eSCRIBE Agenda Package - Fredericton.ca

COUNCIL-IN-COMMITTEE

OPEN MEETING

COMITÉ PLÉNIER

SÉANCE OUVERTE AU PUBLIC

Date: Monday, August 12, 2019, 5:00p.m.

Location: Second Floor Committee Room,City Hall, Fredericton

Date: le lundi 12 août 2019, 17 h 00Endroit: Salle des comités au 2e étage, l’hôtel de

ville de Fredericton

1. Agenda

Conflict of InterestMembers of Council must discloseif they have a conflict of interest inany matter which is the subject ofconsideration before Council.

1. Ordre du jour

Déclaration de conflit d'intérêtsLes membres du conseil sonttenus de signaler tout conflitd'intérêt avec un point dont leconseil est saisi.

1.1 Briefing on the Upgrades toTechnology & the Renovationsin the 2nd Floor CommitteeRoom

Verbal Presentation by: (10mins)

Adam Bell, AssistantDirector, CorporateServices

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1.1 Breffage sur les nouvellestechnologies et sur lesrénovations de la salle descomités (2e étage)

Exposé oral : (10 min)A d a m B e l l ,directeur adjoint –Services généraux

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1.2 Fredericton Regional AquaticCentre Inc. – Request forFinancial Assistance

Administrative Report andPowerPoint Presentation by: (20 mins)

Jeff Tra i l , DeputyCAO

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1.2 Centre aquatique régional deFredericton – demanded’aide financière

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Rapport administratif etprésentation PowerPoint :(20 min)

Jeff Trail, directeurmunicipal adjoint

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1.3 Enhancing Fredericton as aTourism Destination - Toward aTourism Accommodation Levy

PowerPoint Presentation by: (20 mins)

D a v i d S e a b r o o k ,●

1.3 Renforcer l’image deFredericton commedestination de séjourtouristique

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Présentation PowerPoint :(20 min)

Director, Recreation,T o u r i s m & P u b l i cEngagement

David Seabrook,directeur, Loisirs,t o u r i s m e e tm o b i l i s a t i o ncommunautaire

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1.4 Resurfacing Program: Currentand Future Challenges

PowerPoint Presentation by: (30mins)

M i k eWa l k e r , Ma n a g e r ,Roadway Operations

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1.4 Programme de resurfaçage :défis actuels et futurs

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Présentation PowerPoint :(30 min)

Mike Walker,gestionnaire,Opérations devoirie

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1.5 Universal Bus Pass Program –UNB Graduate StudentsAssociation 2019-2022

Administrative Report Presentedby: (5 mins)

Me r ed i t h G i l b e r t ,Man a g e r , T r a n s i t&Parking

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1.5 Programme de carted’autobus universelle –Association des étudiantes etétudiants diplômés de l’UNB(2019-2022)

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Rapport administratif : (5min)

Meredith Gilbert,gestionnaire,Transport encommun etServices destationnement

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1.6 Universal Bus Pass Program andDigital UPass Agreements -STU


Me r ed i t h G i l b e r t ,Man a g e r , T r a n s i t&Parking

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1.6 Rapport administratif : (5min)• Meredith Gilbert,gestionnaire, Transport encommun et Services destationnement - STU

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Meredith Gilbert,g e s t i o n n a i r e ,T r a n s p o r t e nc o m m u n e tS e r v i c e s d estationnement

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1.7 Housekeeping Amendments toBy-Law No. T-7


1.7 Modifications de l’arrêté noT-7

157


Mered i t h G i l b e r t ,Man a g e r , T r a n s i t&Parking

● Meredith Gilbert,g e s t i o n n a i r e ,T r a n s p o r t e nc o m m u n e tS e r v i c e s d estationnement

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1.8 ANBL Safe Rides Agreement2019


Me r ed i t h G i l b e r t ,M a n a g e r T r a n s i t&Parking

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1.8 Programme deraccompagnement sécuritaire2019 d’ANBL

161


Meredith Gilbert,gestionnaire,Transport encommun etServices destationnement

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1.9 Ad Hoc Committee on GenderDiversity – Terms of Reference


C o u n c i l l o r K a t eRogers

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C o u n c i l l o r G r e gEricson

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1.9 Comité spécial sur la mixitédes sexes – mandat

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K a t e R o g e r s ,c o n s e i l l è r emunicipale

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G r e g E r i c s o n ,c o n s e i l l e rmunicipal

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To: His Worship Mayor Mike O’Brien and Members of City Council.

From: Jeff Trail, Deputy CAO Date: August 08, 2019 Title: Fredericton Regional Aquatic Centre Inc. – request for financial assistance []

OPEN OR CLOSED SESSION: This item is for consideration in the Open Session of Council in Committee. ISSUE: The Fredericton Regional Aquatic Centre Inc (FRAC), a recently incorporated not-for-profit company with a purpose of “the creation, and operation of regionally based Aquatic Centre”, has requested financial assistance to perform a feasibility study, public consultation and capital and operating cost analysis for a potential new aquatics facility. The request is for $24030 of a total $104780 project. The remainder of the funds will come from surrounding communities of Hanwell ($2500), New Maryland ($1750) and Oromocto ($1500) with the balance being funded by the Province of NB, Department of Tourism, Heritage and Culture (approximately $75 000). The project funds will be administered through the Regional Services Commission. BACKGROUND: In February of this year, the City reached an agreement to provide a $3 million contribution to a new $32 million regional aquatic centre plus an additional $3 million in exchange for a land contribution to the City from University of New Brunswick for a total of $6 million. In May 2019, Chris Ramsey stepped forward as the Chairperson for the project development. Mr. Ramsey has since met with surrounding communities to seek support for the project, has established a not-for-profit corporation with 3 initial directors, and has secured over 75% of the funds for the feasibility work. DISCUSSION: A feasibility study is necessary at this point in time in order to assess the potential options, locations and operating models for a regional aquatic centre. This will allow the project proponents to consult with user groups and potential contributors to the project to evaluate the various location and design options and quantify the costs associated with each before making a recommendation on where and how to proceed. The study will be performed by a qualified firm which specializes in projects of this nature. A copy of the current proposal and scope of work is attached. The $24030 contribution represents 23% of the total cost of the analysis. Providing a contribution towards the feasibility study does not bind any of the parties to any further financial contributions beyond those already made.

COUNCIL POLICY: N/A

ADMINISTRATIVE REPORT

Council-in-Committee Open session – Aug 12, 2019

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FINANCIAL CONSIDERATION: N/A

LEGAL CONSIDERATION: It has been determined that there are no direct legal considerations associated with this contribution. Staff of the Legal Division are prepared to provide further analysis as required.

SUSTAINABILITY DUE DILIGENCE:

the economic impact: N/A

the environmental impact: N/A

the social impact – N/A

SPOKESPERSON: Mayor O’Brien will be the designated spokesperson on this file.

OPTIONS:

1) Council could elect to make a $24030 financial contribution toward the feasibility study. 2) Council could choose to make a different financial contribution. 3) Council could choose to give other direction to staff with respect to this project.

RECOMMENDATION: It is recommended that Council in Committee immediately forward the following resolution to the Regular City Council session for consideration:BE IT RESOLVED that the City of Fredericton hereby authorizes and approves a financial contribution of $24030 toward a $104780 feasibility study into a potential regional aquatic facility conditional upon the balance of funds being secured from a combination of regional communities and the Province of New Brunswick. Prepared by: Jeff Trail, Deputy CAO

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Greater Fredericton Regional Aquatics, Inc:Needs Analysis, Financial Feasibility and Business Plan

Submitted: August 1, 20193

August 1, 2019

Sierra ∙ Planning and Management (trade name of Sierra Planning Services Inc., a corporation registered in Ontario: 1759747) HST No: 82159 3613

Mr. Chris Ramsey Sent via email CEO of the Greater Fredericton Region Aquatics Facility, Inc.

RE: Greater Fredericton Region Aquatics Facility, Inc. Proposal for Services

Aquatic and Fieldhouse Facility: Needs Analysis, Financial Feasibility and Business Plan

Dear Mr. Ramsey:

Please find below our proposal for consulting services for your review.

1 INTRODUCTION

Further to our discussions of recent date, we are pleased to provide this proposal for consulting services to undertake a community needs analysis, financial feasibility assessment and indicative business plan in respect of the prospective regional aquatics and fieldhouse facility. Included in this letter is an understanding of the assignment, a proposed scope of work, anticipated budget and timelines to complete the work, as well as details regarding our team.

For this assignment, we are partnered with our architectural (concept development) subconsultants comprised of:

• Perkins + Will Architects (Sport and Recreation Practice), based in Toronto to provide guidance on overall design considerations alongside and as part of the feasibility exploration; and

• Lydon Lynch Architects based in Halifax, providing concept plan support to the team. Lydon Lynch are an award winning architectural practice and we are pleased to have Keith Tufts, Principal and lead artchitectural designer of the firm, as part of our team.

As discussed, we would be pleased to discuss the particulars of our proposed approach and workplan to ensure that it meets the fundamental goal of an achieving an objective assessment of feasibility that is the basis for effective municipal planning, design and execution, led by the City of Fredericton, contributing Local Service Districts (LSDS) and the newly formed Fredericton Regional Aquatics Centre Inc.

206 Laird Drive, Suite 200 Toronto, Ontario M4G 3W4 T: (416) 363 4443 F: (866) 895 5925 www.sierraplan.com

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Greater Fredericton Region Aquatics Facility, Inc. August 1, 2019


2 BACKGROUND

In terms of the background to this project we understand the following:

▪ The University of New Brunswick (UNB) has announced its intent to close its aquatic facility. The UNB pool has served as the aquatics venue for the community since its construction. There is considerable interest in this project from the competitive aquatics user groups and a desire for a 50m pool is apparent, rather than a typical municipal standard pool of 25m with additional leisure pool elements. The particular combination of aquatic facilities and amenities is likely to be an important part of the consultation, analysis and council decision making.

▪ There is considerable opportunity to add other uses and a fieldhouse has been considered to date. Some initial financial feasibility work undertaken by Hemson Consulting indicates the potential (under the correct circumstances) for the fieldhouse to be revenue neutral or revenue positive operationally.

▪ We understand that as of 2018, Saint Thomas University had expressed an interest in fieldhouse space as well as opportunities for sport courts in general, while the YMCA has an interest in dry land programming space as well.

▪ In terms of preferred site location, the instruction to the consulting team is to focus on the opportunity to place the complex on the site of the existing municipally owned Grant Harvey Arena/Abony Tennis Centre/Sportsfield complex accessed from Knowledge Drive. The consulting team will not undertake a broader site location analysis. If this is required it can be undertaken for additional fees and scope.

▪ There is a need to ensure that the final composition of uses does not serve one or two interest groups to the exclusion of others but represents a partnership-based approach to the determination of activity components, the capital funding, operating model and the creation of multi-generational community and recreational space.

▪ The basis for the development project, as announced by the City of Fredericton in the spring of 2019 includes:

o establishing design, location and costing for an aquatics centre that is cost-effective and meets the needs of the community;

o securing major funding partners such as provincial and federal government, regional LSDs and universities;

o establishing an appropriate facility ownership and operating model; o driving a community-focused capital campaign; and, o transitioning the project into its next phase: construction.

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3 THE TEAM

3.1 Sierra Planning and Management: Experience and Qualifications

Sierra Planning and Management (Trade Name: Sierra Planning Services Inc.) is a broad based management consulting firm, founded in 2008. Sierra Planning and Management was established with the clear goal of creating a more responsive, higher value added advisory service for the public, private and institutional sectors, focusing on change management, service delivery, major capital projects, strategy development and fiscally sound implementation plans for a range of facilities and other development projects.

Our team is well-versed in the area of recreation master planning, business planning for a broad range of recreation facilities, and sport tourism planning and development. The company is an affiliate member of the Canadian Sport Tourism Alliance (CSTA).

Sierra Planning and Management provides a range of strategic planning, market research and financial feasibility services related to municipal recreational facilities, tourism, commercial, residential, community needs and growth management. The services of the firm are tailored to the needs of the client. Our core service areas as they relate to the current assignment include:

▪ Recreation, Community and Cultural Planning – with over 20 years of experience in recreation and community planning, Sierra has undertaken numerous strategy processes, feasibility assessments for community ice arenas, community centres, libraries and sports fields, and conducted recreation master plans to guide forward planning for both facilities and services.

The principals of Sierra are experts in the economics and planning of new state-of-the-art multi-use sports and entertainment centres in Canada. We have been involved in a number of signature projects and provide a range of integrated services to help municipalities determine the relative costs and benefits of such significant investment: this includes planning for appropriate scale, securing the location which will yield maximum economic gain to the surrounding business community, rigorous analysis of operating cash flow based on a detailed assessment of the markets for sports and non-sports events, the advantages of co-location with other facilities, including hotel and convention functions, and the assessment of capital costs.

▪ Economic and Financial Strategic Advisory – Our economic and financial advisory services assist municipalities and others in creating capital and operating plans to effect change; we provide the necessary rationale and priority setting principles in a resource‐constrained environment, followed by detailed implementation business planning. Much of our work relates to planning for growth in public services, facilities and infrastructure.

Our experience of financial modelling and knowledge of the capital funding environment in Canada, including Government funding mechanisms, can help provide the necessary focus on actionable plans for small and large-scale capital projects alike.

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▪ Market Opportunities and Feasibility – Sierra has a core competence in performing detailed market research and planning for a range of land uses including community recreational development. We are highly familiar with market area based demographic and economic analysis and projections, trends in recreational participation, facility needs, programming and delivery methods for both construction and operation of community facilities.

▪ Consultation – Much of the work of Sierra involves stakeholder consultation or broader public dialogue. We have considerable expertise and experience in engaging stakeholders for a variety of project-related purposes, using a range of methods of engagement and follow-up. Our experience includes both formal and informal consultation techniques, information exchange and opinion survey, as well as consultation mandated by legislation, regulation and government policy. Our choice of consultation method is tailored to the requirements of the project. Our approach represents a flexible tool to maximize the effectiveness of any given consultation process and takes advantage of the growing range of internet-based media to enable community input.

3.2 Perkins + Will Architects

Perkins + Wills is an international architecture firm, established in 1935, with offices throughout North America and overseas. At Perkins and Will, our simple goal is to enhance and improve the quality of community life through design. To attain this goal, however, we invest considerable time and commitment to build strong connections with our clients and local residents. Only by getting to really know the true potential of a project can we create enduring legacies that capture the unique character and spirt of a community.

Our Sports and Recreation team is experienced in local, national, and international projects. We have won recognition for projects that combine issues of sustainability, innovation, quality, functionality, and cost effectiveness.

Phil Fenech has more than 25 years of experience creating facilities that offer opportunities for sport, wellness and learning. As a principal at Perkins+Will’s Toronto studio, one of his key priorities is to help each community or campus tell its own unique story. Phil helps clients respond to the distinct needs of users and operators through deep expertise in Sport, Fitness and Recreation programming and firmly believes public and user engagement is critical in encouraging communities to communicate their values. Phil provides leadership for complex and multi-partner projects from start-up to warranty review with the aim that clients achieve their key performance indicators and the design exceeds their expectations. In 2018 notable recognition for influential community-oriented projects led by Phil include an Athletic Business Facility of Merit Award for York Recreation Centre as well as two Mississauga Urban Design Awards for Meadowvale Community Centre and Library, including an Award of Excellence and a Healthy by Design Award.

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3.3 Lydon Lynch Architects

Since 1979, Lydon Lynch has built a reputation for design excellence as architects and interior designers for many of Atlantic Canada’s most recognized and respected buildings. Today, Principals Eugene Pieczonka and Keith Tufts continue to build on the firm’s history while embracing the future. The company’s portfolio includes commercial, institutional, residential, educational, and sustainable buildings.

Lydon Lynch will provide concept design support to Perkins and Will.

