Hazen White field is in close proximity to some of these areas, and I know that the Trojans Rugby Club has reached out to introduce rugby to children in the community. One of the advantages of rugby is that it is a sport where a minimum of equipment is needed to play. It also has a great tradition of respect and camaraderie which it passes on to the young people playing the sport. I fully endorse this project and look forward to our students making use of the facilities. Sincerely, Jon Bidgood www.HVHS.nbed.nb.ca QVrbourViewHigh ` @HVHS—NB 4 � . DCHY"+MEiWOg4� St. Malachy's Memorial High School F 2-20 Leinster Street, Saint John NB. E21, 1H8 — Phone: (506) 658-5361 — Fax: (506) 658-2420 dsF aunr On behalf of St. Malachy's Memorial High School, please accept this letter of support for the Trojans Rugby Club construction of a Multipurpose Field House in Saint John New Brunswick. In my capacity of Athletic Director, I have seen the positive influence the Rugby Club has made towards our student athletes. The club players are the first to help prep fields before a season, willing to offer coaching clinics, and to operate player development programs. Due to this positive interaction throughout their high school years many of our graduating players will join the Trojans Club Team after graduation. Sincerely yours, Carrie Shea Athletic Director St. Malachy's Memorial High School Principal: Brad Stevens Vice -Principals: Christina Barrington & Matt Garey In -Office Use Only Grant Application #: Date Submitted: SAINT JOHN LAND FOR PUBLIC PURPOSE GRANT APPLICATION FORM Please Note: It is the Applicant's responsibility to understand and comply with all aspects of the guidelines outline in the Policies for the Acceptance of Land For Public Purposes (LPP) and use of LPP Funds document. Failure to understand and comply with the guidelines may result in the denial of a grant. The Policy document is available online, at saintjohn.ca or from City of Saint John Community Services staff. The deadlines for receipt of the application is May30th. Property Information Required: Name, Location (area or neighbourhood) of Project: Property Owner, Department: PID#: Organization Information Select one: Incorporated Organization: Partnering with Incorporated Organization or City: Name of Organization: Name of Applicant: Name of Incorporated Partner: (if applicable) Mailing Address: Daytime Phone #: Cell Phone #: Email Address: Estimated Project Start Date: Estimated Project End Date: Application submissions: LPP Grant Applications may be submitted either electronically, by mail, or in person: Attn: Land for Public Purpose I Growth and Community Services Mail: P.O. Box 1971 Saint John, In person: Ground Floor of City hall New Brunswick 15 Market Square E2L 41_1 Accessible through main entrance or via elevator on the pedway level of the shoppes of City hall Email: grants@saintjohn.ca If you have any questions or concerns Community Services can be contacted via customer service a 658-4455 SAINT JOHN Grant Categories Applications for project funding will be assessed on whether the project will serve a local, community, or city and n (Regional) population. The classification system will be based on the guidelines and inventory of Park Classification system of the City of Saint John Parks and Recreation Strategic Plan: PlaySJ. Local -Level Grant: A grant of up to 50% of the cost is funded up to a maximum of $10,000 for projects that serve specific neighbourhoods or local interest groups. Eg. Montgomery Crescent subdivision garden, Community -Level Grant: A grant of up to 50% of the cost, funded up to a maximum of $20,000 for projects that serve larger community interests and activities. Eg. West Side Playground, Lakewood Reservoir trail project. Regional -Level Grant: A grant of up to 50% of the cost, to a maximum of $50,000 to support large projects which would serve all city and surrounding area residents, as well as potential tourism attractions. Eg. Rockwood Park (Saint John's only regional park) project, Pickle ball facility (only one in the region, many tournaments offered). Project Funding Contributions In the table below please describe your projected financial and in -kind contributions for the project, only include current phase of the project in this application if applicable. LPP funds shall be eligible for up to 50% of the project cost. 50% threshold may be reduced if the project has previously been identified as a priority project by the City of Saint John. CATEGORY DESCRIPTION AMOUNT Amount Requested from LPP Grant $ 10,000 Amount of support from other government grants $ Private grant contributions $ 10,000 In -kind Volunteer contributions $ N/A Fundraising Contributions $ 0 TOTAL cost of project [n/a] $ Project Cost Estimate In the table below please estimate the financial breakdown of your project, only include the current phase of the project. CATEGORY DESCRIPTION AMOUNT Materials and incidental expenses $ 27,070 Contracted Services $ 50,000 Labour $ 40,000 TOTAL cost of project $ Page 2 of 4 !Loll Property Details Who owns the proposed land where the proposed project will take place? City of Saint John Other Government, Provincial or Federal. Department: Privately Owned. Owner (individual or business): Name Contact (phone number or email): If non -City land: Is there a willingness by landowner to enter into a formal agreement with the City of Saint John, guaranteeing continued public access to the land for a reasonable time frame? Note: The landowner will need to enter into a formal agreement with the City of Saint John. Yes No Does this project provide a new recreational asset? Or does it enhance an existing one? New Existing Is there a lack of this project's recreational asset in your grant application category (Local, Community, Regional)?: Yes No Will this project require any ongoing operational support from the City of Saint John? (garbage cans, mowing, inspections, etc.)? Yes No If yes, please describe: Page 3 of 4 67i] Project Details Cont'd. Please feel free to add additional pages should this space not be adequate. Please also attach any aerial photographs or drawings electronically to your application. Please elaborate on the project, what user groups it will serve, and (if applicable) how it fits into a greater overall plan for the area which can include multiple phases. Please describe how this project will be open to the public and provide free access (fees and physical fencing). Please demonstrate how you have done community consultation (letters of support, door to door, mail outs, social media campaigns, public meetings, etc.) or how you plan to engage the community. 51 General Terms and Conditions No funding will be given to for -profit or private individuals. If a group is not an incorporated non-profit, they must partner with the city of Saint John or a non-profit organization to be eligible for funding. All Projects must be completed within 1 year of the approval date. Extensions may be approved upon request. Grants cannot be awarded Retroactively. A different phase of the same project will not necessarily be supported in any succeeding year. Grants are to be used only for the intended purpose. Any recipient who uses the the funds improperly, ceases operation, or knowingly provides false information must promptly repay the grant. No grant (or any part of it) may be transferred or assigned to another party without the prior written consent from the Land for Public Purpose grant review board. The recipient must keep and maintain all records, and upon completion of the project, fill out and submit a Land for Public Purpose Reporting Form available from Community Services. The recipient will acknowledge the support of the City of Saint John in all publicity and programs relating to the project either by social media or signage, as appropriate. The City of Saint John is not liable for any damages, injury, and/or loss of revenue as a results of any grant awarded project being undertaken, and makes no commitments to maintain or provide services above and beyond current levels unless agreed upon by the service provider (City of Saint John Parks, Sanitation, etc.). 61 In -Office Use Only Grant Application #: Date Submitted: SAINT JOHN LAND FOR PUBLIC PURPOSE GRANT APPLICATION FORM Please Note: It is the Applicant's responsibility to understand and comply with all aspects of the guidelines outline in the Policies for the Acceptance of Land For Public Purposes (LPP) and use of LPP Funds document. Failure to understand and comply with the guidelines may result in the denial of a grant. The Policy document is available online, at saintjohn.ca or from City of Saint John Community Services staff. Applications will be reviewed twice a year, in May and November. The deadlines for receipt of the applications are April 30th, and October31st Required: Name, Location (area or neighbourhood) of Project: Open court and basketball count behind the Peter Murray Arena PID# (if known): Contact Information Name of Organization:Westside Community Dog Park Name of Applicant:COnnie Quinn Mailing Address:25555 Hughes Lane Daytime Phone #: Cell Phone #:506-333-7317 1 Fax #: Email Address: COnnlequlnn22@gmal1.COm Estimated Project Start Date: June 1st, 2022 Estimated Project End Date: Sept 30th,2022 Application submissions: LPP Grant Applications may be submitted either electronically, by mail, or in person: Attn: Land for Public Purpose i Growth and Community Services Mail: P.O. Box 1971 Saint John, New In person: Ground Floor of City hall Brunswick 15 Market Square E2L 41_1 Accessible through Main Entrance or via elevator on the Pedway Level of the shoppes of City hall Email: grants@saintjohn.ca If you have any questions or concerns Community Services can be contacted via customer service a 658-4455 SAINT JOHN Grant Categories Applications for project funding will be assessed on whether the project or playground will serve a Local, Community, or City (Regional) population. The classification system will be based on the guidelines and inventory of Park Classification system of the City of Saint John Parks and Recreation Strategic Plan: PlaySJ. 0 Local -Level Grant: A grant of 50% of the cost is funded up to a maximum of $5000 for projects that serve specific neighbourhoods or local interest groups. OCommunity -Level Grant: A grant of 50% of the cost, funded up to a maximum of $10,000 per year available for projects that serve larger community interests and activities. ORegional -Level Grant: A grant of 50% up to a maximum of $50,000 per year to support large projects which would serve all city and surrounding area residents, as well as potential tourism attractions. Project Funding Contributions In the table below please describe your projected financial and in -kind contributions for the project, only include current phase of the project in this application if applicable. LPP funds shall not exceed more than 50% of the project cost. CATEGORY DESCRIPTION AMOUNT Amount Requested from LPP Grant $ 1 0 , 000.00 Amount of support from other government grants $0 Private grant contributions $ 0 In -kind Volunteer contributions We will in kind donations and fundraise the remainder amount needed $ TOTAL cost of project [n/a] $ 50 , 000.00 Project Cost Estimate In the table below please estimate the financial breakdown of your project, only include the current phase of the project CATEGORY DESCRIPTION AMOUNT Materials and incidental expenses Signage, garbage can, benches, trees $ Contracted Services Removal of existing ashfault, topsoil, hydroseed, fencing $ Labour $ TOTAL cost of project $50, 000.00 Page 2 of 4 6'i! Property Details Will this project be developed at a public school? Yes • No Will this project provide barrier -free access to some of the facility? Yes • No Is this project a new development? • Yes No Is there a lack of recreation facilities in your project area? • Yes No Will this project require any ongoing in -kind support from the City of Saint John? (garbage cans, mowing, inspections, etc.?) • Yes No If yes, please describe. Page 3 of 4 6191 Project Details Cont. Please elaborate on the project, what user groups it will serve, and (if applicable) how it fits into a greater overall plan for the area which can include multiple phases. Please feel free to add additional pages should this space not be adequate. Please also attach any aerial photographs or drawings electronically to your application. General Terms and Conditions All Projects must be completed within 1 year of the approval date. Extensions may be approved upon request. Grants cannot be awarded Retroactively. A different phase of the same project will not necessarily be supported in any succeeding year. Grants are to be used only for the intended purpose. Any recipient who uses the the funds improperly, ceases operation, or knowingly provides false information must promptly repay the grant. No grant (or any part of it) may be transferred or assigned to another party without the prior written consent from the Land for Public Purpose Review. The recipient must keep and maintain all records, and upon completion of the project, fill out and submit a Land for Public Purpose Reporting Form available from community services. The recipient will acknowledge the support of the City of Saint John in all publicity and programs relating to the project either by social media or signage, as appropriate. The City of Saint John is not liable for any damages, injury, and/or loss of revenue as a results of any grant awarded project being undertaken, and makes no commitments to maintain or provide services above and beyond current levels unless agreed upon by the Service Provider (City of Saint John Parks, Sanitation, etc.). Pag6S of 4 COMMON COUNCIL REPORT M&C No. 2022-218 Report Date June 21, 2022 Meeting Date June 27, 2022 Service Area Growth and Community Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT: Cancellation of a Public Hearing — Wild Fox Drive/Manawagonish Road AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Jennifer Kirchner Jacqueline Hamilton I John Collin RECOMMENDATION That Common Council cancel the public hearing for the Zoning By-law rezoning application submitted by Don -More Surveys & Engineering Ltd. for Wild Fox Drive and Manawagonish Road (PIDs: part of 55191373, part of 55240139, part of 55191381) scheduled for Monday, July 11, 2022, 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 that the applicant has requested the tabling of the application for the amendment being made to a Zoning By-law rezoning application previously received. As a result, cancellation of the Public Hearing scheduled for Monday July 11, 2022, is required. PREVIOUS RESOLUTION AND DECISION HISTORY At its meeting of May 2, 2022, Common Council scheduled a Public Hearing date of July 11, 2022, for the Zoning By-law rezoning application submitted by Don - More Surveys & Engineering Ltd. for Wild Fox Drive and Manawagonish Road (PIDs: part of 55191373, part of 55240139, part of 55191381) for Monday, July 11, 2022, at 6:30 p.m. at the Council Chamber, City Hall 2nd floor, 15 Market Square, Saint John, NB. At its meeting of August 3, 2004, Common Council resolved that: 1. the Commissioner of Planning and Development receive all applications for amendments to the Zoning By-law and Section 39 [now referred as section 59] resolutions/agreements and proceed to prepare the required advertisements; and 2. when applications are received a report will be prepared recommending the appropriate resolution setting the time and 61FA -2- place for public hearings and be referred to the Planning Advisory Committee as required by the Community Planning Act. REPORT Staff have received a request from the applicant to table consideration of the application for rezoning of the site at Wild Fox Drive and Manawagonish Road. This will allow the applicant additional time to review the development concept and meet with area residents. At their meeting of Tuesday June 21, 2022, the Planning Advisory Committee accepted the applicant's request to table consideration of the application until a later date to allow for this review and consultation. Asa result of the request to table the application, it is required to cancel the Public Hearing scheduled for Monday July 11, 2022. A subsequent council report will be prepared recommending a new Public Hearing date following completion of the applicant's review and community consultation. 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: • Grow SERVICE AND FINANCIAL OUTCOMES The scheduling of the public hearing and referral to the Planning Advisory Committee satisfies the legislative and service requirements as mandated by the Community Planning Act. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS N/A ATTACHMENTS None 611:3 D '� r r I l jl COMMON COUNCIL REPORT M&C No. 2022-219 Report Date June 20, 2022 Meeting Date June 27, 2022 Service Area Utilities and Infrastructure Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT. Contribution Agreement for funding under the ICF — Adapting and reimagining community spaces (CCRF) AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Samir Yammine J. Brent McGovern I John Collin RECOMMENDATION RESOLVED that the City enter into a Contribution Agreement under the Innovative Communities Fund (ICF) — Adapting and Reimagining Community Spaces (CCRF) Program with the Atlantic Canada Opportunities Agency, in the form attached to M&C No. 2022-219; and that the Mayor and City Clerk be authorized to execute said Agreement and any documents ancillary thereto. EXECUTIVE SUMMARY The purpose of this report is to seek Council's approval to enter into an Agreement with the Atlantic Canada Opportunities Agency for funding under the ICF — Adapting and Reimagining Community Spaces (CCRF) Program for the following project: Outdoor Ice Pad Market Plaza. PREVIOUS RESOLUTIONS N/A REPORT The Contribution Agreement will provide financial incentives to the City of Saint John to help offset the eligible expenditures made by the City for the construction of Outdoor Ice Pad at Market Plaza. The program will pay up to 47.18% of total Eligible Costs, up to maximum amount of $300,000. 611%] -2- On November 2022, City staff submitted funding application to Atlantic Canada Opportunities Agency (ACOA) for the Atlantic Canada Opportunities Agency. On June 15, 2022, The City received a notification from ACOA that the application was successful, and the City of Saint John has been approved for a grant in the amount of up to $ 300,000 or 47.18% of the eligible cost toward the Outdoor Ice Pad at Market Plaza. As per the agreement, the project must be completed by February 28, 2023. The proposed project consists of the construction of Outdoor Ice Pad at Market Plaza. This project is part of the Funday Quay Public Space. STRATEGIC ALIGNMENT The project is aligned with Capital Budget Policy, Asset Management Policy, Central Peninsula Neighborhood Plan, Play SJ, Plan SJ. Additionally, the project is aligned with the Council Priorities for Belong: "We value a welcoming community." SERVICEAND FINANCIAL OUTCOMES The City of Saint John will receive a total grant up to $300,000 or 47.18% of the eligible cost toward the construction of the Outdoor Ice Pad at Market Plaza under this grant. The total cost of the project as applied for funding is approximately $635,922 with the remaining construction cost funded under the City's General 2022 Capital Program. The cost of a small Zamboni would be funded in the 2023 budget. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS TheContribution Agreement for funding under the ICF — Adapting and reimagining community spaces (CCRF) has been reviewed by the General Counsel's office. ATTACHMENTS Contribution Agreement under the ICF — Adapting and Reimagining Community Spaces (CCRF) Program Atlantic Canada Agency de Opportunities promotion 6conomique Agency du Canada atlantique 81 Regent Street P.O. Box 578 Fredericton, New Brunswick E3B 5A6 Proj ect No.: 219353 June 15, 2022 City of Saint John P.O. Box 1971 15 Market Square Saint John, New Brunswick E2L 4L 1 Attention: Donna Reardon Dear Donna Reardon: RE: Offer of Assistance under the ICF — Adapting and reima2inin2 community spaces C( CRF) Please find attached a contribution agreement for funding under the ICF — Adapting and reimagining community spaces (CCRF) for your review and signature. This agreement is open for acceptance for sixty (60) calendar days from the date that appears on this letter. We have also included a Pre -authorized Debit/Direct Deposit Authorization (PAD) form for your completion and signature. Please return one signed copy of the contribution agreement and the completed PAD form. In the event the enclosed Contribution Agreement must be presented for approval by Council at public Council meetings, and recognizing the presence of media at Council meetings, you are required to ensure the following practice is adopted: the Agency is notified at least ten (10) days prior to the date this Contribution Agreement will be placed on the Council Agenda for a public meeting; 2. the agenda item regarding the Contribution Agreement will be dealt with in -camera; and the municipality representatives will be advised to decline to speak to media about the Project and official statements by the municipality will be limited to "an announcement will be made in the near future". Once we receive the signed forms, we will provide you with information on how to submit claims under the project. We recommend using ACOA Direct, the Agency's web -based client portal, where you can submit claims online, share documents, collaborate with members of the secure site and access your ACOA account 24 hours a day, 7 days a week. ACOA Direct is the most effective way for you to submit claims. Included with this letter is an ACOA Direct Client NRl 61 Canacta Registration form for your convenience. You can use it to enroll or to make changes if you are already enrolled. If you have any questions, please contact Michael Rouse, the Program Officer assigned to your project, at (800) 561-4030 or (506) 227-8864, or via e-mail at mi chael. rouse@ acoa-ap eca. gc. ca. Yours truly, Rachel Madden Account Assistant Attachments Page 2 of 3 62 Note: Exceptional Circumstances due to the effects of COVID-19 As part of the Government of Canada's response to the COVID-19 outbreak, ACOA is taking proactive measures to mitigate economic impacts in Atlantic Canada. ACOA Clients are experiencing unprecedented disruptions affecting their operations, which in turn affect their ability to provide ACOA with required documentation using standard methods. To ensure that program delivery can continue to be done in a timely manner throughout this period, ACOA is implementing temporary measures that will streamline some work processes by providing additional flexibility for electronic signatures, acceptable methods of transmission of information and requirements for initial advance payments. These temporary measures remain at ACOA's discretion and are in addition to all terms and conditions included in the funding agreement. In regards to document delivery, all delivery methods expressly permitted in the funding agreement continue to be acceptable, including ACOA Direct, which remains the most secure way to transmit protected information. However, it is agreed that, during these exceptional circumstances, email transmission will also be a valid means of sending notices and correspondences to the other party for the purposes of the Notice provisions in the funding agreement. Where a notice or document is communicated to the other party by email, it will be deemed to have been delivered within one (1) working day of being sent. That said, by proceeding with an electronic signature and/or an electronic imaging and transmission of a handwritten signature, you agree that such is a reliable signature method and is binding on the Recipient, that it will have the same force and effect as an original handwritten signature, and that it will be deemed an original for all purposes. This applies to any new agreement, any amendment to an existing agreement, and any other notice or correspondence contemplated under the agreement. In each case, you must preserve the original signed document for the entire term of the funding agreement and must provide such original, as well as any further proof of execution and authorization, to the Agency upon request. If you do not agree with the above or have questions or concerns with any of the items outlined herein, please communicate with your program officer. If any changes are made to these temporary measures or if additional measures are implemented in the context of the COVID-19 pandemic, they will be communicated to you. Page 3 of 3 63 Atlantic Canada Agency de Opportunities promotion economique Agency du Canada atlantique Protected °B" when completed PRE -AUTHORIZED DEBIT (PAD) / DIRECT DEPOSIT (DD) AUTHORIZATION Part A — Recipient Information Recipient Name City of Saint John ACOA Project No. 219353 Part B — Pre -authorized Debit IMPORTANT: Attach a pre-printed void cheque or confirmation letter from the financial institution or complete Part B and ensure to have the original bank stamp on the form. NOTE: Name of Account Holder(s) on pre-printed void cheque or confirmation letter from the financial institution must be the same as the Legal Name on the Contribution Agreement. Branch No. Financial Institution No. Account No. Name(s) of Account Holder(s) Citv of Saint John Financial Institution Address Signature of Financial Institution Official Financial Institution Stamp (required if no void cheque attached) Date All information obtained by the Atlantic Canada Opportunities Agency (the Agency) will be treated in accordance with the Access to Information Act and the Privacy Act. Part C — Direct Deposit Authorization Progress and final payments of the contribution can be deposited directly in the above -mentioned bank account. Do you wish to take advantage of this service? ❑ No ❑ Yes Canada If yes, provide email address Page I of 2 Protected `B" when completed Part D - Consent I/We hereby authorize the Agency to debit the bank account identified above, as per the repayment terms of the contribution agreement(s) and any subsequent amendment. If I/we have checked YES for the Direct Deposit Service, I/we hereby authorize the Agency to credit the bank account identified above. I/We hereby authorize the Agency to debit the bank account identified above with a service fee of $15.00 if a PAD is returned due to insufficient funds. I/We may revoke my/our authorization at any time, subject to providing written notification from me/us of its change or termination. This notification must be received by the 15th day of the month prior to the next scheduled payment. To obtain a sample cancellation form, or for more information on my/our right to cancel a PAD agreement I/we may contact my/our financial institution or visit www.cdnpay.ca. Uwe acknowledge that this cancellation does not terminate any obligation that I/we may have with the Agency. Uwe acknowledge that I/we must continue to make payments according to the contribution agreement(s) by a method acceptable to the Agency until the contribution is repaid in full. Should I/we stop making payments, I/we will be in default of the contribution agreement(s). I/We have certain recourse rights if any debit does not comply with this agreement. For example, I/we have the right to receive reimbursement for any debit that is not authorized or is not consistent with this PAD agreement. To obtain more information on my/our recourse rights, I/we may contact my/our financial institution or visit www.cdnpay.ca. Signature of Authorized Signing Officer Title of Authorized Signing Officer Signature of Authorized Signing Officer Title of Authorized Signing Officer Date Date Please submit the completed form and void cheque via ACOA Direct or by mail to an ACOA office. Page 2 of 2 ICU OppurluCtiCin proitk]Cinn&-wnuaniquc .gcngv du Canada allaniic�ue Cmiaffi ACOA DIRECT CLIENT REGISTRATION SECTION 1— BUSINESS DETAILS Legal Business Name: Operating as: SECTION 2 — MAIN BUSINESS ADDRESS Address: City: Province: Postal Code: SECTION 3 — AUTHORIZED CLIENT ADMINISTRATOR First Name: Last Name: Title: Telephone No.: Email Address: SECTION 4 — AUTHORIZING AUTHORITY First Name: Last Name: Title: Telephone No.: Email Address: PLEASE CHECK OFF THE BOX THAT BEST DESCRIBES YOUR SITUATION Ll SENIOR REPRESENTATIVE with signing authority (Must be a person with a higher level of authority than the Authorized Client Administrator) Ll OWNER, CO-OWNER OR MAJORITY SHAREHOLDER (This person can also act as the Authorized Client Administrator) Ll NON-PROFIT ORGANIZATION / ASSOCIATION (Must be either the president or the chair of the board of the non-profit organization/association) Ll OTHER (please specify) I, the Authorizing Authority named in section 4, assign the person identified in section 3 to act as the Authorized Client Administrator for the purpose of ACOA Direct and authorize this person to accept, on my behalf, the ACOA Direct Online Agreement and any subsequent amendment once this registration request has been approved by ACOA. I acknowledge having read the ACOA Direct Online Agreement (available for consultation here) prior to affixing my signature below. I further understand and agree that by accepting the ACOA Direct Online Agreement, the business identified in section 1 becomes the Client under the terms of the said agreement. SIGNATURE: DATE: C�� ICF — Adapting and reimagining community spaces (CCRF) Project Number: 219353 This Contribution Agreement BETWEEN: ATLANTIC CANADA OPPORTUNITIES AGENCY, having an office in New Brunswick AND: (hereinafter referred to as "the Agency") City of Saint John, a municipal government, having its office located at: P.O. Box 1971 15 Market Square Saint John, New Brunswick E2L 4L 1 (hereinafter referred to as "the Recipient") WHEREAS the Agency has established a program, the Canada Community Revitalization Fund delivered under the Innovative Communities Fund program, to support communities, towns and cities as they invest in infrastructure that will assist with community vitality, support social and economic cohesion and help reanimate communities, (hereinafter referred to as "the Program") WHEREAS the Recipient submitted an application for assistance pursuant to the Program, WHEREAS the Recipient is authorized to enter into this Agreement by a resolution passed at a duly convened council meeting, WHEREAS this Agreement sets out the terms and conditions under which the Agency agrees to provide a contribution to the Recipient, IN CONSIDERATION of their respective obligations set out below, the parties hereto agree as follows: 1.0 Documents Forming Part of this Agreement 1.1 The following documents form an integral part of this Agreement: These Articles of Agreement Schedule 1 — General Conditions Schedule 2 — Statement of Work NRl Page 1 of 7 67 ARTICLES OF AGREEMENT Schedule 3 — Claims and Costs Principles Schedule 4 — Reporting Requirements Schedule 5 — Project Fact Sheet for News Release 1.2 In the event of conflict or inconsistency, the order of precedence among the documents forming part of this Agreement shall be: These Articles of Agreement Schedule 1 — General Conditions Schedule 2 — Statement of Work Other Schedules 2.0 The Project 2.1 The Recipient shall carry out the Project as described in Schedule 2 — Statement of Work, shall make claims in accordance with Schedule 3 — Claims and Costs Principles, shall issue the reports required under Schedule 4 — Reporting Requirements and shall fulfill its other obligations hereunder in a diligent and professional manner using qualified personnel. 2.2 The Recipient shall commence the Project on or before July 1, 2022 (hereinafter referred to as "the Project Commencement Date"). 2.3 The Recipient shall complete the Project on or before February 28, 2023 (hereinafter referred to as "the Project Completion Date"). 3.0 The Contribution 3.1 Subject to all other provisions of this Agreement, the Agency shall make a Contribution ("the Contribution') to the Recipient, with respect to the Project, calculated as the lesser of (a) the amount equal to the assistance rate (%) of the Eligible Costs as stated on Schedule 2 — Statement of Work; and (b) $300,000.00. 4.0 Fiscal Year 4.1 The Recipient agrees that its fiscal year ends on December 31, and there must be no change to that fiscal year without the prior consent of the Agency. Page 2 of 7 68 ARTICLES OF AGREEMENT 5.0 Payments 5.1 The Agency will pay the Contribution to the Recipient in respect of Eligible Costs that are Costs Incurred as defined in Schedule 1, on the basis of itemized claims submitted in accordance with Schedule 3 — Claims and Costs Principles. 5.2 The Agency will not contribute to any Costs Incurred by the Recipient twelve (12) months prior to the receipt of the project application form, but no earlier than April 19, 2021. The date of receipt of the application for this Project is July 23, 2021. The Agency will not accept any Cost Incurred after the Project Completion Date or March 31, 2023, whichever is earlier, unless otherwise agreed to in writing by the Agency. 5.3 Prior to the initial payment, the Recipient shall provide the Agency with the following information, at the satisfaction of the Agency: (a) the completed and signed Pre -authorized Debit/Direct Deposit Authorization (PAD) form as provided by the Agency. 5.4 The Recipient shall, no later than sixty (60) calendar days following the Project Completion Date, submit to the Agency a final claim in accordance with Schedule 3 — Claims and Costs Principles. The Recipient must be able to demonstrate, at the request of the Agency and to the Agency's satisfaction, that all Costs Incurred that have been submitted for payment to the Agency have effectively been paid by the Recipient by monetary payment. 5.5 At the discretion of the Agency, an advance payment may be made to the Recipient. To request an advance payment, the Recipient must submit a completed and signed copy of the Request for an Advance Payment form provided by the Agency and include a monthly cash flow forecast of requirements with respect to the portion of the Eligible Costs funded by the Agency that are to be incurred during the advance period. Such documentation must demonstrate that the advance payment is essential to the successful completion of the Project. The Recipient must, within forty-five (45) calendar days of the end of the period for which the advance was made, demonstrate to the satisfaction of the Agency that the advance payment was applied to the payment of Costs Incurred. 5.6 At the discretion of the Agency or at the request of the Recipient, the Agency may make payments jointly to the Recipient and a third party for Costs Incurred. 5.7 Notwithstanding the foregoing, ten percent (10%) of the Contribution may, at the sole discretion of the Agency, be reserved for the final payment, to be made based on the final claim by the Recipient. Page 3 of 7 69 ARTICLES OF AGREEMENT 5.8 At the sole discretion of the Agency, it may disburse at 100% of eligible project costs incurred as outlined in the Statement of Work up to a maximum of 90% of the approved ACOA contribution. The final claim will include all eligible Project costs incurred to confirm the Agency's contribution does not exceed the approved contribution rate in the Statement of Work. 6.0 Special Condition(s) 6.1 Notwithstanding any other terms or conditions of this Agreement, if the Recipient does not submit a claim for payment or does not provide documentation with the claim that is satisfactory to the Agency within six (6) months from the Effective Date of this Agreement ("the Lapsing Date"), the Agreement will terminate. The Agency may extend the Lapsing Date at its complete discretion and will advise the Recipient of its decision. Notwithstanding any other terms or conditions of this Agreement, the Agency may cancel any balance of the Contribution that has not been claimed within six (6) months from the Project Completion Date ("the End Date"). The Agency may extend the End Date at its complete discretion and will advise the Recipient of its decision. 7.0 Official Languages 7.1 The Recipient agrees: (a) that all public acknowledgments of the Agency's support for the Project will be expressed in both official languages; (b) that basic project information, such as project description, will be developed and made available to the public in both official languages; (c) to invite members of the official -language minority community to participate in any public event relating to the Project, where appropriate; and (d) that main signage components related to the Project will be in both official languages. 8.0 Project Financing 8.1 The Recipient shall provide the Agency with confirmation of the Project financing commitments specified in Schedule 2 — Statement of Work. These commitment letters must be satisfactory to the Agency at its sole discretion. 8.2 The Recipient hereby acknowledges that no federal, provincial or municipal government assistance, other than the government assistance specifically described in Schedule 2 — Statement of Work, has been requested or received by the Recipient for the Project. The Recipient must also, until the end of the Control Period, promptly inform the Agency of Page 4 of 7 70 ARTICLES OF AGREEMENT any changes to such assistance in accordance with Schedule 1 — General Conditions, Other Government Assistance. 9.0 Environmental Requirements 9.1 The Recipient represents that the Project is not a "designated project" as defined in the Impact Assessment Act, S.C. 2019, c. 28, s. 1 (IAA) and that an impact assessment (IA) or a determination under section 82 of IAA, are not required for the Project. 9.2 If, as a result of changes to the Project or otherwise, the Project is a "designated project" as defined in the IAA, the Recipient agrees that construction of the Project, including site preparation, will not be undertaken or will be suspended and no funds or additional funds will become or will be payable by the Agency to the Recipient for the Project unless, and until: (a) in the case of an IA, a decision statement has been issued to the Recipient; or (b) in the case of a determination under section 82 of IAA, the Agency determines that the Project is not likely to cause significant adverse environmental effects or is likely to cause significant adverse environmental effects that are justified in the circumstances. 9.3 For any IA or determination made under IAA, as a result of changes to the Project or otherwise: (a) the Recipient will comply with, to the satisfaction of the Agency and at the Recipient's own expense, all conditions included in the decision statement issued under IAA, or other conditions that the Agency may require in coming to a determination under section 82 of IAA. (b) the Recipient will allow the Agency and its agents, employees, servants or contractors to access and enter at any time during reasonable hours upon any real property under the ownership or control of the Recipient for the purpose of ensuring that any conditions and mitigation measures are implemented for the Project. 10.0 Communications 10.1 The Recipient must consult with the Agency regarding communication activities relating to the Project in accordance with Schedule 1 — General Conditions, Communications. Page 5 of 7 71 ARTICLES OF AGREEMENT 11.0 Notice 11.1 Any notice or correspondence to the Agency, including the attached duplicate copy of this Agreement signed by the Recipient, must be addressed to: Atlantic Canada Opportunities Agency 81 Regent Street P.O. Box 578 Fredericton, New Brunswick E3B 5A6 Attention: Michael Rouse or to such address as is designated by the Agency in writing. 11.2 Any notice or correspondence to the Recipient shall be addressed to: City of Saint John P.O. Box 1971 15 Market Square Saint John, New Brunswick E2L 4L 1 Attention: Donna Reardon 12.0 Entire Agreement 12.1 This Agreement, if accepted, will constitute the entire Agreement between the Parties with respect to its subject matter. No amendments will be made to the Agreement unless agreed upon in writing by both parties. 13.0 Joint and Several Obligations 13.1 Where this Agreement has been executed by more than one Recipient, the liability of each Recipient is joint and several, and every reference in this Agreement to the "Recipient" or "if' or "its" in the context of referring to the Recipient shall be construed as meaning each person named as a Recipient, as well as all of them. Without limiting the generality of the foregoing, all covenants, representations and warranties of the Recipient in this Agreement shall be construed as having been made by each Recipient and by all of them considered as a single person. 14.0 Effective Date 14.1 This Agreement will come into effect on the date of last signature by the parties (the "Effective Date"). In the event a party has failed to date a signature, the Effective Date will be the date the Agency receives the Agreement signed by all parties. Page 6 of 7 72 ARTICLES OF AGREEMENT IN WITNESS WHEREOF the parties hereto have executed this Agreement through duly authorized representatives. ATLANTIC CANADA OPPORTUNITIES AGENCY Graham, Darren A Darren Graham A/Economic Development Manager Project No.: 219353 Digitally signed by Graham, Darren A DN: c=CA, o=GC, ou=ACOA-APECA, cn=Graham, Darren A Date: 2022.06.15 08:57:23-03'00' Date This Agreement may be executed in separate counterparts, each of which will be deemed to be an original, and such separate counterparts will together constitute one and the same instrument. The executed Agreement may be communicated to the Agency by facsimile transmission, by ACOA Direct, or as otherwise agreed to by the Agency and such will be deemed to be an original for all purposes. Date: , 2022 (Insert date of signature) Date: , 2022 (Insert date of signature) City of Saint John Signature Name: (please print) Title/Position (please print) Signature Name: (please print) Title/Position: (please print) Page 7 of 7 73 SCHEDULE 1 GENERAL CONDITIONS 1.0 Definitions Average Bank Rate means the weighted arithmetic average of the Bank of Canada rates that are established weekly during the month preceding the month in respect of which interest is being calculated. Background Intellectual Property means the intellectual property rights in the technology developed prior to the beginning of the Project and required for the carrying out of the Project or the exploitation of the Foreground Intellectual Property. Control Period means the period commencing on the Effective Date and ending on the later of two years after the Project Completion Date or the date when all obligations of the Recipient under this Agreement have been paid, met, or otherwise discharged to the satisfaction of the Agency. Costs Incurred means the Eligible Costs for goods and/or services that have been received by the Recipient and that the Recipient has paid for by monetary payment or has a legal obligation to pay for by monetary payment in the future. Any Eligible Costs received that have been paid or will be paid for by means other than monetary payment, including, without limitations, in -kind and non -cash transactions, do not qualify as Costs Incurred for which the Agency can pay the Contribution. Due Date, in relation to an amount owing to the Agency, means: (i) the day on which a scheduled repayment is to be made; or, (ii) where no repayment schedule has been arranged, the day that is normally thirty (30) calendar days after the date on which a demand for payment is issued. Eligible Costs means those costs listed in Schedule 2 — Statement of Work, that comply with the principles of Schedule 3 — Claims and Costs Principles and that are necessary to carry out the Project. Foreground Intellectual Property means all technical data, including without limitation, all designs, specifications, software, data, drawings, plans, reports, patterns, models, prototypes, demonstration units, practices, inventions, methods, applicable special equipment and related technology, processes or other information or know-how conceived, produced, developed or reduced to practice in carrying out the Project, and all rights therein, including without limitation, patents, copyrights, industrial designs, trade- marks, and any registrations or applications for the same and all other rights of intellectual property therein, including any rights which arise from the above items being treated by the Recipient as trade secrets or confidential information. Interest Rate means the rate of interest equal to three percent (31/o) higher than the Average Bank Rate. Parties mean the Agency and the Recipient. Page 1 of 12 74 SCHEDULE I GENERAL CONDITIONS Project means the undertaking this Agreement is based on and that is further described in Schedule 2 — Statement of Work. Project Assets means the assets that have been contributed to by the Agency. These are listed in Schedule 2 — Statement of Work. 2.0 Representations, Warranties and Undertakings 2.1 Representations, Warranties and Undertakings by the Recipient The Recipient hereby certifies that the representations, warranties and undertakings set out below are, and will be as of the date of execution of the Contribution Agreement, true and correct in all material respects and undertakes to advise the Agency of any changes that materially affect them. 2.2 Power and Authority of Recipient Where the Recipient is not an individual, the Recipient represents and warrants that it is duly incorporated, validly existing, in good standing, and has the power and authority to carry on its business, to hold property and to enter into this Agreement. The Recipient undertakes to initiate all the necessary actions required to remain in good standing and to preserve its legal capacity. 