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2024-01-22_Agenda Packet--Dossier de l'ordre du jour�B City of Saint John Common Council Meeting AGENDA Monday, January 22, 2024 6:30 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 January 8, 2024 6 - 11 3. Approval of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 HotSpot Parking Inc - Amendment to Software License and Services 12 - 18 Agreement (Recommendation in Report) 5.2 Public Information Session: St Paul Steet (Winter Street to End) - Water, 19 - 22 Sanitary and Storm Sewer Renewal and Street Reconstruction (Recommendation: Receive for Information) 5.3 Public Space at Market Slip — HVAC, Mechanical, Electrical & Sprinkler 23 - 26 Installations for New Enclosed Patios (Recommendation in Report) 5.4 2024 Insurance Renewal (Recommendation in Report) 27 - 30 5.5 Vehicle For Hire By -Law Change (Recommendation in Report) 31 - 34 5.6 Community Development Fund Agreement: City of Saint John — Harbour 35 - 43 Passage Expansion (Recommendation in Report) 5.7 Initiate Stop -Up and Closure for a Portion of Red Head Road and Hewitt Road 44 - 47 (Recommendation in Report) 5.8 Heather Way Resurfacing/Reconstruction (Recommendation in Report) 48 - 51 6. Members Comments 7. Proclamation 8. Delegations / Presentations 9. Public Hearings - 6:30 p.m. 10. Consideration of By-laws 10.1 Zoning By -Law Amendment - 89-91 Red Head Road (3rd Reading) / 52 - 55 Recission of previous Section 59 Conditions 10.2 McNamara Drive Speed Limit Reduction -Traffic ByLaw Amendment (1 st and 56 - 58 2nd Reading) 11. Submissions by Council Members 12. Business Matters - Municipal Officers 12.1 The Cove — Funding Agreement 59 - 97 12.2 Housing Accelerator Fund 98 - 114 13. Committee Reports 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 15.1 Dragonfly Events Planning: Empowering Women in Business 2024 - Request 115 - 117 to Present (Recommendation: Refer to Clerk to schedule presentation) 15.2 Saint John Horticultural Association: Request to Present (Recommendation: 118 - 120 Refer to Clerk to schedule presentation) 15.3 YMCA of Southwestern NB: Request for Proclamation (Recommendation: 121 - 121 Refer to Clerk to prepare proclamation) K 16. 17. 18. 15.4 J. Rennick: Not for profit Organizations - Request to Present 122 - 123 (Recommendation: Receive for Information) 15.5 Age Friendly Active Communities NB - Request to Present (Recommendation: 124 - 125 Refer to Growth Committee to schedule presentation) 15.6 A. Folldns: Shelters in Loyalist Burial Ground (Recommendation: Receive for 126 - 127 Information) Supplemental Agenda Committee of the Whole 17.1 Request for Expression of Interest for 21 Troop Street 128 - 128 17.2 2024 Community Centre and Neighbourhood Service Agreement Renewal 129 - 130 17.3 Saint John Energy FCM Loan and Grant Request 131 - 131 17.4 Code of Conduct Complaints - Councillors Harris and lGllen 132 - 132 Adjournment K City of Saint John Common Council Meeting Monday, January 22, 2024 Committee of the Whole 1. Call to Order Si vous avez besoin des services en frangais pour une reunion de Conseil communal, veuillez contacter le bureau du greffier communal au 658-2862. Each of the following items, either in whole or in part, is able to be discussed in private pursuant to the provisions of subsection 68(1) of the Local Governance Act and Council / Committee will make a decision(s) in that respect in Open Session: 4:00 p.m., 2nd Floor Boardroom, City Hall 1.1 Approval of Minutes 68(1) 1.2 Financial Matter 68(1)(c) 1.3 Land Matter 68(1)(d) 1.4 Financial Matter 68(1)(c) 1.5 Financial Matter 68(1)(c) 1.6 Financial Matter 68(1)(c) 1.7 Land Matter 68(1)(d) 1.8 Financial Matter 68(1)(c) 1.9 Legal Matter 68(1)(c,f,g) 1.10 Legal Matter 68(1)(f) Ville de Saint John Seance du conseil municipal Lundi 22 janvier 2024 18h30 2e etage, salle du conseil municipal, 1-16tel de Ville Un moyen de communication electronique sera utilise lors de cette reunion. Le public peut assister a la reunion en personne dans la salle du conseil ou la regarder sur le site Web de la ville (www.saintiohn.ca) ou sur Rogers TV. Comite plenier 1. Ouverture de la seance Si vous souhaitez obtenir des services en frangais pour une seance du conseil communal, veuillez communiquer avec le bureau du greffier communal au 658-2862. Chacun des points suivants, en totalite ou en partie, peut faire I'objet d'une discussion en prive en vertu des dispositions prevues au paragraphe 68(1) de la Loi sur la gouvernance locale. Le conseil/comite prendra une ou des decisions a cet egard au cours de la seance publique : 16 h 30 — Comite plenier a huis clos — Salle de conference du 2e etage 1.1 Approbation du proces-verbal 68(1) 1.2 Question financiere 68(1)(c) 1.3 Question fonciere 68(1)(d) 1.4 Question financiere 68(1)(c) 1.5 Question financiere 68(1)(c) 1.6 Question financiere 68(1)(c) 1.7 Question fonciere 68(1)(d) 1.8 Question fonciere 68(1)(d) 1.9 Question financiere 68(1)(c) 1.10 Question juridique 68(1)(c,f,g) Seance ordinaire 1. Ouverture de la seance 1.1 Reconnaissance du territoire 1.2 Hymne national K 2. Approbation du proces-verbal 2.1 Proces-verbal du 8 janvier 2024 3. Adoption de I'ordre du jour 4. Divulgations de conflits d'interets 5. Questions soumises a I'approbation du conseil 5.1 HotSpot Parking Inc. — Modification du contrat de licence de logiciel et de services (recommendation clans le rapport) 5.2 Seance d'information publique : Rue St. Paul (de la rue Winter a la fin) — Renouvellement des reseaux d'aqueduc, d'egout sanitaire et d'egout pluvial et reconstruction de la rue (recommendation : recevoir pour information) 5.3 Espace public de Market Slip - Installations CVC, mecaniques, electriques et d'arrosage pour de nouveaux patios fermes (recommandation clans le rapport) 5.4 Renouvellement de I'assurance 2024 (recommandation clans le rapport) 5.5 Modification du reglement sur les vehicules de location (recommandation clans le rapport) 5.6 Accord sur le Fonds de developpement communautaire : Ville de Saint John — Agrandissement du passage du port (recommandation clans le rapport) 5.7 Entreprendre I'arret et la fermeture d'une partie du chemin Red Head et du chemin Hewitt (recommandation clans le rapport) 5.8 Resurfagage/reconstruction de Heather Way (recommandation clans le rapport) 6. Commentaires presentes par les membres 7. Proclamation 8. Delegations et presentations 9. Audiences publiques 10. Etude des arretes municipaux 10.1 Modification du reglement de zonage — 89-91 chemin Red Head (3e lecture) / Rappel des conditions de I'article 59 K3 10.2 Reduction de la limite de vitesse de McNamara Drive — Modification du reglement sur la circulation (11e et 2e lecture) 11. Interventions des membres du conseil 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.1 The Cove - Convention de financement 12.2 Fonds d'acceleration du logement 13. Rapports deposes par les comites 14. Etude des sujets ecartes des questions soumises a I'approbation du Bureau 15. Correspondance generale 15.1 Dragonfly Events Planning : Empowering Women in Business 2024 - Demande de presentation (recommendation : Demander au greffier de programmer la presentation) 15.2 Association horticole de Saint John : Demande de presentation (recommendation : Demander au greffier de programmer la presentation) 15.3 YMCA du sud-ouest du Nouveau -Brunswick : Demande de proclamation (recommendation : Demander au greffier de preparer la proclamation) 15.4 J. Rennick : Organisations a but non lucratif — Demande de presentation (recommendation : recevoir pour information) 15.5 Communautes actives amies des aines du N.-B.: Demande de presentation (recommendation : Demander au Comite de croissance de programmer la presentation) 15.6 A. Folkins : Abris clans le cimetiere loyaliste (recommendation : recevoir pour information) 16.Ordre du jour supplementaire 17. Comite plenier 17.1 Demande d'expression d'interet pour le 21, rue Troop 17.2 Renouvellement de 1'entente de services pour les centres communautaires et les services de quartier en 2024 17.3 Demande de pret et de subvention de la FCM de Saint John Energy 17.4 Plaintes relatives au code de conduite — Conseillers Harris et Killen 4 18. levee de la seance COMMON COUNCIL / CONSEIL COMMUNAL January 8, 2024 / le 8 janvier 2024 The City of Saint job n MINUTES — REGULAR MEETING COMMON COUNCIL OF THE CITY OF SAINT JOHN JANUARY 8, 2024 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: Mayor Donna Noade Reardon Deputy Mayor John MacKenzie Councillor -at -Large Gary Sullivan Councillor -at -Large Brent Harris Councillor Ward 1 Greg Norton Councillor Ward 1 Joanna Killen Councillor Ward 2 Barry Ogden Councillor Ward 3 Gerry Lowe Councillor Ward 3 David Hickey Councillor Ward 4 Paula Radwan Absent: Councillor Ward 4 Greg Stewart Also Present: Chief Administrative Officer (CAO) B. McGovern General Counsel M. Tompkins Chief Financial Officer K. Fudge Commissioner Utilities & Infrastructure Services I. Fogan Fire Chief R. Nichol Commissioner Human Resources S. Hossack Deputy Commissioner Growth & Community Services A. Poffenroth Director External Affairs L. Caissie Commissioner Public Works & Transportation M. Hugenholtz Director Legislative Services / City Clerk J. Taylor Deputy Clerk P. Anglin C.1 COMMON COUNCIL / CONSEIL COMMUNAL January 8, 2024 / le 8 janvier 2024 Call to Order 1.1 Land Acknowledgement Deputy Mayor Mackenzie 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 Saint John Symphony Youth Orchestra performed O Canada by video. 2. Approval of Minutes 2.1 Minutes of December 11. 2023 Moved by Deputy Mayor MacKenzie, seconded by Councillor Sullivan: RESOLVED that the minutes of December 11, 2023, be approved. MOTION CARRIED. 2.2 Minutes of December 18, 2023 Moved by Councillor Sullivan, seconded by Councillor Radwan: RESOLVED that the minutes of December 18, 2023, be approved. MOTION CARRIED. 3. Approval of Agenda Moved by Deputy Mayor MacKenzie, seconded by Councillor Lowe: RESOLVED that the agenda for January 8, 2024, be approved with the addition of 17.1 COVID-19 Policy Statement Resolution; and 17.2 Transfer of Ownership — Recycling Totes. MOTION CARRIED. 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 RESOLVED that as recommended in the submitted report M&C 2024-001: Designation of By -Law Enforcement Officer, Common Council appoint Justin Tinker as a by-law enforcement officer for various City By-laws, the appointments being more fully described in the attachment to the submitted report. r� COMMON COUNCIL / CONSEIL COMMUNAL January 8, 2024 / le 8 janvier 2024 5.2 RESOLVED that as recommended in the submitted report M&C 2024-006: Proposed Public Hearing Date for 1 Bayard Drive Common Council schedule the public hearing for the Zoning Bylaw Rezoning application submitted by Jill Higgins for 1 Bayard Drive (PID: 00015610) for Monday, March 4, 2024, at 6:30 p.m. at the Council Chamber, City Hall 2nd floor, 15 Market Square, Saint John, NB. 5.3 RESOLVED that as recommended in the submitted report M&C 2024-003: Priorities for DTI Infrastructure — The Road Ahead, the prioritized list of DTI infrastructure investments as outlined in M&C 2024-003 be endorsed and that the Mayor be authorized to follow up with a letter to the Premier, the Minister of the Department of Transportation and Infrastructure and local MLA's accordingly. 5.4 RESOLVED that as recommended in the submitted report M&C 2024-002: Contract No. 2023-10: Waterloo Street (Union Street to Peters Street) and Waterloo Street (Cliff Street to Richmond Street) — Water, Sanitary, and Storm Sewer Renewal and Street Reconstruction, the contract be awarded to the lowest tenderer, Galbraith Construction Ltd., at their tendered price of $1,051,945.25 (including HST) as calculated based on estimated quantities; and further that the Mayor and City Clerk be authorized to execute the necessary contract documents. 5.5 RESOLVED that as recommended in the submitted report M&C 2024-007: Community Investment Fund Agreement: City of Saint John — Millidgeville Boat Ramp Rehabilitation (Phase 2), the City enter into an agreement with the Regional Development Corporation (RDC) for funding to complete phase two of the design for the Millidgeville Boat Ramp Rehabilitation Project in the form and upon the terms and conditions as attached to M&C No. 2024-007; and that the Mayor and City Clerk be authorized to execute the said Agreement. Moved by Deputy Mayor MacKenzie, seconded by Councillor Sullivan: RESOLVED that the recommendation set out in each consent agenda item respectively be adopted. MOTION CARRIED UNANIMOUSLY 6. Members Comments Members commented on various local events. 7. Proclamation 8. Delegations / Presentations 9. Public Hearings — 6:30 p.m. 10. Consideration of By -Laws 11. Submissions by Council Members 12. Business Matters — Municipal Officers E:3 COMMON COUNCIL / CONSEIL COMMUNAL January 8, 2024 / le 8 janvier 2024 12.1 Chief Administrative Officer Update on Select Catalytic Projects and Advocacy Verbal The CAO commented on the infrastructure developments Ihtoli-maqahamok -The Gathering Space and Fundy Quay site. Moved by Deputy Mayor MacKenzie, seconded by Councillor Radwan: RESOLVED that the verbal update from the Chief Administrative Officer on Select Catalytic Projects and Advocacy be received for information. MOTION CARRIED 12.2 Citv of Saint John Communitv Enerav Action Plan — ActSJ Pathwav to Net -Zero Referring to the submitted presentation ActSJ Pathway to Net Zero Community Energy Action Plan project overview, Director Energy Performance S. Yammine, presented the significant transformations to work collectively on energy consumption. The SSG Consulting specialist provided the cost implications and benefits of the project. Moved by Councillor Hickey, seconded by Councillor Harris: RESOLVED that as recommended in the submitted report M&C 2024-012: City of Saint John Community Energy Action Plan — ActSJ Pathway to Net -Zero, Common Council approves the City of Saint John Community Energy Action Plan- ActSJ Pathway to Net - Zero submitted as Appendix A; and further that the CAO be directed to undertake the following Climate Change Action Items: 1) Establish an ActSJ advisory committee that reports directly to the Mayor and Council and is charged with stewarding the implementation of ActSJ and, 2) Develop and implement resourcing strategies for actions that will be led by the city and, 3) Implement a carbon budget to align municipal investments with Saint John's climate action goals. A carbon budget that can be integrated into asset management and annual budgets to ensure emissions are considered alongside investment decisions and, 4) Establish a monitoring, evaluation, and reporting system to track and report on ActSJ progress. MOTION CARRIED. 13. Committee Reports 13.1 Public Safety Committee: Speed Cushion Traffic Calming Trial Update and Path F r) r%A/a rrl Councillor Hickey Chair Public Safety Committee introduced the recommendation of the solution based evidence provided by the Speed Cushion Traffic Calming Trial project. Moved by Councillor Hickey, seconded by Deputy Mayor MacKenzie: 4 COMMON COUNCIL / CONSEIL COMMUNAL January 8, 2024 / le 8 janvier 2024 RESOLVED that as recommended by the Public Safety Committee in the submitted report M&C 2024-009: Speed Cushion Traffic Calming Trial Update and Path Forward, Common Council: 1. Approve an amendment to the City's Traffic By -Law that reduces the speed limit of McNamara Drive to 40 KM/H; and 2. Endorse that the Expedited Traffic Calming Initiative using Speed Cushions move from a pilot project to an annual program, and that the three deviations from the Traffic Calming Policy detailed in this report continue for the year 2024. MOTION CARRIED. Chair of the Public Safety Committee Councillor Hickey updated Council on the fire that occurred on Saturday, January 6t", at the homeless tent encampment near the Main Street viaduct at the Route 1 Westbound on -ramp. A 44-year-old man Peter Evan Ralph McArthur died from his injuries. Councillor Hickey stated the City is committed to end homelessness in our community, has adopted a Public Safety Homelessness Strategy and urged the province to step-up to the urgency of the call to act. 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 15.1 250 (Saint John) Wing RCAFA Inc. (Recommendation: Refer to CAO for follow- Moved by Deputy Mayor MacKenzie, seconded by Councillor Hickey: RESOLVED that the correspondence from 250 (Saint John) Wing RCAFA Inc. be referred to the Chief Administrative Officer for follow-up. MOTION CARRIED 15.2 Liveable Saint John: Residential Impact of AIM (Recommendation: Approve request to present at a meeting of the City's Public Safety Committee) Moved by Deputy Mayor MacKenzie, seconded by Councillor Hickey: RESOLVED that the Liveable Saint John: Residential Impact of AIM request to present be approved for a presentation at a meeting of the City's Public Safety Committee. MOTION CARRIED. 15.3 New Brunswick Society of Retired Teachers — SJ Branch: Request for Proclamation (Recommendation: Approve proclamation request) Moved by Councillor Sullivan, seconded by Councillor Ogden: RESOLVED that the request for a proclamation from the New Brunswick Society of Retired Teachers — Saint John Branch be approved. MOTION CARRIED. iN COMMON COUNCIL / CONSEIL COMMUNAL January 8, 2024 / le 8 janvier 2024 16. Supplemental Agenda 17. Committee of the Whole 17.1 COVID-19 Policy Statement Resolution Moved by Deputy Mayor MacKenzie, seconded by Councillor Radwan: RESOLVED that as recommended by Committee of the Whole, having met on January 8, 2024, the following COVID-19 policy statement, adopted by Common Council on March 21, 2022, be rescinded in full: As a condition of employment with the City of Saint John, employees hired on or after March 21, 2022, are required to show proof of full vaccination against COVID- 19, or a valid medical certificate exempting them from the vaccine. MOTION CARRIED with Councillor Sullivan voting nay. 17.2 Transfer of Ownership — Recycling Totes Moved by Councillor Sullivan, seconded by Deputy Mayor MacKenzie: RESOLVED that as recommended by Committee of the Whole, having met on January 8, 2024, Common Council authorize sale of assets to Circular Materials on the terms and conditions as presented to Committee of the Whole at their meeting held on January 8, 2024; and that the Mayor and City Clerk be authorized to sign any documents necessary to effect the transaction. MOTION CARRIED. 18. Adjournment Moved by Councillor Lowe, seconded by Councillor Hickey: RESOLVED that the meeting of Common Council held on January 8, 2024, be adjourned. MOTION CARRIED. The Mayor declared the meeting adjourned at 7:00 p.m. 11 COMMON COUNCIL REPORT M&C No. 2024-016 Report Date January 15, 2024 Meeting Date January 22, 2024 Service Area Public Works and Transportation Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT: HotSpot Parking Inc - Amendment to Software License and Services Agreement AUTHORIZATION Primary Author Commissioner/Dept. Head Chief Administrative Officer Jill Good Michael Hugenholtz/Marc Dionne J. Brent McGovern RECOMMENDATION RESOLVED that the City of Saint John enter into Amendment No. 1 with HotSpot Parking Inc., generally in the form as attached to M&C No. 2024-016, and that the Mayor and City Clerk be authorized to execute said Amendment No. 1 and any other documents ancillary thereto. EXECUTIVE SUMMARY On October 2nd, 2021, the City of Saint John dissolved the Saint John Parking Commission and subsequently assumed the responsibility for all previous contracts, managed by the Saint John Parking Commission. The purpose of this report is to seek Council's approval to amend an existing service agreement with HotSpot Parking Inc. to include the addition of the enforcement enterprise dashboard used internally for the court summons process. PREVIOUS RESOLUTION n/a REPORT In 2014, the Saint John Parking Commission entered into a 12 week pilot with HotSpot Parking to provide customers with an opportunity to pay for parking via a mobile application. Due to the success of the pilot and the use of the app, over time the Commission expanded the agreement with HotSpot to include the sale and administration of monthly parking and residential parking permits and the tap gates at parking garages. 12 -2- Following October 2, 2021, City of Saint John dissolved the Saint John Parking Commission and subsequently assumed the responsibility for all previous contracts. The Parking department continues to receive excellent service delivery from HotSpot Parking Inc. Through consistent bi-weekly team meetings and dedicated support, we have been able to provide them with feedback needed to further customize and create efficiencies for both the Parking department and our customers. Following the recovery from the cyberattack, it was determined that the previous processes for the creation of court summons were unable to be restored. In collaboration with the City's IT department, demonstrations were presented from vendors on possible software solutions. To further enhance the internal processes within the Parking department, it was determined that the additional services provided by HotSpot Parking Inc would foster a one stop shop approach as well as streamline contracts to provide services. The additional services offered in the amended agreement referred to as "Enforcement Enterprise" (Exhibit A), will allow the Parking department to use the HotSpot dashboard to manage the processing for all parking tickets, and provide streamlined process flow for court summons of outstanding parking tickets. There is a one time on -boarding cost of $8,000 and a dedicated team devoted to the transition and implementation of this new product. When fully implemented, customers will continue to be able to make payment online and over the phone same day, however this will be done through a HotSpot payment portal and there will be a reduction in the lag time currently experienced due to the use of multiple vendors. Parking ticket information will be available to the Customer Service Representatives as the tickets are issued rather than processed overnight. In addition to efficiencies, the new enforcement product will provide savings in parking ticket supplies. The products outlined in Exhibit B are the services currently managed through HotSpot Parking Inc.'s software system and will continue to be provided with the renewal of this agreement. STRATEGIC ALIGNMENT This report best aligns with the Council priority of Perform, for the creation of efficiencies while remaining accountable and transparent, while adhering to policies and procedures. 13 -3- SERVICEAND FINANCIAL OUTCOMES The amendment to an existing Software license and Service Agreement with HotSpot Parking Inc will be for 5 years. This cost is provided for in the parking department's operating budget. Enforcement Implementation of new $8,000 (one time set up Enterprise services (Exhibit A) cost) Court Summons Process $15,000 annual cost Permit Monthly Parking Permits $15,000 annual cost Management System (Exhibit B) System Residential Parking Permits $3,000 annual cost System (Exhibit B) NFC Gates Gate tap system at Market $3,000 annual cost Square & Peel Plaza Parking Garages (Exhibit B) Total $36,000 annual cost + $8,000 one time set up cost With the implementation of these new services there will be future savings achieved through the ability to provide parking services through one vendor, rather than manage multiple contracts. These savings are anticipated to exceed the one-time costs associated with the implementation of the new products. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The General Counsel Office reviewed and provided input on the agreement and the resolution. The Information Technology (IT) service area has collaborated on this solution and on the report, they have identified no security concerns for the City's IT Network as these Parking services are housed on the vendor's network. ATTACHMENTS HotSpot Parking Inc. — Amendment to existing software license and Service Agreement 14 V HotSpot HotSpot Parking Inc. 515 Beaverbrook Court Fredericton, NB E313 1X6 THIS AMENDMENT No.1 made as of August 161h , 2023 ("Amendment No. 1") BETWEEN HOTSPOT PARKING INC. at 515 Beaverbrook Court, Fredericton, NB, E313 1X6 referred to as "Provider." AND CITY OF SAINT)OHN referred to as the "Customer", of physical locations being: 15 Market Square, Saint John NB, E21- 41-1 Recitals: A. The Provider and the Customer, each a Party and collectively, the Parties, entered into a Software License and Services Agreement, dated May 15t 2018 (the "Agreement") for an initial term between May 15t 2018, to April 301h, 2021, for provisions stated therein. B. The Parties intend to amend the Agreement pursuant to this Amendment No.1. In consideration of the execution of mutual agreements contained herein, and for other good and valuable consideration (the receipt and sufficiency of which is hereby acknowledged), the Parties agree as follows: 1. The date in the Term Section of the Agreement is hereby amended to April 301h, 2028, for a total updated Agreement term of five (5) years. 2. Addition of Enforcement Enterprise, as an additional product and service to the Agreement, offering advanced parking violation enforcement and management capabilities. The Enforcement Enterprise Solution will be available to the Customer for the extended Agreement term until April 30th, 2028, at the costs set forth in Exhibit A, below. Exhibit B references existing products from the original Agreement. 3. A Merchant Processing fee of 2.99% (Hard Cost) applies to remitted parking and citation revenues and a Merchant Processing fee of 2.99% (Hard Cost) applies to remitted transit revenues. 4. Capitalized terms used but not otherwise defined in this Amendment No.1 shall have the meanings specified in the Agreement. 5. This Amendment No.1 is effective as of the effective date first stated above. 6. Except as otherwise stated in this Amendment No.1, all terms and conditions of the Agreement remain valid and in effect for the full duration of the Agreement, as amended through this Amendment No.1. 7. This Amendment is deemed to be an integral part of the Parties' Agreement; if there are any inconsistencies or conflicts between any terms and conditions of the Agreement and this Amendment No.1, the terms of this Amendment No.1 shall prevail. 15 IN WITNESS WHEREOF the parties have signed this Amendment No. 1 on the day, month, and year first stated above HOTSPOT PARKING INC Name: Phillip Curley CITY OF SAINT JOHN Name: Signature: Signature: Title: Head of HotSpot Title: Date: Date: Name: Deepak Darda Name: Signature: Signature: Title: Global Director, Innovation Title: Date: Date: Exhibit A Enforcement Enterprise Cost Breakdown (Additional New Product) # Item Quantity Unit Cost (CAD) Enforcement Enterprise Services Include. - Cloud -based Dashboard LPR Software Unlimited Logins/Users Bilingual Customer Support Upgrades & Maintenance • Batching Tickets • Search Functionality • Integration with ARIS PDF Generation Ticket Lifecycle management Printer Paper (choose one) 1 Onboarding Fee $ 8,000.00 (one time cost) Includes: Implementation Services Custom Ticket Creation By -Law Creation Annual Recurring Cost $15,000.00 per year Online Citation Portal $1.00 per ticket paid 50 (5,000 Tickets) $ 33.51 per roll 100 (10,000 Tickets) $ 24.34 per roll 150 (15,000 Tickets) $ 21.28 per roll 200 (20,000 Tickets) $ 19.76 per roll Sub -Total $8,000 one-time cost $15,000 per year 17 Current Products Cost Breakdown # Item Digital Parking Permits Standard Services Include: In-App, Website & In -Person purchases • Bilingual Customer Support Wait -list, Auto -Renew and Early Bird • Continuous Upgrades & Maintenance • LPR Software for Enforcement • Administrative Dashboard • HotSpot Client Success Lead • Implementation Services (Training, Communication) Onboarding of Existing Permit Data (Over 1000 permits, costs may vary) 8 NFC Gated Solution Services Include: • Tap Functionality for PERMITS • Administrative Dashboard • Bilingual Customer Support Onboarding & Implementation Exhibit B Quantity Unit Cost (CAD) Sub -Total Permit Management System: $15,000 /year $15,000per 1 year - Monthly & Annual Permit Types Residential Permits: $ 3,000/year $ 3,000 per year - ID Verification Application & Approval process for special permit access. 1 Market Square & Peel Plaza Parking Garage: $ 3,000 - $3,000/year per year (5 gates @$50 each x 12 months) Notes: - Taxes are not included and do apply. - Printer and handheld are required (HotSpot will reuse existing hardware when available). - Physical hardware (supplied by HotSpot) is covered under the manufacturer's warranty, verified by HotSpot. - Technical and software issues are supported by HotSpot. iF:1 COUNCIL REPORT M&C No. 2024-015 Report Date January 15, 2024 Meeting Date January 22, 2024 Service Area Utilities and Infrastructure Services Her Worship Mayor Donna Noade Reardon and Members of Council SUBJECT. Public Information Session: St. Paul Steet (Winter Street to End) - Water, Sanitary and Storm Sewer Renewal and Street Reconstruction AUTHORIZATION Primary Author Commissioner/Dept. Head Chief Administrative Officer Holly Young Ian Fogan/Michael Baker J. Brent McGovern RECOMMENDATION It is recommended that this report be received and filed. EXECUTIVE SUMMARY The purpose of this report is to inform Council of the Public Information Session that will be held in relation to the St. Paul Street (Winter Street to End) - Water, Sanitary and Storm Sewer Renewal and Street Reconstruction project. PREVIOUS RESOLUTIONS October 17, 2022: M&C 2022-317 — 2023 and 2024 General and Utility Fund Capital Budget. REPORT The 2023 approved Water & Sewerage Utility Fund and General Fund Capital Programs include projects for the design and construction of water, sanitary and storm sewer renewal, and street reconstruction. The Tender for St. Paul Street closes on January 30, 2024. Construction is expected to begin mid- summer and continue until October 2024. This project will have an impact on the local area during construction. It is for these reasons that staff have decided to hold a Public Information Session to allow local residents and businesses an opportunity to view the project drawings and ask questions about the project. 11111061 -2- The following Public Information Session will be held: St. Paul Street Tuesday, January 23, 2024 3:30 pm — 7:30 pm Interpretation Centre, Rockwood Park 10 Fisher Lakes Drive This report is being provided for the information of Council and to extend an invitation to any Councillors who may wish to attend the Public Information Session. The Public Information Session will be on the City website and a copy of the attached notice will be delivered door to door in the project area. STRATEGIC ALIGNMENT This report aligns with Council's Priorities for GROW, MOVE, GREEN AND PERFORM as the project includes reconstructing a City street that is currently in poor condition while leveraging Other Share funding. SERVICEAND FINANCIAL OUTCOMES The municipal infrastructure on this street is in poor condition and requires replacement. The renewal of the water and sewer infrastructure will reduce the likelihood of future service disruptions to the local businesses and residents. The storm water and sanitary sewer flows will be separated on St. Paul Street, pedestrians will be able to walk on the new concrete sidewalk rather than deteriorated asphalt surfaces, the asphalt road resurface will be new, and grass medians added where possible. The approved 2023 Water & Sewerage Utility Fund and General Fund Capital Programs include funding for the design and construction of the project. Other Share funding for the project will come from the Canada Community Building Fund (CCBF). INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS N/A ATTACHMENTS St. Paul Street (Winter Street to End) - Public Information Session Notice 1491 PUBLIC INFORMATION SESSION 2023-13 ST. PAUL STREET (WINTER STREET TO END) WATER, SANITARY AND STORM SEWER RENEWAL AND STREET RECONSTRUCTION The City of Saint John will be undertaking the renewal of a watermain, sanitary sewer, storm sewer and street reconstruction in the above noted area. The purpose of this project is to provide upgraded infrastructure that is nearing the end of its useful life. The construction activities will include: • St. Paul Street (Winter Street to End) - Renewal of the watermain and sanitary sewer, installation of a storm sewer for separation, and a street reconstruction. • There will be traffic disruptions during the project; however, construction crews and associated traffic controls will be present. As much as possible, local traffic will be permitted. This project is part of the City's on -going commitment to continually improve its infrastructure and is included in approved City of Saint John Water & Sewerage Utility Fund and General Fund Capital Programs. The project is anticipated to begin in mid -summer 2024 and is expected to be completed by October 2024. Representatives from the City of Saint John will be available to answer questions related to the project. The public is invited to drop in anytime during the following period to attend an information session for this project: Date: Tuesday, January 23, 2024 Place: Interpretation Centre, Rockwood Park 10 Fisher Lakes Drive Time: 3:30 pm — 7:30 pm For further information about this project, contact the City of Saint John at (506) 658-4455. 21 SESSION D'INFORMATION PUBLIQUE 2023-13 RUE ST. PAUL (RUE WINTER A LA CUL-DE-SAC) RENOUVELLEMENT DES RESEAUX D'EAU, D'EGOUTS SANITAIRES ET D'EGOUTS PLUVIAUX ET RECONSTRUCTION DE LA RUE The City of Saint John entreprendra le renouvellement des reseaux d'eau, d'egouts sanitaires et d'egouts pluviaux ainsi que la reconstruction de la rue dans la zone susmentionnee. L'objectif de ce projet est de moderniser les infrastructures qui arrivent a la fin de leur vie. Les activites de construction comprendront: • Rue St. Paul (Rue Winter a la cul-de-sac) — Renouvellement des conduites d'eau, des egouts sanitaires, des egouts pluviaux et reconstruction de la rue. • La circulation sera perturbee pendant le projet; toutefois, des equipes de construction et des controles de circulation seront presents. Dans la mesure du possible, la circulation locale sera permise. Ce projet s'inscrit dans le cadre de 1'engagement permanent de la ville a ameliorer continuellement son infrastructure et est inclus dans Ies programmes d'investissement capitaux pour Ies services d'eau et d'egouts, ainsi que dans Ies fonds generaux approuves par la ville de Saint Jean. Le projet devrait debuter a milieu de 1'ete et s'achever en octobre 2024. Des representants de The City of Saint John seront disponibles pour repondre a vos questions relatives au projet. Le public est invite a venir assister a une seance d'information sur ce projet a tout moment pendant la periode suivante: Date: mardi, le 23 janvier, 2024 Lieu: Centre d'interpretation, Parc Rockwood 10, promenade Fisher Lakes Heure: 151130 — 19h30 Pour obtenir de plus amples renseignements sur ce projet, veuillez communiquer avec The City of Saint John au (506) 658-4455. WA COUNCIL REPORT M&C No. 2024-018 Report Date January 17, 2024 Meeting Date January 22, 2024 Service Area Utilities and Infrastructure Services Her Worship Mayor Donna Noade Reardon and Members of Council SUBJECT: Public Space at Market Slip — HVAC, Mechanical, Electrical & Sprinkler Installations for New Enclosed Patios AUTHORIZATION Primary Author Commissioner/Dept. Head Chief Administrative Officer Gerald Mattsson Ian Fogan/Michael Baker Brent McGovern RECOMMENDATION It is recommended that: A) The value of Contract 2022-081201T: Public Space at Market Slip & Harbour Passage Extension previously awarded to Maxim Construction Inc. on August 22, 2022 & April 3, 2023 (value of original contract increased for added scope), be increased from $15,396,716.99 (including HST) to $16,283,793.18 (including HST) based on the additional scope of work added to the contract as detailed in this report; and B) The Mayor and City Clerk be authorized to execute any necessary documentation in that regard. EXECUTIVE SUMMARY The purpose of this report is to recommend that Council increase the contract value of the Public Space at Market Slip & Harbour Passage Extension project to address the increased scope of work added onto the project (i.e. installation of the enclosed patio HVAC including foundations, patio decking, underground piping, mechanical, sprinkler, natural gas and electrical). PREVIOUS RESOLUTIONS M&C 2021-051: February 22, 2021 — Utility and General Fund — Revised 2021 Capital Programs approved. W -2- February 22, 2021: M&C 2021-045 - Architectural Services: Loyalist Plaza & Fundy Quay Harbour Passage Extension, approved. December 20, 2021: M&C 2021-366 - Contract 2021-083001T: Public Space at Market Slip — Site Demolition, approved. August 22, 2022: M&C 2022-272 - Final Contract Value 2021-083001T: Public Space at Market Slip — Site Demolition, approved. August 22, 2022: M&C 2022-273 — Contract 2022-081201T: Public Space at Market Square & Harbour Passage Extension, approved. April 3, 2023: M&C 2023-089 —Public Space at Market Slip —Supply of Thermal Wood Handrail and Stainless -Steel Posts & Accessories, approved. REPORT The approved 2023 General Fund Capital Program includes a project for the supply and installation of an HVAC System for outdoor patio at Market Slip, including design & construction. Council awarded Maxim Construction Inc. the contract to construct the Public Space at Market Slip & Harbour Passage Extension as well as added the scope to supply the thermal wood handrail and stainless steel posts and accessories in August 2022 & April 2023, respectively. As the design for an HVAC, mechanical, and electrical system for the enclosed patios was not completed at the time of the original tender, this work was not included in the awarded contract. Maxim Construction Inc. (Maxim) is currently completing the installation of the enclosed patios and has control over the entire project site. Awarding this work via a competitive bid process would cause additional financial difficulty to the current restaurants as the work could not start until Maxim completed their installation work within their original contract. As a result, Maxim was issued contemplated change orders for pricing to (1) complete excavation, underground ventilation piping, and concrete foundations; (2) supply and install patio decking over top of the HVAC unit, and (3) complete required mechanical, sprinkler, electrical, and natural gas connections. Maxim and its subcontractors provided quotations that were reviewed for fairness and completeness by the designers (Glenn Group and its subconsultants). After review and negotiations, the cost to perform this work was finalized at (1) $121,806.91 including HST, (2) $72,829.57 including HST -3- and (3) $692,439.71 including HST, respectively. The total value of all three components is $887,076.19 including HST. STRATEGIC ALIGNMENT Market Slip & Harbour Passage Extension is a catalytic project that aligns with Council's priorities including GROW, MOVE, GREEN, AND BELONG. SERVICEAND FINANCIAL OUTCOMES The work includes supply and installation of materials that will be charged against the 2023 General Fund Capital Program. Assuming acceptance of the proposals, an analysis has been completed which includes the estimated amount of work (including purchasing required materials) that will be performed by the Contractor, Suppliers, and Others. Of note an allowance has been included in the project net cost value below for estimated architectural changes due to mechanical and electrical tie ins as well as life safety items. The analysis is as follows: Budget $ 500,000.00 Project Net Cost $1,303,639.00 Variance (Shortfall) ($ 803,639.00) This projected shortfall ($803,639) is proposed to be addressed by the already approved Common Council recommendation as part of M&C 2023-098. M&C 2023-098 approved the transfer of up to $2 million dollars from the General Fund Capital Reserve to 2023 General Fund Capital projects requiring additional funding as part of an overall plan to allow overages to be offset with available funding. A comprehensive review of the overall funding for the Market Slip and Fundy Quay projects is being undertaken and it is expected that a report will be before Council in the coming months to update Council on overall costs for the project. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Supply Chain Management was consulted with respect to the contract revisions contemplated in this report. The New Brunswick Procurement Act and Regulation 2014-93 permit procuring entities to enter directly into mutual agreements with suppliers in situations of this nature as follows: "158(2) So long as a procuring entity is not doing so for the purpose of averting competition among prospective suppliers or for the purpose of discriminating against a prospective supplier, a procuring entity may enter into a procurement W -4- contract with a prospective supplier by mutual agreement in order to procure the following goods or services: (i) goods or services resulting from additional deliveries by the original supplier of goods or services that were not included in the initial procurement, if a change of supplier for additional goods or services (i) cannot be made for economic or technical reasons such as requirements of interchangeability or interoperability with existing equipment, software, services, or installations procured under the initial procurement, and (ii) would cause significant inconvenience or substantial duplication of costs for the procuring entity." Supply Chain Management are of the opinion that a change of supplier at this point would cause significant inconvenience and substantial duplication of costs and, as such, support the recommendations being put forth. The City's Finance Department has reviewed this report and agree with the recommended approach for addressing the projected shortfall. ATTACHMENTS N/A OUI COMMON COUNCIL REPORT M&C No. 2024-017 Report Date December 20, 2023 Meeting Date January 22, 2024 Service Area Strategic Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT. 2024 Insurance Renewal AUTHORIZATION Primary Author Commissioner/Dept. Head Chief Administrative Officer Gabriel Fabiyi Kevin Fudge/Jodie Forgie J. Brent McGovern RECOMMENDATION It is recommended that Common Council authorize to bind the insurance coverage with BFL Canada Risk and Insurance Services Inc, through our Agent of Record, JM & CW Hope Grant Ltd. and approve the maximum payment of $1,918,391 detailed below. Insurance Premiums of $1,884,891 Agreed Agency Fee of $32,000 BFL Canada Fee $1,500 Payable to JM & CW Hope Grant Ltd. $1,918,391 EXECUTIVE SUMMARY The insurance market environment in 2023 witnessed high insurance premiums due to inflation pressure, rising catastrophic events, labor challenges and high cost of rebuilding materials and supply chain issues. The insurance renewal premium reflects an overall increase of 7.95% over the 2023 premium which is partly driven by average inflationary rate of 7% in 2023, increase in the city property value, 10 years average claims history opposed to 5 years, and 8 additional police emergency vehicles added to Auto fleet. The increase in premium is within the projected market average of +5% to +20%. Once the renewal request is approved, insurance cost will be allocated to various participating agencies, boards, or commissions. Property and auto premiums are charged to various department budgets based on the allocated property and vehicle assigned to each department. In continuation of cost saving initiative, the city through the Internal Audit function commenced the reinvestment into the Enterprise Risk Management (ERM) program in 2023. ERM will be managed and used to identify the city top WA -2- risks and define countermeasures that will mitigate surge in insurance claims and liability. There have been reduced number of insurance companies that are willing to cover municipality liabilities due to municipal regulations and exposure complexities. The ongoing ERM program will provide better feasibility around the city top risks and prepare us for request for proposal (RFP) in the future. To cover the city risk, 2024 Insurance Policy renewal is a direct engagement through our Agent of record. REPORT The following table provides the information on the insurance renewal coverage limits and premiums with a comparison to 2023. Our rating experience continues to be in the preferred group according to our insurer and Risk Management approach. The premium increases are largely reflective of the broader insurance market and given the City's good loss experience, there may be opportunities to further optimize the insurance purchase to provide better return for taxpayers. Limits for Limits for 2023 2024 Coverage 2023 2024 Premium Premium General Liability (including Excess and Environmental) 50,000,000 50,000,000 525,662 552,049 D&O (Aquatic Centre) 2,000,000 2,000,000 5,025 5,025 Crime 1,000,000 1,000,000 4,696 4,931 Cyber Liability None None 3,170 Nil Owned Automobile 50,000,000 50,000,000 604,305 644,024 Property and equipment 475,885,349 514,311,674 547,279 619,584 breakdown Transit Excess 60,000 59,278 Agency fee 33,500 32,000 BFL Canada fee 1,500 1,500 Total $1,785,137 1,918,391 Changesfor2024 Below analysis provides further information about changes in the significant insurance categories: cyber, property, automobile, and transit premium. 4.11 -3- Cyber Liability The city will continue self-insurance of cyber risk as the cost of cyber insurance is still very high. The City is well prepared with the investments made in cyber defense and currently maintains annual reserve for contingency instead of paying for insurance that may not fully cover the cyber exposures. The Risk Management unit will continue to monitor the risk level while we are exploring the insurance market for better coverage and value for money. Property Premium The City's total value of property insured has changed from $475,885,349 to $514,311,674. The combined effect of increases in property value and an average rate of inflation in 2023 yields an overall premium increase of 13% instead of 16% recorded in 2023. This is within the anticipated Canadian market average increase of +5% to +20% for municipality properties. The Insurer noted that this is mostly due to market conditions where the annual cost of catastrophic event has risen from $302.3 Million in 2001 to $3.1 Billion in 2022. Supply chain issues and high inflation rate have negatively impacted the cost of building or replacing municipal assets. These factors led to an increase in property coverage premium. Automobile Premium The owned automobile rate for individual vehicle classes (fire, police, non - emergency etc.) have all increased by approximately 6.6%. Considering an additional 8 police emergency vehicles (by insurance standard), the premium trend is aligned with applications of automobile insurers where total replacement cost of automobiles and previous claims drive up cost of insurance renewal. Transit A specific Transit Excess Insurance premium that was imposed in 2022 at a premium of close to $120,000 and was reduced to $60,000 in 2023. The city further recorded 3.7% premium saving in 2024 insurance renewal and Excess Transit Automobile premium currently stands at $57,778. This reflects various risk management initiatives and efficient management of auto claims. Insurance as Risk Mitigation Strategy The Enterprise Risk Management (ERM) project is currently ongoing and due to be completed in 2024. The goal of a successful Enterprise Risk Management program is to identify and mitigate top risks that may impair strategic objectives and operations of the city. The ERM program will provide more clarity around some areas of concerns that require internal efforts to reduce insurance claims/accidents and evaluate the cost/benefit of continuing to seek insurance or look at other risk mitigation techniques like self-insurance and using a reserve to soften large losses. We%] -4- A comprehensive ERM program will enhance the ability to identify top risks, establish appropriate mitigation response, define risk tolerance, enhance business resilience, efficient allocation, and utilization of city resources. Internal Audit Now that internal audit is connected to risk management and insurance functions, this will create a synergetic approach and better risk management in 2024. STRATEGIC ALIGNMENT This expense is necessary to continue to protect the City's Economic Health and to protect City assets. SERVICEAND FINANCIAL OUTCOMES The premium for the renewal of the City of Saint John insurance policy for 2024 is $1,918,391 plus applicable taxes. This represents a $133,254 increase in premiums paid from last year. The proposed 2024 premium for insurance renewal includes insurance brokerage and Agent of record fees. There is no significant difference in this renewal as the liability coverage and deductible amount remains the same as last year. The Insurance cost has been provided for in 2024 operating budget. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Finance, Fleet and Transit, IT, Public Works, and necessary stakeholders have been consulted and supportive in the preparation 2024 Insurance Policy renewal. ATTACHMENTS N/A 10191 IT JcArlil COMMON COUNCIL REPORT M&C No. 2024-025 Report Date January 17, 2024 Meeting Date January 22, 2024 Service Area Public Works and Transportation Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT. Vehicle for Hire By-law Change AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Kevin Loughery / Charles Freake Michael Hugenholtz / Ian MacKinnon J. Brent McGovern RECOMMENDATION It is recommended that Common Council: a) Endorse a permanent adjustment to a ten (10) year age limit for a Taxicab. The age limit would move from eight (8) years to ten (10) years of age starting with 2015 vehicles. b) Request that the General Counsel's office make the appropriate changes, to the Vehicle for Hire By -Law. EXECUTIVE SUMMARY In 2018, the Saint John Transit Commission, on behalf of the City of Saint John assumed responsibility of the day-to-day administration of the Vehicles for Hire By-law. As per the bylaw; "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 "B" to this By-law. Such notice shall state its purpose and provide to any interested party an open period of thirty (30) days within such interested parties may provide written submissions respecting whether schedule "B" should remain unchanged or be amended and, if the latter, identify what amendments would be in order together with supporting rationale." Schedule "B" relates to the provisions applicable to taxicabs and the metered rates in accordance with the parameters prescribed in this schedule to the By - Law. This year a submission was received, outside the above mandate, respecting the age of the vehicles during this process and the Transit Commission recommended it be brought forward to Common Council. Covid-19 has forced significant changes to all businesses across the world, including the taxi industry. As a result of these continued challenges, the age amendment is being suggested to help alleviate the negative impact on the taxi industry and provide some relief respecting the age of vehicles. PREVIOUS RESOLUTION N/A REPORT Covid-19 has significantly impacted virtually every industry in the world, with many still reeling from its effects almost four years later, including the taxi industry. Factory shutdowns due to COVID-19 made for widespread shortages of parts, filtering down to a historic lack of finished vehicles for sale on dealer lots. Additionally, the costs of passenger vehicles have seen a significant increase with an uneasy equilibrium between supply and demand and long delivery times. Initially, semiconductors were in acutely short supply, a situation that impacted the availability of everything from iPhones to fridges and cars. Auto manufacturers focused on using these limited resources to produce larger, more expensive, and more profitable vehicles, instead of cheaper entry level sedans with lower margins. While the semiconductor shortage is subsiding, it is still affecting supply, and in the interim, the price of everything from copper and aluminum to rubber, steel and labour is sharply higher than previously. An opportunity exists whereby the Vehicle for Hire By-law could be amended to provide relief, because of these challenging times. The Vehicle for Hire By -Law has the following criteria that should be permanently adjusted: Section 10(1)(i), paragraph (iii) states, "in 2020 and all subsequent years, eight (8) years old or newer." It is recommended that for 2024 and all subsequent years that all taxis that are eight (8) years of age, can now be ten (10) years old or newer. This would mean, when taxi licenses are renewed in 2024, 2015 cars will not have to be removed and could be entered into the business. STRATEGIC ALIGNMENT One of Councils Priorities is to "Grow". Amending the Vehicle for hire By-law supports the notion that Saint John wants to ensure the retention of businesses, K3J which supports the creation of job opportunities. SERVICEAND FINANCIAL OUTCOMES Financially, the amendment to the Vehicle for Hire By -Law has zero negative impact on the City of Saint John. Notably, the permanent change to the age of the taxi will provide financial relief to those working in the Taxi Industry, during the current downturn in the industry and into the future. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The input from the taxi industry is incorporated into this report. ATTACHMENTS N/A COUNCIL REPORT M&C No. 2024-008 Report Date January 15, 2024 Meeting Date January 22, 2024 Service Area Utilities and Infrastructure Services Her Worship Mayor Donna Noade Reardon and Members of Council SUBJECT. Community Development Fund Agreement: City of Saint John — Harbour Passage Expansion AUTHORIZATION Primary Author Commissioner/Dept. Head Chief Administrative Officer Kevin O'Brien Ian Fogan/Michael Baker J. Brent McGovern RECOMMENDATION It is recommended that the City enter into an Agreement with the Regional Development Corporation (RDC) for funding under the Province of New Brunswick Community Development Fund for funding for the City of Saint John — Harbour Passage Extension project in the form and upon the terms and conditions as attached; and that the Mayor, CAO and City Clerk be authorized to execute the said Agreement. EXECUTIVE SUMMARY The purpose of this report is to seek Council's approval to enter into an Agreement with RDC for funding under the Province of New Brunswick Community Development Fund for the construction of the Harbour Passage Extension on Sydney Street from Broadview Avenue to Tin Can Beach. PREVIOUS RESOLUTIONS May 30, 2022: M&C 2022-191; Utility Fund (Revision 1) and General Fund (Revision II) — 2022 Capital Programs, approved. October 3, 2022: M&C 2022-308 — 2022 Bilateral Program Projects — Reserve Funding & Pre -Approval of 2023 Utility Program Funding, approved. October 17, 2022: M&C 2022-317 — 2023 and 2024 General and Utility Fund Capital Budget, approved. November 14, 2022: M&C 2022-343 —Traffic By-law Amendment Sydney Street (Broadview Avenue to Vulcan Street) — Removal of Alternate Side On -Street Parking, 1st and 2 n d readings approved. W -2- July 24, 2023: M&C 2023-183 — Contract 2022-17: Sydney Street (Broad Street to Tin Can Beach) — Street Reconstruction and Harbour Passage Extension, contract awarded. October 3, 2023: M&C 2023-219 — Traffic By-law Amendment Sydney Street (Broadview Avenue to Vulcan Street) — Removal of Alternate Side On -Street Parking, 3rd reading approved. REPORT The City of Saint John has been approved for a financial contribution in the amount of 40% of the eligible expenditures or $428,000 toward the construction of the Harbour Passage Extension on Sydney Street from Broadview Avenue to Tin Can Beach. As per the agreement, the project must be completed, and all claims received by RDC by March 31, 2024. The project will result in the following benefits: • Improved multi -use infrastructure — extending the existing Harbour Passage multi -use trail to include beach access and creates a safer and more pedestrian friendly environment. • Aesthetic and ecological upgrades — integration of street trees, planting beds, benches and bike racks aligns with Council's GREEN focus. These elements elevate the visual appeal of the area. • Economic boost and tourism — carefully designed trail route serves as part of the tourist attraction for the City, bringing visitors who contribute to the local economy by spending on accommodations, dining and other services. STRATEGIC ALIGNMENT The report aligns with Council's priorities for GROW, MOVE, GREEN, BELONG and PERFORM, as the project involves the extension of the Harbour Passage multi -use trail from its current terminus at the Broad Street/Sydney Street intersection along Sydney Street to Tin Can Beach. In addition, the City obtaining Other Share funding is fiscally responsible as it leverages available City funding to construct the extension of the Harbour Passage multi -use trail. K11.1 -3- SERVICEAND FINANCIAL OUTCOMES The City of Saint John will receive a total financial contribution in the amount of 40% of the eligible expenditures or $428,000 toward the Harbour Passage Extension portion of the project. The City's approved 2022 Capital funding for this portion of the overall capital project was $635,000 of Canada Community Building Fund Funding (CCBF) along with $315,000 of City Share funding. As the City was successful in receiving RDC funding for this work the city will use the required CCBF funding to make up the City's 60% Share of expenditures. As a result, the City will be saving all of the City Share funding as well as some of the CCBF Funding originally allocated to this project. The City Share General Fund savings of $315,000 will be used to offset future Capital shortfalls while the CCBF funding that is saved will be reallocated to other future Capital projects. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The Community Development Fund letter has been reviewed by the General Counsel's office. The financial breakdown of the funding was reviewed by the City's Finance Department, and they are in agreement with how this portion of the project will be funded. ATTACHMENT 1. Project No.: 16906 - Agreement with the Regional Development Corporation for funding under the Province of New Brunswick Community Development Fund for the City of Saint John — Harbour Passage Extension project. KYl New�7__Nouveau Brunswick C A N A D A December 13, 2023 Her Worship Donna Reardon Mayor of The City of Saint John P.O. Box 1971 15 Market Square Saint John, New Brunswick E2L 41_1 SUEJECT: Project No.: 16906 Project Name: The City of Saint John — Harbour Passage Extension Dear Mayor Reardon: We are pleased to inform you that the above -noted project has obtained support from the Regional Development Corporation (RDC). A financial contribution up to $428,000 for The City of Saint John (the Applicant) has been approved for this project. Eligible costs and funding for this project are described in Appendix A. Reimbursement Procedures Claims for reimbursement of the contribution must be supported by copies of invoices and proof of payment of those invoices on forms herein provided. Electronic copies may be obtained at: www.gnb.ca/rdc. All payments will be made by electronic funds transfer. Please complete the attached Direct Deposit Service form. All claims must be received by RDC on or before March 31, 2024. Regional Development Corporation/Soclet6 de developpement regional P.O. Box/C.P. 6000 Fredericton New Brunswick/Nouveau-Brunswick E3B 5H1 Canada IN Page 2 Terms and Conditions No public announcement of funding or milestone events such as official openings and ribbon -cuttings shall be made by the Applicant without the prior written approval of RDC. 2. The Applicant shall not change the project scope, purpose or eligible costs without prior written approval of RDC. 3. RDC may refuse further disbursements if there is a materially adverse change in the financial position of the Applicant or status of the project. 4. The Applicant shall not sell or dispose of any assets purchased under this agreement for a period of 36 months following the completion of this project without prior written approval from an authorized representative of RDC. 5. The Applicant shall keep, for 36 months following project completion, all accounting books, records and statements pertaining to project costs and make these available for auditing and provide any statistical data required by RDC. 6. The Applicant shall allow any authorized representative of RDC reasonable access to the project site(s) and information. 7. The Applicant shall indemnify and save harmless the provincial government from and against all claims, demands, losses, damages, costs of any kind based upon any injury to or death of a person or damage to or loss of property arising from any willful or negligent act, omission or delay on the part of the Applicant or its servants or agents in carrying out the contract. 8. The Applicant must adhere to all labour and environmental laws and regulations. 9. No Members of the Legislative Assembly, their staff, or their immediate family members shall be a party to this project or derive any benefit arising therefrom. 10. Information and documents provided to RDC may be subject to release under Right to Information and Protection of Privacy Act. 11. RDC acknowledges the obligation to make the required payments under this agreement. However, payment of this contribution is subject to appropriation of sufficient funds by the legislature of the Province of New Brunswick. 12. Any costs incurred prior to April 1, 2023 are not considered eligible expenses under this offer. icy] Page 3 If you are in agreement with the terms and conditions of this offer, please sign and return it and your Direct Deposit Service form to RDC at rdc-sdr(cD-gnb.ca. Please note that failure to do so within 45 days renders this offer null and void. All inquiries with respect to the project are to be forwarded to Francine Scott at 476-0608 or francine.scott@gnb. ca. We look forward to the successful completion of this project. Sincerely, _. Cade Libby President Enc. CC.' Hon. Arlene Dunn, MLA Saint John Harbour Francine Scott, Project Executive This offer accepted on behalf of The City of Saint John for Project: 16906 — Harbour Passage Extension Mayor: City Manager: Date: Appendix A Project 16906 The City of Saint John — Harbour Passage Expansion Total Approved Contribution 2023-2024 Community Development Fund Project Total Regional Development Corporation will reimburse 40% of eligible costs up to the total approved contribution. Eligible Cost(s) $428,000 $428, 000 Storm sewer infrastructure $98,800 Adjustment of structures $2,300 Concrete curb & sidewalk $103,542 Road work $244,372 Landscaping $38,375 Street lighting $221,900 Misc. (fencing, benches, bike racks, etc.) $140,977 Contaminated soils $78,750 Consulting fees $99,340 HST (28.57%) $44,070 Total $1,072,426 The portion of Harmonized Sales Tax (HST) refunded by Canada Revenue Agency is considered ineligible. !II Regional Development Corporation Claim No: BNew,4, Nouveaurunswick E3B 5H1 runswick P.O.POBox 6000, Fredericton, New Community Development Fund Final Claim: List all eligible project costs with invoices and cheque numbers on this form. Include a copy of each invoice and proof of payment. Failure to record and support each cost will cause a delay in processing. Project Number: Project Narne: 16906 The City of Saint John -Harbour Passage Expansion Description of costs Name of Supplier Cheque No. Cheque Amount Invoice Total HST Total Eligible & supported costs (total -HST refund) % of HST refunded by Canada Revenue Aaencv 22.33% - university ® 50% - non-profit organization 100% - other ®0% - none 71.43% - municipality F1 The undersigned hereby certifies that: a. the invoices above represent eligible project costs that have been paid in full and the work completed; and b. no other public financial assistance has been received or is to be received for the part of the project against which this reimbursement is claimed. i Signature Print Name Date Title Company Telephone Eligible & supported costs Less. previous advance Add. current advance L--CITYSJ Vendor 122820-14-14 122320-14-14 Payment request For office use only elaim Reviewer Project Officer Payment Authority 4275 account Date Date Claim Auditor _►1P CA l b0 i i • • � � � 4 i7+ 4 �� (fQ =� UQCDG y O� O CD u Ga. CDTQ ° ° 'CSCD N C.('> CD in O O rL go �s �. CD O CD � ,7d nD 0 Q O C CD CD CD CD CD "Q'! (JQ Q n C CDCD ° C <D C O 0 O 9 CCD' .'- rA dQ O CD CD . o .FD CD y CD A CD G � v� � y °^C or•b CD CD ° CD 0 �cs CD m K 0 fD NrA EA Cr o U. p o a A- C) CD p, O O �. p rA p co p eDpd �"'t• CD a+ A � CD � co CND CD. O• �; 0 0 CD OpQ CJ o' ego rr� 0 CD ¢3 CD 0 I CD 0CDr. Q n' a.3 QCD � r. . CD eD n o CD o ° ¢' y CD ° Q ^ 0. ll 0 A H oI co �O C r :1G] COMMON COUNCIL REPORT M&C No. 2024-13 Report Date January 16, 2024 Meeting Date January 22, 2024 Service Area General Counsel Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT. Initiate Stop -Up and Closure for a Portion of Red Head Road and Hewitt Road AUTHORIZATION Primary Author Commissioner/Dept. Head Chief Administrative Officer Curtis Langille Melanie Tompkins J. Brent McGovern RECOMMENDATION 1. That the Public Hearing to consider the passing of an amendment to the Street Closing By-law to Close a portion of Red Head Road, having an area of 1,441 square meters and a portion of Hewitt Road having an area of 695 square meters, as shown on a Plan of Survey titled, "Plan of Survey Showing portion of Red Hed Road and Hewitt Road, City of Saint John, Saint John County, New Brunswick" (attached), be set for Tuesday, February 20, 2024 at 6:30 p.m. in the Council Chamber; 2. That Common Council authorize the publishing of a notice of its intention to consider the passing of such By-law, identified above; 3. That, if Common Council gives Third Reading to the proposed By -Law Amendment as noted above that the City sell the property to Ronald and Brenda Daigle for a purchase price of $2,400.00 plus H.S.T. if applicable, and that the purchaser be responsible for: a. any plan of survey required to initiate the process for the stop -up and closure for a portion of Red Head Road and Hewitt Road; and b. any fees or administrative processes to effect the conveyance of the property. 4. That the Mayor and City Clerk be authorized to execute any documents necessary to effect the transaction. EXECUTIVE SUMMARY The owners of the property located at 1530 Red Head Road have requested that the City of Saint John convey two portions of public street, one being Red Head Road, having an area of 1,441 square meters and Hewitt Road having an area of 695 square meters for the purpose of consolidating it with their adjoining property. The two areas of public streets being proposed for stop up and closure are no longer travelled by the public, are landscaped, and serve no benefit to the -2- developed portions of the two streets. They are remnant sections of right-of-way stemming from the reconfiguration of the intersection of Red Head Road and Hewitt Road when Red Head Secondary Access Route was developed. The purpose of this report is to seek Council's approval to initiate the stop -up and closure process and seek Council's approval to sell the lands to the adjoining property owner if the decision is made to stop up and close the street. PREVIOUS RESOLUTION N/A REPORT The owners of the property located at 1530 Red Head Road have requested that the City of Saint John convey two portions of public street, one being Red Head Road, having an area of 1,441 square meters and Hewitt Road having an area of 695 square meters for the purpose of consolidating it with their adjoining property. These portions of the streets being proposed for closure are currently unused portions of the street right-of-way and are landscaped. They have not been used as a public right-of-way since Red Head Road was reconfigured to intersect with Hewitt Road during the Red Head Secondary Access project. Public Works and Transportation are supportive of the request to close these two areas of unused street right-of-way as they serve no purpose to the continued maintenance or operation of these two streets. There is no other public infrastructure on the lands to be conveyed and staff are supportive of the request from the adjoining property owners. STRATEGIC ALIGNMENT This report aligns with the City's priority of Perform and Grow. SERVICEAND FINANCIAL OUTCOMES The proponent will be responsible for all costs related to the process to consider a stop -up and closure for the two portions of street right-of-way. As the area intended to be conveyed is only capable of being used for additional landscaped area, a nominal value for these two areas of $2,400.00 would be paid to the City. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Public Works and Transportation have indicated there is a municipal ditch in this area that would need to be maintained. This surface drainage system and suitable surrounding land for future maintenance of the ditch is not within the area to be considered for closure. ATTACHMENTS 1. Location map; and 2. Plan of Survey. :111 ?—"Iged vAead-F, II , ed tie ff E �.I. 0 a c X laQ m' m N o 72° 6 i;gm mE� o�` E Tmz°EEC Na2v _ y Z ' z � S 2 S � C vC oE�E�a pO rnnnnnn p���Lp mUl o G a Z w d O* �• -E E v O (\ 9 _ �E Y 7 C O N c co a pw N U a$ `•�- 6 G c, o 3 a a E W E o . a o m E z o a a a E m C L 3 C.) O a.oK 3 c nl ro- 3 a 14, �. >7 01 m .tt ��.. "'. 