4 APPROACH AND PROPOSED SCOPE OF WORK

4.1 Study Focus

The City to Fredericton has a Recreation Master Plan dating to 2008. While currently in use, this document is dated and any consideration of the need for a new multi-use community recreation center comprising both a pool and fieldhouse as well as potentially other components requires a reappraisal of community needs and options for development. That is essential given that under any business model, a new aquatics facility will be part and parcel of the publicly subsidized recreational infrastructure and service provision in the region. At the same time, we understand that the Fredericton Regional Aquatics Facility Inc., and the municipality and LSDs contributing to this feasibility study, do not require this study to address recreational needs in general. Accordingly, the focus is on the recreational needs that can and should be met in a building complex and on a site that at the core of which is a new regional indoor aquatics facility. As part of our general research we will make the necessary links between the viability of this facility and the potential for additional components/spaces/services as part o the building and as part of the site. This represents good practice in developing the case for multi-use facilities/campus sites and potentially a viable argument for incremental capital spending to meet broader needs.

However, in terms of the concept development, financial business case and governance model, we will focus primarily on the aquatics facilities and the potential for a field house or similar complex.

4.2 Scope of Work

The following represents the key areas of investigation which together comprise the work plan.

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Work Plan

Community Need & Concept

Rationale

Engagement

Concept Development &

Costing

Operational

Model/Performance and

Reporting

Ite

miz

ed

Tasks

Project Start- Up • Review 2013 Feasibility Report for Issues, Relevance and Forward Framework

• Confirmation of Scope, Deliverables and Timeline

• Steering Committee-Consultant Meeting

• Sierra – In Person

• Perkins + Will / Lydon Lynch via conference

Situation Analysis • Review of existing facilities

• Utilization and demand by community

• Provincial, municipal, funding policies and cost sharing background

• Existing facility financial performance

• User Group Online Survey

• Facilitated User Group Meeting (Optional)

• Sierra -In Person

Metrics-Based Needs Analysis

• Service-based standards and benefits to surrounding communities

• Current gaps and future gaps

• Growth projections: region, city, LS

• Projected future needs by 5-year period

• Review of Needs with City Parks and Recreation (concurrency exercise)

• Sierra – Via Conference Call

Best Practice • Facility trends (aquatics, field houses, multi-use)

• Partnerships and Inter-jurisdictional collaboration

• Regional Partners Meeting (at Study Mid-Point) Sierra – Via Conference Call

• Precedent development examples • Best practice / current practice review of third party not-for-profit operating entities and associated governance models

Future Facility Requirements

• Resulting preliminary functional space program requirements

• Meeting/Interview with Prospective partners (UNB/St. Thomas University/others)

• Exploration of Functional program needs and opportunities

• Impact (if any) of operating model on functional space program priorities

Concept Development

and Review

• Finalized Functional space program for site testing/concept design purposes (based on agreed principles for development of multi-use/multi-purpose facilities, agreed community needs and priorities, required service standards expected by community, and benefits from modular additions to the core program)

• Facilitate Feedback Meeting with Steering Committee

• Meeting to present concept options and facilitate preferred option selection with Steering Committee

• Selection of preferred option Sierra – In Person Perkins + Will/Lydon Lynch – via Skype (option to be in-person)

• Test fit program on site

• Develop 3 higher level concept design options and high level capital costing by team

• Development of preferred option as necessary based on feedback

• Class D costing Estimate of preferred option by qualified cost consulting firm

• Excludes Civil Engineering Cost precision (will be an allocation for site servicing and site development)

• Development of financial operating model by building component/ annual P&L proforma for 20-year period

• Estimate of total costs of ownership and annual average lifecycle costs

• Estimate of total cost of ownership over functional life of building

• Sensitivity analysis included in financial estimates

• Development of indicative business plan based on capital cost envelope, operating NOI estimates and additional revenue opportunities.

• Comparison of results to prior assessment of option to expand Fredericton Indoor Pool.

• Draft and final report

• Sierra – In Person

Business Case and Reporting

Month 1

Month 1 - 2

Month 3

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4.3 Outcomes

The outcomes of the proposed work program are expected to include: ▪ A research process and consultation plan that has been executed with the full involvement with the

relevant user groups and the public from project commencement to provision of draft results to City Council;

▪ An evidence-based program in support of the proposed facility; ▪ A resulting functional space program that reflects the balance between community needs and wants

and financial feasibility; ▪ An approach to governance and risk sharing that should be considered during the implementation

phase; and ▪ A seamless transition to the design and site selection phase of the project. The concept designs as part

of this exercise will represent a site testing exercise and 2 dimensional footprint and floor plans for the facility based on the functional space program. These are diagrammatic in nature and will be concepts which post study would need to be subject to schematic design which will enable a Class C level of capital cost estimation.

▪ Cost estimation for this exercise will remain at the Class D level, with provision for cost contingencies factored into the analysis including those for site development and servicing.

▪ The study will not include any site related environmental, geotechnical, traffic or other specialist design and costing services as this represents an initial feasibility assessment based on the establishment of an agreed concept.

5 PROPOSED TIMELINE AND BUDGET

5.1 Timeline to Complete

Based on the work program and on the assumption of a project start date in mid August, a 3 month timeframe is likely required. This would ensure that the reports are completed by mid to late November.

5.2 Budget

The proposed budget reflects the level of effort anticipated and includes provision for the optional attendance identified in the body of this proposal.

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Note: cost consultant services will be sourced through Perkins and Will.

6 STAFF ASSIGNED

Jonathan Hack, BA, BPI, MA, MCIP, RPP, PLE – Director, Sierra Planning and Management

Jonathan is a development feasibility and business planner with over 20 years of experience in professional consulting. Jonathan is a leading consultant in planning for and implementing new spectator venues in the Canadian market place. He has managed the following recent feasibility studies for multi-use sports and entertainment centres:

▪ City of Peterborough Sports and Entertainment Centre Feasibility Study (2017-19) ▪ City of Penticton Multi-Use Sports and Entertainment Centre Feasibility Study (2017-18) ▪ Business Plan, Market Feasibility Assessment and Economic Impact Analysis for a new Multi-Use Sports

and Entertainment Centre, City of Spruce Grove, Alberta (2015-16) ▪ Feasibility Study for a New Downtown NHL Arena in Edmonton (2010) ▪ Toronto 2015 Pan/Parapan American Games Velodrome Business Plan (2012) ▪ Ivor Wynne Stadium, City of Hamilton (2013) ▪ City of Guelph South End Community Centre (2015) ▪ Downtown Moncton Multi Use Sports and Entertainment Facility Business Plan and Economic Impact.

(2011) ▪ Business Plan, Locational Analysis and Economic Impact Analysis– Hamilton Velodrome Facility for the

2015 Pan Am Games (2012) ▪ Halifax Stadium Stadium Business Plan and Consultation (2011) ▪ City of Guelph Recreation Facility Needs Assessment, Feasibility Study, and Implementation Strategy :

South End Recreation Centre (2014) ▪ Township of Leeds Facilities Master Plan (2015-16) ▪ City of Fredericton Feasibility Assessment for Public Pool (2017)

Fredericton Aquatic and Fieldhouse Facility: Needs Analysis,

Financial Feasibility and Business PlanSierra

Perkins +

Will /Lydon

Lynch

Cost

ConsultantTotal Fees

Project Commissioning and Background Review $7,500 $1,000 $8,500

Community Need and Concept Rationale $15,000 $2,000 $17,000

Engagement $5,000 $5,000

Concept Development and Costing $7,500 $21,000 $5,000 $33,500

Operational Modelling $15,000 $15,000

Reporting and Presentation $15,000 $1,000 $16,000

Total Professional Fees $65,000 $25,000 $5,000 $95,000

$5,000

$100,000

$115,000

Disbursements (billed at cost): Assume 4 person trips

Total Professional Fees and Disbursements exclusive of HST

Total Budget (Inclusive Fees, Disbursements & HST)

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▪ Simmons Sports Centre Master Plan, City of Charlottetown (2012)

Jonathan has managed a wide range of market research, development feasibility, real estate, urban regeneration and consultation exercises for the public, private and institutional sectors.

Jonathan blends the creativity of his 20 years in strategic planning with the rigor imposed by his work as a market and financial feasibility expert. Jonathan has undertaken and overseen complex multi-disciplinary projects for a range of development projects in Canada, the US and oversees, and has appeared as an expert witness on land use planning and economic matters.

Jonathan holds a Master of Arts in Economic Geography from the University of Toronto, is a member of the Economic Developers Council of Ontario and the Economic Developers Association of Canada, a full member of the Canadian Institute of Planners (CIP) as well as the Ontario Professional Planners Institute (OPPI) and is a director and board member of the Association of Ontario Land Economists. He is also a board examiner for the OPPI. Jonathan is also a member of both the Canadian Sports Tourism Alliance (CSTA) and IAKS – International Association for Sports and Leisure Facilities (IAKS). Jonathan is also a director of the Board of the Toronto Cricket Skating and Curling Club and Chair of the Club’s Master Plan Committee overseeing a 20 year physical master plan for the Club.

Lindsay Cudmore, B. URPl., RPP, MCIP, MITE: Sierra Planning and Management

Lindsay is an urban planning consultant at Sierra Planning and Management with extensive experience in recreation planning and market analysis. She holds a Bachelor of Urban and Regional Planning from Ryerson University with a specialization in transportation planning and is a full member of the Canadian Institute of Planners (CIP), Ontario Professional Planners Institute (OPPI), and Institute of Transportation Engineers (ITE).

Since 2008, Lindsay has worked on a wide variety of municipal projects at both the local and national level focusing on the development of recreation facilities, open spaces and parks including the Regent Park Athletic Grounds in Toronto and the Vaughan Metropolitan Centre Streetscape and Open Space Plan. During her tenure at Sierra Planning and Management Lindsay has worked on over 40 projects across Canada including communities in Ontario, Alberta, British Columbia, Manitoba, Newfoundland and Labrador, and Prince Edward Island.

Lindsay is experienced in community engagement and consultation, having led the consultation elements of several community-based projects. She is well-versed in organizing and marketing public consultation events using a variety of traditional, electronic, and social media including online surveys, Facebook/twitter, website and blog updates.

Lindsay’s most recent recreation master plan experience includes:

▪ City of Kingston Recreation Master Plan (2017-2019) ▪ Town of Bracebridge Parks and Recreation Master Plan (2017) ▪ Township of Scugog Recreation Master Plan (2017-18) ▪ Town of Uxbridge Parks and Recreation Master Plan (2017)

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▪ Chaleur Regional Service Commission (2016) ▪ City of Waterloo Recreation Feasibility Study (2016-17) ▪ Durham Regional Economic Development Strategy (2016) ▪ City of Thunder Bay Recreation and Facilities Master Plan (2015-16) ▪ City of Cornwall Arts and Culture Centre Feasibility Study (2015-16) ▪ South Stormont Ingleside Community Park Concept Plan (2016) ▪ Township of Russell Richelieu Park Concept Design (2016) ▪ City of Red Deer Northside Community Centre Needs Analysis and Business Case (2015)

Ira Banks, MScPl, MPPA: Sierra Planning and Management

Ira is an urban planning consultant at Sierra Planning and Management with experience in recreation planning, financial analysis, and energy planning. He holds a Masters in Urban Planning from the University of Toronto, a Masters in Public Policy & Administration from Ryerson University, and a Bachelors in History from McGill University.

Ira has a strong geospatial research background, with experience managing research projects on transportation and land use in support of municipal plans including the Secondary Plan for Downtown Toronto and Mississauga’s Parking Master Plan. He has worked on a variety of recreation facilities planning projects in the last four years for clients including the City of Peterborough, Wilfrid Laurier University, and Acadia University.

Ira’s most recent recreation experience includes:

▪ City of Spruce Grove Event Centre/Arena Complex Business Case Study (2018-2019) ▪ City of Peterborough Sports and Entertainment Centre Feasibility Study (2017-2019) ▪ Natuashish Eco-Tourism Business Plan (2018-2019) ▪ Wilfrid Laurier Stadium Renovation Business Plan and Economic Impact Proposal (2018-2019)) ▪ South Stormont Parks and Recreation Master Plan (2019) ▪ Acadia University Athletics Complex Business Plan (2018-2019) ▪ Town of Erin Parks Recreation & Culture Master Plan (2018-2019) ▪ City of Kingston Recreation Master Plan (2017-19) ▪ Townships of Leeds and Ganonoque Parks and Recreation Master Plan (2017-18)

Phil Fenech, OAA, MRAIC, LEED AP ND – Principal, Perkins+Will

Phil Fenech has more than 25 years of experience creating facilities that offer opportunities for sport, wellness and learning. As a principal at Perkins+Will’s Toronto studio, one of his key priorities is to help each community or campus tell its own unique story. Phil helps clients respond to the distinct needs of users and operators through deep expertise in Sport, Fitness and Recreation programming and firmly believes public and user engagement is critical in encouraging communities to communicate their values. Phil provides leadership for complex and multi-partner projects from start-up to warranty review with the aim that clients achieve their key performance indicators and the design exceeds their expectations.

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In 2018 notable recognition for influential community-oriented projects led by Phil include an Athletic Business Facility of Merit Award for York Recreation Centre as well as two Mississauga Urban Design Awards for Meadowvale Community Centre and Library, including an Award of Excellence and a Healthy by Design Award. Keith Tufts, RAIC, NSAA, OAA, AANB, LEED AP, BCOMM – Principal in Charge, Lydon Lynch Architects

Lydon Lynch Principal Keith Tufts has built a portfolio of award winning, highly sustainable institutional and cultural projects including Dalhousie University’s Arts Centre, Fountain School of Performing Arts, SHAW/Global National News Studio, Lunenburg County Lifestyle Centre, Dalhousie University’s Student Union Building, Halifax’s Seaport Farmers’ Market, CKDU-FM and Club Flamingo.

Keith is appreciated for his ability to listen to client’s needs, ensure the team is attentive in their commitment to the project, inspire and encourage great design, and provide respectful management and leadership. Keith has a varied design background in architecture, broadcasting and culture, having designed and constructed technically complex theatres, television & radio broadcast facilities, head libraries and educational facilities, community markets, recreation and lifestyle facilities. Keith recently completed the design for Dalhousie University’s Fountain School of Performing Arts, featuring a naturally daylit, naturally acoustic recital hall, rehearsal halls, practice rooms and costume studies design studios. Previously, Keith renovated / expanded Dal’s Student Union Building. The project was delivered on time and on budget to rave reviews for his design and his leadership.

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Should you have any questions or require any clarification, please do not hesitate to contact me by telephone at 416-363-4443 or by email at [email protected].

Yours sincerely,

SIERRA PLANNING AND MANAGEMENT

Jonathan Hack, MA, MCIP, RPP, PLE Director

***** If you are in agreement with the above terms please sign below return a copy to us by email or mail. This letter, once signed, constitutes the agreed contract for services. We will require a project mobilization payment of $5,000 to commence work and which will be applied as a credit to the final invoice associated with this project.

______________________________________________ _______________________________________ Chris Ramsey, for an on behalf of Fredericton Regional Aquatics Centre Inc. Date

15

mailto:[email protected]

Appendix A: Firm Experience

16

ADVICE | STRATEGY | IMPLEMENTATION

17

Sierra Planning and Management is a broad‐based management consulting firm located in Toronto. Incorporated in 2008, Sierra offers a full range of services in land use planning, market economics and management consulting. We are a boutique, high value‐added firm, comprising senior practitioners in a range of related fields, supported by talented intermediate and junior professionals.

Sierra provides advisory services to a range of public, private and institutional clients – from Federal, Provincial and Municipal government and agencies, to private developers and business owners, to the institutional and not‐for‐profit sectors. Our services and mandate are broad – involving all aspects of economic development, strategic planning and management consulting; our focus is the client and our canvas is local, national and international. The services of the firm are tailored to the needs of the client.