2.3 Authorized Signatories The Recipient represents and warrants that the signatory or signatories to the Agreement, as applicable, has or have been duly authorized to execute and deliver the Agreement on behalf of the Recipient. 2.4 Binding Obligations The Recipient represents and warrants that the execution, delivery and performance of the Agreement have been duly and validly authorized and that upon execution, the Agreement will constitute a legal, valid and binding obligation on the Recipient enforceable in accordance with its terms. 2.5 Prior Consents and Representations The Recipient hereby certifies that all information, representations, consents, authorizations and certifications that form part of or were provided in support of the Recipient's application for assistance for this Project, including, without limitation, all annexes, project plans and attached documents, are, as of the date of execution of the Contribution Agreement, true and correct in all material respects and remain valid and binding on the Recipient. The Recipient undertakes to advise the Agency of any changes during the term of this Agreement that materially affect any such information, representations, consents, authorization and certifications. Page 2 of 12 75 SCHEDULE I GENERAL CONDITIONS 2.6 No Pending Suits or Actions The Recipient warrants that it is under no obligation or prohibition, nor is it subject to or threatened by any actions, suits or proceedings that could or would prevent compliance with this Agreement. The Recipient will advise the Agency forthwith of any such occurrence during the term of the Agreement. 2.7 No Gifts or Inducements The Recipient represents and warrants that it has not, nor has any person on its behalf, offered or promised to any official or employee of Her Majesty the Queen in Right of Canada any bribe, gift or other inducement for or with a view to obtaining the Agreement. And it has not, nor has any person on its behalf, employed any person to solicit the Agreement for a commission, contingency fee or any other consideration dependant upon the execution of the Agreement. 2.8 Compliance The Recipient shall apply, in relation to the Project, in all material respects, the requirements of all applicable laws, regulations, orders and decrees of any regulatory bodies having jurisdiction over the Recipient or the Project. 2.9 Other Agreements The Recipient represents and warrants that it has not entered, and undertakes not to enter, into any agreement, without the Agency's written consent that would prevent the full implementation of this Agreement by the Recipient. 2.10 Real Property Where the Project involves capital investment in real property, the Recipient represents and warrants that: (a) it has taken appropriate steps to ensure that it either owns the real property required for or impacted by the Project, or holds sufficient rights in the same to permit the Project to be carried out and the Project results to be achieved; (b) the title or interest of the Recipient in the real property required for or impacted by the Project is to remain with the Recipient for the duration of this Agreement; and (c) the Recipient shall take appropriate steps to protect its title or interest in the real property required for or impacted by the Project and shall, upon request, provide information to the Agency in that regard. 2.11 Public Accessibility and Community Vocation The Recipient shall ensure that the infrastructure related to the Project is and remains accessible to the public and continues to play its role in the community until the end of the Agreement. Page 3 of 12 76 SCHEDULE I GENERAL CONDITIONS 3.0 Other Financing 3.1 The Recipient remains solely responsible for providing or obtaining the funding, in addition to the Contribution, required to carry out the Project and fulfill the Recipient's obligations under this Agreement. 4.0 Other Government Assistance 4.1 Until the end of the Control Period, the Recipient will promptly inform the Agency, in writing, of any assistance that has been, will be or could be received from federal, provincial or municipal sources other than those identified in Schedule 2 — Statement of Work. The Agency may adjust the Contribution to take into account the amount of any such assistance and may require repayment from the Recipient. 5.0 Values and Ethics 5.1 Members of the Senate and House of Commons No member of the Senate or House of Commons shall be allowed to derive any financial advantage resulting from the Contribution that would not be permitted under the Parliament of Canada Act. 5.2 Members of a Provincial or Territorial Legislature Members of a provincial or territorial legislature shall be governed by provincial or territorial conflict -of -interest guidelines in effect during the term of this Agreement. 5.3 Conflict of Interest The Recipient acknowledges that individuals who are subject to the provisions of the Conflict of Interest Act, 2006, c. 9, s. 2, the Conflict of Interest Code for Members of the House of Commons, the Conflict of Interest Code for Senators, the Values and Ethics Code for the Public Service, or any other values and ethics codes applicable within provincial or territorial governments or specific organizations cannot derive any direct benefit resulting from this Agreement unless the provision or receipt of such benefit is in compliance with such legislation and codes. 6.0 Dispute Resolution 6.1 If a dispute arises concerning the application or interpretation of the Agreement, the Agency and the Recipient shall attempt to resolve the matter through good faith negotiations and may, if necessary and if the Agency and the Recipient consent in writing, resolve the matter through mediation or arbitration by a mutually acceptable mediator or arbitrator in accordance with the Commercial Arbitration Code set out in the schedule to the Commercial Arbitration Act (Canada) and all regulations made pursuant to that Act. Page 4 of 12 77 SCHEDULE 1 GENERAL CONDITIONS 7.0 Restrictions on Distributions 7.1 The Recipient shall not make corporate distributions unless otherwise approved by the Agency. Corporate distributions are defined for the purpose of this Agreement as any payment to any member, shareholder, director, officer or associate company of the Recipient, including, without limitations, bonuses, dividends, salaries or repayment or granting of debt to any of the aforementioned parties, excluding salaries to officers or other employees in the ordinary course of business. 8.0 Lobbying 8.1 The Recipient shall ensure that any person lobbying, as defined in the federal Lobbying Act, on its behalf in relation to this Agreement or the Project is registered pursuant to the said Act. 9.0 Relationship with the Agency 9.1 The Agency and the Recipient declare that nothing in this Agreement shall be construed as creating employment, a partnership, joint venture or agency relationship between the Agency and the Recipient. The Recipient is not in any way authorized to make a promise, agreement or contract or to incur any liability on behalf of Her Majesty in Right of Canada, and shall be solely responsible for any and all payments and deductions required by all applicable laws. The Recipient shall indemnify and save harmless the Agency in respect of any claims arising from failure to comply with the foregoing. 10.0 Termination 10.1 The Agreement will terminate at the end of the Control Period. 11.0 Force Majeure 11.1 Event of Force Maj eure The Recipient will not be in default by reason only of any failure in performance of the Project in accordance with Schedule 2 — Statement of Work if such failure arises through no fault or negligence of the Recipient and is caused by an event of force maj eure. 11.2 Definition of Force Mai eure Force majeure means any cause that is unavoidable or beyond the reasonable control of the Recipient, including war, riot, insurrection, orders of government or any act of God or other similar circumstance beyond the Recipient's control and that could not have been reasonably circumvented by the Recipient without incurring unreasonable cost. Page 5 of 12 78 SCHEDULE 1 GENERAL CONDITIONS 12.0 Communications 12.1 The Recipient consents to public announcements of the Project, by or on behalf of the Agency. The Recipient shall also acknowledge the Agency's Contribution in any public communications of the Project and shall obtain the approval of the Agency before preparing any announcements, brochures, advertisements, web content or other materials that will display the ACOA corporate identifier and Canada wordmark or otherwise make reference to the Agency. 12.2 The Agency shall inform the Recipient of the date on which the announcement is to be made and the Recipient shall keep this Agreement confidential until such date. Notwithstanding the foregoing, the information referenced in Schedule 5 — Project Fact Sheet for News Release will be considered to be in the public domain on the earlier of: the public announcement of the Project by the Agency or the Recipient, the public disclosure or publication of the said information by the Agency in accordance with applicable legislation, or the expiration of sixty (60) calendar days after the Recipient's acceptance of this Agreement. 12.3 The Recipient must advise the Agency at least thirty (30) calendar days in advance of any special event such as, but not limited to, an official opening, ribbon cutting or other like event that the Recipient organizes in connection with the Project. A ceremony will be held on a date that is mutually acceptable to the Agency and the Recipient. The Recipient consents to having the Minister responsible for the Agency, or a designate, participate in any such ceremony. 12.4 The Recipient agrees to the distribution by the Agency of information about the Project as part of public communication initiatives including, but not limited to, feature stories, news releases, speeches, web content, Agency promotional materials and special publications. 12.5 The Agency may, at its sole discretion, withdraw the requirements of the Recipient's acknowledgement of the Agency's Contribution in all public communications of the Proj ect. 13.0 Material Changes 13.1 No material changes will be made to the estimated total scope, the nature or any element of the Project or to any element of the Recipient's operation without the prior written consent of the Agency. A material change includes, but is not limited to, change in the ownership or control of the Recipient or the assets, management, financing, location of the Project or facilities, size of the facilities, timing, expected results, or other government contributions. When consent is requested from the Agency in regard to any material change the Recipient shall provide, in a timely manner, all documentation and information as may be required by the Agency, at its discretion. Page 6 of 12 79 SCHEDULE 1 GENERAL CONDITIONS 14.0 Disposal of Assets 14.1 Without limiting the generality of Schedule 1 — General Conditions, Material Changes, the Recipient shall retain possession and control of the Project Assets, the cost of which the Agency contributed to under the Agreement, and shall not, prior to the end of the Control Period, sell, dispose of, cease to use, or transfer to commercial use Project Assets without the prior written consent of the Agency. 14.2 The issuance of such consent, if any, may be made subject to conditions the Agency deems appropriate in the circumstances, at its discretion. Such conditions may include, without limitation, the condition(s) that the Recipient replace the Project Asset(s) disposed of with comparable asset(s) of equal or lesser value for use in the Project, that the Recipient pay the Agency forthwith all funds recovered by the Recipient pursuant to the sale or disposal of the Project Asset(s), and/or that the Recipient pay the greater of the percentage of assistance rate, as specified in Schedule 2 Statement of Work of the: (a) proceeds of disposition of the Project Asset(s); or (b) fair market value of the Project Asset(s). 15.0 Insurance Coverage 15.1 The Recipient is responsible for deciding the appropriate insurance coverage required to fulfill its obligations herein and to ensure compliance with any applicable laws. Any insurance acquired or maintained by the Recipient is at its own expense and for its own benefit and protection. It does not release the Recipient from or reduce its liability under this Agreement. 16.0 Monitoring, Rights to Audit and Physical Access 16.1 During the term of the Agreement, the Recipient shall provide, to the Agency, the books, accounts and records of the Project and all information necessary to ensure compliance with this Agreement and for audit examination. 16.2 The Recipient shall provide representatives of the Agency reasonable access to its premises to inspect and assess the progress of the Project, or any element thereof, and will supply, promptly on request, such data as the Agency may reasonably require for statistical or Project evaluation purposes. 16.3 The Recipient shall, at its own expense, preserve and make available for audit and examination by the Agency or its representatives, for a period of thirty-six (36) months after the end of the Control Period, the books, accounts and records of the Project and all information necessary to verify compliance and ability for compliance with the terms and conditions of this Agreement, including payment of amounts to the Agency, and to assess Page 7 of 12 80 SCHEDULE 1 GENERAL CONDITIONS the success of the Project and the Program. The Agency will have the right to conduct such additional audits and evaluations at its own expense as may be considered necessary, using the staff of the Agency or of other federal departments or agencies, an independent firm or the Recipient's external auditors. 16.4 The Recipient shall also make records and information available to the Auditor General of Canada when requested by the Auditor General for the purpose of an inquiry under subsection 7. l(1) of the Auditor General Act. 16.5 The Recipient will assist the Agency with its monitoring of the Agreement and where applicable, will obtain required information from third parties to provide to the Agency and will facilitate the Agency's access to the information and premises of third parties relating to the Agreement. 17.0 Overpayment 17.1 Where, for any reason: (a) the Recipient is not entitled to the Contribution; or (b) the Agency determines that the amount of the Contribution disbursed exceeds the amount to which the Recipient is entitled, the Recipient shall repay the amount of the overpayment to the Agency, promptly and no later than thirty (30) calendar days from the date of the notice of such overpayment from the Agency. Any such amount is a debt due to Her Majesty in Right of Canada and may be recovered as such. 18.0 Right to Set-off 18.1 Without limiting the scope of set-off rights available to the Crown at common law, under the Financial Administration Act or otherwise, the Agency may: (a) set-off against any portion of the Contribution that is payable to the Recipient pursuant to the Agreement, any amount that the Recipient owes to Her Majesty under legislation or any other agreement of any kind; and (b) set-off against any amounts that are owed to the Agency by the Recipient, any amount that is payable by Her Majesty under legislation or any other agreements of any kind to the Recipient. Page 8 of 12 81 SCHEDULE 1 GENERAL CONDITIONS 19.0 Interest and Administrative Charges 19.1 Payments When any payment is received from the Recipient on account of an overpayment, a disposal of asset or an event of default, the Agency shall apply that payment first to reduce any accrued interest and/or administrative charges owing and then, if any part of the payment remains, to reduce the outstanding principal balance in reverse order of maturity. 19.2 Overdue Accounts The Recipient shall pay, where the account is overdue and in addition to any amount payable, interest on that amount at the Interest Rate in accordance with the Interest and Administrative Charges Regulations, which may be amended from time to time. The interest, calculated daily and compounded monthly, will accrue starting on the Due Date and ending on the day before the date on which the payment is received by the Agency. 19.3 Fee An administrative fee will be charged on every payment rejected by the Recipient's financial institution for any reason, in accordance with the Interest and Administrative Charges Regulations, which may be amended from time to time. The current fee is set at fifteen dollars ($15). 20.0 Events of Default 20.1 The following constitute events of default: (a) the Recipient is, in the opinion of the Agency, bankrupt or insolvent, goes into receivership or takes the benefit of any statute from time to time in force relating to bankrupt or insolvent debtors; (b) an order is made or resolution passed for the winding up of the Recipient, or the Recipient is dissolved; (c) the Recipient, during the term of the Agreement, has defaulted under the terms and conditions of any agreement or arrangement, with any financial institution or creditor with rights to the property or assets of the Recipient; (d) in the opinion of the Agency, the Recipient ceases to carry on business; (e) the Recipient submits false or misleading information to the Agency; (f) the Recipient is no longer eligible under the "eligibility criteria" of the Program; (g) the Recipient makes a false or misleading statement concerning assistance by the Agency in a prospectus or other document related to raising funds; Page 9 of 12 82 SCHEDULE 1 GENERAL CONDITIONS (h) the Recipient has not met or satisfied a term or condition of this Agreement; or (i) the Recipient has not met or satisfied a term or condition under any other contribution agreement, or agreement of any kind, with Her Majesty in right of Canada. 21.0 Remedies on Default 21.1 If an event of default has occurred or, in the opinion of the Agency is likely to occur, the Agency may exercise one or more of the following remedies: (a) suspend or terminate any obligation by the Agency to contribute to the Costs Incurred, including any obligation to pay any amount owing prior to the date of such suspension or termination; (b) require the Recipient to repay to the Agency all or part of the Contribution paid by the Agency to the Recipient, together with interest at the Interest Rate in accordance with the Interest and Administrative Charges Regulations, as may be amended from time to time. The interest, calculated daily and compounded monthly, will accrue commencing upon the date of the event of default as specified in the demand for payment issued by the Agency and ending on the day before the date on which the payment is received by the Agency. 21.2 The Recipient acknowledges that, in view of the policy objectives served by the Agency's agreement to make the Contribution, the fact that the Contribution comes from public monies and that the amount of damages sustained by the Crown in the event of default is difficult to ascertain, it is fair and reasonable that the Agency be entitled to exercise any or all of the remedies provided for in, Remedies on Default, of these General Conditions, and to do so in the manner provided for in this section if an event of default occurs. 21.3 The fact that the Agency refrains from exercising a remedy it is entitled to exercise under the Agreement will not constitute a waiver of such right and any partial exercise of a right will not prevent the Agency in any way from later exercising any other right or remedy under the Agreement or other applicable law. 22.0 Annual Appropriations 22.1 Parliamentary Allocation Any payment by the Agency under this Agreement is subject to there being a sufficient appropriation for the fiscal year, beginning on April 1 and ending on the following March 31, in which the payment is to be made and is subject to cancellation or reduction in the event that departmental funding levels are changed by Parliament. Page 10 of 12 83 SCHEDULE I GENERAL CONDITIONS 22.2 Lack of Appropriation In the event the Agency is prevented from disbursing the full amount of the Contribution due to a lack or reduction of appropriation or departmental funding levels, the Parties agree to review the effects of such a shortfall in the Contribution on the implementation of the Agreement and to adjust, as appropriate, the expected results from the Project specified in Schedule 2 — Statement of Work. 23.0 Notice 23.1 Any notice required to be given with respect to this Agreement must be in writing and will be effectively given if delivered or sent by ordinary or registered mail, ACOA Direct, courier or fax, addressed to the party for whom the notice is intended. Any notice will be deemed to have been received on delivery. Any notice sent by ACOA Direct or fax will be deemed to have been received one (1) working day after being sent. Any notice sent by mail will be deemed to have been received eight (8) calendar days after being sent. 24.0 Consent of the Agency 24.1 Where a consent or an agreement is requested from the Agency under this Agreement, the Agency has the right to grant or refuse the consent or agreement and, where it decides to grant the consent or agreement, to do so subject to such conditions the Agency deems appropriate, at its discretion. 25.0 No Assignment of Agreement 25.1 The Recipient shall not assign the Agreement or any part thereof without the prior written consent of the Agency. 26.0 Indemnity 26.1 The Recipient shall indemnify and save harmless the Agency from and against all claims, losses, damages, costs and expenses that may be brought against or suffered by the Agency, and that the Agency may incur, sustain or pay arising out of or relating to any injury to or death of a person or loss to property or other loss or damage caused or alleged to be caused by the Recipient or its servants, agents, subcontractors or independent contractors in the course of carrying out the obligations of the present Agreement. 27.0 Cancellation of Agreement 27.1 The Agency may, upon thirty (30) calendar days' notice duly given to the Recipient in accordance with the Notice section of these General Conditions, cancel this Agreement at any time if, in the Agency's opinion, Schedule 2 — Statement of Work has not been executed in a satisfactory manner or if the progress and objectives outlined in the Agreement have not been met. Page 11 of 12 84 SCHEDULE I GENERAL CONDITIONS 28.0 Access to Information Act and Privacy Act 28.1 This Agreement and all information obtained by the Agency in the course of and pursuant to this Agreement and the Recipient's application, will be subject to and treated in accordance with the Access to Information Act and the Privacy Act, as applicable, and as amended from time to time. 28.2 Without limiting the generality of the preceding paragraph, the Recipient acknowledges and agrees that the Agency will proactively publish information regarding this Agreement in accordance with the Access to Information Act, as amended from time to time. 29.0 Aboriginal Consultation 29.1 The Recipient acknowledges that the Agency's obligation to pay the Contribution is conditional upon the Agency satisfying any obligation that it may have to consult with or to accommodate any Aboriginal groups that may be affected by the terms of this Agreement. 30.0 Applicable Law 30.1 This Agreement must be interpreted in accordance with the laws in force in the province in which the office of the Agency is located. Page 12 of 12 85 SCHEDULE 2 STATEMENT OF WORK Project Description City of Saint John is seeking funding for a project that involves the theme of adapting and reimagining/re-envisioning community spaces. The project activity includes the construction of an outdoor skating rink in the downtown core, that will benefit and encourage the inclusion of youth and other citizens living and working in the downtown. The project will contribute to the vitality, support social and economic cohesion and help reanimate the community. Proiect Location SAINT JOHN, NEW BRUNSWICK Proiect Financing Proiect Costs $ Financing $ Machinery/Equipment 635,922 ACOA Contribution 300,000 Cashflow from operations 335,922 Total Project Costs 635,922 Total Financing 635,922 Eligible Costs $ Assistance Rate (%) Contribution ($) Machinery/Equipment 635,922 47.18% 300,000 Total Eligible Costs 635,922 Total Contribution 300,000 Total Project Costs 635,922 Details on Proiect Activities and Costs Machinery/Equipment includes custom portable ice rink purchase and installation costs such as floor system; two refrigeration units; main piping; ice making and maintenance training; custom ice rink handrail; solar lighting; electrical, housing and concrete pad; contingency and non- refundable taxes (28.5733%). Expected Results from the Proiect The federal government requires that results from projects receiving federal funding be identified. The Agency will thus follow-up on the following expected results identified from your proj ect. Expected Project Results Building or improving community infrastructure through the expansion, improvement or creation of community spaces as outlined in the project description (establishment of an outdoor skating rink). Page 1 of 2 86 SCHEDULE 2 STATEMENT OF WORK Means of Verification Project progress reports submitted by the Recipient. Picture of the completed infrastructure. Recipient's final report. Page 2 of 2 87 SCHEDULE 3 CLAIMS AND COSTS PRINCIPLES 1.0 Claims 1.1 The Agency will pay the Contribution to the Recipient, in respect of Costs Incurred, on the basis of claims that: (a) are submitted on claim forms provided by the Agency and include the details of all Costs Incurred being claimed; (b) are completed and certified by an authorized signing officer of the Recipient; and (c) if applicable include a declaration, of any overdue amounts owed to Her Majesty the Queen in Right of Canada pursuant to any obligation other than this Agreement and provide details of any such amounts. 1.2 The total amount of the Contribution paid to the Recipient in respect to Costs Incurred but not yet paid to suppliers shall not exceed fifty per cent (50%) of the total authorized Contribution. 1.3 Unless specified in the Articles of Agreement — Payments, supporting documents do not need to be included when submitting a claim. However, purchase orders, cancelled cheques, invoices, receipts and all other supporting documentation must be retained and readily available for examination by the Agency during or after any payment in accordance with Schedule 1 — General Conditions, Monitoring, Rights to Audit and Physical Access. 1.4 With the submission of the final claim, the Recipient shall submit a final payment certificate, on a form provided by the Agency for that purpose attesting that the Costs Incurred for the entire Project have been paid to the suppliers. The term "paid" herein and in the certification means paid by monetary payment. This certificate must be certified by an authorized signing officer of the Recipient. 1.5 Payments to the Recipient may be withheld by the Agency if the Recipient has any outstanding obligations hereunder, including any outstanding reports, required in Schedule 4 — Reporting Requirements. 2.0 Project Costs Principles 2.1 Total Eligible Costs of the Proiect The total Eligible Costs of the Project, as listed in Schedule 2 — Statement of Work, will be the sum of the applicable direct costs that are or will reasonably and properly be incurred in the performance of the Project, less any applicable credits. Page 1 of 4 88 SCHEDULE 3 CLAIMS AND COSTS PRINCIPLES 2.2 Incremental Costs Eligible Costs, as identified in Schedule 2 — Statement of Work, include only incremental costs deemed essential for the implementation of the Project. Incremental costs are those that are new or additional, or costs that would not have otherwise been incurred if not for the implementation of the Project. 2.3 Reasonable Costs Eligible Costs, as identified in Schedule 2 — Statement of Work, include only those costs that are reasonable. A cost is reasonable if, in nature and amount, it does not exceed what would be incurred by an ordinary, prudent person in the conduct of competitive business. In determining the reasonableness of a particular cost, consideration must be given to: (a) whether the cost is at fair market value; (b) the restraints and requirements of factors such as generally accepted sound business practices, arm's-length bargaining, federal, provincial and local laws and regulations, and agreement terms; (c) the action that prudent business persons would take in the circumstances, considering their responsibilities to the owners of the business, their employees, customers, stakeholders, the Government and the public at large; (d) significant deviations from the established practices of the Recipient that may unjustifiably increase Eligible Costs; and (e) the specifications, delivery schedule and quality requirements of the particular Project that may affect costs. 2.4 Travel Costs Eligible travel costs include transportation, accommodations and meals (but not incidentals) that are directly attributable to the Project and included in Schedule 2 — Statement of Work. The Agency will reimburse the recipient in regards to kilometers and meal costs incurred by the Recipient during eligible travel at the requested rates or at a maximum of the rates set out in the National Joint Council Directive (the Directive) (www.njc-cnm.gc.ca), as may be amended from time to time. These costs shall be reimbursed using the rates requested by the recipient up to a maximum amount of the kilometric rates as set forth in Appendix B of the Directive and meal allowances as set forth in Appendix C or D of the Directive. Notwithstanding the foregoing, no travel costs will be paid or allocated for transportation, accommodations, kilometers or meals that are either non -eligible or that were at no costs to the Recipient or included as part of other costs incurred (i.e. conference, inclusive -type accommodations, group transportation, etc.). Page 2 of 4 89 SCHEDULE 3 CLAIMS AND COSTS PRINCIPLES 2.5 General Administrative Costs General administrative costs include expenditures for office supplies, courier charges, utilities/telecommunications (e.g. telephone, fax, internet, electricity), and other office expenses identified as being directly attributable to the Project and included in Schedule 2 — Statement of Work. Incremental costs are only acceptable when they can be substantiated by the Recipient. 2.6 Salary and Wages Costs Salary costs must be incremental and essential for the Project. Such wages or salaries must be for employees on the Recipient's payroll and included in Schedule 2 — Statement of Work. The acceptable payroll rate shall be the regular pay rate for the period, excluding premiums paid for overtime or shift work. Salary and wages costs must be claimed on the same basis as they are incurred and paid to employees (i.e. weekly, bi-weekly, monthly), as supported by payroll records. In certain cases, a salaried employee may not work exclusively on one Project. In those instances, only the proportion of their salary based on the actual time spent on the Project, as supported by timesheets or other satisfactory form of time recording may be considered as an Eligible Cost of the Project. In order to determine the proportion of the employee salary for the time spent on the Project (a daily or hourly pay rate), the total amount of the days during a salary year can be reduced by the number of vacation days and statutory holidays to which the employee is entitled during that year, as applicable. No other deduction or mechanisms for increasing the proportion of the time spent on the Project will be allowed without the prior consent of the Agency. When it has been expressly included in Schedule 2 — Statement of Work, salary costs for the performance of an authorized and incremental role of qualified management personnel may be claimed in accordance with this Schedule. 2.7 Payroll Burden Payroll burden associated with eligible wages and salaries included in Schedule 2 — Statement of Work, which includes items such as group insurance, pension plans and the employer's share of federal deductions, is also eligible for personnel directly associated with the Project. The Recipient can claim a rate of fifteen percent (15%) of salaries and wages for the payroll burden. 2.8 Non -Eligible Costs The Agency considers certain categories of costs as non -eligible. These may include, but are not necessarily restricted to, items such as: (a) any costs associated with the acquisition of land and /or the purchase of a building; (b) any costs related to goodwill; Page 3 of 4 90 SCHEDULE 3 CLAIMS AND COSTS PRINCIPLES (c) costs associated with motorized vehicles; (d) costs associated with maintenance and operational activities that typically need to be undertaken on a recurring/annual basis; (e) costs allocation for the use of existing space owned by the Recipient; (f) fixed period costs (for example, recurring costs such as property taxes, rentals and a reasonable provision for depreciation; (g) entertainment expenses (does not include networking receptions) and first class airfare; (h) insurance, except if the cost is directly related to construction and is capitalized (in accordance with Generally Accepted Accounting Principles or International Financial Reporting Standards) as part of the Project; (i) dues and other membership fees; (j) severance pay, cash -out of unused vacation, bonuses, overtime premium for salaried employees and commissions; (k) interest costs, bond discounts, and other financing costs; and (1) any costs, such as amortization and in -kind, that would not necessitate an expenditure of cash by the Recipient. 2.9 Credits Credits are defined as the applicable portion of any income, rebate, allowance or other credit relating to any incurred cost received by or accruing to the Recipient. This includes the input tax credit or the reimbursement of sales taxes paid by the Recipient for goods and services. These credits must be taken into consideration in calculating Eligible Costs. Page 4 of 4 91 SCHEDULE 4 REPORTING REQUIREMENTS 1.0 General 1.1 Progress Report with Each Claim The Recipient shall submit a progress report with each claim for payment, on the form provided by the Agency for that purpose, detailing the progress and results of the Project. Each progress report shall contain the following information in relation to the Project: (a) a description of the progress made in the fulfillment of Schedule 2 — Statement of Work during the reporting period; (b) an assessment of any significant delay in completing the Projector in attaining any expected result identified in Schedule 2 — Statement of Work, the reasons for such delay, and mitigation measures being taken; and (c) the Recipient's revised projection of Project cash flows for the current fiscal year, if any significant change is expected. 1.2 Report on Project Results After the final payment of the Contribution by the Agency and until the end of the Control Period, the Recipient shall submit upon request by the Agency, a report detailing the actual results of the Project as compared to the expected results in Schedule 2 — Statement of Work, using the means of verification identified therein. All deviations must be explained. The report must be satisfactory to the Agency, at its sole discretion. The Agency may request independent third -party verification of this report or of the Project results, and the Recipient shall provide such independent verification upon written request and at its own expense. 2.0 Other Reports 2.1 Prior to any payment exceeding ninety percent (90%) of the total Contribution, the Recipient shall provide a statement of the total funding from all sources for the Project, including total Canadian government funding received. Page 1 of 1 92 SCHEDULE 5 FACT SHEET FOR NEWS RELEASE Program: Project No: The Agency's ICF — Adapting and 219353 reimagining community spaces (CCRF) Name and Address of Recipient: Recipient Contact: City of Saint John Name: Donna Reardon P.O. Box 1971 Title: Mayor 15 Market Square Telephone: (506) 658-2912 Saint John, New Brunswick Fax: E21, 4L 1 Project Location: Project Type: SAINT JOHN, NEW BRUNSWICK Business Support Agreement Type: Contribution Project Description: Build an outdoor skating rink in support of outdoor spaces in a downtown core Total Project Costs: Eligible Costs: $635,922.00 $635,922.00 Authorized Assistance: Total Government Funding: $300,000.00 $300,000.00 Estimated Project Commencement Date: July 1, 2022 Estimated Project Completion Date: February 28, 2023 NRl Page 1 of 1 93 D '� r r I l jl COUNCIL REPORT M&C No. 2022-220 Report Date June 20, 2022 Meeting Date June 27, 2022 Service Area Utilities and Infrastructure Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT: Request for Proposal2022-080301P — Janitorial Services AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Jason Barton J. Brent McGovern/S. Yammine John Collin RECOMMENDATION It is recommended that: 1) the proposal submitted by GDI Integrated Facilities Services, for the provision of janitorial services at a cost of $303,312.00 plus HST be accepted. 2) Four (4) additional one (1) year extensions, to be exercised upon mutual agreement between the City and GDI Integrated Facilities Services, be included; and 3) The Mayor and the City Clerk be authorized to execute the necessary contract documents. EXECUTIVE SUMMARY The City of Saint John routinely establishes a contract with qualified vendors for the provision of janitorial service at various city owned/operated facilities. The purpose of this report is to recommend an award of said contract. PREVIOUS RESOLUTIONS N/A REPORT The City of Saint John invited proposals from qualified and experienced companies for the provision of Janitorial Services for the following City -owned buildings: The following facilities are included in this contract. • Municipal Operations Complex, 175 Rothesay Avenue. • City Hall, 15 Market Square 0LI -2- • Saint Patrick's Street Pedway, 58 Saint Patrick's Street • Aquatic Centre Pedway, 50 Union Street • Mercantile Centre Pedway, 48 Union Street • TD Station Pedway, 70 Station Street • Police Headquarters, 1 Peel Plaza • Leisure Services Office, 171 Adelaide Street • Visitor Information Centre West (Seasonal), 1509 Saint John Throughway • City Market Tower, 47 Charlotte Street. • Fire Training Centre, 688 Grandview Avenue In general, the scope of janitorial services will include the following four (4) major elements: • Cleaning Services. • Limited Snow and Ice Removal. • Waste Management and Recycling Services; and • Quality Monitoring. The term of the agreement resulting from this Request for Proposal will for a period of one (1) year from the date of award, with the option to renew for four (4) additional one (1) year periods as mutually agreed upon by all parties. STRATEGIC ALIGNMENT The proposal for the janitorial services is aligned with the Common Council Priorities for Belong: "We value a welcoming a community" and Perform: "We value the best use of our resources" SERVICEAND FINANCIAL OUTCOMES The total cost of the provision of Janitorial Services for the initial one-year term is $303,312.00 plus HST. Should additional one-year terms be exercised, the cost for additional year extensions is as follows. • Year two (2), $312,900.00 plus HST • Year three (3), $326,028.00 plus HST • Year four (4), $337,944.00 plus HST • Year five (5), $346,836.00plus HST These are planned expenditures for which funds are allocated in each service area's operating budgets. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Supply Chain Management facilitated the RFP process to solicit proposals for janitorial services. 0M -3- As such a Request for Proposal (RFP) closed on Thursday, May 261h, 2022, with three proponents choosing to submit proposals as follows: ➢ Crystal Clean Maintenance Ltd. Fredericton, NB ➢ GDI Integrated Facilities Services Dartmouth, NS ➢ Charlotte County Diamond Shine Ltd. Dufferin, Charlotte Co, NB A review committee, consisting of staff from Supply Chain Management and Facilities Management reviewed the submission for completeness and compliance with the RFP requirements and selection criteria consisting of the following: 1. Presentation/Format of Proposal and Completeness 2. Qualifications and Experience 3. Scope of Services Also, in accordance with the City's standard procedures, the committee members evaluated and ranked each proposal based on the proposals' technical merits. Following this, the financial proposals were opened and evaluated, and corresponding scores were added to the technical scores. GDI Integrated Facilities Services proposal was selected as the best proposal based on an overall rating of the evaluation criteria offering a strong overall solution for the City at the lowest cost. The above processes are in accordance with the City's Procurement Policy and Supply Chain Management support the recommendations being put forth. ATTACHMENT N/A COMMON COUNCIL REPORT M&C No. 2022-228 Report Date June 22, 2022 Meeting Date June 27, 2022 Service Area Strategic Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT: IBM Client Relationship Agreement and Technical Services OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council AUTHORIZATION Primary Author Commissioner/Dept. HeatC Manager Sarah Ranson Stephanie Rackley-Roachn Kevin Fudge Collin RECOMMENDATION RESOLVED that the City enter into a Client Relationship Agreement and Technical Services Attachment with IBM Canada Ltd. for programs and services required to support the City enterprise resource planning system, in the form attached to M&C No. 228; and that the Mayor and City Clerk be authorized to execute said Agreements and any documents ancillary thereto. EXECUTIVE SUMMARY The City's enterprise resource planning (ERP) is installed on servers supported by IBM. To have technical support on these servers, the City must enter into a maintenance agreement with IBM. PREVIOUS RESOLUTION N/A REPORT The ERP is used daily for operations and administration, including several critical City functions such as building inspection and permitting, procurement, work orders, and financial transactions. The ERP is installed on IBM servers. Maintenance and technical issues are usually handled by the City's Information Technology employees. Occasionally, technical assistance is needed from IBM to work on the hardware or firmware (i.e., software in the hardware). MA -2- STRATEGIC ALIGNMENT By procuring maintenance support on the servers used to operate the ERP, the City has technical resources in place with IBM in case of a technical issue. Operations would be restored more quickly as help is immediately available if required. SERVICEAND FINANCIAL OUTCOMES All ERP servers are covered under the Client Relationship Agreement and Technical Services Attachment. The cost of the maintenance support is $12,827.00 plus HST. The funds have been approved in the in the Information Technology general fund operating budget. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The General Counsel's Office has reviewed the terms and conditions of the IBM maintenance agreement. Supply Chain Management supports the recommendation in this report. ATTACHMENTS Client Relationship Agreement Technical Services Attachment for Technology Support Services (TSS) Offerings - Canada 01:3 Client Relationship Agreement This Client Relationship Agreement (CRA) and applicable Attachments and Transaction Documents (TDs) are the complete agreement regarding transactions under this CRA (together, the "Agreement") under which Client may order Programs, Cloud and other Services, Machines and Appliances (collectively IBM Products) and third party products and services (Non -IBM Products). TDs detail the specifics of transactions such as charges and a description of and information about the Product. Examples of TDs include statements of work, service descriptions, ordering documents, supplements, or invoices. Attachments provide supplemental terms that apply to certain types of Products, such as product capacity or trial services. In the event of conflict, an Attachment prevails over this CRA and a TD prevails over both the CRA and any Attachment and only apply to the specific transaction. 1. Programs A Program is an IBM -branded computer program and related material available for license subject to the payment of charges. Program details are described in an Attachment called License Information (LI). Programs do not include Machine Code or Project Materials. Programs are copyrighted and licensed (not sold). When IBM accepts an order for a Program, Client is granted a nonexclusive license to: i) use the Program only up to its authorizations and subject to its LI; ii) make and install copies to support such authorized use; and iii) make a backup copy. Programs may be used by Client, its authorized employees and contractors only within Client's Enterprise, and not to provide hosting or timesharing services to any third party. Client may not sublicense, assign, or transfer the license for any Program. Additional rights may be available for additional fees or under different terms. Client is not granted unrestricted rights to use the Program nor has Client paid for all of the economic value of the Program. Certain Programs may contain third party code licensed under separate agreements identified in the LI. b. The license granted for a Program is subject to Client: (1) reproducing copyright notices and other markings; (2) ensuring anyone who uses the Program does so only for Client's authorized use and complies with the license; (3) not reverse assembling, reverse compiling, translating, or reverse engineering the Program; and (4) not using any of the elements of the Program or related licensed material separately from the Program. C. The metric applicable to a Program license is specified in an Attachment or TD. All licenses on a server or capacity based metric must be licensed to the full capacity of the server on which the Program is installed, unless sub -capacity usage is available from IBM and Client complies with the applicable sub -capacity requirements and terms as set forth in Attachments and TDs. 2. Services — Cloud Services a. A Cloud Service is an IBM offering provided by IBM and made available via a network. Each Cloud Service is described in a TD. Cloud Services are designed to be available 24/7, subject to maintenance. Client will be notified of scheduled maintenance. Technical support and service level commitments, if applicable, are specified in an Attachment or TD. b. When IBM accepts Client's order, IBM provides Client the authorizations specified in the TD. C. IBM will provide the facilities, personnel, equipment, software, and other resources necessary to provide the Cloud Services and generally available user guides and documentation to support Client's use of the Cloud Service. A Cloud Service may require the use of enabling software that Client downloads to Client systems to facilitate use of the Cloud Service. Client may use enabling software only in connection with use of the Cloud Service and according to any licensing terms if specified in a TD. Enabling software is provided as -is, without warranties of any kind. d. Client will provide hardware, software and connectivity to access and use the Cloud Service, including any required Client - specific URL addresses and associated certificates. e. Client may access a Cloud Service only to the extent of authorizations acquired by Client. Client is responsible for use of Cloud Services by any user who accesses the Cloud Service with Client's account credentials. A Cloud Service may not be used in any jurisdiction for unlawful, obscene, offensive or fraudulent Content or activity, such as advocating or causing harm, interfering with or violating the integrity or security of a network or system, evading filters, sending unsolicited, abusive or deceptive messages, viruses or harmful code, or violating third party rights. In addition, Client may not use Cloud Services if failure of the Cloud Service could lead to death, bodily injury, or property or environmental damage. Client may not: i) reverse engineer any portion of the Cloud Services; ii) assign or resell direct access to a Cloud Service to a third party outside Client's Enterprise; or iii) combine Cloud Services with Client's value add to create a commercially available Client branded solution that Client markets to its end user customers unless otherwise agreed. f. A Cloud Service or feature of a Cloud Service is considered "Preview" when IBM makes such services or features available at no charge, with limited or pre-release functionality, or for a limited time to try available functionality (such as beta, trial, no - charge, or preview designated Cloud Services). Preview services are excluded from available service level agreements. A Preview service may not be covered by support and IBM may change or discontinue a Preview service at any time and without notice. IBM is not obligated to release a Preview service or make an equivalent service generally available. 2.1 Changes to Cloud Services IBM may modify: i) a Cloud Service; and ii) the IBM's Data Security and Privacy Principles for IBM Cloud Services (DSP) from time to time at IBM's sole discretion and such modifications will supersede prior versions. Updates to a TD (such as a Z126-6548-CA-9 04-2019 061 Page 1 of 6 service description or statement of work) will take effect upon a new order, change effective date for ongoing services, or upon the renewal date for Cloud Services that automatically renew. The intent of any modification will be to: i) improve or clarify existing commitments; ii) maintain alignment to current adopted standards and applicable laws; or iii) provide additional features and functionality. Modifications will not degrade the security or functionality of a Cloud Service. b. IBM may withdraw a Cloud Service on 12 months' notice, unless otherwise stated in a TD. IBM will continue to provide the Cloud Service for the remainder of Client's unexpired term or work with Client to migrate to another IBM offering. 2.2 Term and Termination of Cloud Services a. The term of a Cloud Service begins on the date IBM notifies Client that Client can access the Cloud Service. IBM will specify whether the Cloud Service renews automatically, proceeds on a continuous use basis, or terminates at the end of the term. For automatic renewal, unless Client provides written notice to IBM or the IBM Business Partner involved in the Cloud Service not to renew at least 30 days prior to the term expiration date, the Cloud Service will automatically renew for the specified term. For continuous use, the Cloud Service will continue to be available on a month to month basis until Client provides 30 days written notice to IBM or the IBM Business Partner involved in the Cloud Service of termination. The Cloud Service will remain available to the end of the calendar month after such 30 day period. b. IBM may suspend or limit, to the extent necessary, Client's use of a Cloud Service if IBM determines there is a material breach of Client's obligations, a security breach, violation of law, or breach of the terms set forth in section 2 (f). If the cause of the suspension can reasonably be remedied, IBM will provide notice of the actions Client must take to reinstate the Cloud Service. If Client fails to take such actions within a reasonable time, IBM may terminate the Cloud Service. C. Client may terminate a Cloud Service on one month's notice: i) at the written recommendation of a government or regulatory agency following a change in either applicable law or the Cloud Services; ii) if IBM's modification to the computing environment used to provide the Cloud Service causes Client to be noncompliant with applicable laws; or iii) if IBM notifies Client of a modification that has a material adverse effect on Client's use of the Cloud Service, provided that IBM will have 90 days to work with Client to minimize such effect. In the event of such termination, IBM shall refund a portion of any prepaid amounts for the applicable Cloud Service for the period after the date of termination. If the Agreement is terminated for any other reason, Client shall pay to IBM, on the date of termination, the total amounts due per the Agreement. Upon termination, IBM may assist Client in transitioning Client's Content to an alternative technology for an additional charge and under separately agreed terms. 3. Services — Other Services a. IBM provides consulting, installation, customization and configuration, maintenance, and other services as detailed in an Attachment or TD. Client will own the copyright in works of authorship that IBM develops for Client under a Statement of Work (SOW) (Project Materials). Project Materials exclude works of authorship delivered to Client, but not created, under the SOW, and any modifications or enhancements of such works made under the SOW (Existing Works). Some Existing Works are subject to a separate license agreement (Existing Licensed Works). A Program is an example of an Existing Licensed Work and is subject to the Program terms. IBM grants Client an irrevocable (subject to Client's payment obligations), nonexclusive, worldwide license to use, execute, reproduce, display, perform and prepare derivatives of Existing Works that are not Existing Licensed Works. IBM retains an irrevocable, nonexclusive, worldwide, paid -up license to use, execute, reproduce, display, perform, sublicense, distribute, and prepare derivative works of Project Materials. b. Either party may terminate a Service if a material breach concerning the Service is not remedied within a reasonable time. IBM will provide at least 90 days' notice prior to withdrawal of Service. Client will pay charges for Services provided through the effective date of termination. If Client terminates without cause or IBM terminates for breach, Client will meet all minimum commitments and pay termination or adjustment charges specified in the SOW or TD and any additional costs IBM reasonably incurs because of early termination, such as costs relating to subcontracts or relocation. IBM will take reasonable steps to mitigate any such additional costs. 4. Machines and Appliances a. A Machine is an IBM -branded device including its features, upgrades, and accessories. An Appliance is a Program and Machine combination designed for a particular function. Unless otherwise provided, terms that apply to a Program apply to the Program component of an Appliance and terms that apply to a Machine apply to the Machine component of an Appliance. Client may not use or transfer an Appliance's Program component independently of the Appliance. b. When IBM accepts Client's order, IBM transfers title to Machines and non -IBM machines to Client or Client's lessor upon payment of all amounts due, except in the United States where title transfers upon shipment. IBM bears risk of loss until delivery to the carrier for shipment. IBM pays for insurance on Client's behalf until delivery to Client's location. Client must report any loss in writing to IBM within 10 business days of delivery and follow the claim procedure. Additional charges may apply for IBM installation more than six months after shipment. Client must follow instructions provided to install Client set up Machines. C. Machines and parts removed or exchanged for upgrade, warranty service, or maintenance are IBM property and must be returned to IBM promptly. A replacement assumes the warranty or maintenance status of the replaced part. A Machine may include parts that are not new and in some instances Machines may have been previously installed. Regardless, IBM's warranty terms apply. Client will promptly install or allow IBM to install mandatory engineering changes. Client may only acquire Machines for use within Client's Enterprise in the country where acquired and not for resale, lease, or transfer. Lease -back financing is permitted. Z126-6548-CA-9 04-2019 ` 9191 Page 2 of 6 4.1 Machine Code and Built in Capacity Machines may include Machine Code (MC) and Built in Capacity (BIC). MC is computer instructions, fixes, replacements and related materials, such as data and passwords relied on, provided, used with or generated by MC, that permit the operation of the machine's processors, storage or other functionality. MC is copyrighted and licensed (not sold). IBM only provides copies, fixes or replacements for MC for Machines under warranty or IBM maintenance, or under a separate written agreement which may be subject to additional charges. Client agrees that all copies, fixes or replacements for MC will be obtained solely as authorized by IBM. Client is granted a nonexclusive license to use MC only: i) on the Machine for which IBM provided it; and ii) to access and use BIC only to the extent paid for by Client, activated by IBM and subject to the Attachment called IBM Authorized Use Table for Machines (AUT) available from IBM and at http://www.ibm.com/systems/support/machine warranties/machine code/aut.html. BIC is computing resource (e.g., processors, storage and other functionality) that IBM provides for a Machine. Use of BIC may be restricted by contract, technological or other measures. Client agrees to IBM's implementation of technological and other measures that restrict, monitor and report on use of BIC or MC, and to install any changes IBM provides. Client may not alter, reverse assemble, reverse compile, translate or reverse engineer the MC, or circumvent or interfere, by any means, with IBM's contractual, technological or other measures that restrict, monitor or report on use of BIC or MC. While Client's license to MC is in effect, Client may transfer possession of the entire MC along with all of Client's rights and obligations only with corresponding transfer of the Machine and a hardcopy of this MC license, and only if the transferee agrees to the terms of this MC license. Client's MC license terminates immediately upon transfer. This Agreement governs MC and BIC on Machines acquired from another party. Use of BIC in excess of authorizations from IBM is subject to additional charges. 5. Content and Data Protection a. Content consists of all data, software, and information that Client or its authorized users provides, authorizes access to, or inputs to the Cloud Service or information or data Client may provide, make available or grant access to, in connection with IBM providing other Services, such as consulting, maintenance, or Program support. Providing Content or otherwise using Cloud Services will not affect Client's ownership or license rights in such Content. IBM, its affiliates, and contractors of either may access and use the Content solely for the purpose of providing and managing the applicable Cloud Services or other Services. IBM will treat all Content as confidential by not disclosing Content except to IBM employees and contractors and only to the extent necessary to deliver the Cloud Services or perform other Services. b. Client is responsible for obtaining all necessary rights and permissions to enable, and grants such rights and permissions to, IBM, its affiliates, and contractors of either to use, provide, store and otherwise process Content in the Cloud Services or other Services. This includes Client providing required information, making necessary disclosures and obtaining consent, if required, before providing individuals' information, including personal or other regulated data in such Content. Client is responsible for adequate back-up of Content. If any Content could be subject to governmental regulation or may require security measures beyond those specified by IBM for Cloud Services or other Services, Client will not input, provide, or allow access to such Content unless specifically permitted in the terms of the relevant TD or unless IBM has otherwise first agreed in writing to implement additional security and other measures. C. IBM's Data Security and Privacy Principles for IBM Cloud Services (DSP), at hftp://www.ibm.com/cloud/data-securitv, apply for generally available Cloud Service offerings. Specific security features and functions of a Cloud Service may be provided in an Attachment and TDs. Client is responsible to assess the suitability of each Cloud Service for Client's intended use and Content and to take necessary actions to order, enable, or use available data protection features for a Cloud Service appropriate for the Content being used with a Cloud Service. By using the Cloud Service, Client accepts responsibility for use of the Cloud Services, and acknowledges that it meets Client's requirements and processing instructions to enable compliance with applicable laws. d. IBM's Data Processing Addendum at hftp://ibm.com/dpa (DPA) and applicable DPA Exhibit(s) apply to personal data contained in Content, if and to the extent: i) the European General Data Protection Regulation (EU/2016/679) (GDPR); or ii) other data protection laws identified at hftp://ibm.com/dpa/dpl apply. e. Upon request by either party, IBM, Client, affiliates of either, will enter into additional agreements as required by law in the prescribed form for the protection of personal or regulated personal data included in Content. The parties agree (and will ensure that their respective affiliates agree) that such additional agreements will be subject to the terms of the Agreement. f. IBM will return or remove Content from IBM computing resources upon the expiration or cancellation of the Cloud Service, other Services, or earlier upon Client's request. IBM may charge for certain activities performed at Client's request (such as delivering Content in a specific format). IBM does not archive Content, however some Content may remain in backup files until expiration of such files as governed by IBM's backup retention practices. 6. Warranties and Post Warranty Support IBM warrants that Programs used in their specified operating environment conform to their official published specifications. The warranty period for a Program (not the Program component of an Appliance) is one year, or the initial license term if less than one year, unless another warranty period is specified in an Attachment or TD. During the Program warranty period, IBM provides Software Subscription and Support (S&S), entitling Client to defect correction information, restrictions, bypasses, and new releases and versions IBM makes generally available. Unless Client elects to discontinue S&S, annual S&S automatically renews at then -current charges until S&S for a version or release is withdrawn. If Client elects to continue S&S for a Program at a designated Client site, Client must maintain S&S for all uses and installations of the Program at that site. Z126-6548-CA-9 04-2019 `O Page 3 of 6 b. IBM warrants that it provides Cloud and other Services using commercially reasonable care and skill in accordance with the applicable Attachment or TD, including any completion criteria, and that Project Materials will comply with the Attachment or TD at the time of delivery. The warranty for a Service ends when the Service ends. C. IBM warrants that Machines used in their specified operating environment conform to their official published specifications. For a Machine or Appliance, the warranty period is specified in the Attachment or TD. During its warranty period, IBM will repair or exchange the Machine without charge, as specified in the Attachment. Warranty does not apply to Machines that Client did not allow IBM to install as required by the TD. Client may purchase warranty service upgrades and post warranty support where available. For Appliances, post warranty support includes maintenance and S&S. d. If a Machine or Program does not function as warranted during its warranty period and IBM is unable to repair or replace it with a functional equivalent, Client may return it to IBM for a refund of the amount Client paid (for recurring charges, up to twelve months' charges) and Client's license or right to use it terminates. e. IBM does not warrant uninterrupted or error -free operation of an IBM Product or that IBM will correct all defects or prevent third party disruptions or unauthorized third party access to an IBM Product. These warranties are the exclusive warranties from IBM and replace all other warranties, including the implied warranties or conditions of satisfactory quality, merchantability, non -infringement, and fitness for a particular purpose. IBM warranties will not apply if there has been misuse, modification, damage not caused by IBM, or failure to comply with instructions provided by IBM. Preview services and non -IBM Products are sold under the Agreement as -is, without warranties of any kind. Third parties may provide their own warranties to Client. Charges, Taxes, Payment and Verification a. Client agrees to pay all applicable charges specified for an IBM Product or Non -IBM Product, and charges for use in excess of authorizations. Charges are exclusive of any customs or other duty, tax, and similar levies imposed by any authority resulting from Client's acquisitions under the Agreement and will be invoiced in addition to such charges. Amounts are due upon receipt of the invoice and payable within 30 days of the invoice date to an account specified by IBM and late payment fees may apply. Prepaid Services must be used within the applicable period. IBM does not give credits or refunds for any prepaid, one-time charges, or other charges already due or paid. b. Client agrees to: i) pay withholding tax directly to the appropriate government entity where required by law; ii) furnish a tax certificate evidencing such payment to IBM; iii) pay IBM only the net proceeds after tax; and iv) fully cooperate with IBM in seeking a waiver or reduction of such taxes and promptly complete and file all relevant documents. Where taxes are based upon the location(s) receiving the benefit of the Cloud Service, Client has an ongoing obligation to notify IBM of such location(s) if different than Client's business address listed in the applicable Attachment or TD. C. For Cloud Services, based on selected billing frequency, IBM will invoice Client the charges due at the beginning of the billing frequency term, except for overage and usage type of charges which will be invoiced in arrears. One time charges will be billed upon IBM's acceptance of an order. d. IBM may change recurring charges, labour rates and minimum commitments on three months' notice, except for Cloud Services, which IBM may change charges on thirty days' notice unless otherwise committed to pricing during the term of the Cloud Service or as specified in a TD. A change applies on the invoice date or the first day of the charging period on or after the effective date IBM specifies in the notice. IBM may change one-time charges without notice. However, a change to a one-time charge does not apply to an order if: i) IBM receives the order before the announcement date of the increase; and ii) within three months after IBM's receipt of the order, the product is shipped or made available to Client. e. Client will: i) maintain, and provide upon request, records, system tools output, and access to Client's premises, as reasonably necessary for IBM and its independent auditor to verify Client's compliance with the Agreement, including MC and Program licenses and metrics, such as sub -capacity usage; and ii) promptly order and pay for required entitlements (including associated S&S or maintenance) at IBM's then current rates and for other charges and liabilities determined as a result of such verification, as IBM specifies in an invoice. These compliance verification obligations remain in effect during the term of any TD and for two years thereafter. 8. Liability and Indemnity a. IBM's entire liability for all claims related to the Agreement will not exceed the amount of any actual direct damages incurred by Client up to the amounts paid (if recurring charges, up to 12 months' charges apply) for the product or service that is the subject of the claim, regardless of the basis of the claim. IBM will not be liable for special, incidental, exemplary, indirect, or economic consequential damages, or lost profits, business, value, revenue, goodwill, or anticipated savings. These limitations apply collectively to IBM, its affiliates, contractors, and suppliers. b. The following amounts are not subject to the above cap: i) third party payments referred to in the paragraph below; and ii) damages that cannot be limited under applicable law. C. If a third party asserts a claim against Client that an IBM Product acquired under the Agreement infringes a patent or copyright, IBM will defend Client against that claim and pay amounts finally awarded by a court against Client or included in a settlement approved by IBM, provided that Client promptly: i) notifies IBM in writing of the claim; ii) supplies information requested by IBM; and iii) allows IBM to control, and reasonably cooperates in, the defense and settlement, including mitigation efforts. d. IBM has no responsibility for claims based on Non -IBM Products, items not provided by IBM, or any violation of law or third party rights caused by Content, or any Client materials, designs, specifications, or use of a non -current version or release of an IBM Product when an infringement claim could have been avoided by using a current version or release. Z126-6548-CA-9 04-2019 Page 4 of 6 `[oya 9. Termination Either party may terminate this CRA: i) without cause on at least one month's notice to the other after expiration or termination of its obligations under the Agreement; or ii) immediately for cause if the other is in material breach of the Agreement, provided the one who is not complying is given notice and reasonable time to comply. Any terms that by their nature extend beyond the Agreement termination remain in effect until fulfilled, and apply to successors and assignees. Termination of this CRA does not terminate TDs, and provisions of this CRA and Attachments as they relate to such TDs remain in effect until fulfilled or otherwise terminated in accordance with their terms. IBM may terminate Client's license to use a Program or MC if Client fails to comply with the Agreement. Client will promptly destroy all copies of the Program or MC after either party has terminated the license. Failure to pay is a material breach. 10. Governing Laws and Geographic Scope a. Each party is responsible for complying with: i) laws and regulations applicable to its business and Content; and ii) import, export and economic sanction laws and regulations, including defense trade control regime of any jurisdiction, including the International Traffic in Arms Regulations and those of the United States that prohibit or restrict the export, re-export, or transfer of products, technology, services or data, directly or indirectly, to or for certain countries, end uses or end users. b. Both parties agree to the application of the laws of the Province of Ontario and the federal laws of Canada applicable therein to the Agreement, without regard to conflict of law principles. The rights and obligations of each party are valid only in the country where the transaction is performed or, if IBM agrees, the country where the product is placed in productive use, except all licenses are valid as specifically granted. IBM will not serve as Client's exporter or importer, except as required by data protection laws, for: i) any Content; or ii) use of any portion of the Cloud Service from a country outside Client's business address. If any provision of the Agreement is invalid or unenforceable, the remaining provisions remain in full force and effect. Nothing in the Agreement affects statutory rights of consumers that cannot be waived or limited by contract. The United Nations Convention on Contracts for the International Sale of Goods does not apply to transactions under the Agreement. 11. General a. Parties will not disclose confidential information without a separate, signed confidentiality agreement. If confidential information is exchanged in connection with the Agreement, the applicable confidentiality agreement is incorporated into, and subject to, this CRA. This paragraph does not apply to Content provided in the use of a Cloud Service. b. Client accepts an Attachment or TD by ordering, enrolling, using, or making a payment for, the product, offering or service. Since this CRA may apply to many future orders, IBM may modify this CRA by providing Client at least three months' written notice. Changes are not retroactive; they apply, as of the effective date, only to new orders, ongoing services that do not expire, and renewals. For transactions with a defined renewable contract period stated in a TD, Client may request that IBM defer the change effective date until the end of the current contract period. Client accepts changes by placing new orders or continuing use after the change effective date or allowing transactions to renew after receipt of the change notice. Except as provided above, all changes to the Agreement must be in writing accepted by both parties. C. IBM is an independent contractor, not Client's agent, joint venturer, partner, or fiduciary, and does not undertake to perform any of Client's regulatory obligations, or assume any responsibility for Client's business or operations. IBM is an information technology provider only. Any directions, suggested usage, or guidance provided by the IBM or an IBM Product does not constitute medical, clinical, legal, accounting, or other licensed professional advice. Client should obtain its own expert advice. Client is responsible for its use of IBM Products and Non -IBM Products. Each party is responsible for determining the assignment of its and its affiliates personnel and their respective contractors, and for their direction, control, and compensation. d. IBM maintains a robust set of business conduct and related guidelines covering conflicts of interest, market abuse, anti - bribery and corruption, and fraud. IBM and its personnel comply with such policies and require contractors to have similar policies. e. IBM Business Partners who use or make available IBM Products or non -IBM products are independent from IBM and unilaterally determine their prices and terms. IBM is not responsible for their actions, omissions, statements, or offerings. f. IBM may offer Non -IBM Products, or an IBM Product may enable access to Non -IBM Product, that may require acceptance of third party terms presented to the Client. Linking to or use of Non -IBM Products constitutes Client's agreement with such terms. IBM is not a party to such third party agreements and is not responsible for such Non -IBM Products. Access to Non - IBM Cloud Services or other Services may be withdrawn at any time. g. IBM, its affiliates, and contractors of either, may, wherever they do business, store and otherwise process business contact information (BCI) of Client, its personnel, and authorized users, for example, name, business telephone, address, email, and user ID for business dealings with them. Where notice to or consent by the individuals is required for such processing, Client will notify and obtain such consent. The IBM Privacy Statement at https://www.ibm.com/privacy/ provides additional details with respect to BCI and Account Data described below. h. Account Data is information, other than Content and BCI, that Client provides to IBM to enable Client's acquisition or use of IBM Products or Non -IBM Products or that IBM collects using tracking technologies, such as cookies and web beacons, regarding Client's acquisition or use of IBM Products or non -IBM Products. IBM, its affiliates, and contractors of either, may use Account Data, for example, to enable product features, administer use, personalize experience, and otherwise support or improve use of IBM Products and non -IBM Products. Z126-6548-CA-9 04-2019 `DIV Page 5 of 6 License grants to Programs and MC hereunder are provided by International Business Machines Corporation, a New York corporation ("IBM Corporation"). IBM is acting as a distributor and delivering Programs and MC pursuant to this Agreement, and is responsible for enforcing the license terms and fulfilling all obligations concerning such Programs and MC and no right or cause of action hereunder is created in favor of Client against IBM Corporation. Client waives all claims and causes of action against IBM Corporation and agrees to look solely to IBM for any rights and remedies in connection with Programs and MC. j. Neither party may assign the Agreement, in whole or in part, without the prior written consent of the other. Assignment of IBM rights to receive payments or assignment by IBM in conjunction with the sale of the portion of IBM's business that includes a product or service is not restricted. k. This CRA applies to IBM and Client (the signatories below) and their respective Enterprise companies who acquire IBM Products or Non -IBM Products under this CRA. The signatories shall coordinate the activities of their own Enterprise companies under this CRA. Enterprise companies include: i) companies within the same country that Client or IBM control (by owning greater than 50% of the voting shares); and ii) any other entity that controls, is controlled by or is under common control as Client or IBM and has signed a participation agreement. I. All notices under the Agreement must be in writing and sent to the business address specified for the Agreement, unless a party designates in writing a different address. The parties consent to the use of electronic means and facsimile transmissions for communications as a signed writing. Any reproduction of the Agreement made by reliable means is considered an original. The Agreement supersedes any course of dealing, discussions or representations between the parties. M. No right or cause of action for any third party is created by the Agreement or any transaction under it. Neither party will bring a legal action arising out of or related to the Agreement more than two years after the cause of action arose. Neither party is responsible for failure to fulfill its non -monetary obligations due to causes beyond its control. Each party will allow the other reasonable opportunity to comply before it claims the other has not met its obligations. Where approval, acceptance, consent, access, cooperation or similar action by either party is required, such action will not be unreasonably delayed or withheld. n. IBM may use personnel and resources in locations worldwide, including third party contractors to support the delivery of IBM Products and Non -IBM Products. IBM may transfer Content, including personally identifiable information, across country borders. A list of countries where Content may be processed is described in the TD or as specified in service support documentation. IBM is responsible for the obligations under the Agreement even if IBM uses a third party contractor and will have appropriate agreements in place to enable IBM to meet its obligations. 0. Both parties agree to write this document in English. Les parties ont convenu de rediger le present document en langue anglaise. Agreed to: Agreed to: Client Company Name: IBM Company: IBM Canada Ltd. By Authorized signature By Authorized signature Title: Title: Name (type or print): Name (type or print): Date: Date: Client number: Agreement number: Enterprise number: Client address: IBM address: 3600 Steeles Avenue East Markham, Ontario L3R 9Z7 Z126-6548-CA-9 04-2019 Page 6 of 6 U9L1 Technical Services Attachment for Technology Support Services (TSS) Offerings - Canada Using this Technical Services Attachment for TSS Offerings (Attachment or TSA), Client may order TSS offerings from IBM. Additional details are provided in Transaction Documents. The agreement in place between the parties (CRA or equivalent) referenced in the signature page, this Attachment, and Transaction Documents are the complete agreement regarding TSS transactions hereunder. In the event of conflict, a) this Attachment prevails over the agreement, and b) a Transaction Document prevails over both the agreement and this Attachment and only applies to the specific transaction. 1. Services IBM will provide Services, as described in a) this Attachment and b) Statements of Work (SOW), Schedules, and Change Authorizations (collectively Transaction Documents or TDs), to support Client's Machines and Programs that are eligible for the specific Service that Client is acquiring hereunder and are documented in the applicable TD (Eligible Machines, Eligible Programs, and collectively, Eligible Products). This Attachment replaces all other previously accepted versions of this Attachment for the Client named in the signature page, as to new transactions dated after the effective date of this Attachment. IBM will identify Eligible Products, Specified Locations (entire information processing environment, or a portion thereof, at multiple sites or a single building), hours of coverage selected, applicable Services, and the contract period, in TDs. Additional details may be documented in the TD, as applicable to the specific transaction. Client may access IBM Support to place service requests by calling the Support number for Client's country, listed at https://www.ibm.com/planetwide/ 24x7 or otherwise as directed by IBM, by voice or electronically (depending on severity), however IBM will begin servicing the request during the applicable entitled coverage days and hours. Coverage is based on the time zone where the Eligible Machine is located. IBM provides Services during the hours of service selected in the TD. Eligible Machines must meet IBM's safety and serviceability requirements. Any IBM inspection for maintenance eligibility is subject to a charge. IBM reserves the right to inspect a Machine within one month from the start of Service. If the Machine is not in acceptable condition for Service, IBM will restore it for a charge or Client may withdraw its request for maintenance Service. Machine Maintenance is Service to keep Machines in, or restore them to, conformance with their official published specifications, and may include: a. remote assistance with problem determination (whether system problems are machine or program related); b. on -site and remote diagnostic and remedial maintenance Service in accordance with the service level specified for the Eligible Machine in the TD; c. if available for Client's IBM Eligible Machines, installation of Service Programs to endeavor to: (1) detect and analyze permanent errors; (2) correlate temporary errors; and (3) identify and report media problems. d. the services of support specialists from IBM manufacturing, engineering, and development locations as deemed necessary by IBM; e. the planning, scheduling, and installation of any engineering changes or field change orders required to improve the serviceability, performance, and safety of the IBM Eligible Machines; f. assisting Client in establishing and implementing electronic support facilities such as IBM Electronic access; and g. activation, for use by IBM personnel, of electronic facilities to remotely diagnose, applying fixes, and update Client's IBM Eligible Machines. Machine Maintenance does not cover: a. improperly maintained or damaged Machines, Machines with altered identification labels, alterations, accessories; b. supply items, consumables (such as batteries and printer cartridges), structural parts (such as frames and covers), or failures caused by a product for which IBM is not responsible; c. Machine installation, engineering change activity, or preventive maintenance; d. service of features, parts, or devices not supplied by the Machine's manufacturer, or IBM during the performance of Service; e. unsuitable physical or operating environment; and f. any failure caused by a move of an Eligible Machine by non -IBM personnel (change of location). IBM may inspect the Machine for damage after such move, such inspection to be provided as a billable Service. IBM may restore the Machine to its official published specifications upon Client request, as a billable Service. IBM does not warrant uninterrupted or error -free operation or that IBM will correct all defects or prevent third party disruptions or unauthorized third party access. IBM may use tools, owned or licensed by IBM, in the performance of the Service (IBM Tools). IBM continuously develops and utilizes new IBM Tools and capabilities for the purpose of providing remote and on -site problem determination and resolution support to IBM Clients. Some IBM Tools (e.g., an application (App)), are used by on site technicians to capture and store images of the Machine and transmit the images to a remote IBM Subject Matter Expert with a goal of faster and more cost effective repair and one -visit resolution of complex issues. The images may also be modified and/or used for training and to improve maintenance services. Unless licensed in writing by IBM, Client has no right to access, retain, copy, or use the IBM Tools and no Client license or intellectual property right is granted or implied by the use of the IBM Tools used in connection with performance of the Services. IBM Tools are subject to the Z126-8668-CA-EN-04 04-2021 TSA for 1,996Dfferings — Canada Pagel of 7 terms associated with them. IBM Tools are not warranted. If applicable, upon completion of the Service Client agrees to cease use of, uninstall and remove the IBM Tools from Client's Eligible Machines and facilities. For acquisitions through an IBM Business Partner (BP) authorized to resell IBM Services, the BP establishes the price at which they market IBM Services and communicates the terms for each BP transaction directly to Client. However, IBM establishes the terms of each Service IBM provides and will provide the Services as described in this Attachment and applicable TD. Whenever a party is required to provide notification to the other, each agrees to notify the applicable BP. If a BP that Client has contracted through is no longer able to offer IBM Services, IBM will notify Client in writing. Client may continue to receive the Services by instructing IBM in writing to transfer administration of the Services to 1) another BP of Client's choice approved to offer IBM Services, or 2) IBM under a standard direct relationship where IBM invoices Client. IBM Business Partners who use or make available IBM Products or non -IBM products are independent from IBM and unilaterally determine their prices and terms. IBM is not responsible for their actions, omissions, statements, or offerings. 1.1 Warranty Service Upgrade (WSU) During the warranty period for certain Eligible Machines, Client may select an upgrade to the standard warranty. WSU may not be terminated or transferred during the warranty period. When the warranty period ends, the Machine is added to maintenance at the type of Service selected for WSU. 1.2 Maintenance of IBM Machines IBM will provide maintenance of Eligible IBM Machines specified in the TD. IBM may provide an exchange replacement for installation by Client. Replacements may be i) a part of a Machine (called a Client Replaceable Unit (CRU), e.g., keyboard, memory, or hard disk drive), or ii) an entire Machine. 