5traetJGocUNe Pvpr4ves SQ., fir+, \ \` �Oa..i Qd d Red He '9 34e rue _-- \ g € eo= iA =0 F— �eppoow'oop�ao� 9 � o� v e W gggs� .Q�p¢'egi _ tJ 8 N Q t O COUNCIL REPORT M&C No. 2024-019 Report Date January 16, 2024 Meeting Date January 22, 2024 Service Area Public Works & Transportation Her Worship Mayor Donna Reardon and Members of Common Council SUBJECT. Heather Way Resurfacing/Reconstruction OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head Chief Administrative Officer Michael Hugenholtz Michael Hugenholtz J. Brent McGovern RECOMMENDATION It is recommended that Common Council approve the recommendation to proceed with the resurfacing of one half of Heather Way and close off the other side of the median with temporary barricades as outlined in M&C 2024-019. EXECUTIVE SUMMARY Asphalt resurfacing was scheduled for Heather Way in 2021 but was postponed due to questions from Councillors about options for road diets and active transportation opportunities. Since that time numerous options have been explored, and staff have returned to Council with a recommendation most recently in November 2023 which was not supported. It is clear that after several debates at Council, and follow-up discussions with individual Councillors that there remains an interest in consolidation of traffic on one side of the median. Staff are recommending that resurfacing of one side of the road proceed in 2024 to protect the asset in accordance with our pavement management program, and that the other side be blocked of with precast concrete barricades until a permanent solution can be devised and implemented. REPORT Background Heather Way is a four -lane roadway in East Saint John running between Hickey Road and Grandview Avenue . It is built with two vehicle lanes in each direction !E:3 -2- separated by a centre median and a fifth lane in breaks in the median for left - turning traffic (similar to University Avenue). There are residential neighbourhoods to the east and west of this road and is made up predominately of single family homes and townhouses. This differs slightly from the University Avenue corridor in that regard as the latter is part of the Campus -Harbour Connection (designated cycling route) and see a much higher volume of traffic including commercial driveways and anchored by the University and Regional Hospital. Based on the measured traffic volumes on Heather Way, a two-lane road has sufficient capacity to offer a good level of service for vehicle traffic for the foreseeable future. There is a concrete sidewalk on both sides of the street, separated from traffic by a grass median. Our Move SJ Cycling strategy does not identify the need for a cycling route along Heather Way. There are no cycling facilities on either Grandview Avenue or Hickey Road. Public Consultation City staff held a virtual community meeting on June 30, 2021 to solicit feedback from the local residents on potential options for re -imaging this street. Only five community members participated in the meeting. The virtual meeting was also saved and provided on the City's website following the meeting with a further 23 community members providing feedback via e-mail. The meeting included a presentation by City staff where context and a series of potential options for Heather Way's layout with pros and cons of each were provided to help generate discussion and feedback. During the community meeting there was no consensus on what, if any changes, should occur for Heather Way. There were suggestions related to closing a portion of the street temporarily for community events. Some concerns were expressed with reducing space for vehicle traffic during limited times where major work is scheduled at the near by Irving Oil refinery. Some comments related to improving Active Transportation beyond Heather Way were provided. Similarly, there was no consensus on a single approach among the 23 written e- mail responses. There were some who did appear to consolidate on the idea of buffered bike lanes if an option were chosen to add cycling facilities. However, there were others who commented that spaces should be maintained as is for motorists with some indications that improved pedestrian crossings, as opposed to cycling facilities, should be the focus. It appeared some respondents may have had a stronger opinion that cycling infrastructure should be added if it connected to a broader cycling route, which it does not. !Loll -3- In summary, there was not a general consensus from feedback provided at the meeting or in follow-up correspondence on what, if any changes to Heather Way, should be implemented. Options Considered Status Quo: this would see the road resurfaced and all lanes remain dedicated to vehicle traffic. The cost to resurface all four lanes would be approximately $630,000 based on updated pricing. It is anticipated that this would be a recurring cost every 15-20 years. Addition of Bike Lanes: this option would see the full road resurfaced and one lane in each direction designated as a buffered bike lane. This would be similar to the approach taken on University Avenue but without the delineators or removable bollards. There would be some modest costs associated with installing signage and the annual painting of bike symbols. The presence of bike lanes will also have a traffic calming effect by reducing vehicle lanes from two to one in each direction. This is not aligned with Move SJ and would not connect in to a larger network. 'Green' One Side of Road: this option would see all vehicle traffic moved to one side of the existing median, with the other side being turned into greenspace. The scope of work would include: • Removal of existing asphalt, curbs, and catch basins on one side of the median • Adjust manholes, valve boxes and other structures to new elevation • Place new topsoil and hydroseed • Adjust catchbasin locations, construct new curb at location of cross streets This option would require a one-time investment of $1.3 million. This is reflective of the high tender prices received in recent construction tenders. There would be savings from having to resurface the asphalt on two lanes: approximately $315,000 every 15-20 years. In addition to the capital cost implications, the various options for this area also have differing cost implications for the long term. When we look at costs on a macro level the cost for winter and summer maintenance on our streets is approximately $12,000/lane-km, or a total of $24,000 for the street on one side of the centre median. These costs are not very scalable however, and it is likely that the only hard dollar savings would be in consumables (Le asphalt, fuel) which would be very minor. Whatever the ultimate treatment of the abandoned right- of-way, there would likely be some maintenance costs that would offset any savings. Redevelopment or Sale of Right -of -Way: Staff looked at the option for the sale or redevelopment of the remaining right-of-way should traffic be consolidated on 67i] -4- one side of the median. In speaking with both Growth & Community Services and our Real Estate teams this is not seen as a viable option. The lot depths in the nearby neighbourhood varies between 30 — 40m, whereas the remnant right-of- way has only a depth of 10-12m. There are also underground infrastructure in place which would limit the ability to make effective use of the remaining space. For this reason this options has been ruled out as being impractical. Interim Measure (RECOMMENDED): This option would see the street on the east side of the centre median abandoned, with the traffic consolidated on the remaining side. The east side would be blocked off using signage and precast barriers at an estimated one-time cost of up to $50,000. Staff would try to minimize this cost by redeploying barriers from elsewhere. Staff would re-engage with the local community in another attempt to generate options for the creative use of the abandoned street. Staff would also engage with ACAP and other stakeholders to generate additional options for the ultimate treatment of this area. This option would crystallize the savings from not resurfacing half of the roadway while keeping all options on the table for future investment. If there was strong community consensus for the treatment of this space staff would return to Council for endorsement at a later date, and refer the project to the capital planning process. STRATEGIC ALIGNMENT This report best aligns with Common Council's priority of Perform. SERVICEAND FINANCIAL OUTCOMES The resurfacing of the west side of Heather Way will be done as part of our annual street resurfacing program which is jointly funded through our 2024 General Capital Budget and the 2024 General Operating Budget. The changes to the line painting and signage as well as the purchase of any required concrete barriers would be funded through regular operations. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS A summary of the public consultation results have been included above. Staff from Growth & Community Services and Real Estate Services were consulted as part of this work and are in support of the recommendations. 51 Staff Recommendation for Council Resolution Property: 89-91 Red Head Road Public Hearing, 1" Reading and 2nd Reading was held on December 11, 2023 3rd Reading: January 22, 2024 Item: Required: Recommendation (Y/N) Municipal Plan No Amendment Zoning By -Law Yes That Common Council give 3rd reading to an Amendment to Amendment the Zoning by-law which rezones piece of land having an area of approximately 319 square metres, located at 91 Red Head Road, also identified as PID Number 00344457, from Two -Unit Residential (1112) to General Commercial (CG). Recission of Yes That Common Council, pursuant to the provisions of Section Previous s. 39/s. 59 of the Community Planning Act, rescind the conditions 59 Conditions imposed on the May 28, 1986, rezoning, for the parcel of land having an area of approximately 2,847.26 square metres, located at 91 Red Head Road, also identified as PID Number 00344457, stating: a. A solid fence of no less than 2 metres in height be erected beginning at the existing storage shed and running parallel to the property line to a point ending opposite the back of the repair shop, as shown on sketch entitled "Revised May 14/86", and that this fence be completed before June 30, 1986, and further thana sign be erected near the entrance to the driveway identifying the name of the business or Mr. Hogan's name; and b. The hours of operation of the motorcycle shop be 9 a.m. to 5 p.m., Monday to Friday, and 9 a.m. to 12 noon on Saturday. Section 59 No Conditions Section 59 No Agreement Section 131 No Agreement 61 Other I No 6v BY-LAW NUMBER C.P. 111-159 A LAW TO AMEND THE ZONING BY- LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: The Zoning By-law of The City of Saint John enacted on the fifteenth day of December, A.D 2014, is amended by: Amending Schedule "A", the Zoning Map of The City of Saint John, by rezoning a piece of land having an area of approximately 319 square metres, located at 91 Red Head Road, also identified as PID Number 00344457, from Two - Unit Residential (R2) to General Commercial (CG). 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 **th day of ****, A.D. 2024 and signed by: ARRETE NO C.P. 111-159 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 L'arrete 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 319 metres carres, situe au 91 chemin Red Head, egalement identifie comme NID 00344457, du zone residentielle bifamiliale (R2) a zone commerciale generale (CG). 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 ******* 2024, avec les signatures suivantes: Mayor/Maire City Clerk/Greffier communal First Reading — December 11, 2023 Premiere lecture — le 11 decembre 2023 Second Reading — December 11, 2023 Deuxieme lecture — le 11 decembre 2023 Third Reading — Troisieme lecture — 6'iI 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 �a a m a ............. FROM / DE Two -Unit Residential Zone residentielle R2 ® CG bifamiliale TO / A General Commercial Zone commerciale generale Applicant: Joe Roberts Location: 89-91 Red Head Road PID(s)/NIP(s): 00344457 (portion) Considered by P.A.C./Considers par le C.C.U.: November 21 novembre, 2023 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: December 13 decembre, 2023 55 f{F J err J. COMMON COUNCIL REPORT M&C No. 2024-022 Report Date January 16, 2024 Meeting Date January 22, 2024 Service Area Public Works and Transportation Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT. McNamara Drive Speed Limit Reduction AUTHORIZATION Primary Author Commissioner/Dept. Head Chief Administrative Officer Tim O'Reilly Michael Hugenholtz J. Brent McGovern RECOMMENDATION Your Chief Administrative Officer recommends Common Council approve 1st and 2nd Readings of the Amendment to the City's Traffic By -Law that is attached to M&C 2024-022. EXECUTIVE SUMMARY Speed Cushions were installed on McNamara Drive in the Fall of 2023. These traffic calming devices caused the average speed of vehicles to reduce from 48 KM/H to 39 KM/H. With the average speed now below 40 KM/H, City staff believe it is justified to recommend the maximum speed limit of this street be reduced from 50 KM/H to 40 KM/H. The recommendations of this report being adopted, followed by installation of signage, would result in the speed limit of McNamara Drive becoming 40 KM/H. PREVIOUS RESOLUTION Common Council endorsed in principle the official resolution recommended in this report at its last (January 8, 2024) meeting. STRATEGIC ALIGNMENT This report aligns with: • Common Council's MOVE priority, specifically contributing to the outcome "Connect neighbourhoods with safe, accessible, and integrated transportation options", and • MoveSJ, the City's Transportation Plan INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS 67� -2- The General Counsel's Office has placed the attached amendment in proper and translated format. ATTACHMENTS Traffic By -Law Amendment for Common Council's consideration. 61YA A BY-LAW TO AMEND A BY-LAW RESPECTING THE TRAFFIC ON STREETS IN THE CITY OF SAINT JOHN, BY-LAW NUMBER MV-10.1, AND AMENDMENTS THERETO ARRETE MODIFIANT L'ARRETE RELATIF A LA CIRCULATION DANS LES RUES DE THE CITY OF SAINT JOHN, ARRETE NUMERO MV-10.1, 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 Traffic On Streets in The City of Saint John, By-law Number MV-10.1" and amendments thereto, enacted on the 71h day of October, A.D. 2019, is hereby amended as follows: 1. Schedule "L-2" — 40 km/h Speed Limits is amended by adding the following words under the following headings: Street Limits McNamara Entire Length Drive 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., 2024 signed by: Par les presentes, 1' arrete de The City of Saint John intitule « Arrete relatif a la circulation dans les rues de The City of Saint John, Arrete numero MV-10.1 » et modifications afferentes, decrete le 7e jour d'octobre 2019, est modifie comme suit: 1. L' annexe « L-2 » — Vitesses Maximales Autorisees de 40 km/h est modifiee par 1' adj onction des mots suivants sous les titres suivants : Rue Limites Promenade sur toute sa McNamara longueur EN FOI DE QUOI, The City of Saint John a fait apposer son sceau municipal sur le present arrete le 2024, avec les signatures suivantes : Mayor / maire City Clerk / greffier de la municipalite First Reading - Premiere lecture - Second Reading - Deuxieme lecture - Third Reading - Troisieme lecture - 611:3 COUNCIL REPORT M&C No. 2024-020 Report Date January 16, 2024 Meeting Date January 22, 2024 Service Area Utilities and Infrastructure Services Her Worship Mayor Donna Noade Reardon and Members of Council SUBJECT. The Cove — Funding Agreement AUTHORIZATION Primary Author Commissioner/Dept. Head Chief Administrative Officer Jill DeMerchant Ian Fogan/Michael Baker J. Brent McGovern RECOMMENDATION It is recommended that the City enter into the Active Transportation Fund Contribution Agreement in the form as attached to M&C No. 2024-020 with His Majesty the King in Right of Canada, as represented by the Minister of Infrastructure and Communities for funding under the Permanent Public Transit Program —Active Transportation Fund for the project entitled "The Cove" and that the Mayor and City Clerk be authorized to execute said Agreement. EXECUTIVE SUMMARY The purpose of this report is to seek Council's approval to enter into an Agreement for funding under the Active Transportation Fund for costs associated with the installation of the new section of Harbour Passage on the City's west side, titled "The Cove". PREVIOUS RESOLUTIONS M&C 2023-238; Revised 2024 General and Utility Fund Capital Programs, approved October 30, 2023. REPORT The Active Transportation Fund will reimburse the City for costs associated with the design and construction of a new section of Harbour Passage, referred to as "The Cove". This section, which will extend along Saint John Harbour between Fallsview Drive and Riverview Drive, will be approximately400m in length and will consist of a paved surface with overhead lighting. The trail will be wheelchair accessible and will allow use for all modes of active transportation, including walking and cycling. 611%] -2- The City of Saint John has been approved for a financial reimbursement in the amount of 60% of the eligible expenditures or $813,540 toward this project. As per the agreement, the project must be completed, and all claims received by the Government of Canada by February 28, 2026. It is anticipated that the design and tendering of the project will be completed in 2024, with construction of the project to be completed in 2025. The new section of trail will significantly improve the functionality of the existing Harbour Passage trail system and will provide another safe and equitable piece of active transportation infrastructure on the west side of the City. STRATEGIC ALIGNMENT The project aligns with Council's priority to MOVE as it will provide a pedestrian connection along a primary corridor within the City. The City is also being fiscally responsible through the generation of funding from other Levels of Government. SERVICEAND FINANCIAL OUTCOMES The City of Saint John will receive a total financial contribution of up to $813,540 or 60% of eligible costs toward "The Cove" project. The total cost for the project is estimated to be approximately $1,495,000. As a result, the required City contribution is approximately $598,000. City Share funding of $440,000 is approved under the 2024 General Fund Capital Budget. The projected $158,000 shortfall in City Share funding will be addressed once the project is fully designed and a more accurate engineers' estimate is completed. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The Active Transportation Fund Contribution Agreement has also been reviewed by the General Counsel's office. The City's Finance Department has reviewed the proposed funding breakdown and is in agreement. ATTACHMENT -3- Agreement with His Majesty the King in Right of Canada for funding under the Permanent Public Transit Program — Active Transportation Fund for the project entitled "The Cove" AI CANADA — THE CITY OF SAINT JOHN PERMANENT PUBLIC TRANSIT PROGRAM -ACTIVE TRANSPORTATION FUND CONTRIBUTION AGREEMENT FOR THE COVE This Agreement is made as of the date of last signature BETWEEN: HIS MAJESTY THE KING IN RIGHT OF CANADA, as represented by the Minister of Infrastructure and Communities, hereinafter referred to as the Minister of Intergovernmental Affairs, Infrastructure and Communities ("Canada") AND THE CITY OF SAINT JOHN, a body corporate by Royal Charter of 1785, confirmed and amended by Acts of the Legislature of the Province of New Brunswick (the "Recipient"), individually referred to as a "Party" and collectively referred to as the "Parties". RECITALS WHEREAS the Active Transportation fund is the first federal fund to target active transportation. It is making $400 million in federal funding available over 5 years to support a modal shift away from cars and toward active transportation, in support of Canada's National Active Transportation Strategy; WHEREAS the Minister of Intergovernmental Affairs, Infrastructure and Communities is responsible for the Program entitled the Permanent Public Transit Program — Active Transportation Fund ("the Program"); WHEREAS the Recipient has submitted to Canada a proposal for the funding of the Project which qualifies for support under the Program; WHEREAS Canada provided a letter on December 23, 2022 to the City of Saint John indicating an approval -in -principle of funding of the project proposal enabling the City of Saint John to begin undertaking project activities eligible for funding and subject to finalizing a contribution agreement with Canada; AND WHEREAS the Recipient is responsible for carrying out the Project and Canada wishes to provide financial support for the Project and its objectives; NOW THEREFORE, the Parties agree as follows: 1. INTERPRETATION 1.1 DEFINITIONS In addition to the terms defined in the recitals and elsewhere in this Agreement, a capitalized term has the meaning given to it in this Section. "Agreement" means this contribution agreement and all its schedules, as may be amended from time to time. "Agreement End Date" means March 31, 2026. "Asset" means any real or personal property or immovable or movable asset acquired, purchased, constructed, rehabilitated or improved, in whole or in part, with funds contributed by Canada under the terms and conditions of this Agreement, including but not limited to any Non -owned Asset. "Asset Disposal Period" means the period commencing from the Effective Date and ending five (5) years after the Project Completion Date. "Communications Activity" or "Communications Activities" means, but is not limited to, public or media events or ceremonies including key milestone events, news releases, reports, web and social media products or postings, blogs, news conferences, public notices, physical and digital signs, publications, success stories and vignettes, photos, videos, multi -media content, advertising ACTIVE TRANSPORTATION FUND - CONTRIBUTION AGREEMENT FOR THE COVE 62 campaigns, awareness campaigns, editorials, multi -media products and all related communication materials under this Agreement. "Contract" means an agreement between the Recipient and a Third Party whereby the latter agrees to supply a product or service to the Project in return for financial consideration. "Declaration of Substantial Completion" means a declaration in the form substantially prescribed in Schedule F (Declaration of Substantial Completion). "Effective Date" means the date of last signature of this Agreement. "Eligible Expenditures" means those costs incurred that are directly related to the Project and which are considered eligible by Canada as set out in Schedule A (Eligible and Ineligible Expenditures). "Final Claim Date" means February 28, 2026. "Fiscal Year" means the period beginning April 1 of a year and ending March 31 of the following year. "Interim Report" means the report described in Schedule C.1. "Joint Communications" means events, news releases and signage that relate to the Agreement and are collaboratively developed and approved by the Parties and are not operational in nature. "Non -Owned Assets" means an Asset to which the Recipient does not hold the title and ownership. "Project" means the project as described in Schedule B (The Project). "Project Approval Date" means December 22, 2022 which is the date indicated by Canada in writing to the Recipient following Canada's approval in principle of the Project. "Project Completion Date" means the date at which all funded activities of the Project under this Agreement have been completed and which must be no later than October 31, 2025. "Substantial Completion Date" means the date at which the Project can be used for its intended use as described in Schedule B.1 (Project Description) as will be set out in Schedule F (Declaration of Substantial Completion). "Third Party" means any person or legal entity, other than a Party, who participates in the implementation of the Project by means of a Contract. "Total Financial Assistance" means funding from all sources towards Eligible Expenditures of the Project, including funding from the Recipient and federal, provincial, territorial, and municipal governments as well as funding from all other sources. 1.2 ENTIRE AGREEMENT This Agreement comprises the entire agreement between the Parties in relation to the subject of the Agreement. No prior document, negotiation, provision, undertaking or agreement has legal effect, unless incorporated by reference into this Agreement. No representation or warranty express, implied or otherwise, is made by Canada to the Recipient except as expressly set out in this Agreement. 1.3 DURATION OFAGREEMENT This Agreement will be effective as of the Effective Date and will terminate on the Agreement End Date subject to early termination in accordance with this Agreement. 1.4 SCHEDULES The following schedules are attached to, and form part of this Agreement: Schedule A — Eligible and Ineligible Expenditures Schedule B — The Project Schedule C — Reporting Requirements Schedule D — Certificate(s) of Compliance for Claims Schedule E — Communications Protocol Schedule F — Declaration of Substantial Completion ACTIVE TRANSPORTATION FUND - CONTRIBUTION AGREEMENT FOR THE COVE 63 2. PURPOSE OF AGREEMENT The purpose of this Agreement is to establish the terms and conditions whereby Canada will provide funding to the Recipient for the Project. 