Recreation, Community and Entertainment

The principals of Sierra have over 20 years of experience in recreation and entertainment planning. We have

undertaken numerous feasibility assessments for community ice arenas, community centres, libraries and sports fields, and conducted master plans to guide forward planning for both facilities and services.

The principals of Sierra are experts in the economics and planning of new state-of-the-art multi-use sports and entertainment centres in Canada. We have been involved in a number of signature projects and provide a range of integrated services to help municipalities determine the relative costs and benefits of such significant investment: this includes planning for appropriate scale, securing the location which will yield maximum economic gain to the surrounding business community, rigorous analysis of operating cash flow based on a detailed assessment of the markets for sports and non-sports events, the advantages of co-location with other facilities, including hotel and convention functions, and the assessment of capital costs.

Planning and Implementation

Strategic planning and project management are core services of Sierra Planning and Management, and encompass a range of policy, program, master planning, and RFP management services. This includes recreation and other municipal capital facilities, downtown and waterfront regeneration, contaminated land redevelopment,

housing, commercial and institutional development.

Our experience in the development of public-private partnerships underlies work in the fields of recreation as well as institutional development.

Risk and Impact

Sierra Planning and Management undertakes risk assessment as both a discrete exercise in response to client requests for critiques of planned projects, investments, or restructuring, and as an integrated element of our detailed business planning and implementation services.

Risk and impact lies at the heart of effective resource planning and project implementation. Our strategic planning, urban regeneration and business plan work all benefit from our focus on the risks to successful long‐term implementation of visions and plans ‐ risks arising from variable access to resources and financing, changing market, social, policy, legal and regulatory environments, timing of public investment and critical path for long‐term private investment, as well as competing priorities at different levels of government.

As a result, our plans, strategies and advice are both more flexible and more durable, proven by their successful implementation long after we’ve

ExpErts in planning for nEw statE-of-thE-art multi-usE sports and EntErtainmEnt cEntrEs

FIRM PROFILE

18

completed our work. Because we realize that successful vision requires successful implementation, risk assessment and mitigation strategy are critical aspects of our service.

Consultation

Much of the work of Sierra involves stakeholder consultation or broader public dialogue. We have considerable expertise and experience in engaging stakeholders for a variety of project-related purposes, using a range of methods of engagement and follow-up. Our experience includes both formal and informal consultation techniques, information exchange and opinion survey, as well as consultation mandated by legislation, regulation and government policy. Our choice of consultation method is tailored to the requirements of the project. Our approach represents a flexible tool to maximize the effectiveness of any given consultation process and takes advantage of the growing range of internet-based media to enable community input.

Economic and Financial Strategic Advisory

Our economic and financial advisory services assist municipalities and others in creating capital and operating plans to effect change; we provide the necessary rationale and priority setting principles in a resource‐constrained environment, followed by detailed implementation business planning. Much of our work relates to planning for growth in public

services, facilities and infrastructure.

Our experience of financial modelling and knowledge of the capital funding environment in Canada, including Government funding mechanisms, can help provide the necessary focus on actionable plans for small and large-scale capital projects alike.

Development Feasibility

As economists and planners, Sierra provides a range of services related to sector development, broader community economic development, land use planning and development feasibility. We provide not only strategic research and planning, but hands-on project feasibility assessment and implementation as well.

The principals of Sierra have undertaken projects across Canada, in the US and internationally. We create both vision and implementation, and our services bring together the various disciplines that are required to create and execute large-scale plans and strategies. We marry strategic planning and implementation, vision with technical precision, market-based development solutions and planning that offers the potential for new markets to emerge.

Economic Development, Regeneration and New Economy

Sierra offers a full economic development consulting service including economic development plans, their review and update, sector

strategies and site selection research and investigation for businesses and government.

Sustainability and Tourism Planning

Sierra Planning and Management is at the forefront of tourism planning. We assist the Canadian public sector at the national level (Parks Canada), First Nations, Provincial and Territorial governments and agencies, and municipal governments. In addition, the principals of Sierra have been involved in tourism planning and sustainable resource planning in the US, Europe and the Middle East.

Our services include national and large-region, multi-sector tourism strategies, as well as local, community based strategies and sector-specific assignments. We engage in studies which balance tourism and economic development goals with resource conservation and sustainable planning for national parks, other public lands, historic and cultural assets.

We also assist individual tourism operators and developers seeking to develop tourism assets: this involves tourism opportunities and gap analysis, financial viability assessment for existing operations, the metrics of resort development and financial proformas.

Further details regarding the full range of client services and our experience can be found at www.sierraplan.com.

wE marry stratEgic planning and implEmEntation, vision with tEchnical prEcision, markEt-basEd dEvElopmEnt solutions and planning

19

• sports, EntErtainmEnt and convEntion spacE markEt assEssmEnt

• Economic impact

• highEst and bEst land usE

PROJECT PORTFOLIO

our focus is thE cliEnt and our canvas is local, national and intErnational

20

Business Plan for an NHL Arena in Downtown EdmontonEdmonton, Alberta 2009-2010 Jon Hack led the development of a series of business plan options for the development of a new NHL multi-use sports and entertainment centre for the Oilers in Downtown Edmonton. The client was the City of Edmonton and the intent was to assess the means by which a new facility in Downtown could stimulate broader redevelopment, ensure a sustainable future for the existing entertainment and conference/trade show complex operated by Northlands, and maintain a fiscally responsible solution for the City as likely owners of the facility.

Full Business Plan, Risk Assessment and Partnerships Assessment for a Multi-Use Event CentreAlberta, 2015-2016Sierra Planning and Management is leading a multi-phased assignment to develop a Multi-Use/Entertainment and trade show venue in central Alberta. In 2015, our firm completed a Market Feasibility and Financial Pre-Feasibility report as the first structured assessment of market justification for a Multi-Use Facility venue. Our firm has been further retained, in conjunction with our associates HDR | CEI Architecture and ICC International Coliseums Company, to move the project forward and develop a concept design, functional program, operating, funding, and governance structure for the new facility. This has involved identifying the local AJHL as a major sports tenant for the facility and further partnership opportunities with a development group for land acquisition which offers physical linkages to planned retail, office and hotel developments as an immediate market for the facility.

Downtown Moncton Multi Use Sports and Entertainment Facility - Market Analysis and Feasibility StudyMoncton, New Brunswick, 2009Jon Hack worked with the City of Moncton to complete a market analysis and feasibility study for a Multi-Purpose Sports & Entertainment Facility to be located in Downtown Moncton, including trade and convention capability.

The study involved a detailed locational analysis as well as an analysis of the potential capital costs and funding opportunities available and included an assessment of possible tenants, product offer and additional ancillary uses that could be paired with the facility in order to enhance its operational performance and contribution as a hub for economic activity in Downtown Moncton. Six alternative sites were analyzed on a range of locational criteria related to economic impact, hotel synergies for convention business, access, functionality, urban design and civic presence, capacity for expansion in situ, and achievement of urban development policy.

The Study assessed the impact on the city’s existing trade show and convention space (the Agrena) located adjoining the Moncton Coliseum.

Charlottetown Civic Centre Master Planning Charlottetown, Prince Edward Island, 2008-2009Principals of Sierra Planning were retained to aid in understanding the future role of the Charlottetown Civic Centre (Trade Centre, Spectator Arena, Casino and Race Track) by establishing the market context, opportunities to develop new business, and consider a range of alternatives for the Centre including; (i) maintaining the status quo (ii) major renovations and expansion of the facility (iii) development of a new multi-use centre for the site.

The study involved two components: • Market opportunities assessment; and • Financial feasibility analysis and preliminary site

master planning exercise.

This strategic exercise identified the merits of addressing a broader master plan for the Eastern Gateway to the City as an essential context for all future development and public investment along the Waterfront.

sports, EntErtainmEnt and convEntion spacE markEt assEssmEnt

Example of Potential Renovation of Sports, Entertainment and Convention Venue21

Business Plan & Legacy Funding – Velodrome Facility for the 2015 Pan/Parapan American GamesTown of Milton, Ontario, 2012-2013Sierra Planning and Management was contracted to conduct a business planning exercise for this facility for the Town of Milton. We served as advisors to the Town and its funding partners, Toronto 2015 and Infrastructure Ontario, regarding the operational business planning requisites for design, functional space programming, program delivery and tenant revenue generation potential. The plan provided an assessment of the market opportunity and community need, as well as financial feasibility of a permanent, indoor velodrome with 3,500 seats capable of hosting major international cycling events. We were part of the Infrastructure Ontario RFP process to secure a Design-Build-Finance (DBF) partner to deliver the facility.

The business planning process involved a thorough market and financial analysis to determine the legacy potential of the facility. A key component of the plan was a proforma exercise to demonstrate the potential annual net operating income and risks associated with a spectrum of development and operational scenarios, including variation in the event schedule, seating capacity and range of non-cycling uses of the facility. Sierra has also completed an exercise in estimating the economic impacts of the facility through an extensive modeling exercise.

In 2013, Sierra assisted the Municipality in successfully requesting additional funding support from Toronto 2015, Sport Canada and the Government of Ontario, resulting in a 50% increase in the amount of Legacy Funding which was secured by the Town of Milton as owner of the facility on an annual basis to 2018 and beyond.

John Labatt Centre Proposal Call DevelopmentLondon, Ontario, 1999-2001Jonathan Hack was the project manager for the John Labatt Centre feasibility assessment and proposal call process to select a consortium for the design-build, finance and operation of the new 10,000 seat Multi-use Sports and Entertainment Centre. The assignment included a modeling exercise to estimate the potential economic impact of the facility to Downtown London and the City as a whole.

Arena Public-Private Partnership Project AdvisorSault Ste. Marie, Ontario, 2003-2005Principals of Sierra Planning reviewed partnership options to provide the City of Sault Ste. Marie with a range of potential business structures and arrangements for designing, developing, financing and operating a proposed 4,500 seat Multi-Use Sports, Entertainment and Trade Show Centre in Downtown Sault Ste. Marie.This exercise included determining the most appropriate site for the facility, together with market research and financial feasibility analysis pertaining to capital costs, operating costs and potential revenues associated with alternative design options. This resulted in a full Business Plan which guided a two-stage proposal call process for the financing, operation and management of the facility. The City of Sault Ste. Marie successfully completed construction of the facility in 2006, now known as the Essar Centre.

Penticton Trade and Convention Centre Feasibility Study and Market AnalysisCity of Penticton, British Columbia, 2016Sierra was retained to undertake a highest and best use analysis for the Penticton Trade and Convention Centre (PTCC). This study looks at how well the product and market match (Is the PTCC aligned with the market opportunities sufficiently to maintain long-term?), the range of alternative uses, options for improvements, and options for facility expansion.

sports, EntErtainmEnt and convEntion spacE markEt assEssmEnt

Milton Velodrome22

Economic Contribution of Cultural SectorCity of London, Ontario, 2012 Sierra Planning and Management advised the City of London Investment and Economic Prosperity Standing Committee of Council on a quantifiable estimation of the economic contribution of the arts, culture and creative sector in the City. This work formed part of the City’s Cultural Prosperity Planning exercise. The methodology to investigate and quantify as well as qualify the scale of the arts and culture sector involved undertaking the following:1. Working with the London Arts Council and London

Heritage Council, reviewing annual operating financial statements to determine revenue and expense flows for all organizations funded through the CHIP (Community Heritage Investment Program) and CAIP (Community Arts Investment Program);

2. Assessment of CADAC (Canadian Arts Data) database to assess financials for all arts and culture organization in London listed on the database;

3. Compilation and review of financial performance (confidential) of major City-owned and private cultural facilities including Orchestra London, John Labatt Centre, the Grand Theatre, Museum London, and heritage buildings;

4. Modeling cultural work force based on Statistics Canada data (Canadian Business Patterns 2011, Historic Labour Force Survey (annual) and other)

5. Economic impact analysis based on financial performance of key organizations, origin of visitors to cultural events and venues, employment and scale of municipal investment in arts and culture.

HIGHEST AND BEST USE - AS PART OF RECREATION MASTER PLANS

All of our recreation plans involve full market analysis, community needs, facility usage assessments, financial (operating and capital needs) assessment of municipal assets and recommendations on investment, decommissioning and repurposing etc. Recent examples include:

• Parks and Recreation Facilities Master Plan, City of Toronto, Ontario (2015-present)

• Recreation and Facilities Master Plan, City of Thunder Bay, Ontario (2015-present)

• Regional Recreation Plan, Fundy Regional Service Commission, New Brunswick (2015-2016)

• Culture, Tourism and Recreation Master Plan, City of Timmins, Ontario (2013-2014)

• Regional Indoor Recreation & Community Facilities Master Plan, Regional Municipality of Wood Buffalo, Alberta (2014-2015)

Economic impact ExpEriEncE

23

Economic Impact Analysis: 2015 Pan- and Parapan-Am Cycling Events in Milton, OntarioTown of Milton, Ontario, 2015Sierra Planning and Management was commissioned by the Town of Milton to assess the economic impact of hosting the 2015 Pan-Am and Parapan-Am track cycling events. Our approach was three-pronged (1.) Intercept surveys with patrons during the events; (2) a licence plate survey; and (3) Interviews with local business owners.

The detailed raw data collected from the primary research was then fed into Sierra’s proprietary economic impact model to assess the economic impact of the events to the Town of Milton and the broader region. This impact analysis was tailored to spending that occurred directly in the Town and region. Sierra also used the primary data as inputs to two other publicly available economic impact models to provide a secondary perspective on the potential economic impact on the region.

Economic Impact Assessment of CARI Complex and Expansion OpportunitiesCharlottetown, Prince Edward Island, 2015Sierra Planning and Management was retained by CARI to undertake an Economic Impact Assessment of the current impacts of the CARI Complex (multi-use recreational facility est. 2004), which provides a benchmark (retrospective), as well as the potential economic impacts of expansion opportunities (prospective). This study examined the current operations of the CARI Complex by way of historic financial performance, and the existing impact of visitor spending at the CARI Complex in terms of contribution to spending.

Two potential scenarios for expansion were identified: (1) Addition of a single pad arena onto the existing twin-pad; and (2) Addition of a twin-pad arena onto the existing facility. The study examined the one-time potential economic impact of the construction these expansion scenarios by way of GDP, jobs (person years of employment), and taxes.

Downtown Moncton Multi Use Sports and Entertainment Facility - Economic Impact AssessmentMoncton, New Brunswick, 2011In February, 2011, Sierra Planning and Management was retained to provide an assessment of the potential economic impacts of a potential 9,000 seat multi-use sports and entertainment facility in Downtown Moncton. The assessment includes extensive modelling of direct, indirect and induced impacts to the City of Moncton, the greater region and the Province as a whole. Both spending impacts as well as property impacts are assessed.

Economic impact ExpEriEncE

CARI Complex Pool

Milton Velodrome

24

Canadian Badlands

ADVICE | STRATEGY | IMPLEMENTATION

26

Prime Consultant, full project services, LEED Gold design, enhanced commissioning, new build on a green site, full furniture and interiors package. The project features a complex, technically-diverse, sustainable program.

The South Shore of Nova Scotia has been steeped in wooden boat building traditions for centuries. This context informed the design approach for the Lunenburg County Lifestyle Centre (LCLC) in the town of Bridgewater.

The LCLC is a comprehensive regional facility that showcases community recreation and cultural events while promoting individual health and fitness values. The recreation program comprises 110,000-square-feet divid-ed into four main components: an NHL regulation-sized ice surface for regional hockey games equipped with 1,200-heated seats; an aquatics facility that includes a six-lane, 25-metre pool, a leisure free-form pool, and a therapy pool; a community fitness/active living area; and an 8,000-square-foot public library. The engaging con-nections created by program variety and a clear plan creates a strong sense of place and a destination that serves the community.