1.2.1 Hardware Support Extension After IBM has announced End of Service for specified Machines, IBM may offer limited support, to include remote assistance, from IBM's support center or via electronic access, and on -site assistance, in response to Client requests for hardware support on the specified Machines that have reached End of Service (Hardware Support Extension). IBM neither warrants i) uninterrupted or error - free operation of this IBM Service or Machines covered hereunder; nor ii) that IBM will correct all defects or prevent third party disruptions or unauthorized third party access to the Machines. On -site repair is subject to the availability of repair parts and skilled resources and does not include repairs that require Software, Engineering, or Development Support. Response time and availability of parts may vary by location. The covered Eligible Machines, Coverage Period (the HW Support Extension Effective Date to the HW Support Extension End Date), locations, options selected, and charges, all as applicable, are specified in the applicable TD. Newly added Machines are reflected in separate TDs. This Service does not renew. Subsequent periods of coverage are documented in separate TDs. IBM will: a. provide remote technical support for problem determination (PD) and problem source identification (PSI); b. provide on -site technical resources, if necessary, for hardware defect resolution (for example, but not limited to, the exchange of field replaceable units (FRUs), provided that the parts are generally commercially available); and c. determine if an applicable resolution exists, which may include existing patches or workarounds for Client installation. For the avoidance of doubt, IBM's responsibilities under Hardware Support Extension do not include any: (1) preventive service; (2) support for newly reported defects or previously reported or known defects for which no updates, patches, or fixes were created; (3) engineering change management; or (4) development of any new machine code updates, patches, or fixes (including those designed to address security). IBM publishes its responses to security vulnerabilities at its IBM Product Security Incident Response (PSIRT) blog found here: hftps://www.ibm.com/blogs/psirt/ Notwithstanding the terms of Section 6, IBM may withdraw Hardware Support Extension for any Machine on 30 days' written notice. Client will receive a credit for any remaining prepaid period associated with this IBM withdrawal. Client termination is addressed in Section 7. 1.2.2 Media Retention Media Retention allows Client to retain defective magnetic tape, CD, DVD, USB, storage flash memory cards, solid state drives, hard disk drives, optical media cartridges, and other media as mutually agreed to by the parties (collectively, Media) replaced in the course of IBM Services. If the reported problem requires the replacement of such Media, a replacement will be supplied by IBM and the removed defective Media will be provided to Client. The Machines covered under Media Retention must also be covered under IBM warranty, IBM maintenance Service, or equivalent IBM Service. Client agrees to: a. identify a Client representative to receive the retained defective Media from IBM at the time of replacement. If a Client representative is not available to receive Media at the time of replacement, IBM will retain the replaced Media as IBM property,- b. refrain from placing the defective drive into productive use; c. dispose of all retained hard drives in compliance with applicable environmental laws and regulations; d. not transfer faulty Media between non -Eligible and Eligible Machines; and e. notify IBM of any Machine configuration changes. 1.3 Maintenance of Non -IBM Machines IBM will provide repair Service for the manufacturer's base configuration for each covered model of Eligible non -IBM Machines specified in the TD. IBM requires up to 30 days to initiate support on newly added Eligible non -IBM Machines that Client adds or relocates. Repair of non -IBM Machines is subject to the availability of parts and technical support required of the manufacturer. Repair parts will be functionally equivalent to those replaced, may be new or used, and may have been manufactured by other than Z126-8668-CA-EN-04 04-2021 TSA for 1,9D6Dfferings — Canada Page 2 of 7 the original manufacturer. Upon written notice, IBM may withdraw coverage for an Eligible non -IBM Machine due to lack of available repair parts or manufacturer technical support. Client will receive a credit for any remaining prepaid period associated with this withdrawal. 1.3.1 Multi -Vendor Service IBM provides maintenance support and repair coordination of maintenance activities for Machines in a multi -vendor environment (also called Multiple Vendor Service or MVS). For repair coordination, Client must notify service providers that IBM will be placing the requests for service. IBM then places warranty or maintenance calls with service providers on Client's behalf and remains responsible for coordinating maintenance activities and problem resolution until resolved. Notwithstanding other terms of this Attachment: a. Charges are based on MVS Inventory. IBM will adjust the charges when the inventory changes; b. MVS Services do not automatically renew. Additions or renewals are documented in a new TD with the new inventory, period, and applicable charges; and c. Client commits to continue MVS for the specified transaction contract period. No credit is given for Client termination during the committed term. 1.4 Proactive Support Proactive Support provides premium remote voice and electronic entry into, and handling within, IBM's support structure to assist Client with managing and maintaining its Information Technology (IT) environment. IBM 24x7 Basic Maintenance (if available) is a prerequisite for each Eligible Product for which Client selects Proactive Support coverage. (recommended for x86 server environments, not required). Basic Maintenance for software is required for x86 server environments. The most comprehensive hours of coverage available must be selected. Eligible Products are identified at https://www-03.ibm.com/services/supline/products/ The Priority Support Team (PST) is the group of primarily US -based skilled Proactive Support specialists responsible for tasks in the following Enhanced Services Modules. IBM will assign a named member of the PST as Client's Technical Solution Manager (TSM). Members of the PST also assist the TSM with the provision of all aspects of Proactive Support. Priority Access - IBM provides direct priority access to a primarily US -based team of skilled resources as an initial point of contact for problem submissions on Eligible Products. The TSM will, during the Welcome Call, provide Client with a unique Proactive Support Direct Access Code (DAC), and ensure that Client is able to maximize the features of Proactive Support. Client may submit problems as directed by IBM. Priority Response - Response Time is the elapsed time between IBM technical support's receipt of Client's problem submission and IBM's acknowledgment of the submission. The PST uses reasonable efforts to respond within the Targeted Response Time Objectives, based on the Severity of the problem and the time that Client reports the problem. IBM's initial response may resolve the problem or form the basis for determining if additional actions are required. Response Times are objectives only. IBM is not responsible for delays caused by systems and network problems. Priority Handling - The PST performs initial problem determination, problem source identification, and direct resolution, if possible. If additional resources are required for resolution, the PST will, based on the identified source and severity of the problem: • For all Severity Eligible Product (hardware and software) problems, engage the appropriate support resources, coordinate and manage the contributions of those resources, monitor the progress of Client problem submissions, provide an escalation path as needed, and provide regular status updates as appropriate. Proactive Support - The TSM and PST will, during Prime Shift (8:00 a.m. to 5:00 p.m. in the local time zone where Client receives Service, Monday through Friday, excluding holidays), perform proactive support activities to assist Client to manage the supported IT environment, and establish and maintain a framework for technical communications and activity reporting. The TSM will: a. remotely conduct the initial Welcome Call, and provide information related to the Proactive Services of Proactive Support; b. create and deliver the detailed Technical Support Plan (TSP) to the PTC within 30 days of the Welcome Call. The TSP will be updated as needed but at least annually. c. if applicable, verify that remote support electronic connections to the environment are functioning, and that the IBM Tools are available for use as documented in the TSP; d. create a monthly Proactive Support review package, including delivery of Reports, as applicable; and e. conduct quarterly Status Calls with PTC to review monthly documentation, review tools output, provide advice on recommended practices for managing and maintaining Client's Eligible Products, and document any planned changes. Proactive Support Customization - based on options selected by Client and mutually agreed to, as listed on the Schedule. Proactive Reports - IBM will deliver, or make available for download by Client, the following Project Materials, as applicable: a. Alert Reports (available only for AIX and IBM i Operating Systems, delivered electronically). Client will own the copyright in Project Materials that IBM develops for Client under the Service. Project Materials exclude works of authorship delivered to Client, but not created, under the Service, and any modifications or enhancements of such works made under the Service (Existing Works). IBM grants Client an irrevocable (subject to Client's payment obligations), nonexclusive, worldwide license to use, execute, reproduce, display, perform and prepare derivatives of Existing Works. IBM retains an irrevocable, nonexclusive, worldwide, paid -up license to use, execute, reproduce, display, perform, sublicense, distribute, and prepare derivative works of Project Materials. IBM will deliver the following Existing Works: b. Proactive Support Environment Questionnaire; c. Technical Support Plan (TSP); and Z126-8668-CA-EN-04 04-2021 TSA for 10'/0fferings — Canada Page 3 of 7 d. Service Activity Report summarizing service activity related to reported problems, including proactive recommendations For System i only, IBM will deliver the following Existing Works: e. Maintenance Level Report; and f. optional Remote Review Status Report. 1.5 IBM Software Maintenance IBM provides software maintenance (SWMA) for Eligible Programs for which Client is licensed. IBM makes available the most current commercially available version, release, or update to all of the Eligible Programs for which Client acquires support in the specified operating environment, as made available. Information to order versions, releases or updates is found at hftps://www.ibm.com/support/pages/node/733923 Eligible Programs are listed at www.ibm.com/services/supline/products/ or may be obtained from Client's IBM representative. The listing of Eligible Programs contains the last date of service for each respective release. IBM supports only current releases of Eligible Programs. It is Client's responsibility to ensure that its Eligible Programs are current when requesting Service. Availability information can be viewed at hftp://www-01.ibm.com/software/support/lifecycle/ IBM provides assistance for Client's a) routine, short -duration installation and usage (how-to) questions and b) code defect -related questions. IBM provides assistance via telephone and, if available, electronic access, only to Client's Information Systems (IS) technical support personnel. This assistance is not available to Client's end users. IBM provides Severity 1 assistance 24 hours a day, every day of the year. Consult the IBM Support Guide at hftps://www.ibm.com/support/pages/node/733923 for details. A 24x7 (every day of the year) all -severity option may be available for an extra charge. All Licensed units must be covered by IBM SWMA service for an Eligible Program. No partial coverage is allowed. 1.6 Machine Control Program Remote Support Remote Support Service is provided only for Machine Control Programs (MCP), meaning code delivered with an IBM Machine that executes below the external user interface (e.g., implemented in a part of storage that is not addressable by user programs). IBM will provide remote assistance (via telephone from IBM's support center or electronic access) in response to Client's routine installation, configuration, and usage (how-to) questions pertaining to MCPs on covered IBM Machines, during normal business hours in the local time zone where Client receives Service. Hardware maintenance is a mandatory prerequisite for MCP. For an additional charge, 24x7 (every day of the year) all -severity option may be available. 2. Client Responsibilities Client agrees: a. to provide IBM with the inventory of Eligible Products to be covered at each Specified Location and to notify IBM of inventory changes, utilizing the specified tools or systems to provide such written notice. Any changes to contracted configuration or inventory may result in a change to original charges; b. as required for the specific Service, to designate the Primary Technical Contact (PTC), Client's country -based representative to whom IBM may direct general technical information and questions regarding the Eligible Products within the environment, in order to enable effective communication with the IBM support center, c. to have valid licensing and subscription in place for Eligible Programs covered by a Service; d. that all Client notices must be in writing and received by IBM 60 days prior to the effective date of a change, unless otherwise specified; e. to limit use of any access codes to electronic diagnostic tools, information databases, or other Service delivery facilities to those authorized to use them under Client's control and only in support of Eligible Products and Services identified in TDs; f. to provide IBM with necessary information requested, and keep such information current; g. to access IBM Support as directed by IBM, such as by calling 1-800-IBM-SERV or the Support number for a specific country listed at hftps://www.ibm.com/planetwide/ and providing machine type / serial or customer number or, to obtain support electronically, use the Internet web site: hftp://www.ibm.com/support/ ; h. to allow remote access to Client's system to assist in isolating the problem cause. Client remains responsible for adequately protecting its system and all data contained therein whenever IBM remotely accesses it. If Client denies remote access to its system by IBM, IBM may be limited in its ability to resolve the problem. If IBM is unable to resolve the problem without access, IBM will notify Client and close the service call; i. that some Services may require the installation and use of remote connectivity tools and equipment for direct problem reporting, remote problem determination and resolution. Any third party communications or connectivity charges are Client's responsibility; j. to use the information obtained under these Services only for the support of the information processing requirements within Client's Enterprise; k. when a part return is required, Client is charged for the replacement part if IBM does not receive the replaced part within 15 calendar days of Client's receipt of the replacement. Client may request that IBM install the replacement as a billable installation; I. to securely erase all non -IBM programs and all data (including confidential, proprietary and personal data regarding any individual or entity) from any Machine or part of a Machine returned to IBM for any reason and ensure that it is free of any legal restrictions that would prevent its return; m. that, to perform its responsibilities, IBM may ship all or part of the Machine or its software to other IBM or third party locations around the world; n. that Client is responsible for obtaining all necessary permissions to use, provide, store and process content in connection with Services, and grants IBM permission to do the same. Client is responsible for adequate content back-up and maintaining its system security during the Services. Some of Client's content may be subject to governmental regulation or may require security measures beyond those specified by IBM for an offering. Client will not input or provide such content unless IBM has first agreed in writing to implement additional required security measures; Z126-8668-CA-EN-04 04-2021 TSA for 1,908Dfferings — Canada Page 4 of 7 o. that Services may be performed on -site at Client's Specified Locations and off -site at IBM locations, and that IBM uses global resources (non -permanent residents used locally and personnel in locations worldwide) for delivery of Services; p. that the terms of the Machine Code License at hftp://www- 947.ibm.com/systems/support/machine warranties/support by product.html apply to Eligible IBM Machines and all Machine Code and Machine Code updates on such Eligible IBM Machines; q. to follow the service request procedures that IBM provides, to include installing entitled Machine Code and other software updates (downloaded from an IBM web site or copied from other electronic media), and to follow IBM's (or manufacturer's) guidelines pertaining to operator responsibilities, maintenance procedures, and supplies, prior to placing a Service request; r. that some devices have write or wear limitations as documented in the device's hardware product specifications. Once a device reaches its write or wear limitation, the device is considered end of life and therefore no longer eligible for warranty or maintenance Services. Replacement of devices that reach write or wear limitations is a Client responsibility not covered under warranty or maintenance Services; s. that, with respect to Services under this Attachment, the parties agree to look to their own risk management (including insurance) to cover damage, destruction, loss, theft, or government taking (collectively, Loss) of their respective tangible property (whether owned or leased), and neither party shall be liable to the other for such Loss except liability for negligence under applicable law; t. that Client cannot resell Services or transfer Services to another Machine; and u. that IBM and its affiliates, and their contractors and subprocessors, may, wherever they do business, store and otherwise process business contact information (BCI) of Client, its personnel and authorized users, for example name, business telephone, address, email and user IDs for business dealings with them. Where notice to or consent by the individuals is required for such processing, Client will notify and obtain such consent. 3. Charges For sales through IBM, charges are based on Service selections, payment option, and any prepay period. Renewal charges are calculated at the start of each renewal period. IBM will invoice Client in advance for the Machine/Service List on the Schedule and charges period specified in the TD. Price protection will apply from the start date through the committed term as follows: a. no price increase announced by IBM will apply for the committed term specified in the TD; and b. Client will receive the benefit of a price decrease as of the stated effective date, if the price decrease is announced by IBM with an effective date during the committed term specified in the TD. All newly added Eligible Products and Services, and changes to existing Eligible Product configurations and Services, will be charged at the then -current rate, and price protection will apply, for the term specified in the new TD. For each transaction, total Service charges are adjusted when: a. a review of the inventory count indicates a change from the last accounting; or b. a Specified Location is affected by a change that results in additional charges (e.g., a change in tax rates), Eligible Machine type, or Service is added, deleted, or changed. Increases to charges apply at the renewal of the term For sales through an IBM Business Partner (BP), the IBM BP sets the charges and charges terms. The IBM BP may impose an additional charge for some actions (e.g., termination), or for IBM's provision of some additional services (e.g., Service upgrades) as identified in this Attachment and its associated TDs. Notwithstanding any other term of this Attachment, Client must inquire with the IBM BP regarding charges, credits, or refunds. Client's payment is made directly to the IBM BP and any credit or refund is received from the IBM BP. Any required notices (e.g., changes to inventory or termination of Service) must be provided in writing to Client's BP with a copy to IBM. Re-establishment Fee If Client's warranty or maintenance Service coverage for a Machine lapses by 90 days or more, and Client subsequently requests to restart Services, a re-establishment fee applies based on the number of days of lapsed coverage, up to 365 days of the applicable Service fees for the Machines. Software Maintenance After License Fee For the Operating System and Licensed Program Products (LPPs), SWMA After License Fee (ALF) is a one-time charge to resume SWMA and applies: a. if there is a resumption of the SWMA after a lapse of the service; or b. when Client transfers a Software License for a Program not currently covered by IBM SWMA; or C. when Client acquires the Software License with the purchase of a used Machine, unless Client acquires SWMA within 30 days of the acquisition. For SWMA for IBM i, the most current operating system version and release is required to be installed. The new support period begins on the date that IBM accepts Client's order. 4. Automatic Inventory Insertion 4.1 Machine Maintenance If Client selects the Automatic Inventory Increase Option, IBM will automatically increase the inventory count and associated Services at Specified Locations. The following terms apply. If at any time either Client or IBM requests a review of the inventory count, both Client and IBM will cooperate in updating the last formal inventory. This cooperation will be limited to the exchange and consolidations of the inventory files. Z126-8668-CA-EN-04 04-2021 TSA for 1,9D9Dfferings — Canada Page 5 of 7 If the Machine is under warranty when added, Services will commence at warranty exit. If the Machine is not under warranty when added, Services will commence at the later of a) the date of installation or b) the previous yearly anniversary of the start of the transaction contract period. IBM Machines specifically excluded from coverage at transaction contract period start remain outside the scope of this section unless Client requests IBM add them during the transaction contract period. Services are the same as for all other Machines of the same type at the Specified Location. Newly installed IBM Machines of the same type as WSU are added at date of actual installation and covered at the same WSU support level. 4.2 Software Maintenance IBM will increase the inventory count and associated Services when an Eligible Program licensed for use on an Eligible IBM Machine is added to the inventory. Applicable Services are the same as for other copies of the Program licensed for use on Eligible IBM Machines of the same type at the Specified Location. Services will commence immediately upon addition of the Eligible Program to the inventory (After License Fees may apply), except if the Program is covered under the Agreement for Acquisition of Software Maintenance when added to the inventory, then Services under this Attachment will commence at the end of that support period. 5. Renewal Services automatically renew for the same contract period unless a party elects not to renew. Services will renew unless IBM receives Client's written notice not to renew at least 60 days prior to the end of the current contract period. After receipt of such notice, Services will then terminate at the end of the current transaction contract period. See Section 9 for more information for Purchase Order clients. 6. Withdrawal of Service or Support, Change of Support Level IBM may withdraw a Service or support for an Eligible Product on 90 days' written notice. Client will receive a credit for any remaining prepaid period associated with an IBM withdrawal of Service or support. For some Products, instead of withdrawing all Service or support for those Products, IBM will withdraw only engineering and development support and continue to provide limited support for known defects (Change of Support Level). Unless otherwise specified in the Change of Support Level notice, IBM will continue to: a. provide remote technical support for problem determination (PD) and problem source identification (PSI); b. provide on -site technical resources, if necessary, for hardware defect resolution (for example, but not limited to, the exchange of field replaceable units (FRUs), provided that the parts are generally commercially available); and c. determine if an applicable resolution exists, which may include existing patches or workarounds for Client installation. Beginning on the effective date in the notice, IBM's responsibilities will no longer include any: (1) preventive service; (2) support for newly reported defects or previously reported or known defects for which no updates, patches, or fixes were created; (3) engineering change management; or (4) development of any new machine code updates, patches, or fixes (including those designed to address security). IBM publishes its responses to security vulnerabilities at its PSIRT blog found here: https://www.ibm.com/blogs/psirt/ Affected Products will be covered under the new support level on the effective date in the notice (Effective Date), unless Client notifies IBM in writing of Client's intent to terminate coverage before the Effective Date. 7. Termination Client has committed to continue Services for the entire transaction contract period as documented in the applicable TD. However, Client may terminate Services for an Eligible Product if Client: a) replaces the terminated Services with equivalent new IBM Services, or b) on 60 days' written notice to IBM if Client permanently removes the Eligible Machine from productive use within Client's Enterprise. Client will receive a credit for any remaining prepaid period associated with Services Client terminates in accordance with this provision and a separate invoice for the equivalent Services added, if applicable. Otherwise, no credit is given for Client termination during the committed term. 8. Data Processing Protection IBM's Data Processing Addendum (DPA) at http://ibm.com/dpa and the DPA Exhibit at https://www.ibm.com/mysupport/s/article/support-privacy apply to the processing of Client's personal data by IBM on behalf of Client in order to provide IBM Services, if and to the extent i) the European General Data Protection Regulation (E/2016/679) (GDPR); or ii) other data protection laws identified at http://ibm.com/dpa/dpl apply. 9. Purchase Order Clients If Client requires a purchase order for its acquisitions hereunder, the following terms apply. For purchase order clients buying directly through IBM, IBM receives Client purchase orders (PO) as documentation of Client's order for Services acquired under this Attachment. Additional or different terms in any written communication from Client (including a PO) are void. If Client requires a PO, IBM is not required to commence Services until IBM receives Client's fully executed PO. IBM is not responsible for Service delays or lapses in Service caused by PO wait time. IBM must receive a renewal PO at least 30 days prior to the contract period end date to avoid termination for non -renewal. Z126-8668-CA-EN-04 04-2021 TSA for IS13ODfferings — Canada Page 6 of 7 This 1) Technical Services Attachment for TSS Offerings (Attachment), 2) applicable Transaction Documents, and 3) the Agreement specified herein comprise the complete agreement regarding the Services and replace any prior oral or written communications between Client and IBM. Accordingly, neither party is relying upon any representation that is not specified in the complete agreement including, without limitation, any representations concerning 1) levels of service, hours, or charges to provide any Service; 2) the experiences of other clients; or 3) results or savings Client may achieve. Each party accepts the terms of this Attachment by signing this Attachment (or another document that incorporates it by reference) by hand or, where recognized by law, electronically. Agreed to: Agreed to: Client Company Name: IBM Company: IBM Canada Ltd. By Authorized signature By Authorized signature Title: Title: Name (type or print): Name (type or print): Date: Date: Client number: Agreement number: TSA- Enterprise number: Client address: IBM address: 3600 Steeles Avenue East Markham, Ontario L31R 9Z7 Z126-8668-CA-EN-04 04-2021 TSA for IS 31Offerings — Canada Page 7 of 7 COMMON COUNCIL REPORT M&C No. 2022-222 Report Date June 22, 2022 Meeting Date June 27, 2022 Service Area Legislative Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT. 2022-06-27 MC Laserfiche-RICOH.docx AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Patricia Anglin Melanie Tompkins I John Collin RECOMMENDATION The City Manager recommends that: The City renew the annual Laserfiche Software Assurance Plan (LSAP) for software maintenance and support with RICOH Canada to maintain the City's on -premise installation of Laserfiche; and That the Mayor and City Clerk be authorized to execute the necessary documents to effect the purchase of the software. EXECUTIVE SUMMARY Laserfiche is the City's electronic records management system (ERMS) that manages the official minutes, agendas and reports of Common Council, bylaws, and other digital information. Laserfiche makes this information easily available, searchable, and readable by staff and the public. The Laserfiche software is supported in Canada by the exclusive Value -Added Reseller (VAR) RICOH Canada Inc. By renewing the agreement, the City has access to continuing software maintenance and support by RICOH Canada Inc. PREVIOUS RESOLUTION July 3, 2012: That notwithstanding the City's Procurement Policy for engagement of professional services RICOH be engaged as a sole source provider at a cost not to exceed $90,000 for upgrading the City's present Laserfiche system to Laserfiche RIO, and that the Mayor and Common Clerk be authorized to execute the necessary documents. REPORT The City manages its official council records in Laserfiche RIO, a web -based electronic records management system (ERMS). Laserfiche makes the stored `spa -2- digital information easily available, searchable, and readable to staff and the public. In 2005 Laserfiche was awarded the RFP for an Electronic Records Management System (ERMS). In 2012 the Laserfiche installation was upgraded to Laserfiche RIO a web -based system. The Laserfiche software maintains certified standards for an ERMS having achieved the Department of Defense US DOD 5015.2 standard and the Australian Victorian Electronic Records Strategy (VERS) standard. Municipal records are legislated under the Public Records Act, the Local Governance Act, the Archives Act, and the Right to Information and Protection of Privacy Act. The City must follow the Municipal Records Authority's retention and disposition schedules including transfers of Council Records to the Provincial Archives for permanent retention. Laserfiche has proven to be a trustworthy ERMS for the Clerk's Office to ensure our legislative requirements are maintained since 2005. The annual cost for the software maintenance and support is 34,368.38 + HST. Funding for this renewal has been allocated in the City's 2022 General Operating Budget. STRATEGIC ALIGNMENT This aligns with the Council priority of Valued Service Delivery. Staff are enabled to rely on the official council records for decision making. By providing access to Council decisions and reports to the public, the City demonstrates transparency. SERVICEAND FINANCIAL OUTCOMES The cost of the RICOH Canada Inc. Annual Software Maintenance and Support Agreement is included in the Information Technology budget. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Staff of Information Technology Service, General Counsel Office ATTACHMENTS RICOH Bill of Sale May 25, 2022 MCI RICOH Page 1 of 3 B-00112454 BILL OF SALE SELLER 'referred to on the reverse as "we", "us" or "our') Name: RICOH CANADA INC. Branch: 890 Order Date: May 25, 2022 Account Rep: Anil Rampersad Purchase Order #: CUSTOMER <referred to on the reverse as `you" or `your") Name: City of Saint John Bill To Name: City of Saint John Address: Common Clerks Off FL 8CityHall 15 Market Square Bill To Address: Common Clerks Off FL 8CityHall 15 Market Square PO Box 1971, PO Box 1971, Saint John, NB, E21_41_1 Saint John, NB, E21_41_1 Contact Name: Patricia Anglin Phone: 5067217089 Email: patricia.anglin@saintjohn.ca Equipment I Software I Software Maintenance and Support: Qty Description Amount E-Levy GST 34,368.38 0.00 0.00 PST/HST 1 M&S Renewals Laserfiche 5,155.26 1 506PPX2B - RioPblc Prtl Lic-dualCPU LSAP 13,334.00 200 506ENR2B - RioNmd Retrievl Usrs 200 LSAP 10,640.00 26 506ENFPL25B - RioNmd Full 25 - 49 LSAP 7,176.00 226 506ERMB - RioRcds Mgmt EDt5 Add On LSAP 1,950.38 26 506EFRMB - Laserfiche E-Forms LSAP 717.60 1 5061AB - RioDktp Import Agent LSAP 400.00 2 506EAFRMB - Rio Forms Auth Participant B 106.40 1 506SC01 B - RioDktp ScanConnect LSAP 44.00 Machine Type: NEW Location of Equipment: Common Clerks Off FL 8CityHall 15 Market Square PO Box 1971, Saint John, NB, E2L4L1 Settlement Details: Equipment Sub -total: $ 34,368.38 Serial: VALA-IINN-ERAA-IAII Product Type: Laserfiche Rio Service Marketing Promotion: $ 0.00 Period: Aug 04, 2022 - Aug 03, 2023 Trade -In Amount (Discount): $ 0.00 Settlement Amount: $ 0.00 Provincial Environmental Levy: $ 0.00 Net Value Before Tax: $ 34,368.38 P.S.T/H.S.T. $ 5,155.26 G. S. T. $ 0. 00 TOTAL: $ 39,523.64 Special Provisions: Customer 114 Form #RC6000 Rev 02, January 2019 Customer Initial: RICOH Page 2of3 B-00112454 APPLICATION: You agree to purchase the equipment, software licenses and/or software maintenance and support products listed above in accordance with the terms and conditions stated above and set out overleaf. You agree to pay to us the payments set forth above. You agree that all information set out herein is correct and that all particulars were complete when this Agreement was signed by you. You acknowledge having read the terms and conditions of this Agreement set forth on this page and overleaf, and agree that no other terms and conditions, express or implied, are part of this Agreement unless they appear above or in a schedule or addendum, and in either event are initialed by both of us to indicate they form part of this Agreement. RETURNS: No equipment, software or software maintenance and support products may be returned without Ricoh Canada Inc.'s prior written consent, which may be withheld at our sole discretion. Merchandise returned without written authorization may not be accepted at the receiving dock and remains your sole responsibility. On returns authorized by us in advance, you agree to pay a restocking charge determined by us. All claims for damaged equipment shall be deemed waived unless made in writing and delivered to us within five days after your receipt of the applicable equipment. PAYMENT: The purchase price for equipment and software is invoiced upon Ricoh Canada Inc.'s shipment of the applicable product to you, notwithstanding date of installation. Software is deemed to be shipped at the time the applicable license key is downloaded. Software maintenance and support is invoiced immediately following execution of this Agreement. You agree to pay invoices in accordance with their terms. SIGNATURE Signature(s) of Customer(s) Acceptance by Ricoh Canada Inc. Signature Print Name and Position Date Signed Signature of Ricoh Canada Inc. I have the authority to bind the Customer "Ricoh" is a registered trademark of Ricoh Company, Ltd. 115 Form #RC6000 Rev 02, January 2019 Customer Initial: RICOH Page 3 of 3 B-00112454 SCHEDULE A — TERMS AND CONDITIONS OF BILL OF SALE All the words used below have the same meaning as on the reverse side. 1. Purchase of Equipment or Licenses to Software We agree to sell to you and you agree to purchase from us the equipment and/or the software licenses and/or the software maintenance and support products set forth on the first page hereof. You promise to pay to us an amount equal to the purchase price which is set forth on the first page hereof in accordance with the terms and conditions herein. 2. Governing Law Our Agreement will be governed by the laws of the Province or Territory where the equipment is first delivered. In the event that the equipment location is specified to be in multiple jurisdictions, or in the case of the purchase of software licenses or software maintenance and support products with or without equipment, this Agreement will be governed under the applicable laws of the Province of Ontario. You also agree to the non-exclusive jurisdiction of the Province or Territory determined under this section to resolve any dispute in respect of this Agreement. 3. Assignment By Us We may assign our rights under this Agreement without notice to you, to a servicer designated by us. You may not assign this Agreement without our written consent. 4. Time of the Essence Time is of the essence in this Agreement. Any waiver of our rights under this Agreement will not be a waiver of any other right, either earlier or later. 5. Entire Agreement and Amendment This is the entire agreement between you and us regarding this transaction, and supersedes any prior discussions or negotiations between you and us. We must agree in writing to any amendment of this Agreement. Any purchase order, or other ordering document submitted by you will not modify or affect this Agreement, nor have any other legal effect and shall serve only the purpose of identifying the equipment ordered. 6. Liability Both parties agree not to hold the other liable for any indirect, special or consequential damages or for any loss of profit that may arise out of this contract. Our liability to you shall not exceed the amounts paid by you under this Agreement during the twelve months preceding any applicable claim. 7. Severability Any part of this Agreement that a court decides is not valid will be removed from this Agreement and you and we agree that the balance of this Agreement will not be affected. 8. Title to Equipment; Risk Title to the equipment will remain in our name and the equipment will remain our property until paid for in full. Risk of loss of or damage to equipment passes to you upon delivery of the equipment by us to you or to a carrier designated by you. 9. Software Licensed ANY SOFTWARE SUPPLIED TO YOU IS LICENSED TO YOU ONLY AND THE OWNERSHIP THEREOF IS NOT SOLD TO YOU, AND ANY AND ALL RIGHTS TO USE THE SOFTWARE ARE SET OUT IN THE LICENSE AGREEMENT ACCOMPANYING IT (THE "LICENSE AGREEMENT"). YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE RECEIVED AND READ THE LICENSE AGREEMENT. YOU ARE THE LICENSEE UNDER THE LICENSE AGREEMENT AND YOU AGREE TO PERFORM ALL THE OBLIGATIONS OF THE LICENSEE UNDER THE LICENSE AGREEMENT. YOU WILL USE THE SOFTWARE IN ACCORDANCE WITH THE TERMS OF THE LICENSE AGREEMENT. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE HAVE NOT ASSUMED ANY OF THE SOFTWARE MANUFACTURER'S OR LICENSOR'S OBLIGATIONS UNDER THE LICENSE AGREEMENT AND THAT WE SHALL HAVE NO LIABILITY FOR THE PERFORMANCE OF THE SOFTWARE MANUFACTURER'S OR LICENSOR'S OBLIGATIONS UNDER THE LICENSE AGREEMENT. ACCORDINGLY, IN THE EVENT OF ANY BREACH OR DEFAULT UNDER THE LICENSE AGREEMENT, YOUR SOLE REMEDY SHALL BE AGAINST LICENSOR AND/OR MANUFACTURER UNDER THAT LICENSE AGREEMENT. 10. Software Maintenance and Support TO THE EXTENT YOU ARE PURCHASING SOFTWARE MAINTENANCE AND SUPPORT SERVICES ("M&S"), YOU ACKNOWLEDGE AND AGREE THAT: (A) THE TERM OF THE M&S IS LIMITED TO THE TERM SPECIFICALLY LISTED IN THIS AGREEMENT AND DOES NOT UNDER ANY CIRCUMSTANCES AUTOMATICALLY RENEW; (B) THE TERMS AND CONDITIONS OF THE M&S ARE THOSE OF THE SOFTWARE DEVELOPER AND THAT NO OTHER TERMS APPLY, (C) ALL M&S IS PROVIDED ON A REMOTE BASIS, AND ANY ONSITE SUPPORT IS A SEPARATE, CHARGEABLE SERVICE NOT COVERED BY THIS AGREEMENT. AND (D) YOU HAVE RECEIVED AND READ THE APPLICABLE TERMS AND CONDITIONS OF THE MAINTENANCE AND SUPPORT PRODUCT 11. English Language You agree that this Agreement is to be drawn up in English. Vous acceptez que ce contrat soit redige en anglais. 12. Notices The parties may send notices to each other at the addresses shown on this Agreement, and they are effective when received as shown by a transmission confirmation or similar method. 13. Deliveries in Installments We reserve the right to make deliveries in installments. All such installments shall be separately invoiced and paid for when due, without regard to subsequent deliveries. Delay in delivery of any installment shall not relieve you of your obligation to accept remaining installments and remit payments as invoiced by us. 14. Delivery Equipment is shipped FOB origin at your expense. No delay in delivery will allow you to terminate this Agreement. 15. Installation; Network Connection; Other Services Any installation, network connection or other services will be subject to a separate agreement or quote. If the equipment is to be connected to a network, you will provide an accurate infrastructure diagram or complete information technology site survey to permit the identification of installation requirements. Should your network operating system, at the time of installation, be changed or upgraded, or if the site survey is otherwise inaccurate, any additional installation or network connection services will be quoted separately. Should you upgrade your network operating system or that of your user client operating systems during the term of this Agreement, any additional required services will be quoted separately. Any such quoted services will be subject to a separate agreement. This Agreement will remain in force, unamended, notwithstanding any such separate quote or agreement. 16. Overdue Payments Any overdue payments will be charged monthly interest at 24% per annum. You promise to pay all legal fees and expenses and other costs associated with our enforcement of this Agreement. 17. Selection of Products You agree that you made up your own mind as to which products to select and that the warranties that you get are limited to those of the manufacturer/developer. OTHER THAN AS SET OUT IN A RICOH WARRANTY ACCOMPANYING A RICOH BRAND HARDWARE PRODUCT, WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE. IN THE CASE OF SOFTWARE, THE ONLY WARRANTIES ACCOMPANYING SUCH SOFTWARE ARE THOSE SET OUT IN THE LICENSE AGREEMENT AND THEY ARE THOSE OF THE LICENSOR, NOT US. NEITHER LICENSOR, MANUFACTURER NOR ANY SALESPERSON, EMPLOYEE OR AGENT OF LICENSOR OR MANUFACTURER IS OUR AGENT OR HAS ANY AUTHORITY TO SPEAK FOR US OR TO BIND US IN ANY WAY. 18. Laws & Taxes You agree to comply with all laws that apply to the use of the products purchased hereunder and to pay all taxes and fees related to the products, the use of the products and the payments due hereunder when due, even if billed after the end of the term of this Agreement. 19. Data Storage You acknowledge that certain of the items of equipment sold under this Agreement have the capability of storing data. You are fully responsible for the treatment of the data on such equipment and for selecting an appropriate standard for the removal of any data to meet your business needs and applicable law. Should you wish to arrange for the data to be erased upon the termination of this Agreement, or for any other services to be provided in respect of the data storage parts in the equipment, such services will be quoted separately. Any such quoted services will be subject to a separate agreement. This Agreement will remain in force, unamended, notwithstanding any such separate quote or agreement. 20. Machine Type: New: Never before sold or leased equipment that has been unpacked from its original packaging and set up in operating condition. Used: A machine that has been repaired with new or used parts which is in a functional state and its meter retains its existing reading. Certified: a machine that has been remanufactured to like new condition, based on IS09001 standards, and has the meter set to zero. As -Is or Refinanced: A machine that has been left with the customer at the end of the customer's lease term and has not been refurbished or overhauled. 21. Counterparts/Electronic Documents or Signatures: This Agreement may be executed in counterparts. The counterpart that has Seller's original signature and/or is in Seller's possession will constitute the original agreement for all purposes. You may execute and/or transmit this Agreement manually, by facsimile or other electronic or digital means. If you sign and transmit this Agreement by facsimile or other electronic transmission, that copy, upon execution by Seller (either manually or electronically), shall be binding on the parties. You agree to deliver to us upon request the counterpart to this Agreement containing your manual signature. 