3. OBLIGATION OF THE PARTIES 3.1 CONTRIBUTION BY CANADA a) Canada agrees to pay a contribution to the Recipient of not more than sixty percent (60%) of the total Eligible Expenditures for the Project but only up to a maximum of eight hundred thirteen thousand five hundred forty dollars ($813,540). b) Canada will pay the contribution in accordance with the terms and conditions of this Agreement and the Fiscal Year breakdown in Schedule B.2 (Project Budget). c) If Canada's total contribution towards the Project exceeds sixty percent (60%) of the Project's total Eligible Expenditures or if the Total Financial Assistance received or due in respect of the total Project costs exceeds one hundred percent (100%) thereof, Canada may recover the excess from the Recipient or reduce its contribution by an amount equal to the excess. d) The Parties acknowledge that Canada's role in the Project is limited to making a financial contribution to the Recipient for the Project and that Canada will have no involvement in the implementation of the Project or its operation. Canada is neither a decision -maker nor an administrator to the Project. 3.2 COMMITMENTS BY THE RECIPIENT a) The Recipient will complete the Project in a diligent and timely manner, as per the Project details outlined in Schedule B (The Project), within the costs and deadlines specified in this Agreement and in accordance with the terms and conditions of this Agreement. b) The Recipient will be responsible for all costs of the Project including cost overruns, if any. c) The Recipient will repay to Canada any payment received for disallowed costs, and all ineligible costs, surpluses, unexpended contributions and overpayments made under and according to the terms and conditions of this Agreement. d) The Recipient will inform Canada promptly of the Total Financial Assistance received or due for the Project. e) During the Asset Disposal Period, the Recipient will ensure that it acquires, secures and maintains all necessary rights, interests, permissions, permits, licences, approvals, registrations, and any other authorizations, to carry out the Project and to provide the ongoing operation, maintenance, and repair of any Asset in relation to the Project as per appropriate standards. f) Canada may request that the Recipient declare to Canada any amounts owing to the federal Crown, under legislation or contribution agreements that constitute an overdue debt. The Recipient recognizes that any such amount owing is a debt due to the federal Crown and may be set-off by Canada in accordance with Section 19.6 (Set-off by Canada). g) The Recipient will inform Canada immediately of any fact or event that could compromise wholly or in part the Project. h) During the Asset Disposal Period the Recipient will ensure: that it acquires, secures and maintains all necessary rights, interests, permissions, permits, licences, approvals, registrations, and any other authorizations, to carry out the Project and to provide the ongoing operation, maintenance, and repair of any Asset, in accordance with this Agreement; and, the ongoing operation, maintenance, and repair any Asset as per appropriate standards. ACTIVE TRANSPORTATION FUND - CONTRIBUTION AGREEMENT FOR THE COVE 64 3.3 APPROPRIATIONS AND FUNDING LEVELS Notwithstanding Canada's obligation to make any payment under this Agreement, this obligation does not arise if, at the time when a payment under this Agreement becomes due, the Parliament of Canada has not passed an appropriation that is sufficient and constitutes lawful authority for making the payment. Canada may reduce or terminate any payment under this Agreement in response to the reduction of appropriations or departmental funding levels in respect of transfer payments, the program under which this Agreement was made or otherwise, as evidenced by any appropriation act or the federal Crown's main or supplementary estimates expenditures. Canada will promptly advise the Recipient of any reduction or termination of funding once it becomes aware of any such situation. Canada will not be liable for any direct, indirect, consequential, exemplary or punitive damages, regardless of the form of action, whether in contract, tort or otherwise, arising from any such reduction or termination of funding. 3.4 FISCAL YEAR BUDGETING a) The amount of the contribution payable by Canada for each Fiscal Year of the Project is set out in Schedule B.2 (Project Budget). b) If the actual amount payable by Canada in respect of any Fiscal Year of the Project is less than the estimated amount in Schedule B.2 (Project Budget), the Recipient may request that Canada re -allocate the difference between the two amounts to a subsequent Fiscal Year. Subject to Section 3.3 (Appropriations and Funding Levels), Canada agrees to make reasonable efforts to accommodate the Recipient's request. The Recipient acknowledges that requests for re -allocation of Project funding will require appropriation adjustments or federal Crown approvals. c) In the event that any requested re -allocation of Project funding is not approved, the amount of Canada's contribution payable pursuant to Section 3.1 (Contribution by Canada) may be reduced by the amount of the requested re -allocation. If the contribution payable by Canada pursuant to Section 3.1 (Contribution by Canada) is so reduced, the Parties agree to review the effects of such reduction on the overall implementation of the Project and to adjust the terms and conditions of this Agreement as appropriate. 3.5 CHANGES DURING THE LIFE OF THE PROJECT a) Where a change to this Agreement is contemplated, the Recipient will submit to Canada a request for a change. b) Where the change is approved by Canada, the Parties will execute the corresponding amendment to the Agreement in accordance with Section 19.14 (Amendments). 3.6 INABILITY TO COMPLETE PROJECT If, at any time during the term of this Agreement, one or all of the Parties determine that it will not be possible to complete the Project for any reason, the Party will immediately notify the other Party of that determination and Canada may suspend its funding obligation. The Recipient will, within thirty (30) business days of a request from Canada, provide a summary of the measures that it proposes to remedy the situation. If Canada is not satisfied that the measures proposed will be adequate to remedy the situation, then this will constitute an Event of Default under Section 16 (Default) and Canada may declare a default pursuant to Section 16 (Default). 3.7 CONDITION PRECEDENT a) Condition(s) The Recipient agrees that Canada has no obligation to make payments under this Agreement unless and until: i. In respect of an Asset, the Recipient secures and confirms to Canada the necessary rights or interests in the real property associated with that Asset. The Recipient has provided, and Canada has accepted, confirmation that all funding required to complete the Project has been secured. b) Remedy ACTIVE TRANSPORTATION FUND - CONTRIBUTION AGREEMENT FOR THE COVE 65 In the event that the Recipient is unable to meet the conditions set out in Section 3.7 (a) (Condition(s)), Canada may terminate the Agreement. Canada will not be liable for any direct, indirect, consequential, exemplary or punitive damages, regardless of the form of action, whether in contract, tort or otherwise, arising from the termination of the Agreement. 4. RECIPIENT REPRESENTATIONS AND WARRANTIES AND UNDERTAKINGS' The Recipient represents and warrants to Canada that: a) the Recipient has the capacity and authority to enter into and execute this Agreement as duly authorized by Resolution of Common Council of the City of Saint John, dated November 27, 2023; b) the Recipient has the capacity and authority to carry out the Project; c) the Recipient has the requisite power to own the Assets or it has or will have secured all necessary rights, interests, and permissions in respect of the Assets, during the Asset Disposal Period; d) this Agreement constitutes a legally binding obligation of the Recipient, enforceable against it in accordance with its terms and conditions; e) all information submitted to Canada as set out in this Agreement is true, accurate, and was prepared in good faith to the best of its ability, skill, and judgment; f) any individual, corporation or organization that the Recipient has hired, for payment, who undertakes to speak to or correspond with any employee or other person representing Canada on the Recipient's behalf, concerning any matter relating to the contribution under this Agreement or any benefit hereunder and who is required to be registered pursuant to the federal Lobbying Act, is registered pursuant to that Act; g) the Recipient has not and the Recipient will ensure that the Recipient will not make a payment or other compensation that is contingent upon or is calculated upon the contribution hereunder or the negotiation of the whole or any part of the terms and conditions of this Agreement to any individual, or corporation or organization with which that individual is engaged in doing business with, who is registered pursuant to the federal Lobbying Act; h) there are no actions, suits, investigations or other proceedings pending or, to the knowledge of the Recipient, threatened and there is no order, judgment or decree of any court or governmental agency which could materially and adversely affect the Recipient's ability to carry out the activities contemplated by this Agreement. The Recipient will inform Canada immediately if any such action or proceedings are threatened or brought during the term of this Agreement; and i) the Recipient is in good standing under the laws of the jurisdiction in which it is required to be registered. 5. INTENTIONALLY OMITTED 6. CONTRACT PROCEDURES 6.1 AWARDING OF CONTRACTS a) The Recipient will ensure that Contracts are awarded in a way that is transparent, competitive, consistent with value -for -money principles, or in a manner that is otherwise acceptable to Canada, and if applicable, in accordance with the Canadian Free Trade Agreement and international trade agreements. 1 This section is a standard clause for contracts. Reps and warranties are statements by which one party gives certain assurances to the other, and on which the other party may rely. A representation is commonly a declaration of a specific fact that can be verified to be true or not, e.g., "recipient represents that it is a corporation duly organized and validly existing underthe laws of the state of Delaware." A warranty may be more of an assurance, e.g. "lobbying". Canada may rely on certain remedies if the representations and warranties are not accurate or are not fulfilled. ACTIVE TRANSPORTATION FUND — CONTRIBUTION AGREEMENT FOR THE COVE 66 b) If Canada becomes aware that a Contract is awarded in a manner that is not in compliance with the foregoing, upon notification to the Recipient, Canada may consider the expenditures associated with the Contract to be ineligible. c) In addition to any other remedy available to Canada under this Agreement, if Canada considers the expenditures associated with a Contract to be ineligible under Section 6.1(b), the Recipient shall repay to Canada any funds that have been paid for Eligible Expenditures in relation to the Contract, at Canada's discretion. 6.2 CONTRACT PROVISIONS The Recipient will ensure that all Contracts are consistent with, and incorporate, the relevant provisions of this Agreement. More specifically but without limiting the generality of the foregoing, the Recipient agrees to include terms and conditions in all Contracts to ensure that: a) the Third Party will keep proper and accurate financial accounts and records, including but not limited to its contracts, invoices, statements, receipts, and vouchers, in respect of the Project for at least six (6) years after the Agreement End Date and that the Recipient has the contractual right to audit them; b) all applicable labour, environmental, and human rights legislation are respected; and c) Canada and its designated representatives, to the extent permitted by law, will at all times be permitted to inspect the terms and conditions of the Contract and any records and accounts respecting the Project and will have free access to the Project sites and to any documentation relevant for the purpose of audit. 7. ENVIRONMENTAL AND IMPACT ASSESSMENT 7.1 REQUIREMENTS UNDER APPLICABLE FEDERAL ENVIRONMENTAL OR IMPACT ASSESSMENT LEGISLATION The Recipient represents and warrants that there are no requirements under applicable federal environmental or impact assessment legislation for the Project. 7.2 CHANGES TO PROJECT OR OTHERWISE a) If, as a result of changes to the Project or otherwise, Canada is of the opinion that the Project is subject to federal environmental or impact assessment legislation, the Recipient agrees that construction of the Project or any other physical activity to be carried out in relation to the Project, including site preparation or vegetation removal, will not be undertaken or will be suspended unless and until the legislative requirements are met and continue to be met. b) The Recipient also agrees that no funds or additional funds for any Eligible Expenditure for the Project will become or will be payable by Canada to the Recipient unless and until the legislative requirements are met and continue to be met. c) Canada may consent in writing that construction or any other physical activity, including site preparation or vegetation removal, be carried out for the portion of the Project not subject to federal environmental or impact assessment and that funds or additional funds for any Eligible Expenditure will be payable by Canada for the portion of the Project not subject to federal environmental or impact assessment. 8. INDIGENOUS CONSULTATION 8.1 INDIGENOUS CONSULTATION The Recipient agrees that: a) it will consult with Indigenous communities that might be affected by the Project. Specifically, it will explain the Project to the Indigenous communities, including Canada's funding role, and ACTIVE TRANSPORTATION FUND - CONTRIBUTION AGREEMENT FOR THE COVE 67 provide a report to Canada, which will include: 1) a list of all Indigenous communities contacted; 2) a summary of all communications with the Indigenous communities; 3) a summary of any issues or concerns that the Indigenous communities have raised, how they were addressed, and any outstanding concerns; and 4) any other information Canada may consider appropriate. b) accommodation measures, where appropriate, will be carried out by the Recipient and these costs may be considered Eligible Expenditures. c) no construction or any other physical activity, including site preparation or vegetation removal may be carried out in relation to the Project, and no funds or additional funds for any Eligible Expenditure for the Project will be payable by Canada to the Recipient, unless and until Canada is satisfied that its legal duty to consult and, where appropriate, accommodate Indigenous communities has been met and continues to be met. 8.2 CHANGES TO PROJECT OR OTHERWISE If, as a result of changes to the Project or otherwise, Canada determines that further Indigenous consultation is required, the Recipient will work with Canada to satisfy its legal duty to consult and, where appropriate, accommodate Indigenous communities and agrees that clause X.1 will be applicable. 9. CLAIMS AND PAYMENTS 9.1 PAYMENT CONDITIONS a) Canada will not pay interest for failing to make a payment under this Agreement. b) Canada will not pay any claims submitted after February 28, 2026, unless otherwise accepted by Canada. c) Canada will not pay any claims until the requirements under Section 3.7 (Condition Precedent), Section 7 (Environmental and Impact Assessment) and Section 8 (Indigenous Consultation), if applicable, are, in Canada's opinion, satisfied to the extent possible at the date the claim is submitted to Canada. d) Canada will not pay any claims until the requirements under Schedule C (Reporting Requirements) are, in Canada's opinion, satisfied to the extent possible at the time the claim is submitted to Canada. 9.2 PROGRESS CLAIMS a) The Recipient will submit progress claims to Canada in accordance with Schedule B.3 (Claim Frequency Table) covering the Recipient's Eligible Expenditures in a form acceptable to Canada. Each progress claim must include the following: i. a certification by a senior official designated in writing by the Recipient in the form set out in Schedule DA (Certificate of Compliance for Progress Claim) stating that the information submitted in support of the claim is accurate; ii. a breakdown of Eligible Expenditures of the Project claimed, in accordance with Schedule B.2 (Project Budget) in a form set out by Canada; iii. any reporting due in accordance with Schedule C (Reporting Requirements); iv. upon request by Canada, any documentation in support of Eligible Expenditures claimed. b) Canada will make a payment upon review and acceptance of a progress claim, subject to the terms and conditions of the Agreement. ACTIVE TRANSPORTATION FUND - CONTRIBUTION AGREEMENT FOR THE COVE 68 9.3 FINAL CLAIM AND FINAL ADJUSTMENTS a) The Recipient will submit a final claim to Canada by February 28, 2026 covering the Recipient's Eligible Expenditures in a form acceptable to Canada. The final claim must include the following: i. a certification by a senior official designated in writing by the Recipient in the form set out in Schedule D.2 (Certificate of Compliance for Final Claim) stating that the information submitted in support of the claim is accurate; ii. a breakdown of Eligible Expenditures of the Project claimed, in accordance with Schedule B.2 (Project Budget) in a form set out by Canada; iii. confirmation of the Total Financial Assistance in accordance with Section 3.2 c) (Commitments by the Recipient), in the form set out in Schedule D.2 (Certificate of Compliance for Final Claim); iv. any reporting due in accordance with Schedule C (Reporting Requirements); V. a completed Declaration of Substantial Completion in accordance with Section 9.5 (Declaration of Substantial Completion); vi. upon request by Canada, any of the documents referenced in Schedule F (Declaration of Substantial Completion); and vii. upon request by Canada, any documentation in support of Eligible Expenditures claimed. b) Upon receipt of the final claim, but before issuing the final payment, the Parties will jointly carry out a final reconciliation of all claims and payments in respect of the Project and make any adjustments required in the circumstances. 9.4 RETENTION OF CONTRIBUTION Canada will retain five percent (5%) of its contribution, under this Agreement, as a holdback. The amount retained by Canada will be released by Canada upon review and acceptance of the Final Report described under Schedule C.3 (Final Report) and Canada being satisfied that the Recipient has fulfilled all of its obligations under this Agreement. 9.5 DECLARATION OF SUBSTANTIAL COMPLETION a) Prior to executing the Declaration of Substantial Completion, the Recipient will request confirmation in writing from Canada as to whether the Declaration of Substantial Completion lists all relevant documents. b) The Declaration of Substantial Completion must be signed by an authorized official of the Recipient as deemed acceptable by Canada, and it must list all relevant documents as determined by Canada. 10. REPORTING Any Project and performance reporting requirements will be undertaken and completed in accordance with Schedule C (Reporting Requirements). ACTIVE TRANSPORTATION FUND - CONTRIBUTION AGREEMENT FOR THE COVE 69 11. INFORMATION MANAGEMENT The Recipient will use the process designated by Canada to fulfill the obligations of the Recipient under this agreement, including Section 10 (Reporting) and any other obligations of the recipient as requested by Canada. 12. AUDIT, EVALUATION AND MONITORING FOR COMPLIANCE 12.1 RECIPIENT AUDITZ Canada may, at its discretion, conduct a Recipient audit related to this Agreement during the term of this Agreement and up to three years after the Agreement End Date, in accordance with the Canadian Auditing Standards and Section 19.3 (Accounting Principles). 12.2 EVALUATION The Recipient agrees to cooperate with Canada in the conduct of any evaluation of the Program during or after the term of this Agreement. The Recipient also agrees to provide Project -related information to Canada during and following the termination of the Agreement in order for Canada to conduct any evaluation of the performance of the Program. All evaluation results will be made available to the public, subject to all applicable laws and policy requirements. 12.3 CORRECTIVE ACTION The Recipient will submit to Canada in writing as soon as possible, but no later than sixty (60) days following receipt of any audit findings or recommendations, a report on follow-up actions taken to address recommendations and results of any audit findings and recommendations. 12.4 RECORD KEEPING The Recipient will keep proper and accurate financial accounts and records, including but not limited to its Contracts, invoices, statements, receipts, and vouchers, in respect of the Project, for at least six (6) years after the Agreement End Date. 12.5 ACCESS The Recipient will provide Canada and its designated representatives with reasonable and timely access, at no cost, to the Project sites, facilities, and any documentation for the purposes of audit, evaluation, inspection and monitoring compliance with this Agreement. 13. COMMUNICATIONS 13.1 COMMUNICATIONS PROTOCOL The Parties will comply with Schedule E (Communications Protocol). 13.2 RECOGNITION OF CANADA'S CONTRIBUTION The Recipient will acknowledge Canada's contribution in all signage and public communication produced as part of the Project or Agreement, in a manner acceptable to Canada, unless Canada communicates in writing to the Recipient that this acknowledgement is not required. 13.3 PUBLIC INFORMATION The Recipient acknowledges that the following may be made publicly available by Canada: a) its name, the amount awarded by Canada, and the general nature of the Project; and b) any evaluation or audit report and other reviews related to this Agreement. 13.4 OFFICIAL LANGUAGES Z A Recipient Audit is defined as an audit contracted by Canada. Its scope is tailored to the needs of the Department, the type of Recipient and the areas where additional assurance is needed. ACTIVE TRANSPORTATION FUND — CONTRIBUTION AGREEMENT FOR THE COVE 70 The Government of Canada wishes, among other things and where appropriate, to promote English and French in Canadian society and support the development of official language minority communities. The Recipient will: a) ensure that information on the Project is developed and is available in both official languages when intended for the information of, or use by the public; b) communicate in such a manner as to address the needs of both official language communities; and, c) encourage members of both official languages communities to participate in the Project. 14. INTELLECTUAL PROPERTY a) All intellectual property that arises in the course of the Project will vest in the Recipient. b) The Recipient will obtain the necessary authorizations, as needed, for the implementation of the Project, from third parties to this Agreement who may own the intellectual property rights or other rights in respect of the Project. Canada will assume no liability in respect of claims from any third party to this Agreement in relation to such rights and to the Agreement. c) Canada, in compliance with the Privacy Act and relevant privacy regulations, may film or photograph the Recipient, its officers, servants, employees, or agents during visits, activities, and events for the purpose of promoting the Program. The Recipient further agrees that Canada, in compliance with the Privacy Act, can use or publish any such film or photograph internally or externally, in whole or in part, in any form and by any medium for the purposes of promoting the Program. 