The central galleria features an award winning wood design, natural ventilation and natural daylighting The forty five metre-long Galleria is a dramatic, unifying community space, featuring a bowed wood and tensioned steel ceiling structure that is a scale replica of the hull of the original Bluenose. As anticipated by the design, the Gal-leria has become a unifying element, where the local community meets, catches up and engages with each other. The 1,500-seat arena features heated seating via radiant bleachers. The long steel span arena is designed to operate as a hockey rink, concert and conference facility. Raised seating in the arena provides for improved spectator viewing of the ice surface and unimpeded circulation around the rink for conference and concert use.

The site included substantial pyritic slate. To mitigate risk associated with uncertain site preparation and remedi-ation, we recommended a separate Site Preparation Package and Site Work Package to manage those costs inde-pendently of the main building. Additionally, the design had to accommodate a 5m drop in the landscape running diagonally across the site from west to east with a small creek defining the southern boundary. A decision was made to locate the contemplative program elements such as the library at the southern end facing the forest, with the more active to the north. Taking advantage of the natural slope, the arena was nestled into the hillside, so the upper concourse seating would be at the facility’s entry level. This strategy also reduced the exposed building envelope, producing operational energy savings. The LEED Gold Registered building incorporates several energy saving elements into the design of its integrated mechanical systems, including heat recovery for the arena’s geothermal refrigeration plant that captures waste heat for pool water heating during the hockey season, roof mounted solar panels for heating domestic and pool water during the summer season, variable speed drives on fans and pumps, as well as a geothermal heating system with heat recovery for HVAC and hot water. Motorized clerestory windows at the top of the galleria and throughout the library are integrated into the building automation system to provide passive natural ventilation. Electric car charging stations are conveniently located in the adjacent parking area.

Awards: 2015 Atlantic Wood Design Award / 2014 AWMAC Award of Excellence. Accomplishments: Maximized regular and exemplary LEED points for energy and water usage Estimated annual operating savings: $300,000 Annual energy consumption: 2,180,890 ekWh (1997 MNECB Baseline: 5,767,266 ekWh) Energy intensity: 242 ekWh/m2 (1997 MNECB Baseline: 641 ekWh/m2) Annual portable water consumption: 3,704 m3 (LEED 2009 Baseline: 6,981 m3)

RFP 2015-070 Appendices

Page 10 of 35

Narratives of Representative Project Experience Project Information Project Name Project Duration Client Budget Current Status Square Footage Project Narrative

END OF APPENDIX “G”

Lunenburg County Lifestyle CentreLunenburg County Lifestyle CentreComplete

Jan 2010 - March 2014$35,000,000110,000

27

38 SABMag - SPRING 2016 SABMag - SPRING 2016 39

Lunenburg County

Lifestyle Centre

South shore Nova Scotian building combines sustainable

design and local culture

BY JARLE LOVLIN AND KEITH TUFTS

Both the land and the sea provided design inspiration for

this new lifestyle centre on the south shore of Nova Scotia.

Lunenburg County is both coastal and deeply forested with

centuries-long traditions of timber construction

and wooden boat building.

N

A

A

A

A

B

CD

E F G

H

Site plan

A Parking

B Rink

C Library

D Pool

E Administration

F Galleria

G South geothermal borehole field

H North geothermal borehole field

Both the land and the sea provided design inspira-

tion for this new lifestyle centre on the south shore of

Nova Scotia. Lunenburg County is both coastal and

deeply forested with centuries-long traditions of timber

construction and wooden boat building.

Rolling hills overlook the many bays along the

Atlantic Ocean where the Lunenburg County Lifestyle

Centre sits within an undulating forest setting. This

context informed the design approach for the project.

The $35-million facility hosts community, recreation

and cultural events while promoting individual health,

literacy and fitness. The engaging connections created

by the diverse program, visual transparency and a clear

plan create a strong sense of place and a destination

embraced by local residents.

The 10,200m2 recreation program is divided into four

main components: an NHL regulation-sized ice surface;

an aquatics facility that includes a six-lane, 25-metre

lap pool, a leisure pool, and a therapy spa pool; a

740m2 regional library, and a complement of fitness,

multi-purpose and administrative spaces.

The arena is acoustically designed to operate as

a hockey rink, concert venue and conference facility.

Raised seating in the arena provides improved specta-

tor viewing and unimpeded circulation around the rink

for conference and concert use.

Building section of passive and active systems

A Stormwater collection

B Solar thermal collection

C Passive ventilation

D Natural daylighting

E High-efficiency lighting

F Geothermal well

G Waste heat from rink

H Heat exchanger

I Stormwater cistern

J Ice plant

A B

E

F

G

H I J

C

D

D

1

EAST ELEVATION: VIEW OF MAIN ENTRANCE AT NIGHT [1].

28

40 SABMag - SPRING 2016 SABMag - SPRING 2016 41

The joint venture architectural team wanted to achieve a strong architectural

expression that would be regionally and culturally appropriate, while addressing an

ambitious environmental agenda on a demanding site.

One of the challenges was to accommodate a five-metre drop in landscape running

diagonally across the site from west to east. Taking advantage of the natural slope,

the arena was nestled into the hillside, so that the upper concourse seating would be

at the facility’s entry level. The more contemplative program elements were located

at that southern end of the building, providing light, views and direct access to a

landscape of preserved trees and the stream that defines the southern boundary of

the site.

A central Galleria runs parallel to the arena and aquatic centre, with the library at

the southern end. The naturally daylit Galleria is the main street of the project, pro-

viding the strongest reference to the timber industry and maritime heritage of the

region. The upper levels are lined with linear maple hardwood slats that provide both

visual warmth and - by way of their open spacing - an acoustic dampening function.

The ceiling is a combination of 38 mm-thick tongue-and-groove wood decking and

Douglas fir glulam beams.

Tying the beams together are a series of king post trusses which gradually arc along

the length of the Galleria, emblematic of the draft of the famed Bluenose I schooner, a

cultural totem for the surrounding communities. This wood-lined Galleria is a dramatic,

unifying element, providing physical and visual links to all the activities within the facil-

ity, as well as to the forested vistas beyond.

Q

24

TD

TD

FD

TD

FD

FD FD FD

FD

FFD

FFD

FFD

FFD

UP

UP

TIMEKEEPER142

100.0 sq m

HB

HB

HB

HB

HB

HB

ACID TANK

100.0 sq m

HB

UP

LOCKERS

C

C

C

C

C

C

O

M1

SD

GB2

CH

WR

DP

STAIR 3ST3-1

35.5 sq m

2H

36"

BBF

2H

36"MILLWORK COUNTER - NIC

BBF

2H

36"

2H

36"

NOT IN CONTRACT

Ground floor plan

Rink

Library

Aquatic centre

Active living/office space

Galleria

Second floor plan

North elevation

The community expressed a strong commitment to sustainability, and LEED Gold certifica-

tion is being pursued. A number of initiatives were implemented to reduce the environmental

impact and energy demand of the building.

Given the scale of the building enclosure, a high-performance building envelope was

employed with R25 walls and an R30 roof assembly. The building incorporates several ener-

gy-saving elements into the design of its mechanical systems including heat recovery for the

arena refrigeration plant that captures waste heat for pool water heating, dual core energy

recovery ventilators, roof-mounted solar panels for heating domestic and pool water, and

variable speed drives on fans and pumps. The dehumidification system controls the relative

humidity in the pool area, but also recovers the heat contained in the water vapour in the air

and recycles it back to the pool water to deliver significant energy savings. The system also

uses a glycol loop to recover energy from the pool exhaust air to heat incoming fresh air for

ventilation purposes.

A geothermal field provides storage and a retrieval source for the waste heat, while recy-

cled grey water collected from the roof is stored in a large cistern and used for plumbing and

irrigation purposes. Electric car charging stations are located in the adjacent parking area.

The Galleria itself provides a source of natural ventilation, taking advantage of its height

for stack effect. Motorized windows at both the north and south end provide low-level entry

while upper level clerestory windows allow the hot air to exit, activated with temperature

sensors and monitored by the building management system.

The result is an integrated and sustainable facility, highlighting its spectacular natural loca-

tion and paying tribute to its industrial and maritime roots.

JARLE LOVLIN IS A PRINCIPAL OF DIAMOND SCHMITT ARCHITECTS INC., WWW. DSAI.CA.

KEITH TUFTS IS A PRINCIPAL OF LYDON LYNCH ARCHITECTS, WWW.LYDONLYNCH.CA.

2

3

4

PROJECT PERFORMANCE

- Energy intensity = 242eKWh/m2/year- Energy intensity reduction relative to reference building under MNECB 1997 = 63% - Potable water consumption from municipal sources = 3704m3/year- Reduction in potable water consumption relative to LEED 2009 reference building = 47%- Recycled material content = 30.65%- Regional materials = 30.54%

MATERIALS

- Mixed concrete, steel and wood construction - Dual core energy recovery ventilators made by Tempeff in Manitoba- Pool dehumidification and energy recovery unit with energy recycling indoor pool dehumidification system designed and built by Seresco Technologies in Ottawa - Arena refrigeration plant captures waste heat for pool water heating- Roof-mounted solar panels for heating domestic and pool water

PROJECT CREDITS

CLIENT Lunenburg County Multipurpose Centre CorporationARCHITECTS Lydon Lynch / Diamond Schmitt Joint VenturePROJECT ARCHITECTS Mark Atwood, Jarle LovlinMECHANICAL/ELECTRICAL ENGINEER M&R EngineeringSTRUCTURAL ENGINEER Campbell ComeauLANDSCAPE ARCHITECT/CIVIL ENGINEER Jarle Spotted Ekistics POOL CONSULTANT Jamie LopesRINK CONSULTANT Custom IceACOUSTIC CONSULTANT Aercoustics Engineering Ltd.ENVIRONMENTAL CONSULTANT Strum EngineeringGENERAL CONTRACTOR Bird ConstructionILLUSTRATIONS Lydon Lynch ArchitectsPHOTOS James Ingram / Lydon Lynch Architects

THE CONCRETE AND STEEL TRUSS ARENA IS DESIGNED FOR MULTIPLE FUNCTIONS INCLUDING

CONCERTS AND CONFERENCES [2]. THE AQUATIC FACILITY, WITH A WOOD DECK SUPPORTED BY

STEEL FRAMING, INCLUDES A 25-METRE LAP POOL AND A THERAPY SPA POOL [3]. THE NON-

RECREATIONAL PROGRAM AREAS WERE LOCATED FOR LIGHT, VIEWS AND DIRECT ACCESS TO THE

SURROUNDING LANDSCAPE [4].

THE DESIGN OF THE GALLERIA WAS INSPIRED BY

THE TRADITIONAL TIMBER INDUSTRY AND MARITIME

HERITAGE OF THE REGION [5]. THE GALLERIA ACTS AS

THE CENTRAL CIRCULATION SPINE OF THE BUILDING,

AND ASSISTS WITH NATURAL VENTILATION AND DAY-

LIGHTING [6]. THE EXTERIOR ENVELOPE INCLUDES

HIGH-PERFORMANCE GLAZING AND R-25 INSULATION

IN THE WALLS [7].

5

6

7

29

Appendix B: Sierra Team CVs

30

1 | P a g e 2 0 1 9

JONATHAN P. HACK Director ▪ Jonathan has 25 years of experience as a private sector consultant, qualified in economics and strategic

planning ▪ Experience includes a range of strategic market, economic and financial feasibility and strategy

development, visioning and consultation ▪ Educated in Canada and Europe, with professional experience throughout North America, UK and Europe,

and the Middle East ▪ Jonathan has appeared before the Ontario Municipal Board as an Qualified Expert in both Economics and

Urban Planning ▪ Jonathan has also provided expert testimony at arbitration hearings ▪ Occasional conference speaker and organizer:

o 2012 Stadia Design and Technology Expo o Green Energy Economy and Economic Development Panel (Moderator, Panel organizer, and

conference organizing committee), Economic Development Council of Ontario (EDCO) 2010 Annual Conference

o Downtown and Waterfront Revitalization Summit, 2009: speaker - Multi-Use Sports and Entertainment Centres, Economic and Tourism Impact

o Canadian Brownfield Conferences (2005/2006): speaker - financial incentives to removing barriers to investment in existing industrial areas

o Queens University School of Graduate Studies (SURP - School of Urban And Regional Planning): annual lecture on current practice in economic development, planning and real estate development.

o Canadian Institute of Planners/Ontario Professional Planners Institute, 2005 Conference organizing committee, and moderator, Regional Planning Strategies

EDUCATION ▪ B.A. - Honours (Urban and Regional Planning), Victoria University of Manchester, 1988 ▪ B.Pl. with Credit (exemption from professional exams of the Royal Town Planning Institute), Victoria

University of Manchester, 1989 ▪ Master of Arts (Economic Geography), University of Toronto, 1992 (thesis - Economics of the Canadian

Aerospace Industry, and Strategic Industrial Policy) PRIOR EXPEREINCE ▪ Sept. 1997 – Jan 2010, Partner, IBI Group Associates, Toronto ▪ May 1995 – August 1997, Senior Consultant, Clayton Economic Research Associates, Toronto ▪ June 1992 – April 1995, Planning Consultant, MVM Planning Consultants Ltd, Bristol (UK) ▪ June 1989 – Sept. 1990, Planning Consultant, Development Planning & Design Services, Swindon (UK)

31

2 | P a g e 2 0 1 9

MEMBERSHIPS ▪ Economic Developers Association of Canada (EDAC), Member ▪ Association of Ontario Land Economists (AOLE), Director and Board Member ▪ Canadian Institute of Planners (CIP), Member ▪ Ontario Professional Planners Institute (OPPI), Member ▪ Professional Membership Examiner on behalf of the Ontario Professional Planners Institute

REPRESENTATIVE EXPERIENCE

Recreation: Feasibility Studies and Business Case Assessments for Major Recreation Facilities

▪ City of Fredericton Feasibility Assessment for Public Pool (2017)

▪ City of Peterborough Multi-use Sport and Event Centre Feasibility Study (2018) ▪ Timmins Aquatics Centre – Concept, Location Selection, Consultation and Business Case (2016) ▪ Timmins Aquatics Centre – follow on work providing high value added services to the City in its further

development of the concepts and functional programs and final site selection (2017) ▪ Timmins Aquatics Centre – Further value added work as owners representative during the detailed design

process (2017/2018) ▪ Town of Scugog Indoor Pool Feasibility Study (2018) ▪ City of Guelph South End Community Centre (2015) ▪ Carrville Community Centre Functional Programming and Aquatics Planning Study (2018/2019) ▪ City of Peterborough Sports and Entertainment Centre Locational Analysis (2019) ▪ City of Peterborough Sports and Entertainment Centre Feasibility Study (2017-18) ▪ City of Penticton Multi-Use Sports and Entertainment Centre Feasibility Study (2017-18) ▪ Blackstock Arena Feasibility Study (2017) ▪ Town of Scugog Indoor Pool Feasibility Study (2017) ▪ City of Penticton Recreation Facility Feasibility Study (2016) ▪ City of Spruce Grove Multi-use Facility Feasibility Study (Phase 1-3) (2015-17) ▪ Red Deer Northside Recreation Complex: Business Case (2015-16) ▪ Timmins Aquatic Feasibility Study (2015-16) ▪ Clearwater Horse Club: Business Case and Strategic Plan for the Clearwater Equine Complex (2015) ▪ Guelph South End Community Centre: Needs Assessment, Feasibility Study and Implementation Strategy