116 Form #RC6000 Rev 02, January 2019 Customer Initial: a CA CA N O N O E Q cn a W ani= o _ rri r con: to N N O N Ca r � I con: to V) E (1) V • — I� (1) O cn OO .D •0 O EN E E cnO O N V a--' 0 t�A � V V V) E 7' cn c� � O 0 . V •oun O a) 4-j u 4-j • L c = 0- ca (1) `. .L 0-4- 0 Q w c6 0 LL O s � Ln N ca +J c6 ca '� cc \W / cc Jc: O W � �..L Ln ^O E ^W O O 0 O ^ �..L all. E Ln N >% Ln mi= _ rri r cm: Ln r 9 ani= o _ rri r con: to ^L W 4-j L cc P an i z o con: to I ani= o _ rri r con: to 0 oil I 4il jowl 44'rr pb °rr rcf Ili I 1' ,�ru �y „'4 I I d a E T r N O N `. mi= cm: i O CL � C6 V V N tw bn (1) O E }, Ln C6 r m CL V bA -0 C6 '0 r z o > ra (.0 C z U I r � n�1 _ .vF •— •— Ilk a. .J.M c m ■ I m i = tr Q�wri C � r CA C/-3 � � Q Q r U Q C3 cJ� act CA �.1.1 Z . - an i z o IMEN _ rri r con: N 11 N N O N �t Ln E O 00 Ln X w V i m O �O •V V C N cO G � L 0 co .c coz G C O� L }A N O V� M m (3) LL O LL 9 an i z o con: to E a � L .� .o >% bn E (1) }' 4� V > •— •— N a� oo r a '� X o N N •� M 'Q cn N V m - +� V (3) .— (3) O ago a���z N — � Lnn to U cvn to ani= o con: to I N N O N me a § El • mi z _ rri r cm: El • El • • A C Staff Recommendation for Council Resolution Property: 990 Fairville Boulevard Public Hearing: Completed on June 13, 2022 Item Required: (Y/N) Recommendation Municipal Plan No N/A Amendment Zoning By -Law Yes That Common Council rezone a parcel of land having an area Amendment of approximately 1.02 hectares, located at 990 Fairville Boulevard, also identified as PID Number 00403378, from Regional Commercial (CR) to Regional Commercial Residential (CR-R). 3rd Reading: June 27, 2022 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 which rezones a parcel of land having an area of approximately 1.02 hectares, located at 990 Fairville Boulevard, also identified as PID Number 00403378, from Regional Commercial (CR) to Regional Commercial Residential (CR-R). Recission of Yes That Common Council rescind the Section 39 Previous s. 39/s. conditions imposed on the August 14, 1989, rezoning of the 59 Conditions parcel of land having an area of approximately 1.02 hectares, located at 990 Fairville Boulevard, also identified as PID Number 00403378. 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 1.02 hectares, located at 990 Fairville Boulevard, also identified as PID Number 00403378: `K191 (a) The use of the site (PID Number 00403378) is restricted to a maximum of two buildings incorporating a maximum of 95 dwelling units and a minimum ground floor commercial space of approximately 488 square metres. This commercial space is to be located in the southern portion of the building closest to Fairville Boulevard as illustrated on the site plan submitted with the application. (b) The development must incorporate a sidewalk and appropriate pedestrian access between the adjacent sidewalk on Fairville Boulevard and the building entrances within the proposed development. This pedestrian access is to be detailed on the site plans submitted with the Building Permit application and is subject to the approval of the Development Officer. (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 including front yard landscaping in conformance with the Zoning By -Law and side yard landscaping as illustrated on the site plan submitted with the application. (d) The above elevation and site plans be attached to the permit application for the development of the parcel of land; and (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 parcel of land be developed and maintained in accordance with an engineering storm water drainage plan and design report, prepared by a professional engineer on behalf of the proponent and subject to the approval of the Chief City Engineer, and that such approved plan and report be attached to any development and/or building permit for the proposed development. Section 59 No N/A Agreement Section 131 No N/A Agreement Other No N/A `19YA BY-LAW NUMBER C.P. 111-135 A LAW TO AMEND THE ZONING BYLAW 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 1.02 hectares, located at 990 Fairville Boulevard, also identified as PID 00403378, from Regional Commercial (CR) to Regional Commercial Residential (CR-R) 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 June, A.D. 2022 and signed by: Mayor/Maire ARRETE NO C.P. 111-135 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 1,02 hectares carres, situe au 990, boulevard Fairville, egalement identifie de NID 00403378,de Zone commerciale regionale (CR) a Zone commerciale regionale residentiellle (CR- R) 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 juin 2022, avec les signatures suivantes : City Clerk/Greffier communal First Reading — June 13, 2022 Premiere lecture — le 13 juin 2022 Second Reading — June 13, 2022 Deuxieme lecture — le 13 juin 2022 Third Reading — X Troisieme lecture — X 138 Section 59 Conditions —990 Fairville Boulevard 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 1.02 hectares, located at 990 Fairville Boulevard, also identified as PID Number 00403378: (a) The use of the site (PID Number 00403378) is restricted to a maximum of two buildings incorporating a maximum of 95 dwelling units and a minimum ground floor commercial space of approximately 488 square metres. This commercial space is to be located in the southern portion of the building closest to Fairville Boulevard as illustrated on the site plan submitted with the application. (b) The development must incorporate a sidewalk and appropriate pedestrian access between the adjacent sidewalk on Fairville Boulevard and the building entrances within the proposed development. This pedestrian access is to be detailed on the site plans submitted with the Building Permit application and is subject to the approval of the Development Officer. (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 including front yard landscaping in conformance with the Zoning By -Law and side yard landscaping as illustrated on the site plan submitted with the application. (d) The above elevation and site plans be attached to the permit application for the development of the parcel of land. (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 parcel of land be developed and maintained in accordance with an engineering storm water drainage plan and design report, prepared by a professional engineer on behalf of the proponent and subject to the approval of the Chief City Engineer, and that such approved plan and report be attached to any development and/or building permit for the proposed development. 139 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 Fay ch. Kiersfeaq ao FROM / DE TO / A Regional Commercial Regional Commercial Zone commerciale CR CR-R Residential Zone commerciale regionale regionale residentielle 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: Comeau Mackenzie Architecture on behalf of Mike Cavanagh Homes Location: 990 Fairville Boulevard PID(s)/NIP(s): 00403378 Considered by P.A.C./Considers par le C.C.U.: May 17 mai, 2022 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: June 20 juin, 2022 140 COMMON COUNCIL REPORT M&C No. 2022-226 Report Date June 20, 2022 Meeting Date June 27, 2022 Service Area Public Works and Transportation Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT: Proposed Parking By -Law Amendment - QR Code Payment Method AUTHORIZATION Primary Author Commissioner/Dept. Head I City Manager Jill Good Michael Hugenholtz / Marc Dionne JJohnColfin RECOMMENDATION Your City Manager recommends that Common Council give 1st and 2nd Readings to the Amendment to the Saint John Parking By -Law, By-law No. LG-8, in the form attached to M&C 2022-226. EXECUTIVE SUMMARY In March 2022, the City's Parking department trialed the use of Hotspot's tap sign at the top of King Street adjacent to 99 King Street. The tap sign provides parkers with the option to use the Hotspot app in conjunction with the number on the sign or a QR code as a payment option. In an effort to continue to modernize parking infrastructure and significantly reduce costs associated with maintenance, upgrades and repairs, the Parking department wishes to amend the Parking by-law to include the QR code as a method of payment. PREVIOUS RESOLUTION Not applicable. REPORT In March 2022, the City's Parking department trialed the use of Hotspot's tap sign at the top of King Street adjacent to 99 King Street. The tap sign provides parkers with the option to use the Hotspot app and use the number on the sign or a QR code as a payment option. The QR code option directs users to make secure payments for parking via their webpage, no app required. Simply scan the QR code on the sign with your mobile phone and be brought directly to their safe and secure website to pay with credit card. -2- In the current trial location, the sign services 13 parking spaces and since its installation on March 25, 2022, there have been over 235 users of the QR code payment method and over 360 of the Hotspot number payment option. The signs cost $250 plus tax, the costs of which were recovered in less than 30 days through revenue collected. The Parking department received notice on May 9, 2022 from Parking Meter vendor JJ MacKay, that that as a result of the Payment Card Industry mandate to only accept credit card payments using EMV (EuroPay, Mastercard, Visa) technology, all parking meters that currently accept credit card as a payment method must be EMV —Smart Payment Cards enabled by October 1st, 2022. The elimination of credit card payments made using the magnetic stripe, is to increase the security of each payment transaction for not only the City, but also the cardholder. The Parking department currently provides multiple types of on -street parking machines which include pay by plate, pay and display and old-style coin machines. Of these machines, there are 50 that offer a credit card payment option. To upgrade the existing inventory with the VP5300 EMV certified contact and contactless card reader kit would cost $1,200 plus HST each meter for a total of $61,500 plus HST which includes the card readers and labour. To continue accepting credit card payments at parking equipment, an upgrade to the equipment will be required. In the event that the City is unable to have parking meters fully EMV Contactless enabled by October 1st, 2022, there will be a charge of US$0.15 for all VISA transactions. On average the City processes over 8,000 credit card transactions monthly. In an effort to continue to modernize parking infrastructure and reduce costs associated with maintenance, upgrades and repairs, the Parking department wishes to amend the Parking by-law to include the QR code as a method of payment and purchase 25 QR code signs. Signs purchased in bulk orders over 25, receive a discount and are only $125 plus tax each for a total of $3,125 plus tax. In turn, Parking will complete analysis of the current inventory, discontinue the use of approximately 20 pay by plate machines, and strategically place QR code signs to ensure that multiple payment options are offered on -street. The installation of the QR code signage, will result in cost avoidance of $24,000 plus tax that would otherwise be needed to upgrade 20 parking meters with card readers. It also results in operational savings realized from the decrease in required meter parts and supplies inventories. It is anticipated that there will also be noticeable staff productivity savings related to maintenance and repairs associated with parking meters such as replenishing paper rolls, clearing jams, snow clearing and weekly coin collection. STRATEGICALIGNMENT This report aligns with Council's Priority to perform by leveraging viable opportunities to generate alternate/new sources of revenue. SERVICEAND FINANCIAL OUTCOMES The purchase of QR codes will be covered by the Parking departments operating budget. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS General Counsel Office has drafted the proposed amendment. Finance has reviewed the report. The Information Technology (IT) service area has reviewed this report and have identified no security concerns for the City's IT Network as the QR codes and payment methods are housed on the vendor's network. ATTACHMENTS Proposed Amendment to the Parking By-law. Photo of QR code design Download the HotSpot Parking app Telecharger ('application de stationnement HotSpot Enter the zone number below to park Saisir le numero de zone ci-dessous pour vous garer 0000' Or/Au PAY HERE/PAYER ICI NO APP REQUIRED AUCUNE APPLICATION REQUISE Scan the QR code below Balayer le code de communication en champ proche (CCP) ou QR ci-dessous Powered By: H HotSpot O SAINT JOHN support@htsp.ca • 1 (855) 712-5888 A BY-LAW TO AMEND A BY-LAW RESPECTING THE REGULATION OF PARKING IN THE CITY OF SAINT JOHN, BY-LAW NUMBER LG-8, AND AMENDMENTS THERETO ARRETE MODIFIANT L'ARRETE RELATIF A LA REGLEMENTATION DU STATIONNEMENT DANS THE CITY OF SAINT JOHN, ARRETE NUMERO LG-8, ET MODIFICATIONS AFFERENTES Be it enacted by the Common Council of Lors d'une reunion du conseil municipal, The City of Saint John as follows: The City of Saint John a decrete ce qui suit: A By-law of The City of Saint John entitled "A By-law respecting the Regulation of Parking in The City of Saint John, By-law Number LG-8" and amendments thereto, enacted on the 271h day of January, A.D. 2020, is hereby amended as follows: 1. Subsection 9(2) is repealed and replaced with the following: "9(2) The payment of the fee that is required for the use of a parking space may, subject to the instructions stated on a parking machine or sign, be made by using: (a) Canadian nickels, dimes, quarters, loonies or toonies; (b) parking tokens or pre -payment cards issued by the Parking Commission; (c) credit cards issued by American Express, Master Card or Visa; or (d) the HotSpot QR code. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by-law the day of , A.D., 2022 signed by: Par les presentes, 1' arrete de The City of Saint John intitule « Arrete relatif a la reglementation du stationnement dans The City of Saint John, Arrete numero LG-8 » et modifications afferentes, decrete le 27' jour d'janvier 2020, est modifie comme suit: 1. Le paragraphe 9(2) est abroge et remplace par ce qui suit: 9(2) Sous reserve des instructions retrouvees sur la machine pour payer le stationnement ou enseigne, le paiement des frais prescrits pour l'utilisation d'un emplacement de stationnement peut etre fait au moyen de : a) pieces de cinq cents, de dix cents, de vingt-cinq cents, d'un dollar ou de deux dollars canadiens; b) jetons de stationnement ou de cartes prepayees delivrees par la Commission sur le stationnement; c) cartes de credit delivrees par American Express, Master Card ou Visa; ou d) le code QR HotSpot. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau municipal sur le present arrete le 2022, avec les signatures suivantes : Mayor / maire iElei First Reading Second Reading Third Reading City Clerk / greffier de la municipalite Premiere lecture Deuxieme lecture Troisieme lecture THE CITY OF SAINT JOHN NEW BRUNSWICK A By-law respecting the Regulation and Licensing of Owners and Operators of Vehicles for Hire in The City of Saint John By-law Number M-12 An uncertified copy of this By-law is available online Arrete portant reglementation des activites des proprietaires et exploitants de vehicules de location et de I'octroi de permis aux proprietaires et exploitants de vehicules de location dans The City of Saint John Arrete numero M-12 Une copie non certifiee de I'Arrete est disponible en Iigne `A WA TABLE OF CONTENTS TABLE DES MATIERES Section Description Page Article Designation Page Recitals 4 Preambule 4 1 Title 4 1 Titre 4 2 Definitions 4 2 Definitions 4 3 Interpretation 10 3 Interpretation 10 4 Mandatory Record Checks 11 4 Verifications du casier 11 judiciaire obligatoires 5 License Disqualification 12 5 Perte d'admissibilite 12 6 Duties of Inspector 15 6 Fonctions de I'Inspecteur 15 7 Operation of Vehicle for Hire 17 7 Interdiction 17 Prohibited 8 Operator's License 17 8 Permis d'Exploitant 17 9 Obligations of Operator 18 9 Obligations de I'Exploitant 18 10 Conditions of Use of Motor 22 10 Modalites d'utilisation d'un 22 Vehicle as a Vehicle for Hire vehicule a moteur comme Vehicule de location 11 Owner's License 24 11 Permis de Proprietaire 24 12 Obligations of Owners 26 12 Obligations du titulaire d'un 26 License Holder Permis de Proprietaire 13 Refusal to Issue, 28 13 Refus de delivrer un Permis et 28 Suspension and Revocation suspension et revocation des of License Permis 14 Judicial Review 29 14 Appel 29 15 Taxicab Standbys 29 15 Postes de Taxis 29 16 Offenses 30 16 Infractions 30 `[E:3 INE 17 The Saint John Transit 30 17 La Commission de transport Commission and the Annual de Saint John et la revision Review of Schedule "A" annuelle de ('Annexe « A » 18 Repeal 32 18 Abrogation Schedule "A" - Calculation 34 Annexe « A » - Tarifs calcules of Metered Rates and a I'aide d'un Taximetre et Provisions Applicable to dispositions applicables aux Limousines Limousines Schedule "B" - Contract 38 Annexe « B » - Formulaire de Rate Form tarif contractuel 30 32 34 38 `[�7 ME RECITALS WHEREAS Common Council deems it advisable to enact this By-law because it will govern the regulation and licensing of Owners and Operators of Vehicles for Hire in The City of Saint John; AND WHEREAS paragraph 10(1)(g) of the Local Governance Act, S.N.B. 2017, c. 18, authorizes municipalities to enact by-laws respecting transport and transportation systems, including carriers of persons or goods, taxis and other forms of public transportation; PREAM BU LE ATTENDU QUE le Conseil communal juge opportun de prendre le present Arrete destine a regir la reglementation des activites et I'octroi de Permis aux Proprietaires et Exploitants de Vehicules de location dans la Municipalite de Saint John; ET ATTENDU QUE I'alinea 10(1)g) de la Loi surla gouvernance locale, L.N.-B. 2017, ch. 18, autorise les municipalites a prendre des arretes concernant le transport et les moyens de transport, y compris les transporteurs de personnes ou de marchandises, les taxis et les autres formes de transport public; NOW THEREFORE the Common Council of The A CES CAUSES le Conseil communal de la City of Saint John, enacts as follows: Municipalite de Saint John edicte : Title 1 This By-law may be cited as the Saint John Taxi, Limousine and Sightseeing Vehicle By-law (hereinafter the "By-law ). Definitions 2 The following definitions apply in this By-law: "Assistant Inspector" means an individual(s) who has been designated by resolution of Common Council to carry out the duties of the Inspector in the event that the Inspector is unable to perform them for one or more of the reasons identified in this By-law. In any circumstance where the Assistant Inspector is acting in the place of the Inspector, he or she shall be considered the Inspector for the purposes of this By-law (Inspecteur adjoint); "Certificate of Inspection" means a Certificate of Inspection issued under the Motor Vehicle Act (Certificat d'inspection); Titre 1 Le present Arrete peut titre cite sous le titre Arrete concernant les taxis, les limousines et les vehicules de tourisme a Saint John (ci-apres I' « Arrete » ). Definitions 2 Les definitions qui suivent s'appliquent au present Arrete : Certificat d'inspection » designe un Certificat d'inspection delivre en vertu de la Loi sur les vehicules a moteur (Certificate of Inspection); Commission de transport de Saint John » designe la Commission de transport de Saint John etablie par I'Assemblee legislative du Nouveau - Brunswick en vertu des termes de la Loi sur la Commission de transport de Saint John, L.N.-B. 1979, ch. 18 (Saint John Transit Commission); ` 1191 ME "City" means The City of Saint John and includes the geographic bounds of The City of Saint John (Municipalite); ((Conseil communal » designe les membres slus du conseil municipal de la Municipalite (Common Council); "Common Council" means the elected municipal c Exploitant » s'entend d'une personne qui dstient council of the City (Conseil communal); un Permis en vertu de la Loi sur les vehicules a moteur et en vertu du present Arrete pour exploiter un Vehicule de location (Operator); "Criminal Record Check" means a comprehensive search of a person's criminal history or background to determine what, if any, crimes he or she has been convicted of in the past (Verification du casier judiciaire); "Inspector" means an individual who has been designated by resolution of Common Council to act as the Inspector (Inspecter); "License" means any License that has been issued in accordance with this By-law and has not expired or been suspended or cancelled. Should application be made for more than one type of License under this By-law, each application shall be subject to the same fee and evaluated against the criteria that applies to the type of License being sought. At no time may a License for a Taxicab and a Limousine be issued under this By-law in respect of the same vehicle (Permis); c Inspecteur » s'entend d'un individu qui a sty designe par resolution du Conseil communal pour agir a titre d'Inspecteur (Inspector); c Inspecteur adjoint » designe un ou des individus qui ont sty dssignss par resolution du Conseil communal pour s'acquitter des fonctions de 1'Inspecteur au cas o61'Inspecteur est incapable d'acquitter ses fonctions pour I'une ou plusieurs raisons snoncses dans cet Arrete. Dans 1'eventualite o6 1'Inspecteur adjoint remplace 1'Inspecteur, it est considers 1'Inspecteur pour les fins de cet Arrete (Assistant Inspector); c Limousine » designe une Limousine a carrosserie allongse ou tout Vshicule de luxe autoriss qui transporte une ou plusieurs personnes contre rsmunsration, sous reserve des dispositions de ('Annexe « A» qui s'appliquent aux Limousines et qui est munie d'au moins quatre (4) portes, qui est dans la classe des vehicules de luxe de pleine grandeur, comptant au moins cinq (5) places assises, incluant celle du chauffeur, squipse d'une ceinture de sscurits pour chaque passager present en tout temps dans la Limousine, muni du type de permis et de I'immatriculation du vshicule a moteur requis en vertu de la Loi sur les vehicules a moteur, et qui possyde chacune des composantes de luxe requises suivantes, telles que dsterminses selon I'avis de I'Inspecteur ou de ('Inspecteur adjoint, le cas schsant : (1) des caractyristiques d'intyrieur de quality supyrieure ne prysentant aucun signe visible de dommage ou de dychirure; (2) un revetement en cuir ou un matsriau de quality supsrieure ne prysentant aucun signe visible de dommage ou de dychirure; (3) un systyme de climatisation pleinement opyrationnel; (4) des vitres ylectriques pleinement opyrationnelles; (5) une chaine stereo pleinement opyrationnelle; et posssdant ygalement au moins 151 Kv. "Limousine" means a stretch Limousine or any of the Permitted Luxury Vehicles, which shall transport a person(s) for remuneration subject to the provisions of Schedule "A" as they relate to Limousines and shall have a minimum of four (4) doors and shall be full-size luxury class vehicles having a seating capacity for at least five (5) persons, including the driver, having a seatbelt for every passenger present in the Limousine at any given time, having the type of license and motor vehicle registration required under the Motor Vehicle Act, and further having each of the following required luxury components, as determined in the opinion of the Inspector or Assistant Inspector as the case may be: (1) top quality interior appointments with no visible signs of damage or tearing; (2) leather or plush upholstery with no visible signs of damage or tearing; (3) fully functioning air conditioning; (4) fully functioning power windows, and (5) fully functioning stereo system; and further having a minimum of two (2) of the following optional luxury components, as determined in the opinion of the Inspector or Assistant Inspector as the case may be: (1) one-way tinted glass; (2) a glass partition separating the front and rear seats; (3) fully functioning heated rear seats; (4) fully functioning rear seat passenger climate and temperature control; (5) fully functioning in vehicle passenger WiFi access; (6) fully functioning mounted rear seat television, video screen or tablet, and (7) fully functioning mounted rear seat passenger cellular phone (Limousine); deux (2) des composantes de luxe optionnelles suivantes, telles que determinees selon I'avis de I'Inspecteur ou de I'Inspecteur adjoint, le cas echeant : (1) des vitres teintees en verre Argus; (2) une cloison vitree separant Ies sieges avant et arriere; (3) des sieges chauffants a I'arriere pleinement operationnels; (4) un regulateur de climatisation et de temperature pour Ies sieges arriere pleinement operationnels; (5) un acces Wi- Fi pleinement operationnel offert aux passagers a I'interieur du vehicule; (6) une television, un ecran video ou une tablette pleinement operationnelle montee a I'arriere, et (7) un telephone cellulaire installe et mis a la disposition des passagers a I'arriere (Limousine); c Loi sur les vehicules a moteur » signifie la L.R.N.-B. 1973, ch. M-17, telle que modifiee de temps a autre ou remplacee par I'Assemblee legislative du Nouveau -Brunswick (Motor Vehicle Act); `% !FA "Metered Rates" means the rate for a Taxicab ride that is measured and calculated using a Taxicab Meter which is calibrated in accordance with Schedule "A" of this By-law (Tarifs calcules a I'aide d'un Taximetre); "Motor Vehicle Act" means R.S.N.B. 1973, c. M- 17, as amended from time to time or replaced by the Legislative Assembly of New Brunswick (Loi sur les vehicules a moteur); "Operator" means a person who is licensed under the Motor Vehicle Act and under this By-law to operate a Vehicle for Hire (Exploitant); "Operator's License" means an Operator's License that has been issued in accordance with this By-law and has not expired or been suspended or cancelled. At no time shall an Operator be permitted under this By-law to hold an Operator's License for a Taxicab and a Limousine respecting the same vehicle (Permis d'Exploitant); "Owner" means the individual or corporation shown by the records of the Registrar of Motor Vehicles for New Brunswick to be the registered Owner of a motor vehicle that has been registered under the Motor Vehicle Act for use as a Vehicle for Hire (Proprietaire); "Owner's License" means an Owner's License that has been issued in accordance with this By- law and has not expired or been suspended or cancelled. At no time shall an Owner be permitted under this By-law to hold an Owner's License for a Taxicab and a Limousine respecting the same vehicle (Permis de Proprietaire); c Municipalite » designe The City of Saint John et inclut les limites geographiques de la Municipalite de Saint John (City); Permis d'Exploitant » designe un Permis d'Exploitant qui a ete delivre conformement au present Arrete et qui n'a pas expire, ete suspendu ou annule. En aucun temps, un Exploitant ne peut detenir en vertu du present Arrete un Permis d'Exploitant de Taxi et de Limousine pour un meme vehicule (Operator's License); c Permis de Proprietaire » designe un Permis de Proprietaire qui a ete delivre conformement au present Arrete et qui n'a pas expire, ete suspendu ou annule. En aucun temps, un Proprietaire ne peut detenir en vertu du present Arrete un Permis de Proprietaire de Taxi et de Limousine pour un meme vehicule (Owners License); Permis » s'entend d'un Permis qui a ete delivre conformement au present Arrete et qui n'a pas expire, ete suspendu ou annule. Si une demande est deposee pour plus d'un type de Permis prevu au present Arrete, chaque demande est soumise aux memes droits et evaluee en fonction des criteres applicables au type de Permis demande. Un Permis de Taxi et un Permis de Limousine ne peuvent titre delivres pour un meme vehicule en vertu du present Arrete (License); Personne vulnerable » s'entend d'une personne qui en raison de son age, d'une deficience ou d'autres circonstances temporaires ou permanentes, soit est en position de dependance par rapport a d'autres personnes ou court un risque d'abus ou d'agression plus eleve que la population en general (Vulnerable Person); c Poste de Taxis » designe la partie d'une rue publique qui a ete designee a ce titre dans I'Arrete concernant la circulation a Saint John comme une aire d'attente pour les Taxis et qui ne peut en aucun temps titre utilisee par les Limourines et les Vehicules de tourisme (Taxicab Standby); `W 11FAIIII "Permitted Luxury Vehicle" means vehicles produced by the following manufacturers which are permitted to function as Limousines provided they also meet the requirements set out in the definition of Limousines and in the By-law more generally: (1) Acura; (2) Audi; (3) Bentley; (4) Cadillac; (5) Jaguar; (6) Land Rover; (7) Lexus; (8) Lincoln; (9) Mercedes-Benz; (10) Rolls Royce, or (11) any other luxury sport utility or luxury sedan vehicle produced by a manufacturer the Inspector or Assistant Inspector, as the case may be and in his or her discretion, finds to constitute a manufacturer of luxury vehicles (Vehicule de luxe autorise); "Saint John Transit Commission" means the Saint John Transit Commission established by the Legislative Assembly of New Brunswick under and pursuant to the terms of the Saint John Transit Commission Act, S.N.B. 1979, c. 81 (Commission de transport de Saint John); "Sightseeing Vehicle" means any motor vehicle, Taxicab, van, Limousine, bus, trolley, carriage, cart, wagon or any other form of conveyance, including horse drawn vehicles, pedicabs, rickshaws and motorcycles, each having a driver and, in no circumstances having a seating capacity which exceeds twenty-four (24) passengers, inclusive of the driver, that is used in the operation of a "for hire" sightseeing, charter or shuttle transportation business originating in the City. Sightseeing Vehicles shall only operate based on a predetermined service contract and corresponding fee structure, with a designated pick-up location and stops along a defined sightseeing route or a designated drop-off location. Sightseeing Vehicles are prohibited from operating as a Limousine or Taxicab, including soliciting passengers at Taxi Stands, while operating as a Sightseeing Vehicle (Vehicule de tourisme); "Taxicab" means a motor vehicle, other than: (1) a bus (as defined in section 1 of the Motor Vehicle Act); (2) a Limousine, or (3) a Sightseeing Vehicle during any period in which the vehicle is being used to transport a person(s) for remuneration, including the period in which a person who is to be, is being or has been transported for remuneration embarks or disembarks and the period in which the luggage of such person is loaded or unloaded. Proprietaire » designe la personne ou compagnie qui, d'apres les registres du registraire des vehicules a moteur du Nouveau -Brunswick, est le Proprietaire immatricule d'un vehicule a moteur enregistre sous le regime de la Loi sur les vehicules a moteur en vue d'etre utilise comme Vehicule de location (Owner); c Tarifs calcules a I'aide d'un Taximetre » designe le tarif pour un trajet en Taxi qui est mesure et calcule par un Taximetre calibre conformement a ('Annexe « A » du present Arrete (Metered Rates); Taxi » s'entend d'un vehicule a moteur, autre (1) qu'un autobus (tel que defini a I'article 1 de la Loi sur les vehicules a moteur); (2) une Limousine, ou (3) un Vehicule de tourisme, pendant la periode ou it est utilise pour transporter une ou plusieurs personnes contre remuneration, y compris la periode ou la personne qui dolt se faire transporter, qui est transportee ou qui a ete transportee contre remuneration monte dans le vehicule ou en descend, et la periode ou ses bagages sont charges ou decharges. Sans restreindre la portee de ce qui precede, tout vehicule a moteur autre (1) qu'un autobus (tel que defini a I'article 1 de la Loi sur les vehicules a moteur); (2) une Limousine, ou (3) un Vehicule de tourisme qui opere ou qui offre des tours contre remuneration dans la Municipalite, est considers un Taxi aux fins du present Arrete (Taxicab); Taximetre » s'entend d'un compteur electronique de marque Centrodyne, ou un systeme sur tablette qui appartient a un systeme de repartition informatise, achete, installs et en tout temps, maintenu en bon etat de fonctionnement par le Proprietaire de Taxi, qui est calibre conformement a ('Annexe « A » du present Arrete et scelle par I'Inspecteur lors de ('inspection dudit Taximetre, qui rencontre les exigences techniques ` 1511 111114611111 Without limiting the generality of the foregoing, any motor vehicle other than: (1) a bus (as defined in section 1 of the Motor Vehicle Act), (2) a Limousine, or (3) a Sightseeing Vehicle which operates or otherwise provides tours within the City for remuneration is considered a Taxicab for the purposes of this By-law (Taxi); "Taxicab Meter" means a Centrodyne brand electronic metering device, or a tablet based system that belongs to a computerized dispatching system, purchased, installed and maintained at all times in good working order by the Owner, which is calibrated in accordance with Schedule "A" of this By-law and sealed by the Inspector upon inspection thereof, which meets the technical specifications set out in this By-law and which is used to measure and calculate Metered Rates, as set out in this By-law (Taximetre); "Taxicab Standby" means a portion of a public street that has been designated in the Saint John Traffic By -Law as a standby area for Taxicabs and which cannot be used at any time by Limousines or Sightseeing Vehicles (Poste de Taxis); "Vehicle for Hire" means a duly licensed Taxicab, a Limousine or a Sightseeing Vehicle that is fully compliant with the applicable terms of this By-law and the Motor Vehicle Act (Vehicule de location); prevues dans le present Arrete et qui est utilise pour mesurer et calculer les tarifs a I'aide d'un Taximetre, conformement au present Arrete (Taxicab Meter); Vehicule de location » designe un Taxi dument autorise, une Limousine ou un Vehicule de tourisme qui est pleinement conforme aux termes applicables du present Arrete et a ceux de la Loi sur les vehicules a moteur (Vehicle for Hire); c Vehicule de luxe autorise » s'entend des vehicules produits par les fabricants suivants qui peuvent titre utilises comme Limousine, pourvu qu'ils repondent aux exigences enoncees dans la definition de Limousine et, plus generalement, dans le present Arrete : (1) Acura; (2) Audi; (3) Bentley; (4) Cadillac; (5) Jaguar; (6) Land Rover; (7) Lexus; (8) Lincoln; (9) Mercedes-Benz; (10) Rolls Royce, ou (11) tout autre vehicule utilitaire sport de luxe ou berline de luxe produite par un fabricant qui, selon I'Inspecteur ou I'Inspecteur adjoint, le cas echeant, et a sa discretion, constitue un fabricant de vehicules de luxe (Permitted Luxury Vehicle); c Vehicule de tourisme » designe tout vehicule a moteur, Taxi, camionnette, Limousine, autobus, trolleybus, chariot, charrette, ou tout autre moyen de transport incluant les vehicules tires par des chevaux, les velo-pousse, les pousse-pousse et les motocyclettes, ayant chacun un conducteur, et en aucun temps etant muni d'un nombre de places assises excedant vingt-quatre (24) passagers, incluant le conducteur, qui est utilise dans le cadre des activites « de location » a des fins de tourisme, de transport nolise ou de navette d'une entreprise provenant de la Municipalite. Les Vehicules de tourisme sont exploites seulement selon un contrat de service predetermine et selon la structure des tarifs, avec un lieu prevu pour 1'embarquement et des arrets le long d'un parcours touristique M1911 "Vulnerable Person" means a person who, by reason of his age, a disability or other circumstances, whether temporary or permanent, is in a position of general dependence on others or is otherwise at a greater risk than the general population of being harmed (Personne vulnerable); "Vulnerable Sectors Check" means a comprehensive search of a person's criminal history or background to determine what, if any, crimes he has been convicted of in the past against a Vulnerable Person, including crimes of sexual nature against a Vulnerable Person for which a record suspension or pardon may have been issued (Verification des antecedents en vue d'un travail aupres de Personnes vulnerables). Interpretation predetermine ou un lieu prevu pour le dechargement. Les Vehicules de tourisme ne peuvent titre exploites comme Limousine ou Taxi, incluant la sollicitation de passagers dans les Postes de Taxis, alors qu'il est exploite comme Vehicules de tourisme (Sightseeing Vehicle); Verification du casier judiciaire » s'entend d'une recherche exhaustive des antecedents criminels d'un individu pour determiner, le cas echeant, les crimes pour lesquels it a deja ete condamne (Criminal Record Check); Verification des antecedents en vue d'un travail aupres de Personnes vulnerables » s'entend d'une recherche exhaustive des antecedents criminels d'un individu pour determiner, le cas echeant, les crimes commis envers une Personne vulnerable pour lesquels it a deja ete condamne, incluant les infractions de nature sexuelle contre une Personne vulnerable, pour lesquelles le casier aurait ete suspendu ou un pardon aurait ete accorde (Vulnerable Sectors Check). Interpretation 3 Rules for interpretation of the language used in 3 Les regles d'interpretation suivantes s'appliquent this By-law are contained in the lettered au present Arrete paragraphs as follows: (a) The captions, article and section names and numbers appearing in this By-law are for convenience of reference only and have no effect on its interpretation. (b) This By-law is to be read with all changes of gender or number required by the context. (c) Each reference to legislation in this By-law is printed in Italic font. The reference is intended to include all applicable amendments to the legislation, including successor legislation. Where this By-law references other by-laws of the City, the term is intended to include all applicable amendments to those by-laws, including successor by-laws. a) Les titres, intertitres et numeros des dispositions ne servent qu'a faciliter la consultation de I'Arrete et ne doivent pas servir a son interpretation. b) Le genre ou le nombre grammaticaux doivent titre adaptes au contexte. c) Les renvois legislatifs paraissent en italique. Le renvoi a une loi vise egalement les modifications qui s'y appliquent, y compris toute legislation de remplacement. Les renvois a d'autres arretes de la Municipalite visent egalement les modifications qui s'y appliquent, y compris tout arrete de remplacement. `&V -11- (d) The requirements of this By-law are in addition to any requirements contained in any other applicable by-laws of the City or applicable provincial or federal statutes or regulations, including but not limited to the Motor Vehicle Act. (e) If any section, subsection, part or parts or provision of this By-law, is for any reason declared by a court or tribunal of competent jurisdiction to be invalid, the ruling shall not affect the validity of the By-law as a whole, nor any other part of it. (f) The Schedules attached to this By-law are included in and shall be considered part of this By-law. d) Les obligations qu'il cr(§e s'ajoutent a celles decoulant d'autres arret(§s applicables de la Municipalite ou des lois ou reglements federaux ou provinciaux applicables, incluant sans s'y limiter la Loi sur les vehicules a moteur. e) Si une disposition quelconque est declaree invalide par un tribunal competent pour quelque motif que ce soit, la decision n'entache en rien la validite de I'Arrete dans son ensemble ni de toute autre disposition. f) Les Annexes jointes au present Arrete sont incluses et doivent titre considerees comme faisant parties du present Arrete. Mandatory Record Checks Verification du casier judiciaire obligatoires 4 Before the Inspector will consider an application 4 Avant que 1'Inspecteur ne considere une for any License under this By-law, a person shall, demande de Permis en vertu de cet Arrete, un at his sole expense, submit to a: individu doit, a ses propres frais, presenter : (a) Criminal Record Check, which shall be carried out by the Saint John Police Force if the applicant resides in the City and by the Royal Canadian Mounted Police or a local police force as the case may be should the applicant reside outside the City; and (b) In the case of an application for an Operator's License, a Vulnerable Sectors Check, which shall be carried out by the Saint John Police Force if the applicant resides in the City and by the Royal Canadian Mounted Police or a local police force as the case may be should the applicant reside outside the City. License Disqualification 5 A person is disqualified from obtaining, holding or continuing to hold any License under this By-law if: a) Une Verification du casier judiciaire qui devra titre effectuee par le Service de police de Saint John si I'auteur de la demande demeure dans la Municipalite, et par la Gendarmerie royale du Canada ou par un service de police local, le cas ech(§ant, si I'auteur de la demande reside a 1'exterieur de la Municipalite; et b) Dans le cas d'une demande pour une Permis d'Exploitant, une Verification des antecedents en vue d'un travail aupres de Personnes vulnerables devra titre effectuee par le Service de police de Saint John si I'auteur de la demande reside dans la Municipalite et par la Gendarmerie royale du Canada ou par un service de police local, le cas echeant, si I'auteur de la demande demeure a 1'exterieur de la Municipalite. Perte d'admissibilite 5 Est inadmissible a obtenir ou a detenir ou a continuer a detenir un Permis en vertu du present Arrete la personne qui : `N' FA EPA (a) He is convicted of, or has within the five (5) years prior to submitting an application for a License, been convicted of: (i) An indictable offence under the Criminal Code, R.S.C. 1985, c. C- 46, of Canada or any other statute; (ii) An offence of trafficking in narcotics or possessing a narcotic or importing a narcotic, contrary to the Controlled Drugs and Substances Act, S.C. 1996, c. 19; (iii) An offence of trafficking in a controlled or restricted drug or possession for the purpose of trafficking in a controlled or restricted drug, contrary to the Food and Drug Act, R.S.C. 1985, c. F-27, of Canada; or such disqualification from holding a License under this By-law shall be calculated as running for a period of five (5) years commencing on the date of conviction; (b) He is convicted of, or has within two (2) years prior to submitting an application for a License, been convicted of: (i) A summary conviction offence under the Criminal Code of Canada; or (ii) An offence under the Controlled Drugs and Substances Act or the Food and Drug Act of Canada or the Liquor Control Act of New Brunswick other than an offence mentioned in subparagraph 5(a)(ii), (iii) or (iv); such disqualification from holding a License under this By-law shall be a) Ou bien est reconnue coupable ou a ete reconnue coupable, au cours des cinq (5) annees precedant la presentation d'une demande de Permis : i) D'un acte criminel prevu au Code criminel, L.R.C. 1985, ch. C-46, du Canada ou de toute autre loi; ii) De trafic, de possession ou d'importation de stupefiants, en violation de la Loi reglementant certaines drogues et autres substances, L.C. 1996, ch. 19; iii) De trafic ou de possession a des fins de trafic d'une drogue controlee ou d'une drogue d'usage restreint, en violation de la Loi sur les aliments et drogues, L.R.C. 1985, ch. F-27, du Canada; ou cette perte d'admissibilite a detenir un Permis en vertu du present Arrete s'echelonne sur une periode de cinq (5) ans a partir de la date de la condamnation; b) Ou bien est reconnue coupable ou a ete reconnue coupable, dans les deux (2) annees precedant la presentation d'une demande de Permis: i) D'une infraction punissable sur declaration de culpabilite par procedure sommaire en vertu du Code criminel du Canada; ii) D'une infraction prevue a la Loi reglementant certaines drogues et autres substances, a la Loi sur les aliments et drogues du Canada ou a la Loi sur la reglementation des alcools du Nouveau -Brunswick, autre qu'une infraction mentionnee au sous-alinea 5a)(ii), (iii) or (iv); cette perte d'admissibilite a detenir un Permis en vertu du present Arrete Egli calculated as running for a period of two (2) years commencing on the date of conviction; (c) He has, within two (2) years prior to making his application, had a License obtained under this By-law cancelled and not reinstated; (d) In the case of an Operator, he has had his driver's license cancelled or suspended under the Motor Vehicle Act, which must be reported by said Operator to the Inspector in writing within twenty-four (24) hours of said cancellation or suspension; (e) In the case of an Operator, he is found