15. DISPUTE RESOLUTION a) The Parties will keep each other informed of any issue that could be contentious by exchanging information and will, in good faith and reasonably, attempt to resolve potential disputes. b) Where the Parties cannot agree on a resolution, the Parties may explore any alternative dispute resolution mechanisms available to them to resolve the issue. c) Any payments related to the issue in dispute will be suspended, together with the obligations related to such issue, pending resolution. d) The Parties agree that nothing in this section will affect, alter or modify the rights of Canada to terminate this Agreement. 16. DEFAULT 16.1 EVENTS OF DEFAULT The following events constitute Events of Default under this Agreement: a) the Recipient has not complied with one or more of the terms and conditions of this Agreement; b) the Recipient has not completed the Project in accordance with the terms and conditions of this Agreement; c) the Recipient has submitted false or misleading information to Canada or made a false or misleading representation in respect of the Project or in this Agreement, except for an error in good faith, demonstration of which is incumbent on the Recipient, to Canada's satisfaction; d) the Recipient has neglected or failed to pay Canada any amount due in accordance with this Agreement. 16.2 DECLARATION OF DEFAULT Canada may declare a default if: In Canada's opinion, one or more of the Events of Default occurs; ACTIVE TRANSPORTATION FUND - CONTRIBUTION AGREEMENT FOR THE COVE 10 71 ii. Canada gave notice to the Recipient of the event which constitutes an Event of Default; and iii. the Recipient has failed, within thirty (30) business days of receipt of the notice from Canada, either to remedy the Event of Default or to notify Canada and demonstrate, to the satisfaction of Canada, that it has taken such steps as are necessary to remedy the Event of Default. 16.3 REMEDIES ON DEFAULT In the event that Canada declares a default under Section 16.2 (Declaration of Default), Canada may exercise one or more of the following remedies, without limiting any remedy available to it at law: a) suspend any obligation by Canada to contribute or continue to contribute funding to the Project, including any obligation to pay an amount owing prior to the date of such suspension; b) terminate any obligation of Canada to contribute or continue to contribute funding to the Project, including any obligation to pay any amount owing prior to the date of such termination; c) require the Recipient to reimburse Canada all or part of the contribution paid by Canada to the Recipient; d) terminate the Agreement. 17. LIMITATION OF LIABILITY AND INDEMNIFICATION 17.1 DEFINITION OF PERSON In this section, "Person" includes, without limitation, a person, the Recipient, a Third Party, a corporation, or any other legal entity, and their officers, servants, employees or agents. 17.2 LIMITATION OF LIABILITY In no event will Canada, its officers, servants, employees or agents be held liable for any damages in contract, tort (including negligence) or otherwise, for: a) any injury to any Person, including, but not limited to, death, economic loss or infringement of rights; b) any damage to or loss or destruction of property of any Person; or c) any obligation of any Person, including, but not limited to, any obligation arising from a loan, capital lease or other long term obligation; in relation to this Agreement or the Project. 17.3 INDEMNIFICATION The Recipient will at all times indemnify and save harmless Canada, its officers, servants, employees or agents, from and against all actions, claims, demands, losses, costs, damages, suits or other proceedings, whether in contract, tort (including negligence) or otherwise, by whomsoever brought or prosecuted in any manner based upon or occasioned by: a) any injury to any Person, including, but not limited to, death, economic loss or any infringement of rights; b) any damage to or loss or destruction of property of any Person; or c) any obligation of any Person, including, but not limited to, any obligation arising from a loan, capital lease or other long term obligation; in relation to this Agreement or Project, except to the extent to which such actions, claims, demands, losses, costs, damages, suits or other proceedings are caused by the negligence or breach of the Agreement by an officer, servant, employee or agent of Canada in the performance of his or her duties. ACTIVE TRANSPORTATION FUND - CONTRIBUTION AGREEMENT FOR THE COVE 11 72 18. ASSETS a) Unless otherwise agreed to by the Parties, the Recipient will: i. where the Recipient owns the Asset, retain title to and ownership of the Asset or part of the Asset for the Asset Disposal Period; or ii. for a Non -Owned Asset, ensure that title to and ownership for any Non -Owned Asset is retained by the entity with title to and ownership of that Asset for the Asset Disposal Period. b) The Recipient will ensure that any Asset will be preserved, maintained, and used for the purposes of the Project, and that no Asset, in whole or in part, will be sold, leased, encumbered or otherwise disposed of, directly or indirectly, during the Asset Disposal Period, unless the Recipient notifies Canada in advance and in writing, and Canada consents to such Asset disposal. c) Upon alternate use or disposal of any Asset, which includes selling, leasing and encumbering, or otherwise disposing of, directly or indirectly, during the Asset Disposal Period, the Recipient will reimburse Canada, at Canada's discretion, all or part of the contribution paid under this Agreement by Canada to the Recipient 19. GENERAL 19.1 PUBLIC BENEFIT The Parties acknowledge that their contributions to the Project are meant to accrue to the public benefit. 19.2 SURVIVAL The Parties' rights and obligations which, by their nature, extend beyond the termination of this Agreement, will survive any termination of this Agreement. 19.3 ACCOUNTING PRINCIPLES All accounting terms will have the meanings assigned to them, all calculations will be made and all financial data to be submitted will be prepared, in accordance with the Generally Accepted Accounting Principles (GAAP) in effect in Canada as defined in the Chartered Professional Accountants (CPA) Canada Handbook - Accounting or, where applicable, the CPA Canada Public Sector Accounting Handbook. 19.4 DEBTS DUE TO THE FEDERAL CROWN Any amount owed to Canada under this Agreement by the Recipient will constitute a debt due to the federal Crown, which the Recipient will reimburse to Canada forthwith on demand. 19.5 INTEREST ON DEBTS DUE TO THE FEDERAL CROWN Debts due to the federal Crown by the Recipient will accrue interest in accordance with the federal Interest and Administrative Charges Regulations. 19.6 SET-OFF BY CANADA Any debt due to the federal Crown by the Recipient may be set-off against any amounts payable by Canada to the Recipient under this Agreement. 19.7 MEMBERS OF THE HOUSE OF COMMONS AND SENATE No member of the House of Commons or the Senate of Canada will be admitted to any share or part of this Agreement, or to any benefit arising from it that is not otherwise available to the public. The Recipient will promptly inform Canada should it become aware of the existence of any such situation. 19.8 CONFLICT OF INTEREST No current or former public servant or public office holder to whom any post - employment, ethics and conflict of interest legislation, guidelines, codes or policies of Canada applies will derive direct benefit from this Agreement unless the provision or receipt of such benefits is in compliance with such legislation, ACTIVE TRANSPORTATION FUND - CONTRIBUTION AGREEMENT FOR THE COVE 12 73 guidelines, policies or codes. The Recipient will promptly inform Canada should it become aware of the existence of any such situation. 19.9 NO AGENCY, PARTNERSHIP, JOINT VENTURE, ETC. a) No provision of this Agreement and no action by the Parties will establish or be deemed to establish a partnership, joint venture, principal -agent relationship or employer -employee relationship in any way or for any purpose whatsoever between Canada and the Recipient or between Canada and a Third Party. b) The Recipient will not represent itself, including in any agreement with a Third Party, as a partner, employee or agent of Canada. 19.10 NO AUTHORITY TO REPRESENT Nothing in this Agreement is to be construed as authorizing any person, including a Third Party, to contract for or to incur any obligation on behalf of Canada or to act as an agent for Canada. The Recipient will take the necessary action to ensure that any Contract between the Recipient and any Third Party contains a provision to that effect. 19.11 ASSIGNMENT The Recipient will not transfer or assign its rights or obligations under this Agreement without the prior written consent of Canada. Any attempt by the Recipient to assign any of the rights, duties or obligations of this Agreement without Canada's express written consent is void. 19.12 COUNTERPART SIGNATURE This Agreement and all documents contemplated by or delivered under or in connection with this Agreement may be executed and delivered in any number of counterparts (including by electronic signature, facsimile or other means of electronic transmission, such as by electronic mail in "PDF" form), with the same effect as if all Parties had signed and delivered the same document, and all counterparts shall together constitute one and the same original document. 19.13 SEVERABILITY If for any reason a provision of this Agreement that is not a fundamental term of this Agreement between the Parties is found to be or becomes invalid or unenforceable, in whole or in part, and if both Parties agree, it will be deemed to be severable and will be deleted from this Agreement, but all the other terms and conditions of this Agreement will continue to be valid and enforceable. 19.14 AMENDMENTS a) This Agreement, including its schedules, can only be amended in writing by the Parties. b) Notwithstanding Section 19.14(a) (Amendments), updates to the cashflow in Schedule B.2 (Project Budget) made pursuant to Section 3.4 (Fiscal Year Budgeting) that do not result in an increase to the maximum amount of Canada's contribution under Section 3.1 (Commitments by Canada) may be made administratively through an exchange of written correspondence between the Parties. 19.15 WAIVER A Party may waive any of its rights under this Agreement only in writing. Any tolerance or indulgence demonstrated by the Party will not constitute a waiver. ACTIVE TRANSPORTATION FUND - CONTRIBUTION AGREEMENT FOR THE COVE 13 74 19.16 NOTICE a) Any notice, information or required documentation provided for under this Agreement must be delivered in person or sent by mail, email, messenger or facsimile to the identified representatives of the Parties at the following coordinates, unless otherwise specified by Canada: Canada: Active Transportation Fund Infrastructure Canada 180 Kent Street Ottawa Ontario ATF-FTA@infc.gc.ca Recipient: Mr. Jonathan Taylor Director of Legislative Services/ City Clerk, The City of Saint John 15 Market Square, City Hall, P.O. Box 1971 City of Saint John, New Brunswick E2L 41_1 b) Such notice will be deemed to have been received: i. in person, when delivered; ii. if sent by mail, email or facsimile, when receipt is acknowledged by the other Party; iii. if sent by messenger or registered mail, when the receiving Party has signed the acknowledgment of reception. c) If a Party changes its representative or the coordinates for that representative, it will advise the other Party as soon as possible. 19.17 COMPLIANCE WITH LAWS The Recipient will comply with all applicable laws and regulations and all requirements of regulatory bodies having jurisdiction over the subject matter of the Project. 19.18 GOVERNING LAW' This Agreement is governed by, and is to be interpreted in accordance with, the applicable federal laws and the laws in force in New Brunswick. The Parties attorn to the jurisdiction of the Courts of New Brunswick and all courts competent to hear appeals from the Courts of New Brunswick. 19.19 SUCCESSORS AND ASSIGNS This Agreement is binding upon the Parties and their respective successors and assigns. 3 Any disputes relating to the agreement will be interpreted according to the laws of the province or territory indicated in this section, and adjudicated by the courts in that same province or territory. Only the laws of one province or territory maybe indicated in this section. If the Recipient's headquarters and project location are different, use province/territory of headquarters. ACTIVE TRANSPORTATION FUND — CONTRIBUTION AGREEMENT FOR THE COVE 14 75 20. SIGNATURES This Agreement has been executed on behalf of His Majesty the King in right of Canada by the Minister of Intergovernmental Affairs, Infrastructure and Communities and on behalf of The City of Saint John by the Mayor and City Clerk. HIS MAJESTY THE KING IN RIGHT OF CANADA Per: Mark Matz, Director General, Public Transit, Infrastructure Canada Date THE CITY OF SAINT JOHN Per: Donna Noade Reardon Mayor Date Per: Jonathan Taylor Director of Legislative Services / City Clerk Date Council Resolution: ACTIVE TRANSPORTATION FUND - CONTRIBUTION AGREEMENT FOR THE COVE 15 76 SCHEDULE A - ELIGIBLE AND INELIGIBLE EXPENDITURES SCHEDULE A.1: ELIGIBLE EXPENDITURES Eligible expenditures are those considered to be direct and necessary for the successful implementation of an eligible project and are incurred by an eligible recipient, excluding those explicitly identified in Schedule A.2: Ineligible Expenditures. Eligible projects include active transportation capital projects and active transportation planning projects. Capital projects refer to new infrastructure construction, enhancement of existing infrastructure, and fixed design and safety features that encourage increased active transportation. Eligible capital projects include, but are not limited to: • Building or enhancing infrastructure for active transportation, such as multi -use paths, sidewalks, footbridges, separated bicycle lanes, and connections to other roadways (this could include nature trails and other infrastructure which could support recreation, so long as this infrastructure can be demonstrated to reflect merit criteria); • Enhancing active transportation infrastructure, including design considerations in which there may be no net gain in kilometers of infrastructure, but quality improvements that support greater usage; • Building or enhancing design features and facilities which promote active transportation, such as storage facilities, lighting, greenery, shade, and benches; • Building or enhancing safety features which promote active transportation, such as crosswalks, medians, speed bumps, and wayfinding signage. Eligible Expenditures must: be reasonable and directly related to the Project, as determined by Canada; be incurred between the Project Approval Date and the Final Claim Date; and consist of the following categories of expenditures: o Construction of infrastructure assets, e.g., cycling or walking paths. o Expenditures directly associated with joint federal communication activities and with federal project signage; o Costs/expenditures incurred for consultation or engagement with Indigenous groups on the project. These costs are retroactively eligible dating back to one year prior to the submission of the application for funding. These costs can include legal fees of the Indigenous groups, as part of overall consultation capacity funding, if they are incurred by an Indigenous group who is not a Recipient or an Ultimate Recipient of the given project, are reasonable, as determined by Canada, support consultation efforts, activities or tools and are not used to fund litigation against the Crown; o Expenditures incurred for accommodation of adverse impacts on Aboriginal and Treaty rights; o Incremental expenditures directly related to meeting specific program requirements, such as climate change and resiliency assessments, as well as creating community employment benefit plans; o The incremental costs of the eligible recipients' employees may be included as an eligible expenditure provided that the use of employees or equipment pertains solely to the implementation of the project, and: - There is a lack of private sector capacity to undertake the work; or - The work involves proprietary or specialized infrastructure or equipment that requires specific knowledge or skill of the recipient's employees; or - A collective agreement requires the recipient to use their own unionized employees for certain project work. o Costs associated with project monitors or independent certifiers Project expenditures will only be eligible as of project funding approval, except for expenditures associated with Climate Lens assessments and Indigenous consultation which are eligible before project funding approval, but can only be reimbursed if and when project funding is approved and a contribution agreement has come into force. ACTIVE TRANSPORTATION FUND - CONTRIBUTION AGREEMENT FOR THE COVE 16 77 SCHEDULE A.2: INELIGIBLE EXPENDITURES Certain expenditures are not eligible for funding and therefore will not be considered in the calculation of the total eligible expenditures of the Project, including: • Expenditures incurred before project funding approval and any and all expenditures related to agreements signed prior to project funding approval, except those specified under Section A.1 of this Schedule. • Expenditures related to purchasing land, buildings and associated real estate and other fees; • Expenditures related to cost overruns or incurred for cancelled projects; • Furnishings and non -fixed assets which are not essential for the operation of the asset/project-, • General repairs and maintenance of a project and related structures, unless they are part of a larger capital project; • Services on works normally provided by an eligible recipient, incurred in the course of implementation of the project, except those specified as eligible expenditures; • Taxes for which the eligible recipient is eligible for a tax rebate and all other costs eligible for rebates; • On -going operations, maintenance and/or electricity and fuel costs associated with the operations of capital assets; • Legal fees, except those explicitly eligible under Section A.1 of this Schedule • Financing, interest, and taxes, including principal and interest payments to the Canada Infrastructure Bank; • Leasing land, buildings, equipment and other facilities except for equipment other than equipment directly related to the construction of the project, real estate fees and related costs; • Provincial sales tax and Goods and Services tax/HST, for which the recipient is eligible for a rebate, and any other costs eligible for rebates; • Purchase or maintenance of diesel buses; • Expenditures related to any good and services which are received through donation or in -kind contribution; • Employee costs, with the exception of incremental costs which pertain solely to the implementation of the project under Section A.1 of this Schedule; and • Maintenance expenditures incurred as part of regular operations. ACTIVE TRANSPORTATION FUND - CONTRIBUTION AGREEMENT FOR THE COVE 17 78 SCHEDULE B - THE PROJECT [•Y�7:1��1/l��-'�ii1�:Z�alx�I�]�•Y�7:71iI[�7J1 Project Description: This project will construct a new critical section of Harbour Passage, referred to as the "The Cove", which will significantly improve the functionality of the existing trail. The Cove trail will extend along the Saint John Harbour between Fallsview Drive and Riverview Drive on the City's west side. The trail will consist of a paved surface with overhead lighting and will be approximately 400m in length. The trail will be wheelchair accessible and will allow use by pedestrians, bicycles, and all other modes of active transportation. The objective of this project is to provide another safe and equitable piece of active transportation infrastructure for Saint John residents and visitors on the City's west side. Objective(s): The objective of the Active Transportation Fund is to increase the total amount, usage, and quality of active transportation infrastructure throughout Canada. In advancing this objective, the Active Transportation Fund would also support the goals of the Strengthened Climate Plan and improve the resilience of communities. In recognition that almost every journey begins and ends with a form of active transportation, the Fund would prioritize safety and security of Canadians and seek to enhance the impact of other modes of transit by supporting first -and -last kilometre connections to existing and planned infrastructure. Activities: Project activities will include the construction or acquisition of the following Assets: Asset Type Estimated Length (km) / Count Lights 15 Recreational trails 0.4 km Project Outcomes: In order to illustrate how the Project will contribute to the Program's outcomes, the Recipient will collect performance data and report on performance indicators. The information concerning these indicators must be provided within the Annual Report and/or Final Report submitted to Canada. Canada may update and refine the Program's outcomes and performance indicators in order to support performance measurement and reporting to Parliament and Canadians. Any updates will be discussed with the Recipient and will be made administratively through an exchange of written correspondence between the Parties. The performance indicators in the Annual Report and/or Final Report may include the following, as applicable: Project Expected Results Performance Indicators Immediate Outcomes Increased capacity of active transportation infrastructure Total kilometres of new active transportation infrastructure built Improved active transportation infrastructure Total kilometres of active transportation infrastructure enhanced Total number of safety elements added Total number of user experience improvements added Intermediate Outcomes Increased access to active Community connections created ACTIVE TRANSPORTATION FUND - CONTRIBUTION AGREEMENT FOR THE COVE 18 79 transportation infrastructure ACTIVE TRANSPORTATION FUND - CONTRIBUTION AGREEMENT FOR THE COVE 19 80 SCHEDULE B.2: PROJECT BUDGET Table 1: Project Budget Amount Total Project Cost $1,495,000 Total Eligible Cost $1,355,900 Table 2: Annual Breakdown Total INFC Total Contribution 2024-25 INFC $813,540 $813,540 Contribution Table 3: Other Sources of Fundina Source Amount City of Saint John $681,460 Total Other Sources of Funding $681,460 ACTIVE TRANSPORTATION FUND - CONTRIBUTION AGREEMENT FOR THE COVE 20 81 SCHEDULE B.3: CLAIM FREQUENCY TABLE Payment Required Documents Frequency Payment Date Period Progress Interim Report, including: At least once per Within 30 calendar Claims . Progress Report fiscal year, no later days of approval of than September 15. required documents . Financial Report (claim form, by Canada updated cashflow, and Additional claims Certificate of Compliance for may be submitted Progress Claim) by the Recipient, no more frequently than every 3 months. Year-end Year-end Financial Report, On or before five Within 30 calendar Claim including: (5) business days days of approval of . Claim form (for costs incurred after March 31. required documents up to March 31) by Canada. . Updated Cashflow . Certificate of Compliance for Progress Claim Annual Report Annual Report: No later than sixty N/A (Described in Schedule C.2) (60) days after March 31. Final Claim Final Report: February 28, 2026 Within 30 calendar (Described in Schedule C.3) days