(2013-2014) ▪ City of Guelph South End Community Centre RFEOI Evaluations (2016) ▪ City of Timmins Ice Policy Review and Development (2014) ▪ North Bay Community Waterfront Park Business Plan (2013) ▪ Milton Velodrome Development for the Para/Panam American Games Business Plan, Town representative

for Infrastructure Ontario P3 Consortium Selection Process (2012) ▪ Ivor Wynne Stadium, City of Hamilton (2013) ▪ Simmons Sports Centre, Arena, Outdoor Pool & Sports Fields Master Plan, City of Charlottetown (2012) ▪ Confederation Park Master Plan: Economic Feasibility Study (2013) ▪ Halifax Stadium Analysis - Phase 2 – Design, Capital costing Site Location and Financial Feasibility Analysis

(2011)

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▪ Halifax Policy Feasibility Study (2016) ▪ Halifax Regional Municipality – Stadium Business Plan and Consultation (2011) ▪ Moncton Multi-Use Sports and Entertainment Centre: Market and Financial Feasibility Analysis and Site

Selection Analysis (2009) ▪ Charlottetown Civic Centre, Charlottetown: Market and Financial Feasibility Analysis and Campus Master

Plan for the Charlottetown Civic Centre, Red Shores Casino and Charlottetown Driving Park (2008 – 2009) ▪ Recreation User Fee Studies: Oakville (2009); Windsor (2006); Vaughan (2005) ▪ Essar Centre, Multi-Use Sports and Entertainment Centre, Sault Ste. Marie: Financial Feasibility Analysis, Site

Selection, and management of 2 Stage RFP Process for development of the Centre (2003 – 2004) ▪ Lakehead University Multi-Use Sports and Entertainment Centre, Thunder Bay: Market and Financial

Feasibility Assessment (2003) ▪ City of London 4-Pad Arena: Financial Feasibility and management of 2 Stage RFP Process for P3 delivery of

the facility (2002) ▪ John Labatt Centre, London: Business Plan, Economic Impact, Site Selection and management of 2 Stage RFP

Process for Design-Build-Finance-Operate delivery of the Centre (2000 – 2002) Strategic and Master Planning

▪ Town of Perth Parks and Recreation Master Plan (2019) ▪ Town of South Stormont Recreation Master Plan (2019) ▪ Town of South Stormont Waterfront Master Plan (2019) ▪ Wilfrid Laurier University Stadium Master Plan (2018-19) ▪ Acadia University Athletic and Aquatic Complex Master Plan (2018-19) ▪ Town of Erin Strategic Plan (2019) ▪ Town of Erin Parks and Recreation Master Plan (2019) ▪ City of Toronto Recreation Facilities Master Plan Implementation (2018) ▪ City of Kingston Recreation Master Plan (2018) ▪ Town of Uxbridge Recreation Master Plan (2017) ▪ Town of Whitchurch-Stouffville Recreation Master Plan (2017) ▪ Township of Alnwick | Haldimand Recreation Master Plan (2017) ▪ Township of Leeds Recreation Master Plan (2017) ▪ Township of Prescott Recreation Master Plan (2017) ▪ Township of Scugog Parks Master Plan (2017) ▪ Township of Russell Parks Planning Policy (2017) ▪ City of Brantford Parks and Recreation Master Plan (2016-17) ▪ Town of Bracebridge Parks, Recreation and Trails Master Plan (2016-17) ▪ Town of Espanola Parks and Recreation Strategic Master Plan (2016-17) ▪ City of Thunder Bay Chapples Park Master Plan (2016) ▪ City of Toronto: Recreation Facilities Master Plan (2015-17) ▪ City of Thunder Bay Recreation and Community Facilities Master Plan (2015-16) ▪ City of Clarence-Rockland: Parks and Recreation Master Plan (2015-16) ▪ Regional Municipality of Chaleur Regional Recreation Plan (2016) ▪ Sturgeon County: Municipal Reserves and Open Space Strategic Plan Update (2015-16) ▪ Fundy Regional Service Commission: Regional Recreation Plan (2015-16) ▪ Township of Leeds Facilities Master Plan (2015-16)

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▪ Regional Municipality of Wood Buffalo Indoor Recreation and Community Facility Master Plan (2014-15) ▪ Town of Penetanguishene Recreation and Community Services Master Plan (2014) ▪ Township of Russell Parks and Recreation Master Plan (2014-15) ▪ Town of Meaford: Integrated Recreation and Culture Master Plan (2014-15) ▪ City of Timmins Recreation, Culture and Tourism Master Plan (2013-14) ▪ Confederation Park: Operational Review (2014) ▪ City of Spruce Grove Recreation Project (2014) ▪ Niagara Parks Commission Golf Operations: Operational Review (2014) ▪ Binbrook Conservation Area Master Plan (2013) ▪ Township of South Stormont Recreation Development Plan (2009) ▪ Recreation Master Plans (London, 2002-2003; Ottawa 2003-2004) ▪ Sheridan College of Applied Arts and Technology, Trafalgar Campus Master Plan, Oakville (2011) ▪ Sheridan College of Applied Arts and Technology, Caledon Campus Master Plan, Oakville (2013) ▪ Great Lakes Heritage Coast Economic Development and Environmental Sustainability Strategy (2002-2003) ▪ Market and Financial Feasibility, Master Planned communities and resorts, Abu Dhabi, Fujairah, Umm Al

Quwain (UAE) ▪ South Yonge St., Richmond Hill, Streetscape and Densification Master Plan (2010-2011) ▪ Public Works & Government Services Canada – Strategic Review of Brownfield Opportunities (2007) ▪ Ottawa Transition Board (City of Ottawa upon Amalgamation, 2001): Facilities and Accommodations

Strategic Business Plan ▪ City of Toronto Office Consolidation Strategy (post-amalgamation, 1999) ▪ Transportation-related development opportunities: Saudi Arabia, California, Israel ▪ Toronto Courthouses Master Planning (Planning, procurement (P3) and Risk Analysis) ▪ Wapusk National Park Accommodations and Services Plan (Parks Canada)

Economic Impact

▪ MYCS Optimization Study (2017) ▪ Durham Economic Development Strategy (2016) ▪ CARI Complex: Economic Impact Assessment of Existing Operations and Expansion Potential (2015) ▪ Economic Impact Analysis: Pan- and Parapan-Am Games Cycling Events – Milton ON (2015) ▪ Economic Impact Assessment of a Proposed Downtown Entertainment Complex, Moncton NB (2011) ▪ Hamilton Velodrome for the Pan American Games – Economic Impact Analysis (2010) ▪ Toronto Public Facility Economic Impact Analysis (2009) ▪ Windsor Detention Facility Economic Impact Analysis(2009) ▪ Sudbury Multi-Use Community Recreation Centre Economic Impact Assessment (2008) ▪ Regional Economic Impact of Waterfront Infrastructure Development – North Bay (2007) ▪ Island Falls Hydroelectric Project, Economic Impact Assessment ▪ Great Lakes Strategy - Development-Related Economic Impact (2004) ▪ Maple Leaf Gardens Economic Impact Assessment ▪ Angus Glen Golf Course and Residential Community Economic Impact Assessment

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Additional Experience:

Cultural and Strategic Planning

▪ Town of Meaford Integrated Culture and Recreation Master Plan (2014-15) ▪ City of Timmins Culture, Recreation and Tourism Master Plan (2013-14) ▪ Town of Pelham Cultural Master Plan and Cultural Assets Mapping (2012) ▪ Economic Contribution of Culture and Creative Industries, London, Ontario (2012) ▪ Culture Plan for the Town of Prescott Russell (2012) ▪ Town of Shediac Community Strategic Plan (2012) ▪ Culture Planning and Rural Economic Development, Town of Georgina (2012) ▪ Culture Plan for the City of Cornwall and the United Counties of Stormont, Dundas and Glengarry

(2010 – 2011) Business Plan Development, Economic and Market Assessment

▪ Black Cat Ranch Business Plan (2018) ▪ Beinn Breagh Tourism and Business Plan (2017) ▪ Credit Valley Conservation Authority Belfountain Tourism Assessment (2017) ▪ Moose Mountain Buffalo Ranch Business Plan (2016) ▪ Park Lake Business Plan (2016) ▪ Five Oaks Retreat Market Assessment and Business Plan (2015) ▪ Clearwater Horse Club: Business Case and Strategic Plan for the Clearwater Equine Complex (2015) ▪ Town of Shediac Strategic Plan Development (2012) ▪ Belleville Residential Conversion (Rental to Ownership Housing), OMB Hearing, Expert Witness (2010) ▪ Business Plan and Locational Analysis for Hamilton Velodrome Facility – 2015 Pan American Games (2010-

2011) ▪ Wat’Chee Lodge Fixed Roof Accommodation Business Plan (2010) ▪ Chelsea, Quebec, Residential Development Market Opportunities (2009) ▪ A&T Energy, Renewable Energy (Solar Farm) Business Strategy (2009- 2011) ▪ Kingston Retail Study (Alcan Site)(2009) ▪ Rideau Regional Centre for the Developmentally Disabled Alternative Re-use Study (Town of Smiths Falls)

(2008) ▪ Loyalist Township Population Forecasts & growth Management Strategy (2008) ▪ Napanee Retail Impact Assessment (2005 – 2008) ▪ 2 Bloor St. West Land Lease Arbitration (2005) ▪ Patrick St., Toronto, Residential Condominium Market Opportunities and Financial Feasibility (2005) ▪ Aggregates Demand and Supply Planning to Sustain Economic Growth: GTA, Central and Eastern Ontario ▪ Brockville, Belleville, Cornwall Brownfield Industrial Economic Development Strategies (2005, 2007, 2008) ▪ Ottawa Public Library Growth Management Plan (2006) ▪ Ottawa Sportsfield Strategy (2005) ▪ Employment Land Needs Study – City of Hamilton (2001) ▪ Employment and Industrial Land Needs Projections: Burlington and Bradford West Gwillimbury ▪ LeBreton Flats Real Estate Development Strategy – National Capital Commission (2000 – 2001) ▪ Kingston Hotel Feasibility Study (2006)

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Tourism Strategic Planning and Investment Opportunities Assessment

▪ Community of Natuashish Tourism Strategy (2019) ▪ Beluga Tourism Business Plan (2019) ▪ Gunn Metis Tourism Plan (2016) ▪ Town of Caledon Tourism Strategy (2014) ▪ City of Timmins Culture, Recreation, and Tourism Master Plan (2013-14) ▪ Regional Tourism Organization 7 (RTO 7) Regional Strategic Plan for Festivals and Events (2013) ▪ Huronia Regional Tourism Strategy (2013) ▪ Tourism Investment Opportunity Assessment for the REDI Region, Alberta (2012) ▪ Tourism Investment Opportunity Assessment for the Mighty Peace Region, Alberta (2012) ▪ Regional Tourism Organization 3 (Halton Region, City of Hamilton and County of Brant) Tourism

Development Strategy (2011) ▪ Canadian Badlands Tourism Investment Strategy, Alberta (2011) ▪ Tourism Development Opportunities Study, Lake McGregor PRA, Alberta (2011) ▪ Tourism Development Opportunities Study, Calling Lake Provincial Park, Alberta (2010) ▪ Tourism Development Opportunities Study, Lesser Slave Lake Park, Alberta (2010 – 2011) ▪ Assessment of Ecotourism Opportunities in Alberta (2010) ▪ Canadian Badlands - Alberta Oil and Gas to Tourism Diversification Strategy for the Brooks and Dinosaur

Provincial Park Area (2009) ▪ Wasaga Tourism Strategy (2007) ▪ Nunavut Tourism Development Opportunities (2009) ▪ Pelee Island Tourism Feasibility Analysis (2008) ▪ Sir Sams Ski Resort Fractional Resort Housing Opportunities ▪ Fisherman’s Pier Redevelopment, Hamilton (2005) ▪ Prince Edward County Wind Farm property and economic impact (2004 – 2005) ▪ Arviat Ecotourism Initiative (2010 – 2011)

Economic Development and Urban Regeneration Strategies

▪ City of Guelph Community Improvement Plan Update (2018) ▪ Township of Lincoln Economic Development Strategy, Industrial Land Needs Study, Community

Improvement Plan (2017-18) ▪ Town of Scugog Community Improvement Plan (2018) ▪ Township of Leeds, Economic Development, Lands Needs Analysis and Industrial CIP (2017) ▪ Town of Richmond Hill Community Improvement Plan (2016-17) ▪ Highest and Best Use Analysis, Lands on Prince Arthur Avenue, Toronto (2015) ▪ City of Cornwall HOTC Community Improvement Plan – Program 1 Consideration of Changes to Program

Criteria (2014) ▪ Township of Schreiber Community Revitalization Plan (2015) ▪ Canadian Badlands Main Street Revitalization Project – Resources and Opportunities Analysis (2014) ▪ Canadian Badlands Community Co-operatives Community ‘How To’ Manual (2014) ▪ Aurora Community Improvement Plan and Cultural Precinct (2013) ▪ South Stormont Community Improvement Plan (2013) ▪ Central Manitoulin Community Improvement Plan (2012) ▪ Downtown Revitalization and Waterfront Integration Master Plan, Smiths Falls (2012)

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▪ Town of Bradford West Gwillimbury Downtown Community Improvement Plan (2012) ▪ Town of Bradford West Gwillimbury Downtown Industrial Community Improvement Plan (2012) ▪ Haldimand County Rural Community Improvement Plan and Rural Streetscaping Plan (2012) ▪ City of Vaughan Streetscape (2012) ▪ Review of the City of Belleville Brownfields Community Improvement Plan (2011) ▪ Foreign Direct Investment Strategy, Marketing and Target Sector Leads, Municipalities of Opasatika and Val

Rita-Harty, Ontario (2011 – 2012) ▪ City of Mount Pearl Economic Development, Tourism and Marketing Strategy (2010 – 2011) ▪ Yonge Street Corridor Streetscape Master Plan (2010 – 2011) ▪ Callander Downtown Waterfront Revitalization Master Design Strategy and Community Improvement Plan

(2010 – 2012) ▪ City of Sudbury Performing Arts Centre and Downtown Arts District Feasibility (2008) ▪ Economic Strategy for Cultural Facilities, Eastern Ontario (2007-2009) ▪ Sault Ste. Marie Downtown Economic Development Strategy (2005-2007) ▪ Town of Whitby Downtown Community Improvement Plan ▪ I-210 Corridor Economic Development Strategy, San Bernardino, California (2007-2008) ▪ City of Cornwall Downtown Community Improvement Plan (2005-2007) ▪ North Bay Waterfront Redevelopment Strategy, (2002-2007) ▪ Brantford Downtown Strategy (Market and Economic Development Opportunities, Marketing Strategy)

Planning, Risk & Financial

▪ Lake of the Woods Centre Business Plan, Kenora, Ontario (2011) ▪ VR1 Solar Electric Generation Facility Business Plan, Kapuskasing, Ontario (2010) ▪ Public Private Partnership (P3) for the Delivery of Provincial Courthouses in St. Thomas and Thunder Bay

(2009 – 2010), Consultant on Project Compliance team for Infrastructure Ontario. ▪ Wellington County Consolidated Courthouse Project (2008) ▪ Halton Region Consolidated Courthouse Project (2008) ▪ Thunder Bay Consolidated Courthouse Project (2007) ▪ St. Thomas Consolidated Courthouse Facility Planning Study: Risk Analysis (2006) ▪ Frontenac County – City of Kingston, Local Services Realignment Agreement, Arbitration, Expert Witness

(2005) ▪ Ingersoll, Oxford County Expropriation – OMB Hearing, Expert Witness

Disposition/Acquisition Analysis

▪ City of Timmins Architectural Management for New Recreation Facility Development (2017) ▪ Estonian House of Toronto Limited (2012-14) ▪ Hilary House Heritage Property (2013) ▪ Market Justification Report in Support of Official Plan Amendment and Zoning By-Law Amendment, Town of

Newmarket (2012) ▪ Mainstream Renewable Power Ltd., Solar & Wind Electric Site Search, Ontario (2011-2012) ▪ Girl Guides of Edmonton Wilderness Camp Properties Opportunities Assessment (2011 – 2012) ▪ Various valuations of potential redevelopment properties for land value (non AAIC); ▪ Ottawa Community Housing site valuation and disposition options (2009) ▪ 10 Acre-Truck Stop Belleville Highest and Best Use and Valuation (2006) ▪ Algonquin College –Disposition of Rideau Campus, Downtown Ottawa (2006)

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Lindsay Cudmore, B.URPl., MCIP, RPP, MITE Consultant

Lindsay is a planning consultant with a background in community and land use planning. She holds a Bachelor of Urban and Regional Planning from Ryerson University with a specialization in Transportation Planning and has experience in a wide variety of projects at both the local and national level, including streetscape design, master planning, waterfront and open space planning, community planning and development, and culture and tourism projects. Lindsay’s education and professional experiences have refined her skills and knowledge in urban design and community development, parks and recreation development, tourism, cultural facilities development, and public and stakeholder consultation.