to have operated a Vehicle for Hire while his driver's license was cancelled or suspended under the Motor Vehicle Act, which carries with it a disqualification from holding a License under this By-law for the same period of time his driver's license is cancelled or suspended; (f) In the case of an Owner, he is found to have permitted the operation of a Vehicle for Hire without a valid policy of insurance which complies in all respects with the conditions for insurance prescribed in this By-law, which carries with it a two (2) year disqualification from holding a License under this By-law commencing on the date of discovery by the Inspector; (g) Notwithstanding subsections 5(a) through (f) above, should an Operator engage in any violent, threatening or intimidating on - duty conduct towards a passenger, a member of the public or another licensee under this By-law which causes the Inspector or Assistant Inspector, as the case may be, to conclude that his or her continued service as an Operator of a Taxicab, Limousine or Sightseeing Vehicle poses a serious and immediate risk to the health and safety of a passenger, a s'(§chelonne sur une periode de deux (2) ans, a partir de la date de la condamnation; c) Ou bien a vu, au cours des deux (2) annees precedant sa demande, un Permis obtenu en vertu du present Arrete titre annule sans titre retabli; d) Ou bien, dans le cas d'un Exploitant, qui a vu son permis de conduire titre annule ou suspendu sous le regime de la Loi sur les vehicules a moteur, ce qui doit titre rapporte, par ecrit, par ledit Exploitant a I'Inspecteur dans les vingt-quatre (24) heures de ladite annulation ou suspension; e) Ou bien, dans le cas d'un Exploitant, s'il est etabli qu'il a exploite un Vehicule de location alors que son permis de conduire etait annule ou suspendu en vertu de la Loi sur les vehicules a moteur, ce qui entraine une perte d'admissibilite a detenir un Permis en vertu du present Arrete pour la meme periode de temps que son permis de conduire est annule ou suspendu; f) Ou bien, dans le cas d'un Proprietaire, s'il est (Rabli qu'il a permis 1'exploitation d'un Vehicule de location sans detenir une police d'assurance valide qui respecte en tous points les conditions d'assurance prescrites dans le present Arrete, ce qui entraine une perte d'admissibilite a detenir un Permis en vertu du present Arrete pour une periode de deux (2) ans a partir de la date ou I'Inspecteur decouvre cette information; g) Nonobstant les paragraphes 5a) a f), ci- haut, si un Exploitant a un comportement violent, menagant ou intimidant envers un passager, un membre du public ou un autre detenteur de Permis en vertu du present Arrete, alors qu'il est en service, qui fait en sorte que I'Inspecteur ou I'Inspecteur adjoint, selon le cas, conclut que son service continu en tant qu'Exploitant de Taxi, de Limousine ou de Vehicule de tourisme presente un danger serieux et immediat pour la sante et la securite d'un `P10.1 MEE member of the public or another licensee under this By-law, the Inspector or Assistant Inspector shall have the authority to temporarily suspend such License until such time that the charges respecting the violent, threatening or intimidating on -duty conduct towards a passenger, member of the public or another licensee under this By-law are either proven or disproven in court without further successful appeal. In circumstances where such charges are proven in court without further successful appeal, the duration of the Operator's suspension shall correspond with subsections 5(a) or (b) as the case may be. Should the event giving rise to the temporary suspension not become the subject of charges, the temporary suspension shall be deemed to have been lifted upon the decision of the Crown not to pursue charges and notice of this decision shall be communicated to the Operator by the Inspector or Assistant Inspector as the case may be; (h) In the case of an Owner or Operator found to have used or permitted to be used a Taxicab as a Limousine or a Limousine as a Taxicab, such License shall carry with it a two (2) year disqualification from holding a license under this By-law commencing on the date of discovery by the Inspector. Duties of the Inspector 6(1) The duties of the Inspector include (a) The general control, supervision and direction of any person who has been designated to act as the Assistant Inspector; (b) Making decisions in accordance with this By-law, including the issuing, suspending and revoking of Licenses; passager, d'un membre du public ou d'un autre detenteur de Permis en vertu du present Arrete, 1'Inspecteur ou 1'Inspecteur adjoint a I'autorite de suspendre temporairement ledit Permis jusqu'a ce que les accusations relatives au comportement violent, menagant ou intimidant envers un passager, un membre du public ou un autre detenteur de Permis en vertu du present Arrete, alors qu'il est en service, soient prouvees ou refutees en cour sans titre renversees en appel. Dans les circonstances ou de telles accusations sont prouvees en cour sans titre renversees en appel, la duree de la suspension de I'Exploitant correspond aux paragraphes 5a) ou b), selon le cas. Si 1'evenement qui a mene a la suspension temporaire ne donne pas lieu a des accusations, la suspension temporaire est consideree titre levee des la decision de la Couronne de ne pas deposer des accusations et un avis de cette decision est communiquee a I'Exploitant par 1'Inspecteur ou 1'Inspecteur adjoint, selon le cas; h) S'il est etabli qu'un Proprietaire ou un Exploitant a utilise ou a permis ('utilisation d'un Taxi comme Limousine ou d'une Limousine comme Taxi, ce qui entraine une perte d'admissibilite a detenir un Permis en vertu du present Arrete, pour une periode de deux (2) ans, a partir de la date o6 1'Inspecteur decouvre cette information. Fonctions de I'Inspecteur 6(1) L'inspecteur exerce les fonctions suivantes : a) II controle, surveille et dirige toute person ne designee a titre d'Inspecteur adjoint; b) II prend des decisions conformement au present Arrete, y compris la delivrance, la suspension et la revocation des Permis; INN( (c) Upon receiving an application for a License or receiving a complaint, making or causing to be made inquiries to police authorities and motor vehicle authorities to confirm that a person is not disqualified from obtaining or holding a License under this By-law; (d) Upon receiving a complaint, and at such other times as he may consider expedient for the administration or enforcement of this By-law, inspecting Vehicles for Hire to determine: (i) That they are clean; (ii) That the registration plate, the Owner's License, the Operator's License, the decals showing the applicable provisions of Schedule "A" and the identification decals are being displayed in accordance with this By-law and the Motor Vehicle Act; (e) Keeping a register that includes a list of all Licenses that have been granted or suspended or cancelled under this By-law, the name and address of each applicant, the fees that have been paid for Licenses, the particulars of the identification decals issued for the Vehicle for Hire, and a full description of each Vehicle for Hire for which a License is issued, including its make, model, year and colour; (f) Furnishing a copy of the By-law to each person who receives a License under this By-law; and (g) Examining or causing to be examined every motor vehicle for which a License is requested under this By-law to confirm: (i) That it is displaying both a current registration plate and a Certificate c) A la reception d'une demande de Permis ou d'une plainte, it mene ou fait mener des enquetes aupres des autorites policieres et des autorites chargees de la direction des vehicules a moteur afin de confirmer qu'une personne n'est pas inadmissible a obtenir ou detenir un Permis en vertu du present Arrete; d) A la reception d'une plainte et a tout autre moment o6 it le juge utile pour I'application ou 1'execution du present Arrete, it inspecte Ies Vehicules de location pour s'assurer : i) Qu'ils sont propres; ii) Que la plaque d'immatriculation, le Permis de Proprietaire, le Permis d'Exploitant et Ies vignettes representant Ies dispositions applicables de ('Annexe « A » et Ies vignettes d'identification sont affiches conformement au present Arrete et a la Loi sur les vehicules a moteur; e) II tient un registre indiquant tous Ies Permis qui ont ete accordes, suspendus ou annules en vertu du present Arrete, Ies nom et adresse de chaque auteur d'une demande, Ies droits payes a 1'egard des Permis et Ies details relatifs aux vignettes d'identification delivrees a 1'egard du Vehicule de location et comportant une description complete de chaque Vehicule de location pour Iequel un Permis est delivre, y compris sa marque, son modele, son annee et sa couleur; f) II remet une copie du present Arrete a chaque personne qui regoit un Permis en vertu de celui-ci; et g) II examine ou fait examiner chaque vehicule a moteur a 1'(§gard duquel un Permis est demande en vertu du present Arrete afin de confirmer : i) Que sont apposes sur celui-ci une plaque d'immatriculation en cours INIM of Inspection. For motor vehicles applying for a License for the first time, the Certificate of Inspection must be issued not more than thirty (30) days before the date on the application; and (ii) That it is free of exterior body damage and is clean and neat both inside and outside. 6(2) An Assistant Inspector shall carry out the duties of the Inspector in the event that the Inspector is unable to do so for reasonable cause, and shall report to the Inspector with respect to the performance of such duties. Operation of Vehicle for Hire Prohibited 7 No person shall operate a motor vehicle as a Vehicle for Hire within the City unless: (a) He is in possession of a valid Operator's License; (b) A valid Owner's License has been issued for the Vehicle for Hire and is displayed as provided herein; (c) A Certificate of Inspection that has not expired is displayed on the windshield of the motor vehicle; and (d) Identification decals and the decals showing the applicable provisions of Schedule "A" issued by the Inspector for that Vehicle for Hire are securely affixed to the upper left corner of its rear window and to the window of each of its rear doors. Operator's License 8(1) An application for an Operator's License shall be submitted to the Inspector at 55 McDonald St, Saint John, NB E2J OC7, on the form developed and provided by the Inspector for such purpose. de validite et un Certificat d'inspection. Pour les vehicules a moteur qui demandent un Permis pour la premiere fois, le Certificat d'inspection doit titre delivre pas plus de trente (30) jours avant la date de la demande; et ii) Que sa carrosserie n'est pas endommagee et qu'il est propre tant a l'interieur qu'a 1'exterieur. 6(2) Un Inspecteur adjoint accomplit les taches de I'Inspecteur lorsque ce dernier est incapable de le faire en raison de causes raisonnables. II fait rapport a I'Inspecteur relativement a I'accomplissement de ces taches. Interdiction 7 II est interdit d'exploiter un vehicule a moteur comme Vehicule de location a l'interieur de la Municipalite a moins que les conditions suivantes ne soient reunies : a) L'Exploitant possede un Permis d'Exploitant valide; b) Un Permis de Proprietaire valide a ete delivre a 1'egard du Vehicule de location et est affiche conformement aux dispositions du present Arrete; c) Un Certificat d'inspection qui n'a pas expire est appose sur le pare-brise du vehicule a moteur; et d) Des vignettes d'identification et les vignettes affichant les dispositions applicables de ('Annexe « A » delivrees par I'Inspecteur a 1'egard du Vehicule de location sont solidement collees au coin superieur gauche de la lunette arriere et sur la vitre de chacune des portes arriere. Permis d'Exploitant 8(1) La demande de Permis d'Exploitant est presentee a I'Inspecteur a 55 rue McDonald, Saint John, N-B E2J OC7, au moyen du formulaire congu et fourni par I'Inspecteur a cet effet. Les Permis fl"M EVA Operator's Licenses that are issued may be picked up at that location. As is noted under the definition of License herein, more than one type of License may be held under this By-law provided that the applicable fee is paid for each application and all of the criteria applicable to each License has been met, subject to the exception that a vehicle cannot be used as both a Taxicab and a Limousine. 8(2) The Inspector shall issue an Operator's License to an applicant if he is satisfied that the applicant: (a) Has truthfully completed the application form; (b) Has submitted to and passed a Vulnerable Sectors Check; (c) Has paid the Operator's License fee of fifty dollars ($50.00); (d) Has established that he is at least nineteen (19) years of age; (e) Has established that he has a minimum of two (2) years licensed driving experience; (f) Holds a current valid driver's license that has been issued to him under the Motor Vehicle Act with a minimum of four (4) points remaining, which authorizes him to operate the type of Vehicle for Hire in question to which the License being sought under the By-law applies; (g) Is not a person who is disqualified under this By-law from holding a License; d'Exploitant delivres peuvent titre ramasses a cet endroit. Comme decrit dans la definition de Permis au present Arrete, plus d'un type de Permis peut titre detenu en vertu du present Arrete, pourvu que les droits applicables soient payes pour chaque demande et que toutes les conditions associees a chaque Permis sont remplies, sous reserve de 1'exception qu'un vehicule ne peut pas titre utilise comme Taxi et Limousine. 8(2) L'Inspecteur delivre un Permis d'Exploitant a la personne qui le demande Iorsqu'il est convaincu qu'elle : a) A veridiquement rempli le formulaire de demande; b) S'est soumise et a passe avec succes la Verification des antecedents en vue d'un travail aupres de Personnes vulnerables; c) A acquitte le droit de Permis d'Exploitant de cinquante dollars (50 $); d) A prouve qu'elle est agee d'au moins dix- neuf (19) ans; e) A prouve qu'elle compte au moins deux (2) annees d'experience de conduite; f) Detient un permis de conduire en cours de validite, avec un minimum de quatre (4) points, qui lui a ete delivre sous le regime de la Loi sur les vehicules a moteur, et qui I'autorise a Exploiter le type de Vehicule de location pour lequel la demande de Permis prevue au present Arrete a ete deposee; g) West pas inadmissible en vertu du present Arrete a detenir un Permis; 8(3) The fee for an Operator's License is fifty 8(3) Le droit afferent au Permis d'Exploitant est de dollars ($50.00). cinquante dollars (50 $). 8(4) An Operator's License issued under this By- law expires at 11:59 p.m. on the Operator's next birthday. 8(5) An Operator whose Operator's License has been lost or accidentally destroyed may apply for and obtain from the Inspector at 55 McDonald St, 8(4) Le Permis d'Exploitant delivre en vertu du present Arrete expire a 23 h 59 le jour du prochain anniversaire de naissance de I'Exploitant. 8(5) L'Exploitant dont le Permis d'Exploitant a ete perdu ou detruit accidentellement peut presenter une demande a I'Inspecteur a 55 rue McDonald, `W MR11 Saint John, NB E2J OC7, a replacement upon the payment of an administration fee of fifteen dollars ($15.00). Obligations of an Operator 9 An Operator shall : (a) Notify the Inspector, in writing, prior to changing his employment or affiliation from one Owner to another Owner, and pay to the Inspector an administration fee of fifteen dollars ($15.00); (b) Not use abusive, insulting or obscene language while operating a Vehicle for Hire; (c) Be neat, clean and courteous while operating a Vehicle for Hire; (d) Allow only paying passengers to occupy the Vehicle for Hire while it is being operated as a Vehicle for Hire or is in service; (e) Subject to the directions of police officers or of traffic control devices or the customer, proceed by the shortest legal route from the pick-up point to the destination point; (f) Display his License in the Vehicle for Hire that he is operating in a position where the License can be easily seen by passengers, and allow them to inspect it; (g) Allow any member of the Saint John Police Force or Saint John Transit Commission, at all reasonable times, to inspect the Vehicle for Hire, his Operator's License, the Owner's License, the Taxicab Meter used to calculate Metered Rates (if applicable), the decals showing the applicable provisions of Schedule "A" and the identification decals that are displayed in or upon the Vehicle for Hire; Saint John, N-B E2J OCT en vue d'obtenir un nouveau Permis sur paiement des frais d'administration de quinze dollars (15 $). Obligations de I'Exploitant 9 L'Exploitant : a) Avise par ecrit I'lnspecteur avant de cesser de travailler pour un Proprietaire ou de cesser son affiliation a celui-ci et de commencer a travailler pour un autre Proprietaire ou de s'affilier a celui-ci, et paie a I'Inspecteur des frais d'administration de quinze dollars (15 $); b) S'abstient d'utiliser un langage offensant, insultant ou obscene pendant qu'il exploite un Vehicule de location; c) A une apparence propre et soignee et fait preuve de courtoisie pendant qu'il exploite un Vehicule de location; d) Permet uniquement aux passagers payants d'occuper le Vehicule de location pendant qu'il est exploite a ce titre ou est en service en attente d'appel; e) Sous reserve des dispositifs de regulation de la circulation ou des directives des agents de police ou du client, emploie le chemin le plus court pour se rendre du point de depart au point de destination; f) Affiche son Permis dans le Vehicule de location qu'il exploite a un endroit ou les passagers peuvent facilement le voir et permet a ceux-ci de I'inspecter; g) Permet a toute heure raisonnable a tout membre du Service de police de Saint John ou de la Commission de transport de Saint John d'inspecter le Vehicule de location, son Permis d'Exploitant, le Permis de Proprietaire, le Taximetre utilise pour calculer les tarifs (si applicable), les vignettes affichant les dispositions applicables de ('Annexe « A » et les vignettes d'identification apposees dans le Vehicule de location ou sur celui-ci; `[:�! EiLS2 (h) Subject to requesting and receiving the permission of his passenger, not pick up any other passenger; (i) Not be on duty for more than twelve (12) hours in any twenty-four (24) hour period; (j) Permit any person wishing to hire his Vehicle for Hire to inspect his Operator's License and the Owner's License; (k) In the case of a Taxicab, not refuse to transport a person for hire while he is on duty unless: (i) He is previously engaged; (ii) He is of the opinion that the person may cause him personal injury or may cause damage to his vehicle; or (iii) The person wishing to hire the Taxicab is not able to satisfy the Operator that the fare will be paid; h) S'abstient de prendre un autre passager a moins d'avoir prealablement demande et obtenu I'autorisation de son passager; i) Ne peut titre en service pendant plus de douze (12) heures au cours d'une periode de vingt-quatre (24) heures; j) Permet a toute personne qui desire retenir les services de son Vehicule de location d'inspecter son Permis d'Exploitant ainsi que le Permis de Proprietaire; k) Dans le cas d'un Taxi s'abstient de refuser de transporter une personne contre remuneration pendant qu'il est en service, a moins que : (1) Not stop, stand or park his Taxicab or 1) Limousine on a public street (other than at a Taxicab Standby in the case of a Taxicab) unless he is picking up or dropping off a passenger and, if applicable, his luggage; (m) In the case of a Taxicab, at all times during which a Taxicab is available for hire, except for when a Taxicab is occupied by a passenger or passengers for which a contract rate or hourly rate fare is being paid pursuant to the terms of this By-law, the roof light shall be on which shall signify its availability for hire; i) Ses services ne soient deja retenus; ii) II estime que la personne pourrait lui causer des blessures ou endommager son vehicule; ou iii) La personne qui desire retenir ses services ne soit pas en mesure de le convaincre que le prix de la course sera paye; S'abstient d'arreter, d'immobiliser ou de stationner son Taxi ou sa Limousine sur une rue publique (autre qu'un Poste de Taxis dans le cas d'un Taxi), sauf pour faire monter ou descendre un passager et charger ou decharger ses bagages, le cas echeant; m) Dans le cas d'un Taxi, en tout temps lorsque le Taxi est disponible pour le transport de passagers, sauf lorsqu'un taxi est occupe par un ou des passagers pour lequel ou lesquels le prix d'une course determine par tarif contractuel ou par tarif horaire est paye en vertu des modalites du present Arrete, 1'enseigne lumineuse sur le toit est allumee, ce qui indique qu'il est disponible pour le transport des passagers; `M WINE (n) Comply with notices that are issued to him by the Inspector with respect to violations of this By-law; (o) While on duty, be neat and clean in appearance and wear a shirt with a collar, long dress pants, dress shorts or skirt, and shoes and socks; (p) In all circumstances in which a Taxicab Meter must be used to calculate a fare pursuant to the provisions of this By-law, the Taxicab Meter shall not be started until all passengers are inside the Taxicab and all doors of the Taxicab are closed and shall be stopped immediately upon the Taxicab having come to a complete stop at the destination of the passenger or passengers; (q) Shall, in no circumstances in which a Taxicab Meter must be used to calculate a fare pursuant to the provisions of this By- law, charge a passenger or passengers a fare that is either higher or lower than the fare which has been calculated using the Taxicab Meter; (r) Shall, in no circumstances, tamper or otherwise interfere with the Inspector's calibration of a Taxicab Meter or break, damage or otherwise interfere with the seal affixed to the Taxicab Meter by the Inspector at the time of inspection or calibration. Any broken or damaged seal on a Taxicab Meter shall be prima facie evidence regarding whether the Taxicab Meter has been tampered or otherwise interfered with. Notwithstanding the foregoing, in any circumstance where the seal affixed to the Taxicab Meter by the Inspector at the time of inspection or calibration becomes damaged or broken by accident or inadvertence on the part of a driver or passenger or as a consequence of wear and tear over time, which seal should be examined daily by the Operator, the Operator is under a positive obligation to immediately notify the Inspector so that a follow-up inspection is performed and, if n) Se conforme aux avis que lui remet I'Inspecteur relativement a des infractions au present Arret(§; o) Pendant qu'il travaille, conserve une apparence propre et soignee et porte une chemise, des pantalons propres, des shorts habilles ou une jupe, et des souliers et des bas; p) Dans toutes les circonstances ou un Taximetre doit titre utilise pour calculer le prix d'une course en vertu des dispositions du present Arrete, le Taximetre n'est pas d(§marr(§ avant que tous les passagers soient a I'int(§rieur du Taxi et que toutes les portes du Taxi soient ferm(§es et est imm(§diatement arret(§ lorsque le Taxi est immobilise une fois que le ou les passagers sont arrives a destination; q) En aucun cas, lorsqu'un Taximetre doit titre utilise pour calculer le prix d'une course en vertu des dispositions du present Arrete, n'impose au passager ou aux passagers un prix qui est sup(§rieur ou inf(§rieur au prix qui a (§t(§ calcul(§ par le Taximetre; r) En aucun cas, n'alt(§re ou autrement ne porte atteinte au calibrage d'un Taximetre effectu(§ par I'Inspecteur , ou ne brise ou n'endommage ou autrement ne porte atteinte au sceau appose au Taximetre par I'Inspecteur lors de ('inspection ou du calibrage. Tout sceau bris(§ ou endommag(§ constitue une preuve prima facie que le Taximetre a (§t(§ alt(§r(§ ou qu'on y a port(§ atteinte. Nonobstant ce qui pr(§cede, quelles que soient les circonstances ou le sceau appos(§ au Taximetre par I'Inspecteur, au moment de ('inspection ou du calibrage, devient endommag(§ ou bris(§ par accident ou par inadvertance de la part d'un conducteur ou d'un passager ou en cons(§quence de I'usure normale, ledit sceau qui devrait titre examin(§ quotidiennement par I'Exploitant, I'Exploitant est dans ('obligation positive d'aviser imm(§diatement I'Inspecteur afin qu'une inspection de suivi puisse titre WAE necessary, a recalibration of the Taxicab Meter is carried out by the Inspector in order to protect the integrity of the Taxicab Meter and passengers. Conditions of Use of Motor Vehicle as a Vehicle for Hire 10(1) No person shall permit a motor vehicle owned by him to be used as a Vehicle for Hire within the City unless: effectuee et, si necessaire, un nouveau calibrage du Taximetre soit effectue par I'Inspecteur afin de proteger l'integrite du Taximetre et des passagers. Modalites d'utilisation d'un vehicule a moteur comme Vehicule de location 10(1) II est interdit au Proprietaire d'un vehicule a moteur de permettre que son vehicule soit utilise comme Vehicule de location a l'interieur de la Municipalite a moins que les conditions suivantes ne soient reunies : (a) He has a valid Owner's License for the a) Vehicle for Hire and the License is displayed in the Vehicle for Hire in a position where it can be easily seen and inspected by a passenger; (b) The Operator is in possession of a valid b) Operator's License and a current valid driver's license under the Motor Vehicle Act which permits him to drive the type of Vehicle for Hire in question; (c) The Vehicle for Hire bears a validly issued and registered « H plate » license plate or L plate » license plate, as applicable, issued under the Motor Vehicle Act; (d) In the case of a Taxicab, a registered, calibrated and sealed Taxicab Meter, which has been installed by the Owner and programmed and calibrated in accordance with Schedule "A" to this By-law, which has been inspected by the Inspector; (e) Schedule "A" to this By-law, which shall be subject to review on an annual basis by the Board of Commissioners of the Saint John Transit Commission, is securely affixed to the rear driver's side window of the Vehicle for Hire so that it can be easily seen and read by persons entering the Vehicle for Hire; II est titulaire d'un Permis de Proprietaire valide a 1'egard du Vehicule de location et ce Permis est affiche a l'interieur du Vehicule de location a un endroit ou it peut facilement titre vu et inspecte par les passagers; L'Exploitant est titulaire d'un Permis d'Exploitant valide et d'un permis de conduire valide et en vigueur delivre sous le regime de la Loi sur les vehicules a moteur qui lui confere le droit de conduire le type de Vehicule de location en question; c) Le Vehicule de location porte une plaque d'immatriculation « H » ou « L », selon le cas, validement enregistree et emise conformement a la Loi sur les vehicules a moteur; d) Dans le cas d'un Taxi, le vehicule est muni d'un Taximetre enregistre, calibre et scelle, qui a ete installe par le Proprietaire, programme et calibre conformement a ('Annexe « A » du present Arrete et inspecte par I'Inspecteur; e) L'Annexe « A » du present Arrete, qui dolt titre soumise a une revision annuelle par le conseil des commissaires de la Commission de transport de Saint John, est solidement collee sur la vitre de la porte arriere du cote du conducteur du Vehicule de location de fagon a ce que les personnes qui entrent dans le Vehicule de location puissent facilement la voir et la lire; `ff- A M�� (f) Identification decals issued by the f) Des vignettes d'identification delivrees par Inspector for that Vehicle for Hire are I'Inspecteur a 1'(§gard du Vehicule de securely affixed to the upper left corner of location sont collees solidement au coin its rear window and to the window of each superieur gauche de la lunette arriere et sur of its front doors; la vitre de chacune des portes avant; (g) Subject to section 15, and in the case of a Taxicab only, a sign is attached to the roof while it is being used as a Taxicab. The sign shall indicate that the motor vehicle is a Taxicab, and shall be illuminated only while the Taxicab is available for hire. The Taxicab Meter shall be connected at all times to the roof sign of the Taxicab in which it is installed in such a way that when the Taxicab Meter is in use, the roof sign shall not be illuminated and when the Taxicab Meter is not in use, the roof sign shall be illuminated. Whether the roof sign is or is not illuminated while a Taxicab is occupied by a passenger or passengers shall be prima facie evidence regarding whether the Taxicab Meter is or is not in use at any particular time. At all times, the illuminated roof sign shall be free of obstructions and maintained in good working order by the Owner, complete with a functioning/operable light', with such requirement taking effect on May 31 st, 2018; (h) In the case of a Taxicab, the motor vehicle has a minimum of four (4) doors and is powered by an engine with a minimum four (4) cylinders or by electricity; g) Sous reserve de I'article 15, et uniquement dans le cas d'un Taxi, une enseigne est fixee sur le toit du vehicule pendant qu'il est utilise comme Taxi. L'enseigne indique que le vehicule a moteur est un Taxi et est illuminee uniquement pendant que le vehicule est disponible a cette fin. Le Taximetre est branche en tout temps a 1'enseigne lumineuse sur le toit du Taxi dans lequel it est place, d'une maniere a ce que lorsque le Taximetre est en service, 1'enseigne lumineuse sur le toit soit eteinte, et lorsqu'il n'est pas en service, 1'enseigne lumineuse sur le toit soit allumee. Que 1'enseigne lumineuse sur le toit soit allumee ou eteinte lorsqu'un ou des passagers se trouvent dans le Taxi constitue une preuve prima facie selon laquelle, a quelque moment que ce soit, le Taximetre est ou n'est pas en service. En tout temps, 1'enseigne lumineuse sur le toit est fibre de toute obstruction et elle est gardee en bon etat de fonctionnement par le Proprietaire, avec une lumiere utilisable qui fonctionne », ladite exigence entrant en vigueur le 31 mai 2018; h) Dans le cas d'un Taxi, le vehicule a moteur est muni d'au moins quatre (4) portes et est alimente par un moteur d'au moins quatre (4) cylindres ou par 1'e1ectricite; (i) In the case of a Taxicab, the motor vehicle, i) by reference to the Vehicle Identification Number (VIN) and any other identifying information, is at the time of licensing under this By-law: (i) in 2018, eight (8) years old or newer; (ii) in 2019, seven (7) years old or newer; Dans le cas d'un Taxi, le vehicule a moteur, en s'y referant par son numero d'identification du vehicule (NIV) et par toute autre information permettant de ('identifier, a au moment o6 le Permis est delivre en vertu du present Arrete : i) en 2018, au plus huit (8) ans; ii) en 2019, au plus sept (7) ans; WAR (iii) in 2020 and all subsequent years, eight (8) years old or newer; Q) In the case of a Taxicab, notwithstanding paragraph (i) above, motor vehicles that have been customized to serve as wheelchair accessible Taxicabs shall, at the time of licensing under this By-law, be twelve (12) years old or newer. 10(2) A fully functioning and calibrated Taxicab Meter programmed in accordance with Schedule "A" shall be installed and in operation in every iii) en 2020, et pour toute annee subsequente, au plus huit (8) ans; j) Dans le cas d'un Taxi, nonobstant I'alinea i) plus haut, Ies vehicules a moteur qui ont ete adaptes pour permettre I'acces aux fauteuils roulants doivent, Tors de l'obtention du Permis en vertu du present Arrete, avoir ete fabriques au cours des douze (12) dernieres annees. 10(2) Un Taximetre pleinement fonctionnel et calibre, programm conformement a ('Annexe « A)), devra titre installe et en fonction dans tous Ies Taxicab in the City. Taxis de la Municipalite. 10(3) Motor vehicles operating under the authority of the Saint John Transit Commission are exempt from subsections 10(1) and 10(2). Owner's License 11(1) An application for an Owner's License shall be submitted to the Inspector at 55 McDonald St, Saint John, NB E2J OC7, on the form developed and provided by the Inspector for such purpose. Owner's Licenses that are issued may be picked up at that location. As is noted under the definition of License herein, more than one type of License may be held under this By-law provided that the applicable fee is paid for each application and all of the criteria applicable to each License has been met, subject to the exception that a vehicle cannot be used as both a Taxicab and a Limousine. 11(2) The Inspector shall issue to the applicant an Owner's License, identification decals and decals showing the applicable provisions of Schedule "A" of this By-law to an applicant for his motor vehicle if the Inspector is satisfied that: (a) The applicant has truthfully completed and submitted the applicable application form to him; (b) The Vehicle for Hire is appropriately and correctly registered for the current year under the Motor Vehicle Act for the 10(3) Les vehicules a moteur exploites sous I'authorite de la Commission de transport de Saint John sont dispenses des paragraphes 10(1) et 10(2). Permis de Proprietaire 11(1) La demande de Permis de Proprietaire est presentee a I'Inspecteur a 55 rue McDonald, Saint John, N-B E2J OC7, au moyen du formulaire congu et fourni par I'Inspecteur a cet effet. Les Permis de Proprietaire delivres peuvent titre ramasses a cet endroit. Comme decrit dans la definition de Permis au present Arrete, plus d'un type de Permis peut titre detenu en vertu du present Arrete, pourvu que Ies droits applicables soient payes pour chaque demande et que toutes Ies conditions associees a chaque Permis soient remplies, sous reserve de 1'exception qu'un vehicule ne puisse pas titre utilise comme Taxi et Limousine. 11(2) L'Inspecteur delivre a la personne qui le demande, pour son vehicule a moteur, un Permis de Proprietaire, des vignettes d'identification et des vignettes affichant Ies dispositions applicables de ('Annexe « A » du present Arrete, lorsqu'il est convaincu de ce qui suit : a) Elle a veridiquement rempli le formulaire de demande applicable et le lui a remis; b) Le Vehicule de location est adequatement et convenablement immatricule pour I'annee en cours sous le regime de la Loi `Me] Wz: applicable use, and displays the appropriate registration as well as a motor vehicle Certificate of Inspection that was issued not more than thirty (30) days before the date on the application; (c) The applicant has property damage and public liability insurance coverage on the Vehicle for Hire in the name of the registered owner of that motor vehicle in the amount of at least $1,000,000.00 from an insurance company that is licensed to carry on business in New Brunswick or, in the case of a Limousine or a Sightseeing Vehicle, the minimum amount of insurance coverage that is required under legislation or regulation of the Province of New Brunswick, as amended from time to time; (d) The certificate of insurance evidencing the insurance coverage stipulated pursuant to paragraph (c) above shall also state that the insurer shall advise the Inspector in writing of any changes to, or cancellation of, the insurance coverage not less than thirty (30) days before such changes or cancellation are to take effect; (e) Neither the applicant nor an officer or a director of an applicant is disqualified from holding a License under this By-law; (f) The fee in the amount of one hundred and fifty dollars ($150.00) has been paid per Vehicle for Hire; (g) Neither the applicant nor an officer or a director of the applicant is less than nineteen (19) years of age. sur les vehicules a moteur en vue de son utilisation prevue et affiche les preuves d'immatriculation pertinentes ainsi qu'un Certificat d'inspection qui a ete delivre trente (30) jours au plus avant la date de la demande; c) Elle a obtenu, d'un assureur titulaire d'une licence delivree par la province du Nouveau -Brunswick, au nom du Proprietaire du vehicule a moteur, une assurance contre les dommages materiels et la responsabilite civile a raison d'une somme minimale de 1 000 000 $ a I'egard du Vehicule de location ou, dans le cas d'une Limousine ou d'un Vehicule de tourisme, le montant minimal de couverture d'assurance requis en vertu des lois et reglements de la province du Nouveau - Brunswick, tels que modifies de temps a autre; d) Le certificat d'assurance qui prouve la couverture d'assurance conformement a I'alinea c) plus haut doit aussi indiquer que I'assureur doit informer, par ecrit, I'Inspecteur, de tout changement ou de I'annulation de la couverture d'assurance, au moins trente (30) jours avant que les changements ou I'annulation entrent en vigueur. e) Ni elle, ni un dirigeant ou administrateur de son entreprise n'est inadmissible a detenir un Permis en vertu du present Arrete; f) Le droit de cent cinquante dollars (150 $) a ete acquitte par Vehicule de location; g) Ni elle, ni un dirigeant ou administrateur de son entreprise ne sont ages de moins de dix-neuf (19) ans. 11(3) If a Vehicle for Hire is taken out of service 11(3) Si un Vehicule de location est mis hors voluntarily or by order of the Inspector, all service, volontairement ou a la demande de applicable processes and fees contemplated I'Inspecteur, tous les processus et droits under this By-law shall apply. applicables vises par le present Arrete, s'appliqueront. `reel W�� Obligations of Owner's License Holder 12(1) The holder of an Owner's License shall (a) Promptly notify the Inspector, in writing, as to: (i) The name and address of any person who will be operating the Vehicle for Hire; (ii) The name and address of any Operator who has left his employment during the previous five (5) business days; (iii) The particulars of any registration plate which has been issued by the Province of New Brunswick for the Vehicle for Hire; (iv) The sale of a motor vehicle which has been used as a Vehicle for Hire; (b) Ensure that the Vehicle for Hire is free of exterior body damage, and, subject to weather conditions, is in a clean condition both inside and outside, is, at all times, in safe working order, which shall include but not be limited to tires with a tread depth not less than that stipulated under the Motor Vehicle Act or its corresponding Regulations; (c) In the case of a Taxicab, ensure that the Taxicab is eight (8) years old or newer having regard to paragraph 10(1)(i) hereof; Obligations du titulaire d'un Permis de Proprietaire 12(1) Le titulaire d'un Permis de Proprietaire : a) Remet sans delai a I'Inspecteur un avis ecrit indiquant : i) Le nom et I'adresse de toute personne qui exploiters le Vehicule de location; ii) Le nom et I'adresse de tout Exploitant qui a quitte son emploi au cours des cinq (5) jours ouvrables precedents; iii) Les details de toute plaque d'immatriculation delivree par la province du Nouveau -Brunswick a 1'egard du Vehicule de location; iv) La vente d'un vehicule a moteur qui a ete utilise comme Vehicule de location; b) Veille a ce que la carrosserie ne soit pas endommagee et a ce que le Vehicule de location soit propre tant a l'interieur qu'a 1'ext(§rieur, sous reserve des conditions meteorologiques, est, en tout temps, en bon etat de fonctionnement, ce qui inclut sans s'y limiter les pneus dont la profondeur de la rainure n'est pas inferieure aux specifications prevues dans la Loi sur les vehicules a moteur ou ses reglements correspondants; c) Dans le cas d'un Taxi, veille a ce que le Taxi ait aux plus huit (8) ans, eu egard a I'alinea 10(1)i); (d) Provide the Inspector with a copy of each d) Remet a I'Inspecteur une copie de chaque Certificate of Inspection issued for a Certificat d'inspection delivre a 1'egard d'un Vehicle for Hire within ten (10) days of Vehicule de location dans les dix (10) jours receiving it; suivant sa reception; (e) Not permit an Operator to operate a Vehicle for Hire or Vehicles for Hire on his behalf for more than twelve (12) hours in any twenty-four (24) hour period; e) Ne permet pas a un Exploitant d'exploiter un ou des Vehicules de location pour son compte pendant plus de douze (12) heures 171 WI. (f) Maintain the required insurance coverage specified in section 11 hereof until the owner ceases using the motor vehicle as a Vehicle for Hire; (g) Allow any member of the Saint John Police Force or the Saint John Transit Commission to inspect his Vehicle for Hire at any reasonable time; (h) Comply with notices issued to him by any member of the Saint John Police Force or by the Inspector with respect to a violation of this By-law. 12(2) The fee for an Owner's License is one hundred and fifty dollars ($150.00) for each Vehicle for Hire operated by the Owner. The fee may be prorated at the discretion of the Inspector. 12(3) Following the enactment of this By-law, and unless indicated otherwise by the Inspector, each Owner's License issued under this By-law shall expire one (1) year from the date the Owner's License was issued provided that at all times the Vehicle for Hire in question has a valid/unexpired motor vehicle registration under the Motor Vehicle Act. 12(4) An Owner whose Owner's License has been lost or accidentally destroyed shall, if he wishes to continue using the vehicle as a Vehicle for Hire, obtain a replacement from the Inspector upon the payment of a fifteen -dollar ($15.00) fee. 12(5) An Owner's License may, upon the payment of a fifteen -dollar ($15.00) fee to the Inspector, be transferred to a person who is not disqualified from holding a License under this By-law and has been approved for an Owner's License by the Inspector. au cours d'une periode de vingt-quatre (24) heures; f) Maintient I'assurance exigee, prevue a I'article 11, jusqu'a ce qu'il cesse d'utiliser le vehicule a moteur comme Vehicule de location; g) Permet a tout membre du Service de police de Saint John ou de la Commission de transport de Saint John d'inspecter son Vehicule de location a toute heure raisonnable; h) Se conforme aux avis que lui remet un membre du Service de police de Saint John ou I'Inspecteur relativement a une infraction au present Arrete. 12(2) Le droit afferent au Permis de Proprietaire est de cent cinquante dollars (150 $) pour chaque Vehicule de location exploits par le Proprietaire. Le droit peut titre calcule au prorata comme I'indique I'Inspecteur. 12(3) Aprss la promulgation du present Arrete, et a moins d'indication contraire de I'Inspecteur, chaque Permis de Proprietaire, delivre en vertu du present Arrete, expire un (1) an suivant la date de delivrance du Permis de Proprietaire pourvu que ledit Vehicule de location soit, en tout temps, pourvu d'une immatriculation pour vehicule a moteur qui est valide et qui n'est pas expiree, conformement a la Loi sur les vehicules a moteur. 12(4) Le Proprietaire dont le Permis de Proprietaire a ete perdu ou detruit accidentellement et qui desire continuer a utiliser le vehicule comme Vehicule de location obtient un nouveau Permis de I'Inspecteur sur paiement des frais de quinze dollars (15 $). 12(5) Sur paiement des frais de quinze dollars (15 $) a I'Inspecteur, le Permis de Proprietaire peut titre transfers a une personne qui n'est pas inadmissible a dstenir un Permis en vertu du present Arrete et qui a obtenu I'autorisation de I'Inspecteur a dstenir un Permis de Proprietaire Refusal to Issue, Suspension and Revocation Refus de dslivrer un Permis et suspension et of License revocation des Permis MA 13 The Inspector, after having given the person an opportunity to appear before him to refute the information that the Inspector has before him, shall: (a) Refuse to issue a License to a person who is disqualified from obtaining or holding a License under this By-law; (b) Suspend the License of a person who refuses or fails to comply with a notice issued by any member of the Saint John Police Force or the Inspector to comply with this By-law. The suspensions shall be three (3) consecutive business days upon a first refusal or failure, five (5) consecutive business days for a second refusal or failure, and seven (7) consecutive business days for a third or subsequent refusal or failure. For the purposes of this By-law a business day is any day other than a Saturday or a Sunday or one of the holidays set out in the New Brunswick Days of Rest Act, S.N.B. 1985, c. D-4.2; (c) Cancel the License of any person who is or becomes disqualified from obtaining or holding a License under this By-law by virtue of any reason identified in section 5 hereof; (d) Upon the refusal, suspension or cancellation of a License provide the person with a written notice which sets out the reasons for the decision. Judicial Review 14 A person who has had his application for a License refused by the Inspector or has had his License suspended, cancelled or revoked by the Inspector, may apply to the Court of Queen's Bench of New Brunswick for Judicial Review of the written notice identified in paragraph 13(d) hereof within ninety (90) days of the service or deemed service of the Inspector's written notice upon him. 13 Apres avoir donne a la personne la possibilite de comparaitre devant lui afin de refuter les renseignements dont it est saisi, I'Inspecteur : a) Refuse de delivrer un Permis a une personne qui est inadmissible a obtenir ou a detenir un Permis en vertu du present Arrete; b) Suspend le Permis d'une personne qui refuse ou omet de se conformer a I'avis que lui a remis un membre du Service de police de Saint John ou I'Inspecteur relativement a une infraction au present Arrete. La duree d'une suspension est de trois (3) jours ouvrables consecutifs en cas de premier refus ou omission, de cinq (5) jours ouvrables consecutifs en cas de deuxieme refus ou omission, et de sept (7) jours ouvrables consecutifs en cas de refus ou d'omission subsequents. Aux fins du present Arrete, un jour ouvrable s'entend de toute journee autre qu'un samedi, un dimanche ou un jour ferie mentionne dans la Loi sur les jours de repos, L.N.