of approval of required documents by Canada ACTIVE TRANSPORTATION FUND - CONTRIBUTION AGREEMENT FOR THE COVE 21 82 SCHEDULE C - REPORTING REQUIREMENTS The Recipient should contact the Active Transportation Fund in accordance with Section 19.16, to ensure the most up-to-date reporting forms are being used, prior to submitting them to Canada. Canada will collect information that may be used to analyze the progress of all projects funded by the Program and may inform Program lessons learned and/or be used for communications about the Program. SCHEDULE C.1: INTERIM REPORT a) The Recipientwill submit Interim Reports to Canada at a timing and frequency determined by Canada, which will be no less frequently than annually but not more frequently than quarterly. The frequency will remain the same, unless the Recipient is otherwise notified by Canada. Notwithstanding the foregoing, for the last Interim Report period of the Fiscal Year, the Recipient will submit an Annual Report instead of an Interim Report. b) The Interim Report will be attested by a senior designated official, duly authorized by the Recipient and submitted to Canada in an agreed upon format acceptable to Canada. c) Interim Reports will be comprised of a progress report, a financial report, and two attestations, in formats provided by Canada; d) The Progress Report must include, at a minimum: i. Recipient name, Project title and Project identification number; ii. Reporting period dates; iii. Construction dates; iv. Summary of Project activities and progress achieved to date; v. Update on Project risks or issues affecting the progress of the Project, if any, and mitigation measures; vi. Planned Project activities for the upcoming period, including any variation from the workplan (if applicable); vii. Confirmation of the Project's installed signage, if applicable; and viii. Update on Communication Activities to date and future communications plans. e) The financial report must include at a minimum: i. Recipient name, Project title and Project identification #; ii. Reporting period dates; and iii. Expenditures for the reporting period and updated cash flow forecast for the upcoming fiscal year(s). f) The Interim Report will be attested by: i. a senior designated official, duly authorized by the Recipient; and ii. a construction manager or other professional assigned to the project and designated by the Recipient. SCHEDULE C.2: ANNUAL REPORT a) The Recipient will submit an annual report (`Annual Report') for the end of each Fiscal Year period covered by this Agreement no later than sixty (60) days following the end of the Fiscal Year. The Annual Report will be attested by a senior designated official, duly authorized by the Recipient, stating that the report is factually correct and that the Recipient and the Project continue to maintain eligibility under the Program. Notwithstanding the foregoing, for the last Fiscal Year period, the Recipient will submit a Final Report instead of an Annual Report. ACTIVE TRANSPORTATION FUND - CONTRIBUTION AGREEMENT FOR THE COVE 22 83 b) The Annual Report will be submitted to Canada in an agreed upon format acceptable to Canada and will include at a minimum: i. Recipient name; ii. Project title and Project identification number; iii. Reporting period dates; iv. Construction dates; V. Confirmation of the Project's installed signage, if applicable; vi. Confirmation of Communication requirements met for the reported period year, if applicable; vii. Summary of the implementation progress of the project, by project phase, including: • Summary of central project activities (including major construction and any delays, if applicable) for progress achieved to date; • Planned Project activities for the upcoming Fiscal Year; viii. Update on results achieved towards the Project outcomes using performance measures identified in Schedule B.1 (Project Description) and by Canada, if applicable. SCHEDULE C.3: FINAL REPORT a) The Recipient will submit a Final Report to Canada with the final claim. b) The final report (`Final Report') will be attested by a senior designated official, duly authorized by the Recipient and submitted to Canada in an agreed upon format acceptable to Canada as substantially identified using the template identified in Schedule D: Certificate of Compliance for Final Claim. c) The Recipient will submit a Final Report to Canada for approval no later than February 28, 2026. d) The content of the Final Report will include at a minimum: i. A general description of the Project's major achievements, including a aggregated information and data identified in Annual Reports for the period of the Project; in Annual Reports; ii. A completed Schedule F (Declaration of Substantial Completion); iii. Details of the funds and their management, including: i. a description of Project activities and funds expended on Project activities for the period of the Project. ii. an audit conducted by an independent third party for the period of the Project iii. results achieved towards the Project outcomes using performance measures identified in Schedule B.1 (Project Description) and by Canada which may inform Program lessons learned and/or be used for communication about the Program; and iv. a reconciliation of financial reporting. ACTIVE TRANSPORTATION FUND - CONTRIBUTION AGREEMENT FOR THE COVE 23 84 SCHEDULE D - CERTIFICATE(S) OF COMPLIANCE FOR CLAIMS SCHEDULE D.1: CERTIFICATE OF COMPLIANCE FOR PROGRESS CLAIM In the matter of the Agreement entered into between His Majesty the King in right of Canada, as represented by the Minister of Intergovernmental Affairs, Infrastructure and Communities, and The City of Saint John (the "Recipient'), represented by (Name), concerning The Cove Project (the "Agreement'). I, (Name), of the City/Town of Province/Territory of , declare as follows: 1. That I hold the position of with the Recipient and as such have knowledge of the matters set forth in this declaration and believe this declaration to be true. 2. 1 am duly authorized by the Recipient to give this Certificate under [RECIPIENT INSERTS THE COMPLETE REFERENCE TO THE BY LAW OR INTERNAL POLICY AUTHORITY THAT ALLOWS THEM TO PROVIDE THIS CERTIFICATION] dated [DATE]. 3. 1 have read and understood the Agreement and the progress claim submitted by the Recipient thereunder dated the same date as this Certificate and have knowledge of the business and affairs of the Recipient and have made such examinations or investigations as are necessary to give this Certificate and to ensure that the information contained herein is true and accurate. 4. The expenditures claimed are Eligible Expenditures in accordance with the Agreement. 5. The Recipient, at the date of this Certificate, has performed all covenants under the Agreement that are required to be performed by it on or prior to that date. 6. All representations and warranties of the Recipient contained in the Agreement are true and accurate in all respects at the date of this Certificate as though such representations and warranties had been made at the date of this Certificate. Dated, this day of 20 Signature ACTIVE TRANSPORTATION FUND - CONTRIBUTION AGREEMENT FOR THE COVE 24 85 SCHEDULE D.2: CERTIFICATE OF COMPLIANCE FOR FINAL CLAIM In the matter of the Agreement entered into between His Majesty the King in right of Canada, as represented by the Minister of Intergovernmental Affairs, Infrastructure and Communities, and The City of Saint John (the "Recipient'), represented by (Name), concerning The Cove Project (the "Agreement'). I, (Name), of the City/Town of Province/Territory of declare as follows: 1. That I hold the position of with the Recipient and as such have knowledge of the matters set forth in this declaration and believe this declaration to be true. 2. 1 am duly authorized by the Recipient to give this Certificate under [RECIPIENT INSERTS THE COMPLETE REFERENCE TO THE BY LAW OR INTERNAL POLICY AUTHORITY THAT ALLOWS THEM TO PROVIDE THIS CERTIFICATION] dated [DATE]. 3. 1 have read and understood the Agreement and the final claim submitted by the Recipient thereunder dated the same date as this Certificate and have knowledge of the business and affairs of the Recipient and have made such examinations or investigations as are necessary to give this Certificate and to ensure that the information contained herein is true and accurate. 4. The Recipient, at the date of this Certificate, has performed all covenants under the Agreement that are required to be performed by it on or prior to that date. 5. The expenditures claimed are Eligible Expenditures in accordance with the Agreement. 6. All representations and warranties of the Recipient contained in the Agreement are true and accurate in all respects at the date of this Certificate as though such representations and warranties had been made at the date of this Certificate. 7. The Project as defined in the Agreement has been completed. [If applicable, add.] 8. The Project, to the best of my knowledge and belief, conforms to the applicable federal environmental or impact assessment legislation. [If applicable, add.] 9. All applicable mitigation measures, accommodation measures and follow-up measures required to be performed during the Project implementation as a result of Indigenous consultations have been implemented. 10. The Total Financial Assistance received or due for the Project in accordance with Section 3.2 c) (Commitments by the Recipient) is as follows: [INCLUDE ALL TOTAL FINANCIAL ASSISTANCE RECEIVED OR DUE] 11. This Certificate of Compliance does not preclude any rights of Canada to verify, audit or inspect as per the terms and conditions of the Agreement. 12. The Recipient is not entitled to payment of any amount under the Agreement, other than any amount requested by the Recipient in accordance with the Agreement on or prior to the date of this Certificate. Dated, this day of 20_ Signature ACTIVE TRANSPORTATION FUND - CONTRIBUTION AGREEMENT FOR THE COVE 25 86 SCHEDULE E - COMMUNICATIONS PROTOCOL SCHEDULE E.1: PURPOSE This Communications Protocol outlines the roles and responsibilities of each of the Parties to this Agreement with respect to Communications Activities related to the funded Project. This Communications Protocol will guide all Communications Activity planning, development and implementation with a view to ensuring efficient, structured, continuous and coordinated communications to the Canadian public. The provisions of this Communications Protocol apply to all Communications Activities related to any Program funding and the Project funded under this Agreement. Such Communications Activities may include, but are not limited to, public or media events, news releases, reports, web and social media products or postings, blogs, project signs, digital signs, publications, success stories and vignettes, photo compilations, videos, advertising campaigns, awareness campaigns, editorials, and multi -media products. SCHEDULE E.2: GUIDING PRINCIPLES The Parties recognize the importance of managing the delivery of coherent Communications Activities based on the principle of transparent and open discussion and collaboration. Communications activities undertaken through this Protocol should ensure that Canadians are informed of infrastructure investments made to help improve their quality of life and that they receive consistent information about the funded Project and its benefits from each Party. The communication activities undertaken jointly by Canada and the Recipient should recognize the funding of all contributors to the Project. SCHEDULE E.3: GOVERNANCE The Parties will designate communications contacts that will work collaboratively to prepare communications activities for the project announcement, milestones, and completion. SCHEDULE E.4: PROGRAM COMMUNICATIONS Canada retains the right to meet its obligations to communicate information to Canadians about the Program and the use of funding through its own communications products and activities. Canada and the Recipient may also include general program messaging and an overview of this Project as an example in their own communications products and activities. The Party undertaking these activities will recognize the funding of the Parties. Canada and the Recipient agree that they will not unreasonably restrict the other Party or other funding contributors from using, for their own purposes, public communications products related to the Project that were prepared collectively or individually by the Parties, and if web -based, from linking to them. SCHEDULE E.5: JOINT COMMUNICATIONS Canada, the Recipient, or other funding contributors may request to have Joint Communications about the Project. Joint Communications include, but are not limited to, media events such as news conferences; in -person and virtual funding announcements; official milestone events or ceremonies like ground breakings and openings; and news releases. The Parties agree to have regular media events about the funding and status of the Project. Key milestones may be marked by public events, news releases and/or other mechanisms. Joint Communications related to the Project funded under this Agreement should not occur without the prior knowledge and agreement of all Parties as well as the Ultimate Recipient, where applicable. ACTIVE TRANSPORTATION FUND - CONTRIBUTION AGREEMENT FOR THE COVE 26 87 All Joint Communications material will be approved by Canada prior to release, and will recognize the funding of all Parties. The requestor of a Joint Communication will provide at least fifteen (15) business days of notice to the other Parties of their intention to undertake such a communication. If the Joint Communication activity is a funding announcement or milestone event, it will take place on and at a mutually agreed upon date, time, and location. The Party undertaking these activities will provide equal opportunity for the other Parties to participate and choose their own designated representative. Each Party will be represented by an equal number of individuals, in joint communications and events, unless otherwise agreed upon. All Joint Communications will recognize the funding of all contributors. The Ultimate Recipient of the Project will be responsible for providing communications and logistics support for both virtual or onsite events. Canada will be responsible for development, translation and approvals of joint communications products for funding announcements (ex. news releases, media advisories). Milestone communications (such as ground breakings and ribbon cuttings), will be coordinated by ultimate recipients and all funding partners will be invited and recognized. Communications materials (such as media advisories and news releases) for milestone announcements are developed by the ultimate recipient and will offer Canada and other funding partners the ability to contribute a quote. All Joint Communications material related to media events must be approved by Canada and recognize the funding of all Parties (Canada, Provinces/Territories, Recipient and others as appropriate). All Joint Communications material related to funding announcements must reflect Canada's Policy on Official Languages and the Federal Identity Program. The conduct of all Joint Communications and media events and products will follow the Table of Precedence for Canada. SCHEDULE E.6 INDIVIDUAL COMMUNICATIONS The Recipient will ensure that: a. Where a website or webpage is created to promote or communicate progress on a funded Project or Projects, it must recognize federal funding through the use of a digital sign or through the use of the Canada wordmark and the following wording, "This project is funded in part by the Government of Canada." The Canada wordmark or digital sign must link to Canada's website, at www.infrastructure.gc.ca. The guidelines for how this recognition is to appear and language requirements are published on Canada's website, at http://www.infrastructure.cic.ca/pub/sicnage-panneaux/intro-eng.html. b. The Recipient will be required to send a minimum of one photograph to each of the Parties of the construction in progress, or of the completed project, for use in social media and other digital individual Communications Activities. Sending the photos will constitute permission to use and transfer of copyright. Photographs are to be sent to photo(a)infc.gc.ca along with the Project's name and location. �Y•7:1��1�J�� ir•]»:7_rrrv►VJS•Z•]i711U fffiff_T0001-1 The Recipient is solely responsible for operational communications with respect to the Project, including, but not limited to, calls for tender, construction, and public safety notices. Operational communications as described above are not subject to the federal official language policy. Canada does not need to be informed on operational communications. However, such products should include, where appropriate, the following statement, "This project is funded in part by the Government of Canada." Canada and the Recipient will share information promptly with the other Party should significant media inquiries be received or if major stakeholder issues relating to the Project arise. ACTIVE TRANSPORTATION FUND - CONTRIBUTION AGREEMENT FOR THE COVE 27 88 SCHEDULE E.8: SIGNAGE Canada, the Recipient and other funding contributors may request a Project sign recognizing their funding contribution to a Project. Where a physical sign is to be installed, unless otherwise agreed upon by Canada, it will be the Ultimate Recipient who will produce and install a joint physical sign that recognizes funding of each Party at each Project site in accordance with current federal signage guidelines. The joint sign design, content, and installation guidelines for how this recognition is to appear and language requirements are published on Canada's website, at httr)://www.infrastructure.ac. ca/pub/sianaae-r)anneaux/intro-ena.html. The recognition of funding contributions of each Party and the Ultimate Recipient will be of equal prominence and visibility. Digital signage may also be used in addition to or in place of a physical sign in cases where a physical sign would not be appropriate due to project type, scope, location or duration. Where the Recipient decides to install a permanent plaque or other suitable marker with respect to the Project, it must recognize the federal contribution and be approved by Canada. The Recipient agrees to inform Canada of federal sign installations, through the project progress report (Schedule C). Where a physical sign is being installed, signage should be erected at the Project site(s) thirty (30) days, or one month, prior to the start of construction, be visible for the duration of the Project, and remain in place until thirty (30) days after the construction is completed and the infrastructure is fully operational or open for public use. Signage should be installed in a prominent and visible location that takes into consideration pedestrian and traffic safety and visibility. SCHEDULE E.9: COMMUNICATIONS COSTS The eligibility of costs related to communication activities that provide public information on this Agreement will be subject to Schedule A (Eligible and Ineligible Expenditures) and must be agreed to in advance by Canada. SCHEDULE E.10: ADVERTISING CAMPAIGNS Recognizing that advertising can be an effective means of communicating with the public, Canada and the Recipient may, at their own cost, organize an advertising or public information campaign related to the Program or the Project. However, such a campaign must respect the provisions of this Agreement and the Government of Canada requirements for advertising. In the event of such a campaign, each Party agrees to inform the other Party of its intention, no less than twenty-one (21) business days prior to the campaign launch. ACTIVE TRANSPORTATION FUND - CONTRIBUTION AGREEMENT FOR THE COVE 28 89 SCHEDULE F - DECLARATION OF SUBSTANTIAL COMPLETION In the matter of the Agreement entered into between His Majesty the King in right of Canada, as represented by the Minister of Infrastructure and Communities, and The City of Saint John (the "Recipient'), represented by (Name), concerning The Cove Project (the "Agreement'). Name), of the City/Town of Province/Territory of , declare as follows: I hold the position of with the Recipient and as such have knowledge of the matters set forth in this declaration and believe this declaration to be true. 2. a) I have received the following documents for The Cove Project: [LIST NAME OF RELEVANT DOCUMENT, e.g. Certificate of Completion, Certificate of Performance, Occupancy Permit, etc.] [INSERT if applicable "signed by (Name), a (Profession, e.g. professional engineer, professional architect or other applicable professional) for the Project."] b) Based on the above documents and the representations made to me by the professionals identified in section 2(a) above, I declare to the best of my knowledge and belief that the Project has been substantially completed, in that it can be used for its intended use, as described in Schedule B.1 (Project Description), as defined in the Agreement, on the day of the 20 [Insert #3, if applicable.] 3. 1 have received the following documents and based on these documents and representations made to me by the professionals identified below, I declare to the best of my knowledge and belief that the Project conforms with the guidelines of the Agreement: [LIST NAME OF RELEVANT DOCUMENT, e.g. Certificate of Completion, Certificate of Performance, Occupancy Permit, etc.] [INSERT if applicable "signed by (Name), a (Profession, e.g. professional engineer, professional architect or other applicable professional) for the Project."] [Insert #4, if applicable.] 4. 1 have received the following documents and based on these documents and representations made to me by the professionals identified below, I declare to the best of my knowledge and belief that the Project conforms with, as applicable, the [LIST THE APPLICABLE ENVIRONMENTAL REVIEW OR ASSESSMENT e.g., the Canadian Environmental Assessment Act, 2012, Impact Assessment Act, or Northern Regime]: 4 Include known documents required under the program in in the space provided. Use a separate line for each document using the same text/approach as in subparagraph i of each section. Additional documents may be added to this schedule over the course of the agreement on concurrence of the Parties. If applicable, as per Section 5 (Agreement Monitoring Committee), the AMC may review and recommend at any point over the duration of the Agreement that notice be provided to change this schedule. As per Section 9 (sub -section 9.3 or 9.5 depending on the circumstance) - Declaration of Substantial Completion - the Recipient is to request confirmation in writing from Canada as to whether the list of documents is complete prior to signing the Declaration and submitting it to Canada with the final claim. ACTIVE TRANSPORTATION FUND — CONTRIBUTION AGREEMENT FOR THE COVE 29 90 [LIST NAME OF RELEVANT DOCUMENT] signed by (Name), an (Profession, e.g. environmental consultant or other applicable professional). 5. All terms and conditions of the Agreement that are required to be met as of the date of this declaration have been met. Declared at (City/Town), in (Province/Territory) this day of 20 Signature ACTIVE TRANSPORTATION FUND - CONTRIBUTION AGREEMENT FOR THE COVE 30 91 z x 0 E=4 z U =4 x .s C O x W 0) Olt R', U) N cc L c' L U C 7 O U c O E E O U O c O C O O O i d N O N N N a c c� dP dc r � lw y r 00 la IL � ` b -$ j?Mao 14 v w•-.m tle O.�hA'•Ifl rw �p h c O L o > a Q � � 0 O O — c C � _ > n in C a>i } Ocn cn cn Q- o 4- 4- O o cn +- Z3 ca cn cn C: O } O O cv O cn O > O O U n �_ Q -O cv cn N LO fa 4-> O > (n ca CDN O O O O O O 0)C O CD— X O p 0 N LO O 0 0 U 0 +r O ?