EDUCATION Bachelor of Urban and Regional Planning (B.URPl), Ryerson University, 2008

PROFESSIONAL MEMBERSHIPS Member, Ontario Professional Planners Institute Member, Canadian Institute of Planners Member, Institute of Transportation Engineers

PROFESSIONAL EXPERIENCE Project Manager, EDA Collaborative Inc., Toronto, Ontario (2008-2015) Intern, Engineering Department, GO Transit, Toronto, Ontario (2007)

REPRESENTATIVE EXPERIENCE Parks, Trails & Recreation Development Prescott Recreation Strategic Master Plan, Town of Prescott, Ontario (2018) Site Planning Analysis for the Blackstock Fairgrounds and Replacement Arena, Township of Scugog,

Ontario (2018) Analysis of Pool Options, Township of Scugog, Ontario (2018) Waterloo Memorial Recreation Centre and Older Adult Centres Needs Assessment and Feasibility

Study, City of Waterloo, Ontario (2017) Carrville Community Centre, Library and District Park Functional Programming and Planning Study,

City of Vaughan, Ontario (2017) Uxbridge Parks Master Plan, Township of Uxbridge, Ontario (2017) Scugog Parks, Recreation and Culture Master Plan, Township of Scugog, Ontario (2017) Russell Parks Investment Vision and Planning Policy, Township of Russell, Ontario (2017) Brantford Parks and Recreation Master Plan, City of Brantford, Ontario (2016-2017) Bracebridge Recreation, Parks, and Trails Master Plan, Town of Bracebridge, Ontario (2016-2017) Espanola Recreation Strategic Master Plan, Town of Espanola, Ontario (2017) Timmins Aquatic Centre RFP Project Management, City of Timmins, Ontario (2017) Chapples Park Master Plan, City of Thunder Bay, Ontario (2017) Chaleur Regional Recreation Plan, Chaleur Regional Service Commission, New Brunswick (2017) Thunder Bay Recreation Facilities Master Plan, City of Thunder Bay, Ontario (2016)

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A New Gathering Place: Northside Community Centre Business Case and Operation Model, City of Red Deer, Alberta (2016)

Ingleside Community Park Conceptual Design, Township of South Stormont, Ontario (2016) Richelieu Park Conceptual Design, Township of Russell, Ontario (2016) Russell Sports Complex Conceptual Design, Township of Russell, Ontario (2015) Regent Park Athletic Grounds, Toronto Community Housing Corporation, Toronto, Ontario (2015) Elgin Greenway Detailed Design, City of Greater Sudbury, Ontario (2015) Chapleau Waterfront Development, Township of Chapleau, Ontario (2015) Port Elgin Waterfront Concept Design, Town of Saugeen Shores, Ontario (2014) Binbrook Conservation Area Master Plan, Niagara Peninsula Conservation Authority, Ontario (2014) Waterfront Development Plan, Township of Laird, Ontario (2014) Leisureplex Park Concept Development, Township of West Lincoln, Ontario (2013) Science and Technology Theme Park Master Plan, Beijing, People’s Republic of China (2012) Master Plans for Five Conservation Areas, Conservation Halton, Ontario (2011) Couchiching / Centennial Waterfront Park Redevelopment Master Plan, City of Orillia, Ontario

(2010) Trail Master Plan, County of Brant, Ontario (2009)

Tourism and Cultural Facilities Black Cat Mountain Lodge Business Plan, Alberta (2018) Belfountain Conservation Area: Tourism Opportunities Assessment, Credit Valley Conservation

(2018) Bracebridge Library Feasibility Study, Town of Bracebridge, Ontario (2017) Penticton Arena Feasibility Study, City of Penticton, British Columbia (2017) Charlottetown Multi-Use Sports and Entertainment Centre Feasibility Assessment, City of

Charlottetown, Prince Edward Island (2017) Moose Mountain Ecolodge Feasibility Study and Business Plan, Dauphin, Manitoba (2017) Penticton Trade and Convention Centre Market Assessment and Feasibility Study, City of Penticton,

British Columbia (2016) Cornwall Arts and Culture Centre Feasibility Study and Economic Impact Assessment, City of

Cornwall, Ontario (2016) Park Lake Lodge Business Plan, Labrador (2016) Gunn Metis Tourism Opportunities Feasibility Assessment and Business Case, Alberta (2016) Legislative Grounds Site Work Feasibility Report, Legislative Assembly of Ontario, Toronto, Ontario

(2015) Downtown Tobermory and Harbourfront Area Streetscape and Design Alternatives, Municipality of

Northern Bruce Peninsula, Ontario (2013) Honey Harbour Waterfront Development Plan, Township of Georgian Bay, Ontario (2014)

Destination Bancroft! Tourism Development Strategy, Town of Bancroft, Ontario (2014) Quinte West Amphitheatre Facility Assessment, City of Quinte West, Ontario (2013) Bremner House Master Plan & Implementation Strategy, Strathcona County, Alberta (2008)

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Urban Design & Community Development Richmond Hill Community Improvement Plan, Town of Richmond Hill, Ontario (2017) Bradford Community Improvement Plan (CIP) Retooling, Town of Bradford West Gwillimbury,

Ontario (2016) Vaughan Metropolitan Centre Streetscape and Open Space Plan, City of Vaughan, Ontario (2015) South Yonge Street Transit Operational Improvements Feasibility Study, York Region, Ontario (2015) Peterborough Urban Park Concept Development, City of Peterborough, Ontario (2013) Cornwall Centretown Streetscape Revitalization Strategy, City of Cornwall, Ontario (2012) Downtown and Waterfront Master Plan and Community Improvement Plan, Smiths Falls, Ontario

(2012) Rural Community Improvement and Streetscape Plans for 6 Villages, Haldimand County, Ontario

(2012) Downtown Waterfront Revitalization Plan and CIP, Municipality of Callander, Ontario (2012) Yonge and Garden Avenue Streetscape Detailed Design, Town of Richmond Hill, Ontario (2012) Honey Harbour + MacTier Master Plans and Design Guidelines, Township of Georgian Bay, Ontario

(2011) South Yonge Street Corridor Streetscape Master Plan, York Region, Ontario (2011) Lakescape Action Plan, Haldimand County, Ontario (2011) Bruce Mines Main Street Streetscape Redevelopment, Town of Bruce Mines, Ontario (2010) Chapleau Community Revitalization Plan, Township of Chapleau, Ontario (2010) Beijing BDA Streetscape Conceptual Design, Beijing, People’s Republic of China (2010) Carrville District Centre Streetscape and Urban Design Master Plan, City of Vaughan, Ontario (2009) Port Severn Master Plan and Design Guidelines, Township of Georgian Bay, Ontario (2008) Lambton Shores Community Design Plan, Municipality of Lambton Shores, Ontario (2008)

Economic Development Durham Region Economic Development Strategy, Durham Region, Ontario (2016)

Economic Impact Assessment Economic Impact Assessment for a multi-use sports and entertainment centre in Alberta, City of

Spruce Grove, Alberta (2017) CARI Complex Economic Impact Assessment, Charlottetown, Prince Edward Island (2015)

Strategic Planning Lucan Biddulph Council Strategic Plan, Township of Lucan Biddulph, Ontario (2016)

Other Projects Youth Justice Realty Optimization Study: Financial Impact Analysis, Infrastructure Ontario and

Ministry of Child and Youth Services (2018)

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Ira Banks, MScPl, MPPA Consultant Ira is a planning consultant at Sierra Planning and Management with a background in recreation, transportation, and energy planning. He holds a Master’s in Urban Planning from the University of Toronto, a Master’s in Public Policy & Administration from Ryerson University, and a Bachelor’s in History from McGill University.

Ira has a strong geospatial research background, with experience working on research projects on transportation and land use in support of projects at the local and national level, including secondary plans, community improvement plans, parks and recreation master plans, and environmental impact assessments. His professional experience has enhanced his knowledge and skills in GIS, public consultation, parks and recreation development, and financial analysis.

EDUCATION

▪ Master of Science in Planning (MScPl), University of Toronto, 2015 – 2017 ▪ Master of Arts in Public Policy & Administration, Ryerson University, 2010 – 2011 ▪ Bachelor of History, McGill University, 2005 – 2009

PROFESSIONAL EXPERIENCE

▪ Research Analyst, DPRA Canada, Toronto, Ontario (2018-2019) ▪ Research Analyst, Environment & Energy Division, City of Toronto, Toronto, Ontario (2016-2018)

REPRESENTATIVE EXPERIENCE

▪ City of Spruce Grove Event Centre/Arena Complex Business Case Study (2018-2019) ▪ Town of Perth, Townships of Lanark, Drummond/North Elmsley and Tay Valley Recreation Master Plan

(2019) ▪ Town of Erin Parks Recreation & Culture Master Plan (2018-2019) ▪ City of Kingston Recreation Master Plan (2018-19) ▪ Township of Leeds and the Thousand Islands and Town of Gananoque Joint Recreation Master Plan

(2018-19) ▪ League City Market Analysis for Ice Hockey, Baseball and Soccer Spectator Businesses (2018-2019) ▪ City of Peterborough Sports and Entertainment Centre Feasibility Study (2017-2019) ▪ Natuashish Eco-Tourism Business Plan (2018-2019) ▪ Acadia University Athletics Complex Business Plan (2018-2019) ▪ Wilfrid Laurier Stadium Renovation Business Plan and Economic Impact Proposal (2018-2019) ▪ City of Guelph Downtown Community Improvement Plan Update (2018-2019) ▪ Town of Bradford West Gwillimbury Community Improvement Plan Update (2018-2019)

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Appendix C: Perkins+Will and Lydon Lynch Architects CVs

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perkinswill.com

PHIL FENECH, OAA, MRAIC, LEED AP ND

Principal

EDUCATION

Bachelor of Architecture, University of

Waterloo, 1986

Bachelor of Environmental Studies, University

of Waterloo, 1982

Phil has more than 20 years of experience designing institutional buildings, with a

focus on learning and recreation facilities. He provides specialized expertise ranging

from feasibility studies programming input to direction on quality control, coordination

and construction review.

As a Project Manager and Principal, Phil has led multiple project teams for numerous

facilities, working closely with clients, users, and stakeholders to ensure their needs are

met and that the material qualities of each project reflect the commitment and energy

of all participants. His ability to understand the conceptual challenges and also to resolve

detailed site issues enables Phil to be a key member of the team from start to finish.

Phil is a Principal with the Toronto Office and is a specialist for Sports+Recreation in the

firm.

RELEVANT EXPERIENCE Wilfred Laurier University

City of Mississauga Athletic Complex Fitness Centre Expansion

Park 459 Master Plan Waterloo, Ontario

REGISTRATIONS

Ontario Association of Architects Royal

Architectural Institute of Canada

PROFESSIONAL AFFILIATIONS

LEED Accredited Professional

Pool Operator’s Certificate, National

Swimming Pool Foundation, 2002 Parks

and Recreation Ontario, Aquatic Sports

Council of Ontario

Mississauga, ON

University of Toronto Scarborough

Highland Hall Renovation + Expansion

Scarborough, Ontario

Town of Richmond Hill Oak

Ridges Library Richmond

Hill, Ontario

City of Mississauga

Meadowvale Community Centre & Library

Mississauga, Ontario

City of Markham

South-East Markham Community

Centre & Library

Markham, Ontario

City of Hajj

Hajj City 5 Star Hotel Complex Medina,

Saudi Arabia

City of Ottawa

Barrhaven Community Centre (Minto

Centre)

Ottawa, Ontario

City of Truro

Rath East Link Community Centre Truro,

Nova Scotia

City of Edmonton

Meadows Community Centre & Library

Edmonton, Alberta

Mohawk College

Justice + Wellness Centre

Hamilton, Ontario

University of Toronto

Recreation, Athletics and Wellness Centre


Mohawk College

David Braley Athletic + Recreation Centre

Hamilton, Ontario

Trent University

Trent Community Sport + Recreation Centre

Peterborough, Ontario

City of Owen Sound

Julie McArthur Regionall Recreation Centre

Owen Sound, Ontario

Town of Oakville

Queen Elizabeth Park Community Centre

Oakville, Ontario

City of Markham

Cornell Community Centre + Library Markham,

Ontario

City of Toronto

York Community Centre Toronto,

Ontario

City of London Thames

Outdoor Pool London,

Ontario 43

perkinswill.com

PHIL FENECH/

City of London

Gibbons + Northeast Outdoor Pools

London, Ontario

City of St.Catharines

Kiwanis Aquatics Centre + Library

St.Catharines, Ontario

Town of Richmond Hill

Oak Ridges Community Centre Richmond

Hill, Ontario

City of London

London Recreation Centre + Library

London, Ontario

Municipality of Clarington

Newcastle Community Centre

Clarington, Ontario

City of Clarence-Rockland

Clarence-Rockland Recreational and

Cultural Complex

Clarence-Rockland, Ontario

City of Brampton

Cassie Campbell Community Centre

Brampton, Ontario

City of Barrie

Holly Community Centre Barrie,

Ontario

City of Orillia

Orillia Multi-Use Recreation Facility Orillia,

Ontario

Peterborough Parks and Recreation

Peterborough Sport and Wellness Facility

Peterborough, Ontario

City of Markham

Angus Glen Community Centre + Library

Markham, Ontario

City of Mississauga + YMCA

Central Erin Mills Multi-Use Complex,

Recreation Centre, High School + Library


Town of Caledon

Caledon Centre for Recreation + Wellness

Caledon, Ontario

YMCA

Flamborough YMCA*

Waterdown, Ontario

YMCA

Oakville YMCA* Oakville,

Ontario

YMCA

Surrey Family YMCA* Surrey,

British Columbia

YMCA

Sudbury Wellness Centre, YMCA Centre for

Life and Older Adult Centre*

Sudbury, Ontario

City of Burlington

Tansley Woods Centre for Learning +

Leisure, Community Centre + Library

Burlington, Ontario\

City of Halifax

Long Term Arena Strategy Halifax,

Ontario

City of Edmonton

Lewis Farms Community Centre, Feasibility

Study

Edmonton, Alberta

City of Brampton

Brampton East Community Centre, Feasibility

Study

Brampton, Ontario

City of Barrie

Southeast Barrie Community Centre,

Feasibility Study

Barrie, Ontario

Competition

Shenyang Olympic Aquatic Centre*

Shenyang, China

*Completed prior to joining Perkins+Will

SPEAKING ENGAGEMENTS

2013 — Athletic Business Conference 2009 -

2011, 2015 — Parks + Recreation Ontario

Conferences

2009 - 2015 — Speaker, Parks + Recreation

Aquatic Conference

2008 — Speaker, Parks + Recreation Aquatic

Conference

Professional Advisor, Aquatic Sports Council of

Ontario, Competitive Pool Design Standards

2012 - OAPPA Conference

AWARDS & HONORS

2014 — PRO Excellence in Design Award,

Cornell Community Centre + Library

2014 — 41st Annual Interior Design

Competition Winner (IIDA), Cornell

Community Centre + Library

2013 — Interior Design Magazine BOY Award,

Honoree, Cornell Community Centre

+ Library

2013 — Athletic Business, Facility of Merit

Award, Oak Ridges Community Centre 2012 —

Interior Design Magazine BOY Award,

Honoree, Institutional: Library, Kiwanis

Aquatics Centre + Library

2008 — Athletic Business Facility of Merit

Award: Wellness, Recreation + Athletic

Centre, University of Toronto

2006 — Athletic Business Magazine’s

Architectural Showcase/ Facility of Merit

Award, Peterborough Sports and Wellness

Centre

2006 — Athletic Business Magazine’s

Architectural Showcase/ Facility of Merit

Award, Angus Glen Community Centre +

Library, The Town of Markham

2002 — Oakville Urban Design Award, Oakville

Family YMCA, The Town of Oakville 2001 —

Mississauga Urban Design Award of Merit for

Innovation, Execution

and Community Scale, Central Erin Mills Multi-

Use Complex, The City of Mississauga 1998 —

Athletic Business Magazine’s Architectural

Showcase/ Facility of Merit Award, Tansley

Woods: A Centre for

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Learning + Leisure, The City of Burlington

1997 — BOMA’s National Office Building of

the Year, Canada Life Head Office, Canada

Life

1996 — BOMA’s Toronto Corporate Office

Building of the Year, Canada Life Head Office

Canada Life

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LYDON LYNCH ARCHITECTS

KEITH TUFTS RAIC, NSAA, OAA, AANB, LEED® AP, BCOMM PRINCIPAL IN CHARGE

WWW.LYDONLYNCH.CA 902.422.1446 1668 BARRINGTON STREET, HALIFAX, NOVA SCOTIA, B3J 2A2

Lydon Lynch Principal Keith Tufts has built a portfolio of award winning, highly sustainable institutional and cultural projects including Dalhousie University’s Arts Centre, Fountain School of Performing Arts, SHAW/Global National News Studio, Lunenburg County Lifestyle Centre, Dalhousie University’s Student Union Building, Halifax’s Seaport Farmers’ Market, CKDU-FM and Club Flamingo.