-B. 1985, ch. D-4.2 du Nouveau -Brunswick; c) Annule le Permis de toute personne qui est ou devient inadmissible a obtenir ou a detenir un Permis en vertu du present Arrete pour toute raison mentionnee a I'article 5; d) En cas de refus, de suspension ou d'annulation d'un Permis, remet a la personne visee un avis ecrit enongant les motifs de la decision. Appel 14 La personne dont la demande de Permis a ete refusee par I'Inspecteur, ou dont le Permis a ete suspendu, annule ou revoque par ce dernier, peut interjeter appel de I'avis ecrit mentionne a I'alin(§a 13d), a la Cour du Banc de la Reine du Nouveau -Brunswick, dans les quatre-vingt-dix (90) jours suivant la signification reelle ou reputee de I'avis de I'Inspecteur. `rK3 WWE Taxicab Standbys 15(1) Any Operator whose Taxicab is available for hire on the basis that the fare will be paid at the end of the trip may take a position in a Taxicab Standby when there is a vacancy. 15(2) An Operator entering a Taxicab Standby shall take the position at the rear of the last Taxicab in the Taxicab Standby. 15(3) Only the Taxicab that is in the front position at a Taxicab Standby shall accept passengers. Postes de Taxis 15(1) L'Exploitant dont les services sont offerts contre remuneration a la fin de la course peut occuper un emplacement inoccupe dans un Poste de Taxis 15(2) L'Exploitant qui entre dans un Poste de Taxis prend 1'emplacement a I'arriere du dernier Taxi dans le poste. 15(3) Seul le Taxi qui se trouve dans 1'emplacement a I'avant du Poste de Taxis accepte des passagers. 15(4) A Taxicab shall leave a Taxicab Standby as 15(4) Le Taxi quitte le Poste de Taxis des qu'il a soon as it has accepted a passenger. accepte un passager. 15(5) All Taxicabs in a Taxicab Standby shall move ahead when a Taxicab that is in front leaves. 15(6) No Owner or Operator of a Taxicab shall use a Taxicab Standby as a feeder for a stand that is located on private property. 15(7) No Operator of a Taxicab in a Taxicab Standby shall leave his Taxicab unattended in a Taxicab Standby or hinder or attempt to hinder another Taxicab from leaving a Taxicab Standby. Offences 16(1) A person who violates a provision of this By-law commits an offence and is liable upon conviction to a fine of not less than one hundred and forty dollars ($140.00) and not more than two thousand one hundred dollars ($2,100.00). 16(2) Any member of the Saint John Police Force, any member of the Saint John Police Commission, the Inspector and the Common Clerk are designated and authorized to lay Information in the Provincial Court with respect to violations of this By-law. 16(3) A person who has committed a violation of a provision of this By-law may, not later than seventy-two (72) hours prior to the time set for a 15(5) Les Taxis qui se trouvent dans un Poste de Taxis avancent des que le Taxi qui est en avant quitte le poste. 15(6) II est interdit au Proprietaire ou a I'Exploitant d'un Taxi d'utiliser un Poste de Taxis comme point d'alimentation pour un poste situe sur une propriete privee. 15(7) Aucun Exploitant de Taxi se trouvant dans un Poste de Taxis ne laisse son vehicule sans surveillance ni n'empeche ou ne tente d'empecher un autre Taxi de quitter le poste. Infractions 16(1) Quiconque contrevient au present Arrete est coupable d'une infraction et passible, sur declaration de culpabilite, d'une amende d'au moins cent quarante dollars (140 $) et d'au plus deux mille cent dollars (2 100 $). 16(2) Un membre du Service de police de Saint John, un membre de la Commission de police de Saint John, I'Inspecteur et le greffier communal sont Ies personnes designees pour deposer des denonciations devant la Cour provinciale a I'egard des infractions au present Arrete et sont autorises a le faire. 16(3) Toute personne ayant contrevenu au present Arrete peut, au plus tard soixante-douze (72) heures avant la date fixee pour I'audience du ` FM W-40-2 court hearing, pay the Cashiers Office in City Hall the minimum administrative penalty prescribed herein and upon such payment he is not to be prosecuted or further prosecuted for that offence. The Saint John Transit Commission and the Annual Review of Schedule "A" 17(1) The Saint John Transit Commission shall be responsible for the day to day administration of this By-law and the Inspector and Assistant Inspector(s) shall be employees of the Saint John Transit Commission or the City. 17(2) Each calendar year during the month of October, the Saint John Transit Commission shall issue a public notice to commence the annual review process respecting the rates prescribed for Taxicabs and Limousines in Schedule "A" to this By-law. Such notice shall state its purpose and provide to any interested party an open period of thirty (30) days within which such interested parties may provide written submissions respecting whether Schedule "A" should remain unchanged or be amended and, if the latter, identify what amendments would be in order together with a supporting rationale. 17(3) After the closing of the notice period prescribed in subsection 17(2) above, the person responsible for the operation of the transit service shall compile and provide to the Board of Commissioners of the Saint John Transit Commission all written submissions received together with any associated recommendations for amendments to Schedule "A" and the Board of Commissioners of the Saint John Transit Commission shall subsequently call a meeting, either scheduled or special, providing seven (7) clear days public notice thereof, at which time interested parties will be permitted to make oral submissions respecting the recommendations of the person responsible for the operation of the transit service. 17(4) Upon the conclusion of the process prescribed in subsection 17(3) above, the Board of Commissioners of the Saint John Transit tribunal, payer au bureau du caissier de I'Hotel de ville, I'amende administrative minimale prescrite au present Arrete et, des ce paiement, elle ne peut faire l'objet d'autres poursuites a 1'egard de cette infraction. La Commission de transport de Saint John et la revision annuelle de I'Annexe a A » 17(1) La Commission de transport de Saint John est responsable de I'administration quotidienne de cet Arrete et Hnspecteur et Hnspecteur adjoint ou les Inspecteurs adjoints sont des employes de la Commission de transport de Saint John ou la Municipalite. 17(2) Au cours du mois d'octobre de chaque annee, la Commission de transport de Saint John emet un avis public pour debuter le processus de revision annuelle concernant les taux prescrits pour les Taxis et les Limousines dans ('Annexe o A » du present Arrete. Cet avis enonce son objectif et offre a toute partie interessee une periode ouverte de trente (30) jours a l'interieur de laquelle lesdites parties interessees peuvent deposer des representations ecrites indiquant si ('Annexe «A » devrait demeurer inchangee ou titre modifiee et, dans ce dernier cas, preciser les modifications qui devraient y titre apportees avec justification a I'appui. 17(3) Apres la fin de la periode d'avis prescrite au paragraphe 17(2) ci-haut, la personne responsable de 1'exploitation du service de transport rassemble toutes les representations ecrites regues ainsi que toutes les recommandations relatives a des modifications a apporter a ('Annexe « A » et les fait parvenir au conseil des commissaires de la Commission de transport de Saint John qui, par la suite, convoquera une reunion ordinaire ou extraordinaire, en donnant un avis public de sept (7) jours francs, au cours desquels les parties interessees pourront faire des representations orales concernant les recommandations de la personne responsable de 1'exploitation du service de transport. 17(4) A la fin du processus prescrit au paragraphe 17(3) ci-haut, le conseil des commissaires de la Commission de transport de ` FAM Milli Commission shall discuss the recommendations and any submissions, written or oral, from any interested parties and shall, by resolution of a date not later than December 15th of that calendar year, make a recommendation to Common Council respecting whether any amendments to Schedule "A" are in order and, if so, what those amendments should be and why. 17(5) Upon providing the recommendation contemplated in subsection 17(4) above to the City's Common Clerk, the Common Clerk shall submit the recommendation of the Board of Commissioners of the Saint John Transit Commission to the City's Common Council for its consideration at a subsequently scheduled Open Session meeting of Common Council. At the time of considering the recommendation of the Board of Commissioners of the Saint John Transit Commission, Common Council shall not, unless it decides otherwise by majority vote, hear oral submissions from any interested party and shall make a decision by resolution respecting the recommendation of the Board of Commissioners of the Saint John Transit Commission. 17(6) For the purpose of greater clarity, the "public notice" referred to in this section shall consist of the placement of an advertisement on both the Saint John Transit Commission and the City's websites. Repeal 18 A By-law of The City of Saint John enacted on the 30th day of July, 2018, entitled "By-law Number M-12, A By-law Respecting the Regulation and Licensing of Owners and Operators of Vehicles for Hire in the City of Saint John" and all amendments thereto are repealed. Saint John discutera des recommandations et des representations, orales ou ecrites, de toute partie interessee, et par resolution au plus tard le 15 decembre de cette meme annee, fera une recommandation au Conseil communal indiquant si les modifications meritent d'etre apportees a ('Annexe « A » et, le cas echeant, quelles sont ces modifications et une justification a I'appui. 17(5) Apres avoir fourni au greffier communal de la Municipalite la recommandation prevue au paragraphe 17(4) ci-haut, le greffier communal soumet la recommandation du conseil des commissaires de la Commission de transport de Saint John au Conseil communal de la Municipalite pour examen lors d'une seance ouverte ordinaire ulterieure du Conseil communal. Lors de 1'examen de la recommandation du conseil des commissaires de la Commission de transport de Saint John, a moins qu'il ne le decide autrement par la majorite des votes, le Conseil communal n'entend pas de presentations orates des parties interessees et prend une decision par resolution sur la recommandation du conseil des commissaires de la Commission de transport de Saint John. 17(6) Pour plus de precision, N< avis public » mentionne dans cet article consiste en la publication d'une annonce sur le site Web de la Commission de transport de Saint John et sur le site Web de la Municipalite. Abrogation 18 L'Arrete de la Municipalite de Saint John edicte le 30 juillet, 2018 et intitule << Arrete numero M-12, Arrete portant reglementation des activites des proprietaires et exploitants de vehicules de location et de Foctroi de permis aux proprietaires et exploitants de vehicules de location dans The City of Saint John », ensemble ses modifications, sont abroges. MIE 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 , 2022 and signed by: EN FOI DE QUOI la Municipalite de Saint John a fait apposer son sceau municipal sur le present Arrete le 2022, avec les signatures suivantes : Mayor/Maire Common Clerk/Greffier communal First Reading - June 13, 2022 Premiere lecture - le 13 juin 2022 Second Reading - June 13, 2022 Deuxieme lecture - le 13 juin 2022 Third Reading - Troisieme lecture - ` FAM WYA Schedule "A" Calculation of Metered Rates and Provisions Applicable to Limousines Provisions Applicable to Taxicabs There shall be a Centrodyne brand Taxicab Meter installed in every Taxicab in the City that shall be calibrated and used to calculate Metered Rates in accordance with the parameters prescribed in this Schedule to the By-law. Initial Fee: Five dollars ($5.00) for the first sixty-seven (67) meters of travel. (67 meters = 1/24 mile) Distance Rate: Eleven and five-hundreths of one cent ($0.1105) for every sixty-seven (67) meters of travel following the initial fee (this amounts to one dollar and sixty-five cents ($1.65) per kilometre of travel). Waiting Rate: Thirteen and three -tenths of one cent ($0.133) for the passage of every ten (10) second period that elapses when the speed of the Taxicab falls below twenty (20) kilometres per hour. Additional Passenger: One dollar ($1.00) per person aged six (6) years and over. Hourly Rate: An hourly rate of fifty dollars ($50.00) (Taxicab Meter off) may be charged by arrangement between the Owner/Operator and passenger(s). Under this By-law, an hourly rate can only be charged by arrangement for periods of travel of one (1) hour or longer in duration. Rates for periods of travel of less than one (1) hour in duration shall be calculated by Taxicab Meter unless the contract rate provision of this By-law applies. Contract Rate: By prior written contractual arrangement between the Owner and any business or corporation, provided that: (1) the existence of a written contractual arrangement between the Owner and any business or corporation seeking to have the benefit of a contract rate is first evidenced by the filing of a completed "Contract Rate Form" with the Inspector on an annual basis, which appears as Schedule "B" to this By-law, and (2) each contract rate fare only involves the use of a paper chit as payment (there shall be no exchange of cash or any other in -car payment method, such as credit card or debit card, used to pay a contract rate fare), with the Owner subsequently direct billing the recipient of a contract rate at regular intervals and on a global basis for all paper chits collected as payment for fares for a particular period (for example, if a car dealership has a contract rate with an Owner to provide transportation to its customers, as evidenced by the filing of Schedule "B", paper chits will be issued and used as in -car payment and the car dealership will later be billed by the `rE:3 WN11 Owner at regular intervals for all contract rate fares that were paid using a paper chit for a particular period). The paper chit shall identify the name of the party with whom the contract rate exists respecting each contract rate fare as well as the corresponding contract rate number that has been assigned by the Inspector. Any fares not paid by a contract rate pursuant to the terms of this By-law shall be calculated in accordance with the other provisions of Schedule "A" using a Taxicab Meter in every instance with the exception of the hourly rate provision. Any contract rate fare that does not comply with the strict terms of Schedule "A" shall constitute a violation of this By -Law on the part of the Owner. Note: No additional fees or charges may be levied for baggage handling or for after hours/holiday service. Provisions Applicable to Limousines In all circumstances save and except for the exceptions outlined below, a Limousine shall not be permitted to transport any person(s) as a Vehicle for Hire unless: (a) (1) a minimum fee of fifty dollars ($50.00) is charged for services of thirty (30) minutes or less in duration, or (2) a fee of one hundred dollars ($100.00) is charged for services of thirty-one (31) to sixty (60) minutes in duration. In the event the duration of the service exceeds sixty (60) minutes in duration, a fee of fifty dollars ($50.00) shall be charged for every additional thirty (30) minute segment or part thereof beyond the original sixty (60) minutes. WME Annexe c A)) Tarifs calcules a I'aide d'un Taximetre et dispositions applicables aux Limousines Dispositions applicables aux taxis Un Taximetre de marque Centrodyne, calibre et utilise pour calculer les tarifs conformement aux parametres etablis dans la presente Annexe de I'Arrete, sera installe dans chaque Taxi operant dans la Municipalite. Tarif de depart : Cinq dollars (5 $) pour les premiers soixante-sept (67) metres du trajet. (67 metres = 1/24 mile) Tarif selon la distance Onze et cinq centiemes de cent (0,1105 $) pour chaque parcourue : soixante-sept (67) metres du trajet parcourus suivant le tarif de depart (ceci equivaut a un dollar et soixante-cinq cents (1,65 $) par kilometre parcouru). Tarif lors de I'attente : Treize et trois dixiemes de cent (0,133 $) pour chaque periode de dix (10) secondes ecoulee lorsque la vitesse du Taxi est reduite en dega de vingt (20) kilometres a I'heure. Passager additionnel : Un dollar (1 $) par passager age de six (6) ans et plus. Taux horaire : Un taux horaire de cinquante dollars (50 $) (Taximetre eteint) peut titre facture par entente entre le Proprietaire et/ou I'Exploitant et le ou les passagers. En vertu du present Arrete, un taux horaire peut titre seulement facture par entente pour des voyages d'une duree d'une (1) heure ou plus. Les taux pour des voyages d'une duree inferieure a une (1) heure sont calcules par Taximetre sauf si la disposition relative au tarif contractuel s'applique. Tarif contractuel : Par une entente contractuelle prealable par ecrit entre le Proprietaire et toute entreprise ou compagnie, pourvu : 1) qu'il existe une entente contractuelle ecrite entre le Proprietaire et toute entreprise ou compagnie qui cherche a se prevaloir d'un tarif contractuel se traduisant d'abord par le depot annuel d'un formulaire de tarif contractuel » , qui se trouve a ('Annexe B » du present Arrete, aupres de I'Inspecteur et 2) que le prix de la course determine par tarif contractuel implique uniquement ('utilisation d'un coupon en guise de paiement (aucun echange d'argent n'est effectue ou toute autre methode de paiement qui s'effectue dans la voiture, tel le paiement par carte de credit ou la carte de debit, utilisee pour payer le prix d'une course determine par tarif contractuel n'est utilisee), o6 le Proprietaire procedera ulterieurement a la facturation directe du beneficiaire d'un tarif contractuel a intervalles reguliers et, d'une maniere globale, pour tous les coupons regus a titre de paiement pour le prix des courses, ` -1191 MISIO pour une periode donnee (par exemple, si un concessionnaire automobile a negocie un tarif contractuel avec le Proprietaire qui fournit le transport a ses clients, comme le demontre le depot de ('Annexe « B », les coupons seront emis et utilises en guise de paiement dans la voiture et le concessionnaire recevra, a intervalles reguliers, une facture du Proprietaire, pour le prix de toutes les courses determine par tarif contractuel qui ont ete payes avec des coupons pour une periode donnee). Le coupon specifie le nom de la partie qui beneficie d'un tarif contractuel, respectant chaque tarif contractuel pour le prix d'une course, ainsi que le numero de tarif contractuel correspondant qui a ete attribue par 1'Inspecteur. Tout prix d'une course qui n'est pas paye partarif contractuel en vertu des termes du present Arrete est calcule conformement aux autres dispositions de ('Annexe « A », par ('utilisation, dans tous les cas, d'un Taximetre, a 1'exception des dispositions qui regissent le tarif horaire. Tout prix d'une course determine par tarif contractuel qui ne respecte pas les termes stricts de ('Annexe « A » constitue une violation du present Arrete de la part du Proprietaire. Note : Aucun frais additionnel ne doit titre pergu pour la manutention des bagages ou pour le service offert apres les heures regulieres ou lors de conges feries. Dispositions applicables aux Limousines Dans toutes les circonstances, sauf les exceptions decrites ci-dessous, une Limousine ne peut titre utilisee comme Vehicule de location pour le transport de passagers a moins que : a) (1) des frais minimums de cinquante dollars (50 $) sont pergus pour des services d'une duree maximale de trente (30) minutes, ou (2) des frais de cent dollars (100 $) sont pergus pour des services d'une duree de trente-et-une (31) a soixante (60) minutes. Dans le cas de services excedant soixante (60) minutes, des frais de cinquante dollars (50 $) sont pergus pour chaque tranche de trente (30) minutes additionnelles ou toute portion de celle-ci, au-dela des soixante (60) minutes initiales. WIM Schedule "B" Contract Rate Form , a Taxicab Owner duly licensed to operate a Taxicab pursuant to the terms of By-law Number M-12, A By-law Respecting the Regulation and Licensing of Owners and Operators of Vehicles for Hire in the City of Saint John, hereby certifies that a written contract exists between and a business or corporation, under which the former provides to the latter Taxicab services pursuant to a contract rate, as that term is used in the aforementioned By-law. In completing this form, it is also hereby certified that contract rate fares are only paid using paper chits that fully conform to the requirements of the aforementioned By-law and that no other payment mechanism, in -car or otherwise, is to be used for the payment of contract rate fares. Upon the filing of a Contract Rate Form with the Inspector, the Inspector shall assign a corresponding contract rate number, which shall subsequently be recorded on every paper chit that is used as payment for a contract rate fare. Dated this day of Owner Contract Rate Recipient 20 WIN WYA Annexe c B » Formulaire de tarif contractuel , un Proprietaire de Taxi, dument autorise a conduire un Taxi en vertu des termes de I'Arrete numero M-12, Arrete portant reglementation des activites des proprietaires et exploitants de vehicules de location et de Foctroi de permis aux proprietaires et exploitants de vehicules de location dans The City of Saint John, certifie par la presente qu'un contrat ecrit existe entre et une entreprise ou une compagnie, en vertu duquel le premier fournit au second un service de Taxi conformement a un tarif contractuel, tel que ce terme est utilise dans I'Arrete susmentionne. En remplissant ce formulaire, it est aussi certifie par la presente que le prix des courses determine par tarif contractuel est uniquement paye par ('utilisation de coupons qui se conforment pleinement aux exigences de I'Arrete susmentionne et qu'aucun autre mecanisme de paiement, que ce soit dans la voiture ou autrement, n'est utilise pour le paiement du prix des courses determine par tarif contractuel. Apres le depot d'un formulaire de tarif contractuel aupres de I'Inspecteur, I'Inspecteur attribue un numero de tarif contractuel qui sera par la suite inscrit sur chaque coupon utilise en guise de paiement pour le prix d'une course determine par tarif contractuel. Fait ce jour de/d' , 20 Proprietaire Beneficiaire du tarif contractuel Received Date June 21, 2022 Meeting Date June 27, 2022 Open or Closed Open Session Mayor Donna Noade Reardon and Members of Common Council Subject: Gregory Zed Suicide Prevention Presentation Request Background: I would like to have Gregory Zed in to present on suicide prevention and his free two-day program that is being offered to non-profit organizations. Motion: That Common Council approve a presentation from Gregory Zed on suicide prevention at a subsequent meeting. Respectfully Submitted, (Received via email) Paula Radwan Ward 4 Councillor City of Saint John SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 41-1 1 www.saintjohn.ca I C.P 1971 Saint John, N.-B. Canada E2L 4LI `E:1j x h ; r. � 1. Received Date June 23, 2022 Meeting Date June 27, 2022 Open or Closed Open Session Mayor Donna Noade Reardon and Members of Common Council Subject: Adoringly Shire Presentation Background: We have a new safe space for LGBTQ2IA+ youth, adults and allies in Saint John called Adoringly Shire. I would appreciate council giving them 10 minutes at an upcoming Council meeting to introduce their facility and share the programs that they have and the early successes that they have achieved. Motion: That Council refer to the City Clerk to schedule Adoringly Shire to make a presentation to Common Council. Respectfully Submitted, (Received via email) Gary Sullivan Councillor at Large City of Saint John SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 41_1 I www.saintjohn.ca I C.P 1971 Saint John, N.-B. 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Head City Manager Emilie Murphy Jacqueline Hamilton I John Collin RECOMMENDATION Your City Manager recommends Common Council: Authorize a total of $70,000 from the Land for Public Purpose Trust Fund be provided to assist with three separate community projects: $50,000 toward the construction of a Trojan House Community Centre conditional upon both a legal agreement assuring reasonable public access to the facility, and a reimbursement to the City of Saint John of the previously awarded 2022 Community Grant in the amount of $7,000; $10,000 toward the next phase of the Rockwood Park Enduro park, and $10,000 toward a west side community dog park. PREVIOUS RESOLUTION n/a REPORT This is an updated version of a previously submitted staff report on "Project Contributions From LPP Trust Fund" for the June 271/ 2022 Common Council meeting. It was discovered in the past days that Trojans R.F.C. Inc. had already been awarded funding from the City's Community Grant program in 2022, which requires adjustments to the previous 2022 LPP Trust Fund resolution. A Land for Public Purpose (LPP) Trust Fund has been established by the City of Saint John to balance the development of land for habitation with the demand for land for recreational enjoyment of the neighbourhood, community, and the city. The Community Planning Act recognizes this need and requires that a portion of Well -2- land or money -in -lieu of land be contributed to an LPP Trust Fund, to be drawn upon for future and ongoing community projects on public land. The City has recently approved an updated set of 'Policies for the Acceptance of Land for Public Purposes and Use of LPP Funds'. Within this document are guidelines for how funds in the LPP Trust Fund should be used, including: Applications from Community Groups. Forfundsfrom the LPP Fund will be accepted annually dependent on the availability of funds. The maximum eligible funding from the LPP Fund for projects will be based on the following classification: Local Level: A grant of 50% of the cost to a maximum of $5,000.00 for projects that serve specific neighbourhoods or local interest groups. Community Level: A grant of 50% of the cost up to a maximum of $10,000.00 per year available for projects that serve larger community interests and activities. City -Wide Level: A grant of 50% of the cost to a maximum of $50,000.00 per year to support large projects that serve the entire city and surrounding area residences, as well as potential tourist attractions. No more than $50,000.00 from the LPP Fund shall be paid for one site or project. Where additional funds are needed to facilitate development of LPP, it must be a project which serves a community wide interest and, in those circumstances, the maximum available amount shall be $75,000.00. From time -to -time specific projects are identified by City Staff, through public consultation, as a priority. In this instance, an applicant could partner with the City and the 50% fund matching threshold may be reduced. Preference will be given to playgrounds developed at public schools and community centers. No monies from the LPP fund shall be considered if the applicant or project has already received funding though another municipal grant. f► 9191 -3- Preference will be given to projects located on municipal land, followed by provincially or federally owned land, and finally on privately owned land. If the Applicant seeks LPP Funds for a project that is not located on municipal, provincial, or federally owned land, the Applicant shall be responsible to present a plan for the long-term maintenance of public access, use, and enjoyment of the project. The City would have the right to insist on any contractual obligation to protect the long-term interests of the public that it sees fit and the funding will only be granted if that interest can be protected. Projects must provide barrier -free access to a portion of the facility. Staff evaluating applications for LPP Fund retain discretion to ensure the following: Projects are in alignment with any current municipal master plans. Flexibility to address special community needs or new recreational service offerings. LPP funds received from commercial developments should prioritize and consider applications which are geographically close when possible. Location of past LPP approvals, and maximum use for the most residents. Staff would assess that there is interest/need for such new or expanded offerings in the community. Common Council at its sole discretion may choose to provide LPP funding to a project, as it deems appropriate. The Applicant has demonstrated that the remainder of the funding is current held in a bank account, approved as a grant, or that in -kind contributions have been confirmed prior to the City releasing any money from the LPP Fund. For the current review period (May 15t 2021-May 301h, 2022), four (4) requests for LPP funding were received. Staff reviewed each of these requests and provide the following context that guided staff's recommendations to Council (a summary table is found below): WIN -4- 1. $50,000 requested toward the construction of a Trojan House Community Centre. Total cost of the project is $750,000 with funding contributions from private fundraising ($ 243,000) and government grants ($457,000). This facility would provide public programming in the form of rugby programs, summer camp programming, and a recreational facility use for the Crescent Valley community and the adjacent Hazen White St Francis school. The facility will also be available for use by other rugby organizations throughout the City and region. This project is proposed on land privately owned by the Saint John Trojans R.F.C. Inc, and is adjacent to the Hazen White Saint Francis School and volunteer maintained rugby field. Staff recommend the approval of this funding, conditional on a satisfactory agreement between the City of Saint John and Saint John Trojans R.F.C. Inc addressing the public nature of the facility to meet the 'barrier free' requirements of the LPP policy. This agreement will be developed and presented to Council soon. Section VI of the Policies for the Acceptance of Land for Public Purposes and Use of LPP Funds states: "No monies from the LPP fund shall be considered if the applicant or project has already received funding though another municipal grant." In accordance with the policy, Trojans R.F.C. Inc. agree to return the previously awarded $7,000 Saint John Community Grant in exchange for the recommendation of $50,000 from the LPP Trust Fund. While it is a standard practice to check -in with other City of Saint John grant programs prior to the development of a recommendation for Common Council, in this scenario that check -in was not completed, which is why this updated report is needed. Once the issue was identified, staff felt it was most prudent to proceed with conditional approval for the Trojans R.F.C. Inc. application to avoid added delays for all recipients of the 2022 LPP Trust Fund. In addition, staff have also notified the Community Grants Committee that the Trojans R.F.C. Inc. intend to reimburse the City for the $7,000 they received from that granting program. In the spirit of continuous improvement, a new checklist will be created for all grant programs prior to developing a Council recommendation, which will include the necessity to consult with other City of Saint John grant programs. MIYA -5- Staff recommend the approval of this funding, conditional upon the reimbursement of the Community Grant award in the amount of $7,000 from the Trojans R.F.C. Inc. 2. $10,000 requested from Saint John Cycling for trail #3 of the Enduro Park Project at Rockwood Park. This area is designed on the old ski hill at Rockwood Park as faster paced, professionally built downhill biking zone. It is intended to compliment the trail system in Rockwood Park and provide an area to host bike races and provide a quality experience for local and visiting users. Biking provides significant economic, health, and quality of life benefits for all age groups, and Rockwood Park has a reputation throughout the eastern seaboard as a destination for mountain biking. Staff recommend that the $10,000 be granted to this project. Staff considered the progress of this project, Rockwood Park's identification as the City's only regional park in PlaySj, and also the popularity of mountain biking as exemplified in parks bookings for large scale races such as the East Coast Games and the Jeux D'Acadie. This will be the final amount of LPP money given to the Enduro Park, as the project has previously received a total of $65,000 since 2020 3. $10,000 requested for West Side Community Dog Park. The dog park will be included as part of the Peter Murray sports complex and will repurpose existing fenced in tennis area. The community group has a large usership and has identified a need on the west side. Public Works and Transportation department is currently plowing the arena parking lot in the winter months and has agreed there is a capacity for the dog park to use the lot and to have garbage clean up without increasing service costs. The group has a large list of supporters from within the neighbourhood and has organized themselves as an incorporated community non- profit organization with an active board. This property is owned by the province of New Brunswick School Anglophone South School District; however, General Counsel has recommended that an agreement is not required since there is a current and longstanding precedence of shared recreation space with the City of Saint John in that location. Staff recommend that $10,000 be granted to this project. Staff considered the long-term maintenance agreement with the City of Saint John Public W91-13 -6- Works and Transportation department, and the lack of dog parks for the west side community. 4. $1,000 requested from SJ Alpines baseball team to purchase a weighted vinyl coverforthe pitcher's mound at memorial baseball field. This mound would protect the mound and reduce staff maintenance costs due to damage from the rain. The field is used by several baseball teams, as well as some high school baseball leagues. Staff recommend that the $1,000 be denied for this project. Although this is a worthwhile endeavor, taking into consideration the specifications of the facility, (older youth and adult baseball use only), public availability is limited due to the seasonal team's use of the field, and the pay -per use nature of the memorial ball field does not satisfy the 'barrier free' public nature of the LPP fund. The LPP Grant Policy defines 'barrier free' as "general public access and refers to a property that does not charge for admission nor has fencing excluding access for a portion of its operating time". Staff recommend the community group work directly in partnership with the Public Works and Transportation department to fundraise for this improvement. SUMMARY TABLE OF LPP TRUST FUND APPLICATIONS RECEIVED Project Amount Amount Requested Recommended Memorial Baseball Field: Saint John Alpine's Application for a 1 Pitcher's Mound Cover. $ 1,000.00 0 Rockwood Park Enduro Park Project: Saint John Cycling Application For Phase 3 Of Mountain Bike Trail Project On the Old Ski Hill Area 2 of Rockwood Park. $ 10,000.00 $ 10,000.00 West Side Dog Park: Application by the Westside Community Dog Park Association to repurpose Tennis and Basketball courts in the Peter Murray Arena Recreational Area for An Enclosed Dog Park. 3 $ 10,000.00 $ 10,000.00 Trojan House Community Centre: Trojan's Rugby Application For A Clubhouse and Community Centre Adjacent To Trojan's Rugby Field 4 On The Sandy Point Road. $ 50,000.00 $ 50,000.00 Total $ 71,000.00 $ 70,000.00 STRATEGIC ALIGNMENT The projects that staff suggest Common Council support align with the pervious Council's priorities including investment in recreation, support of priority neighbourhoods, and developing partnerships for service delivery. W916.1 -7- SERVICEAND FINANCIAL OUTCOMES The balance as of May 31st, 2022 in the LPP trust fund was $ 250,847.00 Staff recommends a total of $70,000 be allotted to current project applications, as outlined in this report. Approval of the recommendations outlined in this report would leave the LPP Trust Fund with $180,847.00 to be held for future projects. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Input was received from City Staff in Planning, Public Works and Transportation, General Counsel, and Community Services departments. ATTACHMENTS Memorial Baseball Field: Saint John Alpine's Application for a Pitcher's Mound Cover. Rockwood Park Enduro Park Project: Saint John Cycling Application For Phase 3 Of Mountain Bike Trail Project On the Old Ski Hill Area of Rockwood Park. Trojan House Community Centre: Trojan's Rugby Application For A Clubhouse and Community Centre Adjacent To Trojan's Rugby Field On The Sandy Point Road. West Side Dog Park: Application by the Westside Community Dog Park Association to repurpose Tennis and Basketball courts in the Peter Murray Arena Recreational Area for An Enclosed Dog Park. Ph to] F-ImO(f4ceUse Odv --- Grant Application M Date Submitted: SAINT JOHN LAND FOR PUBLIC PURPOSE GRANT APPLICATION FORM Please Note: It is the Applicant's responsibility to understand and comply with all aspects of the guidelines outline in the Policies for the Acceptance of Land For Public Purposes (LPP) and use of LPP Funds document. Failure to understand and comply with the guidelines may result in the denial of a grant. The Policy document is available online, at saintjohn.ca or from City of Saint John Community Services staff. Applications will be reviewed twice a year, in May and November. The deadlines for receipt of the applications are April 30th, and October 31st Required: Name, Location (area or neighbourhood) of Project: Memorial Baseball Field, Dever Road PID# (if known): Contact Information Name of Organization: Saint John AI Ines Baseball team Name of Applicant: Terre Hunter Mailing Address;50 Fenton Dr Saint John E2M 4E7 Daytime Phone #: 6721033 1 Cell Phone #: 6503595 Fax M nla Email Address: Silhunt nb.s m atico.ca FEstimated Project Start Date: I u n e r22 Estimated Project End Date: I u ne '22 Application submissions: LPP Grant Applications may be submitted either electronically, by mail, or in person: Attn: Land for Public Purposed Growth and Community Services Mail: P.O. Box 1971 Saint John, New In person: Ground Floor of City hall Brunswick 15 Market Square E21- 41-1 Accessible through Main Entrance or via elevator on the Pedway Level of the shopper of City hall Email: grants@saintjohn.ca If you have any questions or concerns Community Services can be contacted via customer service a 658-4455 sAIN-r IOHN Grant Categories Applications for project funding will be assessed on whether the project or playground will serve a Local, Community, or City (Regional) population. The classification system will be based on the guidelines and inventory of Park Classification system of the City of Saint John Parks and Recreation Strategic Plan: PlaySJ. OLocal -Level Grant: A grant of 50% of the cost is funded up to a maximum of $5000 for projects that serve specific neighbourhoods or local interest groups. ©Community -Level Grant: A grant of 50% of the cost, funded up to a maximum of $10,000 per year available for projects that serve larger community interests and activities. ORegional -Level Grant: A grant of 50% up to a maximum of $50,000 per year to support large projects which would serve all city and surrounding area residents, as well as potential tourism attractions. Project Funding Contributions In the table below please describe your projected financial and in -kind contributions for the project, only include current phase of the project in this application if applicable. LPP funds shall not exceed more than 50% of the project cost. CATEGORY DESCRIPTION AMOUNT Amount Requested from LPP Grant see note attached 11,000.00 Amount of support from other government grants $ Private grant contributions from field users groups $1049.00 In -kind Volunteer contributions $ TOTAL cost of project [n/a] $ rf 0 it 9.00 Project Cost Estimate In the table below please estimate the financial breakdown of your project, only include the current phase of the project CATEGORY DESCRIPTION AMOUNT Materials and incidental expenses in I mound cover see not $2049.00 Contracted Services $ Labour $ TOTAL cost of project $ 2049.00 Page 2 of 4 i►AK Property Details Will this project be developed at a public school? Yes • No Will this project provide barrier -free access to some of the facility? Yes • No Is this project a new development? • Yes No Is there a lack of recreation facilities in your project area? Yes • No Will this project require any ongoing in -kind support from the City of Saint John? (garbage cans, mowing, inspections, etc.?) Yes • No If yes, please describe. Page 3 of 4 Project Details Cont. Please elaborate on the project, what user groups it will serve, and (if applicable) how it fits into a greater overall plan for the area which can include multiple phases. Please feel free to add additional pages should this space not be adequate. Please also attach any aerial photographs or drawings electronically to your application. General Terms and Conditions All Projects must be completed within 1 year of the approval date. Extensions may be approved upon request. Grants cannot be awarded Retroactively. A different phase of the same project will not necessarily be supported in any succeeding year. Grants are to be used only for the intended purpose. Any recipient who uses the the funds improperly, ceases operation, or knowingly provides false information must promptly repay the grant. No grant (or any part of it) may be transferred or assigned to another party without the prior written consent from the Land for Public Purpose Review. The recipient must Keep and maintain all records, and upon completion of the project, fill out and submit a stand for Public Purpose Reporting form available from community services. The recipient will acknowledge the support of the City of Saint John in all publicity and programs relating to the project either by social media or signage, as appropriate. The City of Saint John is not liable for any damages, injury, and/or loss of revenue as a results of any grant awarded project being undertaken, and makes no commitments to maintain or provide services above and beyond current levels unless agreed upon by the Service Provider (City of Saint John Parks, Sanitation, etc.). PA? i of 4 The Saint John Alpines are pleased to submit this request for funding from the LPP fund. This request is being made on behalf of the following regular users of the facility, namely Port City Pirates (youth) organization, Saint John Angels baseball team, Saint John Mariners baseball team and the Alpines senior and junior teams. There are other , occasional users of the field, notably the local High School baseball league, they have not been asked to contribute, but they will benefit from the project. The project is to purchase a weighted, vinyl cover for the pitcher's mound at Memorial. We have received a quote from Estey's for the product. (attached) It is made locally, and is a heavy PVC product, UV protected (for longer life) with a 10 year warranty. As a reference, this material is used at Canaport on their outdoor facilities, year round. There would be virtually no maintenance cost on this product. The lead time to have this product made is approximately 2 weeks from receipt of order. The user groups have agreed to contribute % of the cost of this item, (approx. $1,000) subject to receiving the LPP grant. The pitcher's mound requires daily maintenance .When it rains.. City crews need to spend considerable time and use expensive materials, to repair/restore/prepare the mound for use. Because the field is in use almost 7 days a week, waiting for the sun to dry things out is not an option. There is considerable amount of clay in the mound, which essentially turns to mush when wet. Restoring this, after a weather event, takes much more than hoping the sun will dry it out in time. The Ph plan would be for the users to cover the mound each day, following the completion of the last game of the day. By doing so, in the event of rain, the mound is "protected", thus saving the City time and materials. By having to spend less time on mound "repairs", staff is freed up to do other maintenance. The benefit to the users is that the mound is kept in better playing condition all season. The mound would remain moist and result in better playing conditions. It can be argued that the payback to the City, by having such a cover in place, could be as little as 2 years, because of reduced labour and material costs. The cover would be weighted by chain sewn into the outer edges, to keep it in place and prevent it from being blown away. Although heavy, it would still be light enough for staff to "peel" away if needed. As users, we are prepared to contribute to the cost of field maintenance. We recognize that the City has stated it is prepared to "partner" with user groups to improve facilities. Assuming this application is successful, we would consider other ideas to enhance this asset, Memorial baseball field, the ONLY adult sized baseball field in the City. We acknowledge that the mound cover becomes the property of the City of Saint John. I have attached an overhead picture of Memorial, and circled the area we are considering covering. Thank yoq, for your consideration r jerre Hunter Alpines Baseball Baseball Mound Cover mailbox:///C:/Users/Owner/App Data/Roaming/Thunderbird/... Subject: Baseball Mound Cover From: Amanda Loeman <Amanda@esteygroup.com> Date: 2022-04-22, 10:30 a.m. To: "silhunt@nb.sympatico.ca" <silhunt@nb.sympatico.ca> Hey Terry. I have a quote ready for you for the 2 options we spoke about. 