� J -p p "O +r t p O +- O O (a 0 > C C O O U O cn+r Z3 C O > � i a O ECD } O O — i _ p U CD oJ U c�v v N CD 0 0 U �O a | m � C) LL L E 0 / .7 / cn @ 0 o Ln 2 4 � E q $ 7 y 0 � % 0 % cn $ § / q q c- Eg E % 'o C) k % C 0- m U C 7 O U C O E O U z x 0 E=4 z N O N N N C cv C ca a U- Q x N O N It N O N C LL L 0 cu L U a tm 0 ■■ i -p fa U O ca > C O E O Vco U U O U � _ fn E "O U Q O C O > m L L C C OL O 0 O CL C L > U Q O } O COC U y O O Q O Z U Q Om cn C _ aF fn U 4 L U O m 0 i O O Q 7 a)E O L O E E O .CL W 0 Z3 O n O N CO 0 L > w X +r > i O OU E O O E C O O O O > O OCL cv ca CL 5 fa C � +' O 00 D O fa U co 0 0 r C ca a U- Q � :3 o LL N L It N cu N L) U r .y 0 a 0 C f0 0 U Q LL Q 2 tp N O N It N O N H �a a LL Q x N O N ICT O N c C U C f co o C co C C: (o � d co LL C Q C 2 co N � N co E E N Q U E c O > -O � N co � N C � N C E E N 0) O U 00 N E5 <01%/} N li 2 G E U 0 RT o U') I E E E E >cy,E � � C LL0)C C �C Q -ate �,o � +-� O �O C a � <co O� � Q� 2❑ 0 0 2 0 p�� M P � •x _ �TW / f rM1 � ..t/'z'• 'ko j C ca a O U Q LL Q 2 tp N O N It N O N a� cv +� C fa n O U) O > O d C O C CO Q' � E O C i O C O i cQ- C O O > 0 E C � E � CCO G U i O >+ (n m a_ O U C f0 a O U Q LL Q 2 tp N O N It N O N Not Of VA Ti ►AIL CM e w � V C cn � O O C U Z3 o Z3 c � C cn C � O cn Q c D E U cU O �C Q E cn O Z3 m V Od i O O U O _ O d Z3 U) aor. ca a O Z U Q LL Q 2 tp N O N It N O N b�A �0 E O O � C J O i O O C ca a O Z U Q LL Q 2 �D N O N It N O N Lip or 1 c ca a U Q LL Q 2 �D N O N It N O N U_ > fn O O O 0 � Q >, O � o fa � O •ice_-' � fn O � O cn ' C uj O "O cOp N � O cv O C O O fa O N d O fa N Z3 cv U > X �..� L u C C w�Q� O C .E N 0 L ca a O U Q + U O LL O Q 2 Q d �D N O W N 0) C N o O � N O +r � ca O O O O cn Q O Q "0 a cn� z �� rw 0 0 ca a U U Q LL Q 2 tp N O N It N O N co V� V V 0 i a 0 A o N y O A ca Z3 L O C L W -C O TO 2 O L (1) C) O }i Z " Z J � O a L � U cv � 'e/ � O � OU O U M O ai L :a C U ca � O � — Z � � Iq N O N C •rrL^^ v! U C 7 m J Iq N N C •L CO L U C 7 J N U O LO N c co 00 N LO N co 5 C'M N c m a LL Q N 0 N It N O N L c a> >> E E c L c N •� co 0 wo ® _ CDw E owC .® •ai rI U a cLb® •i® Z n cf.a> N c ' O J ' > O I > O > _ > aLo a N > co }, > o +, m co c p c *+ — � c c O O H O_ From: City of Saint John, New Brunswick <webform-noreply@saintjohn.ca> Sent: Sunday, December 31, 2023 12:51 AM To: Common Clerk <commonclerk@saintjohn.ca> Subject: Webform submission from: Request to Present to Council Form [ 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@saintiohn.ca or contact IT Service Desk at 649-6047.** Submitted on Sun, 12/31/2023 - 00:50 Submitted by: Anonymous Submitted values are: About Person/Group Presenting First Name: Daniel Last Name: Meza Name of Organization/Group (where applicable): Dragonfly Events Planning Address: 8-460 City Line Saint John, New Brunswick. E2M 1M1 Canada Day Time Phone Number: 15066393129 Email reachouttodaniel(@Email.com 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 Iisk Topic of Presentation: Empowering Women in Business 2024 - EWB2024 (Conference) Purpose for Presentation (what is the ask of Council): Dragonfly Events Planning, a local business based in Saint John, NB, would like to present EWB2024 to the council. EWB aims to create a dynamic platform for women in business to unite, inspire one another, and delve into the latest trends and topics crucial for their business growth. Our request to the City of Saint John is to fund/sponsor tickets for its own women leaders and deserving women in business from underserved communities for professional development. PURCHASE 10TICKETS PACKAGE HERE: https://dragonflynb.com/empowering-women-in-business-2024/ Background Information: This two-day conference offers education, connections, and grants, in collaboration with organizations that share a common vision of supporting women in business and contributing to the expansion of the business sector in Saint John, New Brunswick, and beyond. Speakers: Maayan Ziv Toronto guest CEO of AccessNow 35 Innovators Under 35, MIT Top 100 Most Powerful Women in Canada, WXN Olaitan Onyebuoha Canada's Top 100 Black Women to Watch Hayley Bohan Book Author "Brand -Worth -Loving" Hilary Ladd Musique NB (MNB) Awards nominees 2022 +30 FEMALE SPEAKERS, LEADERS AND INTERNATIONAL REFERENCES Breakout sessions: Key Strategies for entrepreneurs in the Saint John Region Opportunities for Women in Business in NB Build Your Symphony in Marketing and Branding Female leaders defining the arts and culture business Harmonizing Work and Life like a Pro Overcoming Challenging Times: Economic Recession 2024 Strategies to Female Excellence in Sales Tips for Mastering Financial literacy in Business Building High performance teams Women Driving Diversity and inclusion in the workplace Pioneering Digital Transformation and Al in Business How are Women Shedding Light on Sustainability and CSR? Building a Great Environment in the Workplace Are you making a request for funding? Yes From: City of Saint John, New Brunswick <webform-noreply@saintjohn.ca> Sent: Wednesday, January 17, 2024 9:26 AM To: Common Clerk <commonclerk@saintjohn.ca> Subject: Webform submission from: Request to Present to Council Form [ 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 spamsamplea-saintiohn.ca or contact IT Service Desk at 649-6047.** Submitted on Wed, 01/17/2024 - 09:26 Submitted by: Anonymous Submitted values are: About Person/Group Presenting First Name: Joel Last Name: Skogman Name of Organization/Group (where applicable): Saint John Horticultural Association Address: 48 Seely Street Saint John, New Brunswick. E2K 4B2 Canada Day Time Phone Number: (506) 657-1773 Email sihort(a�nb.aibn.com If you do NOT wish to have your personal information (address, phone number, email) become part of the public record, please check this box. No `§F:3 About your Request Topic of Presentation: Collaborative Opportunity for Advancing Saint John's Tourism and Revenue through Horticultural Association Events Purpose for Presentation (what is the ask of Council): The purpose of the presentation is to seek support and collaboration from the city council for the initiatives and events organized by the Saint John Horticultural Association. The key goals include: Highlighting Investments: Showcase the substantial investments made in improving the Campground, Public Gardens, and organizing Halloween and Christmas Market events over the past year. Emphasizing Potential Impact: Emphasize the potential of these events to attract significant tourism and generate long-term revenue for the city. Requesting Support: Clearly articulate the need for support from the city council, specifically in the form of financial assistance or other types of resources, to ensure the success and sustainability of these events. Collaborative Benefit: Illustrate how a collaborative effort between the Saint John Horticultural Association and the city council can bring about mutually beneficial outcomes, fostering growth and prosperity for the city as a whole. The overall aim is to persuade the city council members of the positive impact that supporting these events can have on the community, encouraging them to endorse and contribute to the success of the initiatives. Background Information: Organization Details: Organization Name: Saint John Horticultural Association General Manager: Joel Skogman Financial Contributions and Renovations: This year, the Saint John Horticultural Association has made substantial financial contributions to improve and enhance buildings owned by the city. Noteworthy renovations have been completed in almost every building within the Campground and the greenhouses in the Public Gardens, demonstrating a commitment to community development. Event Success and Attendance: Events organized by the association have seen remarkable success, with an excess of Iifi�7 15,000 people in attendance. The Halloween Walk experienced a significant increase in participation, nearly doubling from the previous year. Managerial Responsibility: Joel Skogman, as the General Manager, is responsible for overseeing the Public Gardens, greenhouses, and Rockwood Park Campground. Historical Significance: The Saint John Horticultural Association, established in 1892, has played a pivotal role in the community. In 1967, the association generously gifted Rockwood Park to the city, marking the beginning of a longstanding mutually beneficial relationship. Upcoming Events and Initiatives: Plans include hosting the first annual Violet Festival in the Public Gardens, aiming to bring in spring and highlight the gardens to the city. The association intends to organize more music venues throughout the summer as free concerts. Continuing successful events such as the 3rd Haunted Campground Walk and the 2nd Annual German Christmas Market. Overall Impact: Expanding events in Rockwood Park and the Public Gardens is anticipated to have positive effects, including increased tourism, activation of public spaces, enhanced value for citizens, and more. This comprehensive background information is submitted in support of the request for an audience with the city council to discuss collaboration and support for the Saint John Horticultural Association's initiatives. Are you making a request for funding? Yes Iiwe] S-kjheDhy� January 17, 2024 City of Saint John 15 Market Square Saint John, NB E21- 41-1 Subject: Proclamation of YMCA Month Dear Mayor Reardon and Council, YMCA of Southwestern New Brunswick 191 Churchill Blvd, Saint John, NB E2K 3E2 swnb.ymca.ca I am writing on behalf of the YMCA Southwestern New Brunswick to propose the proclamation of a special month dedicated to the YMCA - a month that recognizes the outstanding contributions and positive impact the YMCA has had on our community. The YMCA has been a steadfast pillar in our community, embodying values of community service, healthy living, and youth development. With a rich history spanning 170 years, the YMCA has played an essential role in fostering inclusivity, promoting diversity, and bringing people of all ages and backgrounds together. We believe that recognizing the YMCA's contributions through an official proclamation would not only celebrate the organization but also inspire community members to participate in the festivities and activities planned for this momentous occasion. This proclamation would not only honor the YMCA but also mark our 170 years of dedicated service to the community. I kindly request that the City Council consider adopting a proclamation declaring May YMCA Month in Saint John. This would not only acknowledge the significant impact of the YMCA but also highlight the positive influence it has had on countless lives over the past 170 years. I understand the demands on your time and appreciate your consideration of this request. Thank you for your attention to this matter, and we look forward to celebrating this momentous occasion with the entire community. Sincerely, / Jennifer Yeomans JL~ a/kL/,D- Chief Development Officer 506-634-4927 j.yeomans@yswnb.ca 121 From: City of Saint John, New Brunswick <webform-noreply@saintjohn.ca> Sent: Monday, January 15, 2024 7:14 PM To: Common Clerk <commonclerk@saintjohn.ca> Subject: Webform submission from: Request to Present to Council Form [ 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 spamsamplea-saintiohn.ca or contact IT Service Desk at 649-6047.** Submitted on Mon, 01/15/2024 - 19:13 Submitted by: Anonymous Submitted values are: About Person/Group Presenting First Name: June Last Name: Rennick Address: Day Time Phone Number: Email If you do NOT wish to have your personal information (address, phone number, email) become part of the public record, please check this box. Yes About your Request Topic of Presentation: Not for profit organizations Purpose for Presentation (what is the ask of Council): I would like the council to address the importance of accounting for all not for profit organizations. Prioritize voice to be heard, and group charities based on foundation of change to be made. Communicate to organizations the importance of downsizing the `PA dollar spent by probable grouping of charities to minimize funding. Background Information: We are being called lazy in Canada if we reference the news. We are looking at recession and proactive movement could contribute to a great outcome. Are you making a request for funding? No `P491 From: City of Saint John, New Brunswick <webform-noreply@saintjohn.ca> Sent: Wednesday, January 17, 2024 4:05 PM To: Common Clerk <commonclerk@saintjohn.ca> Subject: Webform submission from: Request to Present to Council Form [ 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 spamsamplea-saintiohn.ca or contact IT Service Desk at 649-6047.** Submitted on Wed, 01/17/2024 - 16:04 Submitted by: Anonymous Submitted values are: About Person/Group Presenting First Name: Brenda Last Name: Lee Name of Organization/Group (where applicable): Age Friendly Active Communities New Brunswick Address: Day Time Phone Number: (506) 754-5188 Email afacnb. brenda(a-)gmail.com 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 Topic of Presentation: Creating Age Friendly Communities in New Brunswick Purpose for Presentation (what is the ask of Council): I am asking to present information on the New Brunswick Age Friendly Community Recognition Program for the purpose of the City of Saint John to pursue becoming recognized as an age friendly community. Background Information: The New Brunswick Age -Friendly Community Recognition Program is a way of encouraging communities and municipalities across the province to become welcoming places for all ages. The program encourages the creation of policies, services and structures that promote healthy aging and wellness. This initiative was started by the World Health Organization and is backed by the Public Health Agency of Canada and the Provincial Government. The Age -Friendly Community movement encourages healthy aging and wellness under the following eight areas: Outdoor spaces and buildings Transportation Housing Social participation Respect and social inclusion Civic participation and employment Communication and information Community support and health services Work in these key areas can help seniors to live in secure, healthy environments where they can contribute fully to society. There are 4 basic steps: -Pass a Municipal Resolution -Establish an Advisory Committee -Complete a community needs assessment -Develop an Action Plan Apply to be recognized as age friendly. Are you making a request for funding? No `M1 From: City of Saint John, New Brunswick <webform-noreply@saintjohn.ca> Sent: Monday, January 8, 2024 1:41 PM To: Common Clerk <commonclerk@saintjohn.ca> Subject: Webform submission from: Submission to Council Form [ 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@saintiohn.ca or contact IT Service Desk at 649-6047.** Submitted on Mon, 01/08/2024 - 13:41 Submitted by: Anonymous Submitted values are: About Person/Group Submitting First name Andrew Last name Folkins Mailing Address Telephone Email If you do not wish to have your personal information (address, phone number, email) become part of the public record, please check this box. No About your Submission Topic of submission Shelters Purpose for submission (what is the ask of council): Removal Executive summary In the past couple of weeks, I have noticed shelters being set up in the Loyalist Burial ground. I think this is absolutely absurd that the City allow this to happen. This is a burial ground a place of sacred for the dead not a place to put up a tent, leave garbage and have people urinate on loved ones stone. I realize this is happening all over, but this is not the place nor should it ever be. MAN M&C No. 2024-14 Report Date January 16, 2024 Meeting Date January 22, 2024 Service Area General Counsel SUBJECT: Request for Expression of Interest for 21 Troop Street EXECUTIVE SUMMARY OF COMMITTEE OF THE WHOLE REPORT FOR OPEN SESSION OF COUNCIL Staff have recently conducted an internal review of the City's land assets and have identified properties that may be ready for sale for the purpose of re- development. These parcels were considered by Growth Committee at its meeting held November 21, 2023, and Growth Committee endorsed 21 Troop Street as one of the parcels that are currently surplus to the City's needs. Staff are recommending an open and transparent REO1 process to receive and evaluate development opportunities for this site. COUNCIL RESOLUTION That the City deem the property at 21 Troop Street, comprised of PIDs 424283 and 55055230 as surplus to its needs. lim-11 M&C No. 2024-004 Report Date January 17, 2024 Meeting Date January 22, 2024 Service Area Growth and Community Development Services SUBJECT. 2024 Community Centre and Neighborhood Service Agreement Renewal EXECUTIVE SUMMARY OF COMMITTEE OF THE WHOLE REPORT FOR OPEN SESSION OF COUNCIL Community centres and neighborhood associations play a vital role in delivering programs and services that enhance the quality of life for Saint John residents. Since 2006, the City of Saint John has employed a community -based model for the delivery of recreation and wellness services through partnerships with various service providers. Funding is delivered through Community Centre Service Agreements. The City of Saint John funds six community centres throughout Saint John through an alternate service delivery model. The centres provide access to recreation and wellness activities at no cost to residents. These include the C.E. Nick Nicolle Community Centre, Carleton Community Centre, South End Community Centre, Boys and Girls Club, Millidgeville Community Centre, and the Irving Oil Fieldhouse. The City of Saint John has Community Centre Service Agreements with The One Change Inc., Carleton Community Centre Inc., Boys and Girls Club, and the YMCA of Greater Saint John Inc., to deliver services at these locations. The City of Saint John Neighbourhood Services Agreements were established in 2016 to provide funding to non-profit service providers whose primary purpose was to alleviate the effects of poverty for residents living in priority neighborhoods. The service agreements were intended to provide longer term funding to ensure the sustainability of neighbourhood services providers and allow them to leverage the City's funding commitment to secure additional sources of revenue. The City of Saint John has Neighbourhood Services Agreements with The One Change Inc., Carleton Community Centre Inc, P.U.L.S.E., Crescent Vally Resource Centre, Waterloo Village Group, and the Human Development Council —Around the Block and the Teen Resource Centre. W16.1 In December 2022, all service agreements were renewed with community partners for both Community Centres and Neighbourhood Associations. Three of the twelve agreements were renewed for a one-year term in order for each to address specific objectives including restructuring, service improvements, and evaluation and reporting requirements. These include the Millidgeville Community Centre, operated by the YMCA, the Waterloo Village Neighbourhood Group, and the Around the Block Community Newspaper, operated by the Human Development Council. After review of the three above agencies staff is recommending the renewal of the Millidgeville Community Centre (YMCA) service agreement as well as entering into an agreement with the Corporation of the Anglican Parish of St. Mark, Saint John for the Waterloo Village Neighbourhood Group. Both are for a period of 3 years to expire on December 31, 2026. Based on staff evaluation and a letter submitted from the Human Development Council, staff recommend not to renew the expired contract for the Around the Block Newspaper. COUNCIL RESOLUTION RESOLVED that the parties enter into an agreement in consideration for the annual grant between the City of Saint John and the Corporation of the Anglican Parish of St. Mark, Saint John. (Waterloo Village Neighbourhood Group) for a period of three (3) years, from January 1, 2024, until December 31, 2026, as outlined in Appendix 'A' of the 2024 Community Centre and Neighbourhood Service Agreement Renewals report submitted to the Committee of the Whole agenda of January 22, 2024, and that the Mayor and City Clerk be authorized to sign all necessary documentation. RESOLVED that the parties renew the agreement in consideration for the annual sum of $54,375.58 (HST included) between the City of Saint John and the YMCA of Greater Saint John Inc. for services at Millidgeville Community Centre for a period of three (3) years, from January 1, 2024, until December 31, 2026, as outlined in Appendix'B' of the 2024 Community Centre and Neighbourhood Service Agreement Renewals report submitted to the Committee of the Whole agenda of January 22, 2024, and that the Mayor and Common Clerk be authorized to sign all necessary documentation. RESOLVED that the City of Saint John retains the funds resulting from the terminated agreement with HDC for future consideration of proposals for services or projects that aim to alleviate the effects of poverty within Saint John neighbourhoods. `[till -5- M&C No. 2024-024 Report Date January 18, 2024 Meeting Date January 22, 2024 Service Area Finance and Administrative Services SUBJECT: Saint John Energy FCM Loan & Grant Request EXECUTIVE SUMMARY OF COMMITTEE OF THE WHOLE REPORT FOR OPEN SESSION OF COUNCIL Saint John Energy (SJE) have made a formal request to the City to support their application to the Federation of Canadian Municipalities (FCM) Community Efficiency Financing (CEF) program which includes the opportunity to obtain a low interest loan for up to $10 million dollars and a grant for up to $5M based on 50% of the loan value drawn. The Finance Committee supported the recommendation to proceed with the application. SJE's CEF application is primarily focused on providing alternative funding for Heat Pumps that would otherwise have been purchased and financed using SJE's revolver credit facility, over a four-year period. The loan amount is up to a maximum of $10 million. The CEF program only provides funding of 80% with SJE providing the balance of the cost to purchase the Heat Pumps. Using this loan will allow SJE to access CEF grant funds up to $5 Million. This funding will be used to offset costs of delivering this program and improving the efficiency and capacity for SJE to deliver this and similar programs for the benefit of our customers. COUNCIL RESOLUTION Be it Resolved: "1) That, subject to (i) Federation of Canadian Municipalities (FCM) approval of Saint John Energy's (SJE) Community Energy Fund (CEF) application, (ii) the approval of the definitive loan and guarantor agreements by the Board of SJE and (iii) the approval of the definitive loan and guarantor agreements by the City, the City is prepared to guarantee the loan portion of SJE's potential funding under the CEF funding program and recognizes that doing so will require that the City be an additional signatory to SJE's FCM loan and grant agreement, as Guarantor. And 2) That the Mayor be authorized to send a letter to FCM in this respect." 131 fI F . M&C No. 2024-026 Report Date January 17, 2024 Meeting Date January 22, 2024 Service Area Corporate Services SUBJECT: Code of Conduct Complaints — Councillors Harris and Killen EXECUTIVE SUMMARY OF COMMITTEE OF THE WHOLE REPORT FOR OPEN SESSION OF COUNCIL The purpose of this report is to formally resolve all matters related to Code of Conduct complaints filed against Councillors Harris and Killen. COUNCIL RESOLUTION 4. That the City enter into a Settlement Agreement with Brent Harris and Joanna Killen in the form presented to Committee of the Whole at its January 22, 2024 meeting and that the Mayor and Clerk be authorized to execute the said Agreement; and further 5. That Brent Harris and Joanna Killen be reinstated to their respective Boards and Committees in the capacity of members of such Boards and Committees, from which duties they were temporarily relieved by decision of Council at its October 3, 2023 meeting. `19%