Keith is appreciated for his ability to listen to client’s needs, ensure the team is attentive in their commitment to the project, inspire and encourage great design, and provide respectful management and leadership. Keith has a varied design background in architecture, broadcasting and culture, having designed and constructed technically complex theatres, television & radio broadcast facilities, head libraries and educational facilities, community markets, recreation and lifestyle facilities. Keith recently completed the design for Dalhousie University’s Fountain School of Performing Arts, featuring a naturally daylit, naturally acoustic recital hall, rehearsal halls, practice rooms and costume studies design studios. Previously, Keith renovated / expanded Dal’s Student Union Building. The project was delivered on time and on budget to rave reviews for his design and his leadership.

EDUCATION AND QUALIFICATIONSMasters of Architecture, Dalhousie UniversityBachelor of Environmental Design, Dalhousie UniversityLEED® Accredited ProfessionalGreen Roof Design and Implementation, Cities AliveBachelor of Commerce, Honours in Finance, Dalhousie University

PROFESSIONAL AFFILIATIONSMember, Royal Architectural Institute of CanadaMember, Nova Scotia Association of ArchitectsMember, Ontario Architects Association

PROjECT ExPERIENCE$35M Fountain School of Performing Arts / Dalhousie Arts Centre, Halifax, NS - Programming, Visioning and LEED Gold Design$25M Municipal Administration Building and Courthouse, Municipality of Shelburne, NS - Programming, Visioning and LEED Gold Design$15M Dalhousie University, Student Union Building, Halifax, NS - Programming, Visioning and LEED Gold Design$35M Lunenburg County Lifestyle Centre, Bridgewater, NS - LEED GOLD Design$10M Shaw Global National News TV Studio, Halifax, NS$15M Halifax Seaport Farmers’ Market, Halifax, NS - Programming, Visioning and LEED PLATINUM Design$20M Banff School of Fine Arts, Arrivals Centre, Banff, AB: LEED GOLD Design

DESIgN AwARDSWood Design Award, Lunenburg County Lifestyle CentreAward of Excellence, Best International Green Roof, Seaport Farmers’ MarketLieutenant Governor of Nova Scotia Design Award, Seaport Farmers’ MarketLieutenant Governor of Nova Scotia Design Award, Cheticamp Children’s AmphitheatreGold Medal, National Post Design Award, Cheticamp Children’s Amphitheatre

CLIENT REFERENCESJacqueline Warwick, Director Dalhousie Fountain School of Performing Arts, (902) 494-1926Alex Walker, Senior Project Manager, Dalhousie University Facility Management, (902) 440-7208Dianne Taylor Gearing, President, NSCAD University, (902) 494-8110Troy Myers, Chief Librarian, South Shore Main Library, (902) 543-2548Craig Kennedy, General Manager, Dalhousie Student Union Building, (902) 494-1248Fred Kilcup, General Manager, Halifax Seaport Farmers’ Market, (902) 527-6776

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Enhancing Fredericton as a Tourism Destination

Toward a Tourism Accommodation Levy

COR-FRM-036, V. 1.2, Issued 13/05/1947

Tourism Accommodation Levy Legislation Passed by Province• In June, PNB passed amendments to Local Government

Act, enabling municipalities to create bylaws creating a Tourism Accommodation Levy

• TAL is a tax on accommodations to “promote tourism marketing and development.”

• Levies/hotel taxes are common practice - New Brunswick among last jurisdictions to enact levy/tax legislation

• With new taxing authority, Province left specific elements up to the municipalities

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Enabling Amendments to Local Government Act

• Give the authority to municipalities to define the parameters that best serve their interest

• Municipalities are not forced to implement bylaws

• Municipalities can define the parameters of the bylaws

• The levy will be remitted by accommodations to fund “tourism promotion and development”

• Municipalities can set levy rates, create exemptions

• Establish collection and auditing regimes

• Municipality determines how funds spent and administered

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Strong Support for Enabling Legislation• For over a decade, the City of Fredericton, along with

municipalities across New Brunswick, requested the Government of New Brunswick enhance and diversify municipal governments’ revenue generating capacity.

• The Cities of New Brunswick has advocated on behalf of cities for the creation of a mandatory accommodation levy.

• The Tourism Industry Association of New Brunswick (TIANB) has pursued a mandatory accommodation levy in New Brunswick for years.

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Levy Bylaw Supportedby the Local Hotels, Private Sector

• Fredericton Hotel Association (FHA), Chamber of Commerce have been strong advocates

• Broad support to create a hotel tax/tourism accommodation levy

• Support contingent on funds used to support tourism marketing, sales and development (required by PNB legislation)

• FHA and Chamber have called for an industry-led committee of experts to determine how funds are spent

• FHA & Chamber want funds generated by the levy to be incremental to current municipal tourism funding

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Moving Forward Togetherwith the Hotel Sector

• Since June, staff have been consulting with the Fredericton Hotel Association on a future bylaw

• Very positive discussions

• As per Council’s direction, discussions focused on bylaw first, then governance

• Guiding principle has been to provide consumers with commonality , where possible, among NB city bylaws, particularly between Moncton, Saint John and Fredericton

• Staff have drafted a bylaw based on these discussions

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DRAFTTourism Accommodation Levy Bylaw• TAL rate of 3.5% (same as Moncton)

• Applies to accommodations within city limits

• Applies to accommodation properties with six or more rooms

• Stays of less than 31 days

• City will have ability to collect, audit

• Provisions for refunds to hotels where incorrect calculations have been made

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DRAFTTAL Bylaw Exemptions

• Campgrounds not included

• University accommodation only included when used for tourism purposes (students registered for classes)

• Exemptions for medical visits, accommodations required by Emergency Measures Organization

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Smaller Properties& the AirBnB Question• Currently not included

• Establish TAL system with larger properties first

• Later amendments could include smaller properties and AirBnB

• Several larger Canadian municipalities are looking at bringing AirBnB into their taxation regime

• City would look to results of those discussions to determine how to include AirBnB

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TAL Governance Model (Draft)

• Creation of an industry-led, joint city-industry TAL Committee

• Council approval of expenditure guidelines

• TAL Management Committee establishes a strategy for marketing, sales and tourism development

• Fredericton Tourism is DMO( (Destination Management Organization) for the City and delivers/excecutes the TAL Committee approved strategy, reports metrics.

• “Incrementalism in principle” - funds additional to existing tourism funding, with proviso that Council makes final determination during budget process

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TAL Expenditure Guidelines• Meant to ensure Council’s oversight

• Provides assurance to tourism industry

• Ensures funds spent in a balance way & in appropriate areas

• Provides clarity on future event funding

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ProposedTAL Expenditure Guidelines • Minimum of 50% of funds for tourism marketing, sales and

promotion to support Fredericton as a destination• Maximum of 25% of funds to support one-time events

(conferences, major sporting events)• A maximum of 25% of funds to support incremental tourism-

focused initiatives in annual festival and events• Combined event support can not exceed 33% of total funding.• A maximum of 25% of funds for product development, research,

analysis & infrastructure support• Collection & administration of TAL by City: real costs not to exceed

5%• 5% accommodation operator marketing credit (held by DMO to

spend on TAL approved marketing programs): 5%

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Proposed TAL Committee• Works within Council’s Terms of Reference

• Works within Council’s expenditure guidelines

• Industry-led, joint City-industry committee

• Allows tourism experts to determine best use of funds

• Committee establishes strategy for effective use of levy funds

• Works to integrate & compliment existing tourism marketing and sales

• Measures results of tourism promotion and development activity

• Meets as needed, probably quarterly once fully established

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Proposed TAL Committee• 7 voting members, plus 1 ex-officio

• 2 Accommodations representatives (selected from levy collecting operators)

• 2 tourism industry representatives (restaurants, attractions, festivals, events, sport hosts, facilities,

• 2 City representatives (could be staff, elected or private sectors)

• 1 Director of Tourism

• Manager of Fredericton Tourism is ex-officio

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Committee Selection• City nominees brought forward by staff for Council

approval

• Tourism Industry positions selected by Council until a broad-based, fully functional tourism association is established.

• Accommodation seats selected by Fredericton Hotel Association

• Includes succession planning

• Includes consideration for gender representation

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BY-LAW NO. __ , TOURISM ACCOMODATION LEVY BY-LAW FOR THE CITY OF

FREDERICTON

ENACTED: __________ ___ , 2019

WHEREAS local governments may make by-laws pursuant to the Local Governance Act;

AND WHEREAS the purpose of this By-law is to establish a tourism accommodation levy in the City of

Fredericton;

NOW THEREFORE, BE IT ENACTED by the Council of the City of Fredericton, and pursuant to

the authority vested in it by the Local Governance Act, S.N.B. 2017, c.18, as follows:

1. DEFINITIONS

1.01 In this By-law,

“City” means the City of Fredericton or its designate as per resolution;

“Council” means the Mayor and Councillors of the City of Fredericton;

“Levy” means the Tourism Accommodation Levy;

“Local Governance Act” means the Local Governance Act, S.N.B. 2017, c. 18, and amendments thereto;

“Operator” means a person who, in the normal course of the person’s business, sells, offers to sell,

provides and offers to provide accommodation in the City;

“Tourism Accommodation” means the provision of lodging for a continuous period not exceeding thirty-

one (31) days in hotels, motels, inns, bed and breakfasts, resorts, hostels, buildings owned or operating a

post-secondary institution, or in any other facility, where the facility or building consists of six (6) or

more rooms or rental units that are offered as lodgings.

2. APPLICATION AND COLLECTION OF LEVY

2.01 A Levy of three and a half percent (3.5%) of the purchase price of Tourism Accommodations

shall be imposed in the City.

2.02 Operators shall collect the Levy at the time the Tourism Accommodation is purchased and remit

the Levy to the City at the prescribed times and in the prescribed manner as set forth in this By-

law.

3. EXEMPTIONS FROM LEVY

3.01 The Levy shall not apply to:

(1) a student who is accommodated in a building owned or operated by a post-secondary

educational institution while the student is registered at and attending said post-secondary

educational institution;

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(2) a person who is accommodated in a room for more than thirty-one (31) consecutive days;

(3) hotel or motel rooms used by the Province of New Brunswick or the City or either of its

agents for emergency shelter accommodation purposes;

(4) a person and the person’s family, accommodated while the person or a member of the

person’s family is receiving medical treatment at a hospital or provincial health-care

centre or seeking specialist medical advice from a physician licensed to practice medicine

in the Province of New Brunswick or resides at Fredericton Hospice, provided the person

gives to the operator a written statement from a medical practitioner; or

(5) tent or trailer sites supplied by a campground, tourist camp or trailer park.

3.02 The Levy shall not apply to Tourism Accommodations sold by an Operator for motor coach

accommodations until January 2020.

4. REPORT AND REMITTANCE OF LEVY

4.01 All Operators shall make and submit separate monthly reports of tourism accommodation sales

and the Levy collected to the City, in a form, acceptable to the City.

4.02 Notwithstanding section 5.01, the City, may at any time require an Operator to provide a report of

sales and Levy collected, such report to cover any period or periods.

4.03 Operators shall provide a separate report for each place of business, unless a consolidated report

has been approved by the City.

4.04 Operators shall submit reports to the City by the fifteenth (15th) day of the month following the

collection of the levy by the operator and the levy shall be remitted no later than the last day of

the month following the collection of the levy.

4.05 If an Operator has not collected a Levy during the preceding period, a report to that effect shall be

submitted to the City.

4.06 Where an Operator ceases to carry on or disposes of the business, they shall make the report and

remit it along with the Levy collected to the City within fifteen (15) days of the date of

discontinuance or disposal.

5. RECORDS

5.01 Every Operator shall keep books of account, records and documents sufficient to furnish the City

with the necessary particulars of:

(1) sales of accommodation;

(2) amount of Levy collected;

(3) disposal of Levy; and

(4) exemptions or adjustments.

5.02 All entries concerning the Levy in such books of account, records and documents shall be

separate and distinguishable from other entries made therein.

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5.03 Every Operator shall retain any book of account, record or other document referred to in this

section for a minimum period of seven (7) years.

5.04 Operators shall include on every receipt, bill, invoice or other document for the purchase of

Tourism Accommodations a separate item for the amount of Levy imposed on the purchase.

5.05 The City may inspect and audit all books [of account], documents, records, transactions and

accounts of Tourism Accommodation providers and require Operators to provide copies of any

documents or records required for the purpose of administering and enforcing this By-law.

6. CALCULATION OF LEVY

6.01 Where an Operator sells Tourism Accommodation in combination with meals and other

specialized services for an all-inclusive package price, the purchase price of the accommodations

shall be deemed to be the purchase price of the Tourism Accommodation [when such

accommodations are offered for sale in the same facility without such specialized services].

7. REFUND OF LEVY WRITTEN OFF

7.01 The City may refund to an Operator who sells accommodations a portion of the amount sent by

the Operator to the City in respect of the Levy payable on that sale under this By-law, if:

(1) the Operator, in accordance with this By-law, remits the Levy required under this By-law

to be levied and collected for the sale;

(2) the purchaser subsequently fails to pay to the Operator the full amount of the

consideration and Levy payable on that sale; and

(3) the Operator writes off as unrealized or uncollectible the amount owing by the purchaser.

7.02 An Operator may deduct the amount of the refund payable to the Operator under this section from

the amount of the Levy that the Operator is required to remit under this By-law.

7.03 If an Operator who has obtained a refund under section 8.01 or made a deduction under 8.02

recovers some or all of the amount referred to in subsection 8.01(3) with respect to which the

refund was paid or the deduction was made, the Operator must add an amount to the Levy to be

paid or remitted by the Operator under this By-law with respect to the reporting period in which

the recovery was made.

8. REFUND OF LEVY COLLECTED IN ERROR

8.01 If the City is satisfied that a Levy or a portion of a Levy have been paid in error, the City shall

refund the amount of the overpayment to the person entitled.