21' round diameter green PVC cover with chain sewn into pocket for weight - $1775.00 plus tax 21' x 21' square green PVC cover with grommets spaced every 2' - $1650.00 plus tax. Feel free to reach out to me at this email if you have any questions. Thank you and have a great dayl I A vwa,.da La+?. K4,K Production Manager The Estey Group 215 City Rd Saint John, NB E2L 3M9 1-506-634-1288 217 1 oc 1 2022-04-26, 7:35 a.m. Fwd-. [EXT]PHOTO DRONE mailbox:///C:/Users/Owner/AppData/ Roaming/Thunderbird/... External Email: Please use caution when opening links and attachments Courriel externe. 5oyez prudent ovec les liens et documents joints 218 2 of 2 2022-04-21, 8:11 p.m. In -Office Use Only Grant Application #: Date Submitted: SAINT JOHN LAND FOR PUBLIC PURPOSE GRANT APPLICATION FORM Please Note: It is the Applicant's responsibility to understand and comply with all aspects of the guidelines outline in the Policies for the Acceptance of Land For Public Purposes (LPP) and use of LPP Funds document. Failure to understand and comply with the guidelines may result in the denial of a grant. The Policy document is available online, at saintjohn.ca or from City of Saint John Community Services staff. Applications will be reviewed twice a year, in May and November. The deadlines for receipt of the applications are April 30th, and October31st Required: Name, Location (area or neighbourhood) of Project: PID# (if known): Contact Information Name of Organization: Name of Applicant: Mailing Address: Daytime Phone #: Cell Phone #: Fax #: Email Address: Estimated Project Start Date: Estimated Project End Date: Application submissions: LPP Grant Applications may be submitted either electronically, by mail, or in person: Attn: Land for Public Purpose I Growth and Community Services Mail: P.O. Box 1971 Saint John, New In person: Ground Floor of City hall Brunswick 15 Market Square E2L 41_1 Accessible through Main Entrance or via elevator on the Pedway Level of the shoppes of City hall Email: grants@saintjohn.ca If you have any questions or concerns Community Services can be contacted via customer service a 658-4455 SAINT JOHN Grant Categories Applications for project funding will be assessed on whether the project or playground will serve a Local, Community, or City (Regional) population. The classification system will be based on the guidelines and inventory of Park Classification system of the City of Saint John Parks and Recreation Strategic Plan: PlaySJ. Local -Level Grant: A grant of 50% of the cost is funded up to a maximum of $5000 for projects that serve specific neighbourhoods or local interest groups. Community -Level Grant: A grant of 50% of the cost, funded up to a maximum of $10,000 per year available for projects that serve larger community interests and activities. Regional -Level Grant: A grant of 50% up to a maximum of $50,000 per year to support large projects which would serve all city and surrounding area residents, as well as potential tourism attractions. Project Funding Contributions In the table below please describe your projected financial and in -kind contributions for the project, only include current phase of the project in this application if applicable. LPP funds shall not exceed more than 50% of the project cost. CATEGORY DESCRIPTION AMOUNT Amount Requested from LPP Grant $ Amount of support from other government grants $ Private grant contributions $ In -kind Volunteer contributions $ TOTAL cost of project [n/a] $ Project Cost Estimate In the table below please estimate the financial breakdown of your project, only include the current phase of the project CATEGORY DESCRIPTION AMOUNT Materials and incidental expenses $ Contracted Services $ Labour $ TOTAL cost of project $ Page 2 of 4 RX91 Property Details Will this project be developed at a public school? Yes No Will this project provide barrier -free access to some of the facility? Yes No Is this project a new development? Yes No Is there a lack of recreation facilities in your project area? Yes No Will this project require any ongoing in -kind support from the City of Saint John? (garbage cans, mowing, inspections, etc.?) Yes No If yes, please describe. Page 3 of 4 221 Project Details Cont. Please elaborate on the project, what user groups it will serve, and (if applicable) how it fits into a greater overall plan for the area which can include multiple phases. Please feel free to add additional pages should this space not be adequate. Please also attach any aerial photographs or drawings electronically to your application. General Terms and Conditions All Projects must be completed within 1 year of the approval date. Extensions may be approved upon request. Grants cannot be awarded Retroactively. A different phase of the same project will not necessarily be supported in any succeeding year. Grants are to be used only for the intended purpose. Any recipient who uses the the funds improperly, ceases operation, or knowingly provides false information must promptly repay the grant. No grant (or any part of it) may be transferred or assigned to another party without the prior written consent from the Land for Public Purpose Review. The recipient must keep and maintain all records, and upon completion of the project, fill out and submit a Land for Public Purpose Reporting Form available from community services. The recipient will acknowledge the support of the City of Saint John in all publicity and programs relating to the project either by social media or signage, as appropriate. The City of Saint John is not liable for any damages, injury, and/or loss of revenue as a results of any grant awarded project being undertaken, and makes no commitments to maintain or provide services above and beyond current levels unless agreed upon by the Service Provider (City of Saint John Parks, Sanitation, etc.). Pa-'31212of 4 �cA TOO �0 milk UN Z a a ?� 353 Dwyer Rd., Saint John, New Brunswick, Canada E2M 4T6 Land for Public Purpose Committee City of Saint John PO Box 1971 Saint John, NB E2L 41_1 Dear Land for Public Purpose Committee: I am writing to seek contributions from the Land for Public Purpose Fund to support the construction of a recreational facility that the Saint John Trojans are currently raising funds for. This recreation center is to be constructed on a piece of land purchased by the Saint John Trojans located by Hazen White St. Francis School (please see the attached). This project will positively affect for this community and youth around the city as a whole. The Saint John Trojans are a long established organization in the City of Saint John and are currently in the process of raising funds for the above mentioned recreation center that will serve both the Crescent Valley community and the rugby community. The Trojans have called Hazen White field home since 1983 and want to give back to the community while also have a center that will be able to better facilitate our youth rugby programs. At the current time there are no facilities on the site of the field that can be used by the high school teams that also call Hazen White Field home. We plan to ensure that that will not be the case going forward. We also run mini -rugby programs for ages 4-12 twice a year that are 8 weeks each. These programs are growing in size and had over 50 children in each session this year with many coming from the area and was provided at no cost to the children. A facility on site would allow these children to enjoy there snacks we provide and an area where we can give development sessions. Hazen White and the Trojans also run a number of junior and provincial programs at the field for ages 13-19 throughout the spring to fall. Again this facility would serve these groups by providing proper changing facilities, develop areas and a fully functional gym. In addition to the rugby aspect we are working with Hazen White —St. Francis School to determine how this facility can help the needs of their students. Some of the current discussions are around hot breakfast/lunch, facility usage for events, and gym access. We are also working with the Crescent Valley Resource Center on similar incentives to see how the Crescent Valley Resource Center could benefit from a field with facilities on site. In addition the Trojans are looking at running daily summer programs for the youth of the area and monthly community days for the members of the area. All of these initiatives will not only help our sport but will have a greater impact on the positive growth of a community that is in desperate need. NOW �cA TOO �0 milk UN Z a a ?� 353 Dwyer Rd., Saint John, New Brunswick, Canada E2M 4T6 The proposed project costs are estimated at $750,000 and anticipated construction is slated for spring 2022. To date we have raised over $675,000 for this project and are currently running a corporate campaign, an alumni campaign, provincial grants, federal grants and trying to secure grants such as this. We are asking Land for Public Purpose Committee to consider us for the maximum funding available to us. As requested, the Saint John Trojans confirm that we will assume all responsibility for ongoing maintenance and upkeep of the completed project. I would be happy to discuss our application further at your convenience. Please contact Dave MacGowan, Treasurer by phone at 506-645-9722 or by email at I thank you in advance for your consideration and I look forward to hearing from you. Yours truly, David MacGowan, CPA, CA Treasurer Saint John Trojans POzl U Q ._a3 J r W S W * Q� U a z W O U O ~ N wz * m W O N Z O w m N z W p z w 0 H J ¢ of ¢ W Q " O p 0 O Z x N F- W m w N E vEi E v o M M N N E r M E �? N EIE M cr M O o N U ~ () m Of () ry a W m N O w W NO W U� O m m U O O ¢ E N ¢ Z U � m U LD LL o O O cn 2i O Z:M c (D� ZO E M (y ¢ w Of (ifw Z ¢ ¢ Om Z o W x ¢ ¢1 U U U O¢ ui (6 Z ui a� w J LLi om 3w o~ o of O O N Z U w J LL' H O O U) wm m fl�J D OHWw W W Q N c W > m U J ¢ z Y D J J > J< of O a 0 7 > w Z (7 W m LL' m w (7 J O (7 O W O a 0 W Z z (xj >_ U= O U W 7 N LL Z O J Z W Q Z Z Z N Z_ m Z Z H Z U z¢ F¢ w Q Z ¢ H x p 9 fn 9 of (n W w w (n O� LL' Z d 7 W J O ¢ U N N O O N F_ O¢ O F E Z LL LL (7 O Z H w Q¢ U Z w O H¢ a> W ¢ of > W ¢ U (7 z¢ Y 7 EY> O S U _ S LL J� rL LL (n O (n O Z J (n J w w U J N W W¢ LL w Z< z >( o J O Z (7 >~> Z> O O w 0¢ O U(nLL z O O z O J O U= U) J w W> U x t z O O O O w Z o W Z LL, OH z ¢ Jry LL¢ 2 D ~ W 1 ci n n LL (i LL U H > Z> o W W >_U p O N J J J LL w w x n 7= LL m X a 0 LL Q W a� J ..-.ZwNLL ¢m Z W =LL =O� ? fn a^Z Z 2 2 Z Z Zm� ¢ O Z m� ¢ O Z ¢ 2 V w O x ¢ r_ U z w n w n¢ m co m "" 'o a s w 2 m LL s" a m a d � Q :� a z U) LL U w < W Q a a � Z z LL z Q �w LU 0 0 V (7 z U w C� S ll� Q J J 0 J m rI� Q Q W V C) C) ~ < U) W W W U) M _ _ o z Z o °w ° o O N � m a z cn LU S 0 z 0 � O 1— LO N N VJ z Q J 0 0 J LL H LLJ U z 0 U N tA H r �r1 Room 461, Confederation Building Ottawa, Ontario K1AOA6 Tel.: 613-947-2700 Fax.:613-947-4574 (FOtzslitUOV, 1 Market Square Suite N306 Saint John, New Brunswick E2L 4Z6 Tel.: 506-657-2500 Fax.:506-657-2504 July 6, 2021 RE: Community Center 11._ - CurNuff+ CIIMI��[ Ala CUNN�1XL] {ANM)A HOUSE OF COMMONS CHAMBRE DES COMMUNES CANADA C apne ' n - �1cmL�cr of I'�rli,unc€�I j 1>ri,iili' Sainl luhit—R�ithcs�ti� Uttaw Piece 461, edifice de la Confederation Ottawa (Ontario) K1A OA6 TO.:613-947-2700 TO& : 613-947-4574 (51imms6nolion 1, Market Square suite N306 Saint John (Nouveau -Brunswick) E2L 4Z6 Te1.:506-657-2500 TO& : 506-657-2504 1 am writing this letter in support of the important project that the Saint John Trojans have undertaken to construct a community center. This project has been a few years in the making with the Saint John Trojans already having purchased a piece of land and having it rezoned for this specific purpose. This community center will provide facilities for all high school students that currently use the field, a community center that can be used for youth rugby programs and other activities in this predominantly N low-income area. The Saint John Trojans would also offer the facility to other community groups like for example, the local YMCA for their use during their summer programs. The Saint John Trojans Rugby Club, under the leadership of David MacGowan are very active within the Saint John community. Whether it be charitable causes, beautification projects or contributions to school rugby programs, their commitment to success is ongoing. I fully support the Saint John Trojans latest effort to invest in the community and believe wholeheartedly this community center project would be a crown jewel for our Port City. If you hay any questions, please feel free to contact my office at 506-657-2500. Sincerely, r !\ Wayne.Long@parl.gc.ca 4 `4< �%P 't F, Founded1805 SAINT JOHN HIGH SCHOOL AN INTERNATIONAL BACCALAUREATE SCHOOL May 27"'. 2021 To Whom it May Concern, Saint John High School is very pleased and excited to support this undertaking and initiative by the Saint John Trojans Rugby team. The Trojans are and always have been an integral part of the Rugby community here in Saint John. SJHS has graduated numerous rugby players who have gone on to play for this rugby club. The rugby pitch at Hazen White St. Francis has held many rugby matches over the years including provincials and high school matches, etc. While the field is good, the facilities are very much lacking. The students from SJHS are left to prepare for their games off site and use the woods as washroom facilities. Having access to proper changing rooms, washrooms and training facilities would be such a great addition to the club and to the rugby community in Saint John. Providing a Centre for the players, parents and coaches to access when its game time would be fantastic!! And greatly appreciated by all those involved. Saint John High School is definitely supportive of this idea and we appreciate any financial support you can provide toward making this a reality. Thank you for your consideration. Maureen Desmond Vice Principal Saint John High School 170-200 PRINCE WILLIAM STREET, SAINT JOHN, N13 E2L 2137 Telephone (506) 658-5358 Fax (506) 658-3745 Website: www.sjhigh.ca Principal: Ms. Lori Wall Vice Principals: Ms. M. Desmond Ms. S. Golding PJQ:j tESCENT VALLEY :SOURCE CENTRE May 26, 2021 To whom it may concern: Re: Saint John Trojans Rugby Club Community Centre The Crescent Valley Resource Centre (CVRC) is pleased to provide this letter in support of the Saint John Trojans Rugby Club community centre project on Sandy Point Rd., Saint John. We recently met with Dave MacGowan from the Trojans Club and he gave us an overview of the proposed community centre and the activities it would house. We are excited to learn about this new neighbourhood resource and we anticipate making use of the facility for times when the CVRC's space is inadequate or for new, currently unfulfilled, activities. Whether it's a meeting room for a large group, space for youth to participate in a drop -in or recreations activity or space for community food security programs, the CVRC sees a great value in this facility for the neighbourhood residents. Additionally, there is a well -used path from Flemming Court to the field by Hazen White -St. Francis school - this would make the facility even more accessible to Crescent Valley residents. We strongly support this initiative and we look forward to working with the Trojans Club to help make this facility a community resource for all. Sincerely, (" /Dlt,�� Anne Driscoll Executive Director Crescent Valley Resource Centre Crescent Valley Resource Centre 130 MacLaren Blvd. I Saint John NB I E21K 3G3 T 506.693.8513 F 506.693.1513 229 Harbour View High School 305 Douglas Avenue Saint John, N.B. E2K IE5 Phone: (506) 658 5359 Fax: (506) 658 4642 May 14, 2021 To whom it may concern Principal: Mr. Michael Butler Vice Principal: Mrs. C. Curwin Vice Principal: Mrs. B. MacDonald I have been coaching boy's rugby at Harbour View High School in Saint John for over 20 years. in that time, hundreds of students have learnt to play rugby and we have had students play at provincial and national level. The school has had continual encouragement and support from the Trojans Rugby Club members, and many students have gone on to play rugby with the club after graduating. Since arriving in Saint John, after my rugby playing days were over, I have been impressed with the efforts of the Trojans to establish a community based club and the construction of a multipurpose facility at the Hazen White Field will promote this aim. An ongoing problem in Saint John is the lack of facilities for players and coaches at sports fields. Every year I receive a message from the New Brunswick Interscholastic Athletic Association (NBIAA) that students must not change into playing kit at sports fields — and yet at best the only facilities provided are a porta- potty and sometimes nothing at all! A purpose- built building at Hazen White field would be an excellent addition to Saint John's sports amenities. Harbour View High School has a diverse catchment area which includes students from some of the most deprived parts of the city. Hazen White field is in close proximity to some of these areas, and I know that the Trojans Rugby Club has reached out to introduce rugby to children in the community. One of the advantages of rugby is that it is a sport where a minimum of equipment is needed to play. It also has a great tradition of respect and camaraderie which it passes on to the young people playing the sport. 1 fully endorse this project and look forward to our students making use of the facilities. Sincerely, Jon Bidgood www.HVHS.nbed.nb.ca 0 (j FdorbourViewHigh V @HVHS—NB 4 � . DCHY"+MEiWOg4� St. Malachy's Memorial High School F 2-20 Leinster Street, Saint John NB. E21, 1H8 — Phone: (506) 658-5361 — Fax: (506) 658-2420 dsF aunr On behalf of St. Malachy's Memorial High School, please accept this letter of support for the Trojans Rugby Club construction of a Multipurpose Field House in Saint John New Brunswick. In my capacity of Athletic Director, I have seen the positive influence the Rugby Club has made towards our student athletes. The club players are the first to help prep fields before a season, willing to offer coaching clinics, and to operate player development programs. Due to this positive interaction throughout their high school years many of our graduating players will join the Trojans Club Team after graduation. Sincerely yours, Carrie Shea Athletic Director St. Malachy's Memorial High School Principal: Brad Stevens Vice -Principals: Christina Barrington & Matt Garey 231 In -Office Use Only Grant Application #: Date Submitted: SAINT JOHN LAND FOR PUBLIC PURPOSE GRANT APPLICATION FORM Please Note: It is the Applicant's responsibility to understand and comply with all aspects of the guidelines outline in the Policies for the Acceptance of Land For Public Purposes (LPP) and use of LPP Funds document. Failure to understand and comply with the guidelines may result in the denial of a grant. The Policy document is available online, at saintjohn.ca or from City of Saint John Community Services staff. The deadlines for receipt of the application is May30th. Property Information Required: Name, Location (area or neighbourhood) of Project: Property Owner, Department: PID#: Organization Information Select one: Incorporated Organization: Partnering with Incorporated Organization or City: Name of Organization: Name of Applicant: Name of Incorporated Partner: (if applicable) Mailing Address: Daytime Phone #: Cell Phone #: Email Address: Estimated Project Start Date: Estimated Project End Date: Application submissions: LPP Grant Applications may be submitted either electronically, by mail, or in person: Attn: Land for Public Purpose I Growth and Community Services Mail: P.O. Box 1971 Saint John, In person: Ground Floor of City hall New Brunswick 15 Market Square E2L 41_1 Accessible through main entrance or via elevator on the pedway level of the shoppes of City hall Email: grants@saintjohn.ca If you have any questions or concerns Community Services can be contacted via customer service a 658-4455 SAINT JOHN Grant Categories Applications for project funding will be assessed on whether the project will serve a local, community, or city and n (Regional) population. The classification system will be based on the guidelines and inventory of Park Classification system of the City of Saint John Parks and Recreation Strategic Plan: PlaySJ. Local -Level Grant: A grant of up to 50% of the cost is funded up to a maximum of $10,000 for projects that serve specific neighbourhoods or local interest groups. Eg. Montgomery Crescent subdivision garden, Community -Level Grant: A grant of up to 50% of the cost, funded up to a maximum of $20,000 for projects that serve larger community interests and activities. Eg. West Side Playground, Lakewood Reservoir trail project. Regional -Level Grant: A grant of up to 50% of the cost, to a maximum of $50,000 to support large projects which would serve all city and surrounding area residents, as well as potential tourism attractions. Eg. Rockwood Park (Saint John's only regional park) project, Pickle ball facility (only one in the region, many tournaments offered). Project Funding Contributions In the table below please describe your projected financial and in -kind contributions for the project, only include current phase of the project in this application if applicable. LPP funds shall be eligible for up to 50% of the project cost. 50% threshold may be reduced if the project has previously been identified as a priority project by the City of Saint John. CATEGORY DESCRIPTION AMOUNT Amount Requested from LPP Grant $ 10,000 Amount of support from other government grants $ Private grant contributions $ 10,000 In -kind Volunteer contributions $ N/A Fundraising Contributions $ 0 TOTAL cost of project [n/a] $ Project Cost Estimate In the table below please estimate the financial breakdown of your project, only include the current phase of the project. CATEGORY DESCRIPTION AMOUNT Materials and incidental expenses $ 27,070 Contracted Services $ 50,000 Labour $ 40,000 TOTAL cost of project $ Page 2 of 4 P49191 Property Details Who owns the proposed land where the proposed project will take place? City of Saint John Other Government, Provincial or Federal. Department: Privately Owned. Owner (individual or business): Name Contact (phone number or email): If non -City land: Is there a willingness by landowner to enter into a formal agreement with the City of Saint John, guaranteeing continued public access to the land for a reasonable time frame? Note: The landowner will need to enter into a formal agreement with the City of Saint John. Yes No Does this project provide a new recreational asset? Or does it enhance an existing one? New Existing Is there a lack of this project's recreational asset in your grant application category (Local, Community, Regional)?: Yes No Will this project require any ongoing operational support from the City of Saint John? (garbage cans, mowing, inspections, etc.)? Yes No If yes, please describe: Page 3 of 4 P19MI Project Details Cont'd. Please feel free to add additional pages should this space not be adequate. Please also attach any aerial photographs or drawings electronically to your application. Please elaborate on the project, what user groups it will serve, and (if applicable) how it fits into a greater overall plan for the area which can include multiple phases. Please describe how this project will be open to the public and provide free access (fees and physical fencing). Please demonstrate how you have done community consultation (letters of support, door to door, mail outs, social media campaigns, public meetings, etc.) or how you plan to engage the community. P49191 General Terms and Conditions No funding will be given to for -profit or private individuals. If a group is not an incorporated non-profit, they must partner with the city of Saint John or a non-profit organization to be eligible for funding. All Projects must be completed within 1 year of the approval date. Extensions may be approved upon request. Grants cannot be awarded Retroactively. A different phase of the same project will not necessarily be supported in any succeeding year. Grants are to be used only for the intended purpose. Any recipient who uses the the funds improperly, ceases operation, or knowingly provides false information must promptly repay the grant. No grant (or any part of it) may be transferred or assigned to another party without the prior written consent from the Land for Public Purpose grant review board. The recipient must keep and maintain all records, and upon completion of the project, fill out and submit a Land for Public Purpose Reporting Form available from Community Services. The recipient will acknowledge the support of the City of Saint John in all publicity and programs relating to the project either by social media or signage, as appropriate. The City of Saint John is not liable for any damages, injury, and/or loss of revenue as a results of any grant awarded project being undertaken, and makes no commitments to maintain or provide services above and beyond current levels unless agreed upon by the service provider (City of Saint John Parks, Sanitation, etc.). 091.1 In -Office Use Only Grant Application #: Date Submitted: SAINT JOHN LAND FOR PUBLIC PURPOSE GRANT APPLICATION FORM Please Note: It is the Applicant's responsibility to understand and comply with all aspects of the guidelines outline in the Policies for the Acceptance of Land For Public Purposes (LPP) and use of LPP Funds document. Failure to understand and comply with the guidelines may result in the denial of a grant. The Policy document is available online, at saintjohn.ca or from City of Saint John Community Services staff. Applications will be reviewed twice a year, in May and November. The deadlines for receipt of the applications are April 30th, and October31st Required: Name, Location (area or neighbourhood) of Project: Open court and basketball count behind the Peter Murray Arena PID# (if known): Contact Information Name of Organization:Westside Community Dog Park Name of Applicant:COnnie Quinn Mailing Address:25555 Hughes Lane Daytime Phone #: Cell Phone #:506-333-7317 1 Fax #: Email Address: COnnlequlnn22@gmal1.COm Estimated Project Start Date: June 1st, 2022 Estimated Project End Date: Sept 30th,2022 Application submissions: LPP Grant Applications may be submitted either electronically, by mail, or in person: Attn: Land for Public Purpose i Growth and Community Services Mail: P.O. Box 1971 Saint John, New In person: Ground Floor of City hall Brunswick 15 Market Square E2L 41_1 Accessible through Main Entrance or via elevator on the Pedway Level of the shoppes of City hall Email: grants@saintjohn.ca If you have any questions or concerns Community Services can be contacted via customer service a 658-4455 SAINT JOHN Grant Categories Applications for project funding will be assessed on whether the project or playground will serve a Local, Community, or City (Regional) population. The classification system will be based on the guidelines and inventory of Park Classification system of the City of Saint John Parks and Recreation Strategic Plan: PlaySJ. 0 Local -Level Grant: A grant of 50% of the cost is funded up to a maximum of $5000 for projects that serve specific neighbourhoods or local interest groups. OCommunity -Level Grant: A grant of 50% of the cost, funded up to a maximum of $10,000 per year available for projects that serve larger community interests and activities. ORegional -Level Grant: A grant of 50% up to a maximum of $50,000 per year to support large projects which would serve all city and surrounding area residents, as well as potential tourism attractions. Project Funding Contributions In the table below please describe your projected financial and in -kind contributions for the project, only include current phase of the project in this application if applicable. LPP funds shall not exceed more than 50% of the project cost. CATEGORY DESCRIPTION AMOUNT Amount Requested from LPP Grant $ 1 0 , 000.00 Amount of support from other government grants $0 Private grant contributions $ 0 In -kind Volunteer contributions We will in kind donations and fundraise the remainder amount needed $ TOTAL cost of project [n/a] $ 50 , 000.00 Project Cost Estimate In the table below please estimate the financial breakdown of your project, only include the current phase of the project CATEGORY DESCRIPTION AMOUNT Materials and incidental expenses Signage, garbage can, benches, trees $ Contracted Services Removal of existing ashfault, topsoil, hydroseed, fencing $ Labour $ TOTAL cost of project $50, 000.00 Page 2 of 4 P191:j Property Details Will this project be developed at a public school? Yes • No Will this project provide barrier -free access to some of the facility? Yes • No Is this project a new development? • Yes No Is there a lack of recreation facilities in your project area? • Yes No Will this project require any ongoing in -kind support from the City of Saint John? (garbage cans, mowing, inspections, etc.?) • Yes No If yes, please describe. Page 3 of 4 P1910.1 Project Details Cont. Please elaborate on the project, what user groups it will serve, and (if applicable) how it fits into a greater overall plan for the area which can include multiple phases. Please feel free to add additional pages should this space not be adequate. Please also attach any aerial photographs or drawings electronically to your application. General Terms and Conditions All Projects must be completed within 1 year of the approval date. Extensions may be approved upon request. Grants cannot be awarded Retroactively. A different phase of the same project will not necessarily be supported in any succeeding year. Grants are to be used only for the intended purpose. Any recipient who uses the the funds improperly, ceases operation, or knowingly provides false information must promptly repay the grant. No grant (or any part of it) may be transferred or assigned to another party without the prior written consent from the Land for Public Purpose Review. The recipient must keep and maintain all records, and upon completion of the project, fill out and submit a Land for Public Purpose Reporting Form available from community services. The recipient will acknowledge the support of the City of Saint John in all publicity and programs relating to the project either by social media or signage, as appropriate. The City of Saint John is not liable for any damages, injury, and/or loss of revenue as a results of any grant awarded project being undertaken, and makes no commitments to maintain or provide services above and beyond current levels unless agreed upon by the Service Provider (City of Saint John Parks, Sanitation, etc.). Pa-'3140)f 4 From: City of Saint John, New Brunswick To: Common Clerk Subject: Webform submission from: Request to present to council form Date: June 10, 2022 11:38:03 AM [ External Email Alert] "Please note that this message is from an external sender. If it appears to be sent from a Saint John employee, please forward the email to spamsample@saintjohn.ca or contact IT Service Desk at 649-6047. * * Submitted on Fri, 06/10/2022 - 11:37 Submitted by: Anonymous Submitted values are: About Person/Group Presenting First Name: Pat Last Name: Steeves Name of Organization/Group (where applicable): PRO Kids Address: PO Box 1971 City of Saint John Saint John, New Brunswick. E2L 4L1 Canada Day Time Phone Number: 5067212821 Email lorilambertasainl ohn.ca 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 Request Pz1i Topic of Presentation: Celebrating 20 years of PRO Kids (with annual report) Purpose for Presentation (what is the ask of Council): No formal ask. Due to COVID, we are overdue in reporting annually to council as per our Terms of Reference. (As the Advisory Committee does not meet over the summer, we respectfully ask for a September council date.) Background Information: PRO Kids is now in its 20th year serving families of Greater Saint John. We'd like to present to Common Council in September with a look back on our accomplishments over the past 20 years, and the current resurgence of our services in 2022. (As of the end of May, registrations are up 144% over 2021.) i third spaice tiers espace MA,__ JUL 15 happy 25th birthday, third space! Actions and Detail Panel Date and time Location Refund policy .......__._.._. About this event Third Space is turning 25! To celebrate, we are having a birthday party fundraiser Show off that outfit you haven't had a chance to wear yet with the evening's theme: Gala! Join us for an evening filled with celebration and friendly faces. A silent auction will accompany the event, featuring artwork and donations from local artists and businesses. You can expect drinks, games, good conversation, friends old and new, and a photo booth to capture the memories! The event will take place at the Imperial Theatre in the upper and lower lobbies on Friday, July 15th starting at 7pm. Bring a friend and help us celebrate this wonderful milestone as we look back on our successes and look ahead to what is in store for Saint John's only artist -run centre! Third Space is Saint John's only artist -run centre for contemporary art. Our organisation acts as a vessel for emerging and established artists who cross disciplines and boundaries in their exploration of contemporary culture. Through events like exhibitions, workshops, residencies, lectures, performances, screenings, and publications, Third Space aids in the education, understanding, and appreciation of contemporary art. Our signature art -at -night event, THIRD SHIFT, brings together local, regional, and national contemporary artists to present art installations and performances that help Saint Johners reimagine their city. Third Space strives to present a schedule of engaging, art -based programming through creative collaborations with other community organisations in the region. Accessibility notes: The Imperial Theatre is wheelchair accessible. There is an elevator to the second floor of the foyer. Service animals are welcome. Gendered washrooms are available and wheelchair accessible. M&C No. 2022-223 Report Date June 22, 2022 Meeting Date June 27, 2022 Service Area General Counsel Office SUBJECT. Memorandum of Understanding and Non -Disclosure Agreement with Malta Inc. EXECUTIVE SUMMARY OF COMMITTEE OF THE WHOLE REPORT FOR OPEN SESSION OF COUNCIL Since 2019, Malta Inc. has been discussing with stakeholders the potential benefit that Malta's technology could provide to NB. The City became a part of those discussions in 2021 when Malta was exploring a suitable location for its facility in Saint John. In 2021, the City entered into a Confidentiality and Non -Disclosure Agreement ["NDA"] with Malta, and other stakeholders to ensure the confidentiality of commercially sensitive aspects of this project and staff recommends expanding the NDA to now include Saint John Energy. In addition, Malta and staff determined that it would be appropriate to enter into a non -binding Memorandum of Understanding ["MOU"] outlining responsibilities and timelines associated with the project. The purpose of this report is to seek authority for the City to enter into a non- binding MOU and an NDA with Malta Inc. COUNCIL RESOLUTION 1. That the City enter into the Memorandum of Understanding generally in the form presented to Committee of the Whole at its meeting held June 27, 2022, with Malta Inc. for the purpose of evaluating the benefits that Malta's thermal products can provide to meet the needs of the City's District Energy System; 2. That the City enter into the Confidentiality and Non -Disclosure Agreement presented to Committee of the Whole at its meeting held June 27, 2022, with Malta Inc., New Brunswick Power Corporation, and the Power Commission of the City of Saint John (Saint John Energy), for the purpose of bringing Saint John Energy into the previously executed Confidentiality and Non -Disclosure Agreement for the purpose of evaluating the possible development of a District Energy Project for renewable energy design, production, and operations general and distributed to customers located in Saint John; and W.1 3. That the Mayor and Clerk be authorized to execute the said Memorandum of Understanding and Confidentiality and Non -Disclosure Agreement and any documents ancillary thereto. f W-0 M&C No. M&C 2022-211 Report Date June 22, 2022 Meeting Date June 27, 2022 Service Area General Counsel SUBJECT: Request for Quit Claim Deed — 411 City Line EXECUTIVE SUMMARY OF COMMITTEE OF THE WHOLE REPORT FOR OPEN SESSION OF COUNCIL The lawyer for the owner of a parcel of land located at 411 City Line and bearing PID 00390476 has requested that the City execute a Quit Claim Deed in relation an adjoining parcel of land, which was intended to be conveyed to a predecessor in title in 1967. The adjoining piece of land is the subject of a 1966 Council resolution which approves the subdivision and transfer of said parcel to the then owner. The purpose of this report is to seek authority for the City to issue a Quit Claim Deed to Mr. Paul Whitney Leblanc. COUNCIL RESOLUTION That the City execute a Quit Claim Deed in favor of Paul Whitney Leblanc releasing any right or title to the land identified as Part 1 on the Subdivision Plan filed on March 14, 1967 in the Registry Office of the City and County of Saint John as File 43, No. 108, and that the Mayor and Clerk be authorized to execute the said Quit Claim Deed and any other document necessary to effect the transaction. fA."Fi1 WV - M&C No. 2022-227 Report Date June 20, 2022 Meeting Date June 27, 2022 Service Area Growth and Community Development Services SUBJECT: Funding Offer— Atlantic Canada Opportunities Agency —Project No: 219688 EXECUTIVE SUMMARY OF COMMITTEE OF THE WHOLE REPORT FOR OPEN SESSION OF COUNCIL The City of Saint John has been provided a funding opportunity by the Atlantic Canada Opportunities Agency (ACOA) to which some conditions are attached. An announcement will be made regarding the funding in the near future. COUNCIL RESOLUTION It is recommended that the City enter into the Contribution Agreement, as presented to Committee of the Whole at its meeting on June 27, 2022, with the Atlantic Canada Opportunities Agency, for the purpose of obtaining funding for Project No: 219688 and that the Mayor and City Clerk be authorized to execute the said Agreement. Nominating Committee Meeting -June 21, 2022 2nd Floor Boardroom Present: Mayor Donna Reardon Deputy Mayor John MacKenzie Councillor Paula Radwan Councillor Gary Sullivan (via Teams) City Clerk, Jonathan Taylor Committee of the Whole Members, Subject: Recommended Appointments to Committees The Nominating Committee, having met on June 21, 2022, makes the following recommendations: City Manager Performance Review Committee: to appoint Mayor Reardon, Councillors Stewart and Sullivan from June 27, 2022, to the end of their current terms of Council; City Manager Recruitment Committee: to appoint Mayor Reardon, Councillors Harris, Norton, and Radwan from June 27, 2022, until the process is completed; Code of Conduct Complaints Committee: to appoint Councillors Hickey, Norton, and Radwan from June 27, 2022, to the end of their current terms of Council; and to appoint Councillors Sullivan and Killen as alternates from June 27, 2022, to the end of their current terms of Council; Community Grants Evaluation: to reappoint Amit Tamrakar for a 3 year term from July 8, 2022, to July 8, 2025; Fort LaTour Authority: to reappoint Jane Fullerton for a 3 year term from August 22, 2022, to August 22, 2025; Harbour Station Commission: to appoint Robert Bonner for a 3 year term from July 26, 2022, to July 26, 2025; Nominating Committee: to appoint Mayor Reardon, Deputy Mayor MacKenzie from June 27, 2022, to the end of their current terms on Council, and to appoint Councillors Killen and Ogden from June 27, 2022, to June 27, 2023; PRO Kids: to appoint Allison Olsen and Tamara Steele for 3 year terms from June 27, 2022, to June 27, 2025, and August 22, 2022, to August 22, 2025, respectively; Saint John Communities Arts Board: to reappoint Suping Shi for a 3 year term from July 8, 2022, to July 8, 2025; SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4J 1�vvu saintjohn.ca I C.R 1971 Saint John, N.-B, Canada E2L 4L1 Saint John Free Public Library: to reappoint Mohamed Bagha for a 3 year term from August 22, 2022, to August 22, 2025; Saint John Substandard Properties Appeal Committee: to reappoint Don Cullinan for a 3 year term from July 8, 2022, to July 8, 2025. Sincerely, Donna Reardon Mayor and Chair of the Nominating Committee SAINT JOHN P.Q. Box 1971 Saint John, NB Canada E2L 4J ]�uvu saintjohn.ca I C.R 1971 Saint John, N.-B. Canada E2L 4L1 M&C No. 2022-189 Report Date May 25, 2022 Meeting Date June 27, 2022 Service Area Growth and Community Development Services SUBJECT: Assignment of Lease re Sister's Italian Foods - City Market EXECUTIVE SUMMARY OF COMMITTEE OF THE WHOLE REPORT FOR OPEN SESSION OF COUNCIL The sale of Sisters Italian foods is closing on June 14, 2022. The new owner, Chris Hovey (734947 Nb Ltd) has successfully purchased the name and assets and plans to continue the business operations of Sisters as it has been for 24 years, while adding some personal touches to further invigorate an already successful business. Staff have been in discussions with the new owner and recommending that Council consent to the transfer of lease. The new owner will continue to offer the same menu and services, while bringing some value -add options to their many returning customers, as well as adding some exciting new features and specials. Staff are pleased to work with the new owner as part of a new generation of business owners in the Market. Chris Hovey and family bring with them a respect for the current business, and an excitement about growing and showcasing new ideas. COUNCIL RESOLUTION NOW THEREFORE BE IT RESOLVED that Common Council waive the required notice period under clause 12.02 b) of the Lease and consent to the assignment of said Lease for Stall F and ancillary space at the City Market with Sisters Italian Foods Ltd. to 734947 Nb Ltd. dba Sisters; and that the Mayor and City Clerk be authorized to execute the consent to assignment of Lease and the Landlord's Undertaking in the form attached to M&C No. 2022-189 and any documents ancillary thereto. WWA