8.02 If the City is satisfied that an Operator has remitted to the City an amount as collected Levy that

the Operator neither collected nor was required to collect under this By-law, the City must refund

the amount to the Operator.

9. INTEREST

9.01 Interest payable under the By-law shall be payable at a rate of one and a half percent (1.5%) per

month or eighteen percent (18.0%) per annum on any outstanding Levy.

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10. ENFORCEMENT

10.01 Every person duly appointed by Council as a by-law enforcement officer is hereby authorized to

carry out any inspection that is necessary for the administration or enforcement of this By-law.

10.02 Any By-law enforcement officer is hereby authorized to take such actions, exercise such powers

and perform such duties, as may be set out in this By-law or in the Local Governance Act and as

they may deem to be necessary to enforce any provisions of this By-law.

10.03 No person shall refuse entry to, obstruct, interfere with, hinder or attempt to obstruct or hinder a

by-law enforcement officer who, under the authority of this By-law, is exercising a power or

performing a duty under this By-law.

11. PENALTIES

11.01 Any person who violates any provision of this By-law is guilty of an offence and is liable on

conviction to a fine.

11.02 (a) Every person charged with an offence under Sections 2.02, 4 and 10.03 of this By-law, on or

before the date of the hearing of the offence scheduled before a Judge of the Provincial Court,

may make a voluntary payment of One Hundred and Twenty-Five dollars ($125.00) for a first

offence or a voluntary payment of One Hundred and Seventy-Five dollars ($175.00) for any

subsequent offence.

(b) Every person charged with an offence under Sections 5 of this By-law, on or before the date

of the hearing of the offence scheduled before a Judge of the of the Provincial Court, may

make a voluntary payment of One Hundred dollars ($100.00) for a first offence or a voluntary

payment fine of One Hundred and Fifty ($150.00) for any subsequent offence.

11.03 The voluntary payments set out in Section 11.02 herein shall be made to the City of Fredericton

as follows:

(a) in person at the Service Centre, City Hall, 397 Queen Street, Fredericton, in cash, by cheque

or money order made payable to “The City of Fredericton”;

or

(b) by mail to:

The City of Fredericton

397 Queen Street

Fredericton, N.B., E3B 1B5,

“Attention Service Centre”

by cheque or money order only, payable to “The City of Fredericton”

at which time the ticket or ticket number shall be surrendered to the City of Fredericton and such

payment shall be deemed payment in full.

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11.04 If the voluntary payments set out in Section 11.02 have not been received by the City prior to the

hearing scheduled before the Provincial Court, the person charged with the offence is liable upon

summary conviction to a fine of not less than Five Hundred ($500.00) and not more than the

maximum fine which may be imposed for commission of an offence punishable under Part II of

the Provincial Offences Procedure Act as a Category D offence.

11.05 In addition to Section 11.04 herein above, if the offence for which a person is found liable

continues for more than one (1) day, that person is liable upon summary conviction to a fine of

not less than Four Hundred Dollars ($140.00) and not more than the maximum fine of Two

Thousand and One Hundred Dollars ($2,100.00) multiplied by the number of days that the

offence continues.

12. LIEN

12.01 Any outstanding Levy, interest or penalty owed to the City shall, until they are paid, form a lien

and charge on the Operator’s real property which may be enforced by the City as provided by the

Local Governance Act.

13. EFFECTIVE DATE

13.01 This By-law shall be effective as of November 1, 2019.

First Reading: Première lecture : le

Second Reading: Deuxième lecture : le

Third Reading: Troisième lecture : le

___________________________ ____________________________

Mayor/maire City Clerk / secrétaire municipale

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Resurfacing Progam:Current & Future Challenges

Presented byMike Walker, P.Eng.

Manager – Roadway OperationsJuly 16, 2019

COR-FRM-036, V. 1.1, Issued 13/07/15

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Outline

• Resurfacing Program• What is Asphalt Concrete?• Asphalt Concrete: What Goes Wrong?• Industry Trends • Fredericton’s Approach to Pavement Management• Budget Vs. Costs• Questions?

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Resurfacing Program• Purpose of the program

• Asset Management

• Proactive Maintenance Vs. Reactive Maintenance

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What is Asphalt Concrete?

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Asphalt Concrete:What Goes Wrong

• Stripping

• Cracking

• Potholes

• Debonding

• Rutting

• Raveling

• Shoving

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Industry Trends

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Industry Trends

• RAP, RAS, WMA, PG, MSCR, REOB, SMA, PCI

HUH?

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Our Approach

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Our Approach

• Arterial Streets – 15 year life cycle

– We’re not getting there

– Intervention needed sooner

– Compounding issues = faster deterioration

• Recycled materials

• Further refining/modifying of liquid asphalts

• Increasing costs = decreasing margins (stretching $$’s)

• Local Streets – 20 year life cycle

– Still ok

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Our Approach

• Infrastructure Deficit

• Where we are:

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Our Approach

• Where we need to be:

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Our Approach

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Budget Vs. Costs

• Liquid Asphalt Price

• Material Prices

• Fuel Costs

• Labour Costs

• Safety Costs

• Meanwhile: Quality goes (unless we pay more)

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Budget Vs. Costs

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Questions?

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To: His Worship Mayor Mike O’Brien and Members of City Council From: Meredith Gilbert, Manager of Transit and Parking Services Date: August 07, 2019 Title: Universal Bus Pass Program – UNB Graduate Students Association 2019-2022 – August 7, 2019 Description: []

OPEN OR CLOSED SESSION: This matter is for consideration in an open session of Council-in-Committee.

ISSUE: On February 19, 2019 Council-in-Committee directed staff to enter into negotiations between the City of Fredericton and the University of New Brunswick Graduate Students Association (UNBGSA) to establish a new Universal Bus Pass Agreement. The variation in student identification (ID) cards among post-secondary institutions makes it challenging for Transit Operators to quickly and easily identify valid student ID cards. A digital, or Smartphone-based, student bus pass solution that would address these and other considerations was proposed to City Council during the April 23, 2019 Transportation Committee meeting. As a result of this discussion, the Transportation Committee directed staff to enter into negotiations for an agreement between the City of Fredericton, the University of New Brunswick Graduate Students Association (UNBGSA), and HotSpot Parking Inc. for the provision of a digital student bus pass.

BACKGROUND: The graduate students of the University of New Brunswick have participated in a Universal Bus Pass Agreement with the City of Fredericton since 2009. The current one-year agreement will expire on August 31, 2019. There is no third party to this agreement; it is between the City of Fredericton and the University of New Brunswick Graduate Students Association (UNBGSA). Since the inception of the UPass program with UNBGSA, student identification cards have required the manual application of Fredericton Transit validation stickers on an annual basis. This process is administratively time consuming, while the validation method lends itself to fare evasion. Therefore, staff have worked with HotSpot Parking Inc. and the UNBGSA to identify an alternate solution for validating student identification in association with the UPass.

DISCUSSION: Previous UNBGSA agreements applied to all full-time graduate students, part-time students desiring to opt-in, and included an opt-out provision for those students who did not have a physical connection with the Fredericton campus, either because they are associated with UNB’s Saint John campus or they do not attend classes as part of their program. It was also previously agreed by both parties that students


Council-in-Committee – open session – August 12, 2019

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Form No.: GOV-FRM-002 Service: Community Leadership Issue No.: 1.8 Issue Date: May 19, 2015

Printed On: August 7, 2019 May 25, 2001

living outside the City of Fredericton municipal boundary can opt-out of the program. The yearly fee for the program is currently $140.00 per full-time or part-time opt-in graduate student. As a new feature of the UPass program, staff are proposing an additional agreement between the City of Fredericton, UNBGSA, and HotSpot Parking Inc. for the delivery of a Digital Upass. HotSpot offers a digital bus pass service that can be utilized in a manner similar to the parking app. The Digital UPass will involve the syncing of UNBGSA student identification numbers with the HotSpot app to create a Smartphone-based UPass for individual students. The Digital UPass will be designed with key features that will enable Transit Operators to more quickly and reliably validate students currently enrolled in a UPass program as they board the bus. Key features will be changed on an annual basis to reflect updated student enrollments and associated UPass validation. In addition, students whose enrollment status changes can readily be added to or removed from the validation system. The Digital UPass will also enable students to utilize bus route planning and tracking functions within the same app. While the app must be downloaded for use of the Digital UPass, an internet connection is only required at the time of initial access which can be done via WiFi.

The Digital UPass is structured as an opt-in student bus pass service wherein UNBGSA will provide HotSpot with a list of student ID numbers. Students with valid student ID numbers will then be instructed on how to register for the Digital UPass by downloading the HotSpot app. The student then has the ability to agree to HotSpot terms and conditions associated with use of the app and register to use the app. Personal privacy is protected in several ways. First, at no time is the student name or contact information shared between these institutions. Second, the student is given the choice of whether or not to opt into and register for the Digital Upass. Third, data shared between institutions is based on uniquely assigned numbers that cannot be directly tied to individual students. Fourth, students who choose not to or are unable to use a Smartphone for this purpose will be provided with a paper-based student bus pass as an alternate option. Fifth all data is used in accordance with HotSpot's privacy policy strictly for customer service in accordance with terms of service agreed to by individual users of the HotSpot app.

Enhanced data collection is a key objective of the Transit Strategic Plan for facilitating improved service delivery with respect to frequency and route planning. A HotSpot Transit Dashboard made available to Fredericton Transit and the UNBGSA will provide service usage data including ridership rates/boardings, time of day, length of trip, and routes taken. All data shared between HotSpot, Fredericton Transit and UNBGSA will be anonymized through unique User ID's through HotSpot's system. This anonymous data will allow Fredericton Transit to identify trends to better improve services using only general ridership trends. It is noted that users again have the ability to opt-out of the collection of this data by turning off system functions within their phone and/or the app such as GPS tracking. The dashboard will also enable staff to send alerts to students regarding transit service disruptions such as weather-related service impacts.

Staff feel the digital student pass option presents a viable solution for addressing ongoing issues with student ID validation. Further, it is anticipated that rates of fare evasion would be reduced given the ability to regularly update student enrollment/validation status through the dashboard which cannot be done through the current sticker validation system. The data gathering component would be valuable for future service planning. The UNBGSA has expressed a keen interest in working with Fredericton Transit and HotSpot to launch the Digital UPass. The proposed agreement for Digital UPass involves a fee of $1.00 per student/month that the City would pay to HotSpot for the provision of this service. However, it is noted the proposed three (3) year agreement between the City of Fredericton and UNBGSA will involve the following rate increases:

Year 1 (2019/2020): $8.00 increase to $148.00 per student/year Year 2 (2020/2021): $7.00 increase to $155.00 per student/year Year 3 (2021/2022): $7.00 increase to $162.00 per student/year

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This reflects an overall increase of $22.00, or 15.7%, over three years with annual rate increases of approximately 5%. Based on average student enrollments of approximately 650 students/year during the past three years, it is estimated that these changes would increase revenues by approximately $5,000 annually, while the cost of the Digital UPass would be approximately $7,800 annually. Staff feel the cost is reasonable given that the majority of administrative work associated with the delivery of the UPass program would be managed by HotSpot therefore creating operational efficiencies within the Transit division.

COUNCIL POLICY: Council authorization is required for the execution of an agreement by the Mayor and City Clerk on behalf of the City of Fredericton and this matter is being submitted to Council for approval in accordance with Policy No. COR-POL-033, Legislative Development and Interpretation as well as TRA-POL-002 Fixed Route Scheduled Transit.

FINANCIAL CONSIDERATION (Immediate Impact on Approved Budget): The UNBGSA student enrollment for the 2018/19 calendar year was estimated at 686 students. Average annual revenue during the past five years associated with UNBGSA U-Pass agreement was approximately $98,950 while the preceding academic year involved a total revenue of $83,720.00. There is no significant change in full-time or part-time student enrollment anticipated for the 2019/2020 academic year. With respect to the launch of the Digital UPass, there are no immediate impacts on the current budget. Based on recent average enrollments (650 students), the cost per year is estimated at $7,800. Given the above-noted three-year rate increases included in the draft Agreement between the City and UNBGSA, the cost for providing the Digital UPass would be fully covered by the rate increases excepting for the 2019/2020 academic year where the approximate balance of $2,600 would be covered within Transit’s current operating budget.

LEGAL CONSIDERATION: Following the direction received from Council-in-Committee and Transportation Committee, staff from the Legal Division worked with staff from the Transit Division to prepare the two (2) draft agreements. Both drafts contain standard provisions. In the Universal Bus Pass Agreement between the City of Fredericton and the Graduate Students Association, the term is three (3) years beginning September 1, 2019 and ending August 31, 2022. There is no provision for an extension. In cases where the Student chooses not to use a cellphone for the Digital UPass, the City will provide said Student with a standard paper-based bus pass. The Graduate Student Association will pay the City $148 per full-time and part-time student (who opts into the program) for the first year of the Term (September/19- August/20). During the second year of the Term (September/20- August/21), the amount increases to $155.00 and then increases further to $162.00 in the third year of the Term (September/21- August/22). For students who begin in January of the academic year, the City will receive $74.00 in the first year of the Term, $78.00 in the second year of the Term and $81.00 in the third year of the Term. There is a provision for Students to opt-out of the program if the students are primarily associated with the Saint John campus or live outside of the geographical limits of the City. In the Service Agreement between The City of Fredericton, the Graduate Students Association and HotSpot, the term of the proposed agreement is three (3) years beginning September 1, 2019 and ending August 31, 2022. There is no provision for an extension. Any party may terminate the agreement with or without cause upon 60 days notice to the other parties. The City shall pay HotSpot $1.00 per month, per Student registered for the Digital UPass.

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The said draft agreements are attached for City Council’s review and consideration.

SUSTAINABILITY DUE DILIGENCE: This section should identify and explain the issue’s impact on the economy, the environment and our community, as follows:

the economic impact: There are no long-term funding implications of this agreement that will not be covered by increased revenue associated with increases in the annual per student fee. The level of service is not expected to change significantly over the life of the contract.

the environmental impact: The use of public transit is an inherently “green” practice; programs such as the U-Pass that enroll large groups of captive users not only fill empty seats on existing capacity and create new revenue streams, they often increase demand in non-traditional times of the day. The U-Pass program also introduces transit as an alternative transportation for daily commuting among the student population of future workers.

the social impact: The funds associated with the two existing U-Pass programs subsidize service in the low-demand periods, making the system more usable for both students and riders from other demographics. The additional service fills some of the gaps in the off-peak times that present challenges for people that use transit as their sole mode of transportation.

COMMUNICATION PLAN: The Transit and Parking Services Division will work with the Communications Division to establish a communications strategy for informing the public of the proposed service improvement associated with the introduction of a phone-based transit fare payment/validation system. It will be noted that this is an advancement in fare payment technology that may, in the future, lend itself to a service that can be offered to general ridership through Smarthphone or app-based pass and ticket sales for use on Fredericton Transit. Communication to UNBGSA students regarding the change in service delivery will be developed and shared with students collaboratively by the City, UNBGSA and HotSpot.

SPOKESPERSON: Meredith Gilbert, Manager, Transit and Parking Services

OPTIONS: 1. City Council may choose to authorize and approve the agreement between the City of

Fredericton and the Graduate Student Association of the University of New Brunswick Inc. for a term of three (3) years, from September 1, 2019 to August 31, 2022 with respect to the Universal Bus Pass Program at annual per student rates of $148.00 in Year 1 (2019/2020); $155.00 in Year 2 (2020/2021); and $162.00 in Year 3 (2021/2022), subject to current opt-out clauses; AND choose to authorize and approve the agreement between the City of Fredericton, the Graduate Student Association of the University of New Brunswick Inc., and HotSpot Parking Inc. for a three (3) year term for the provision of a digital student bus pass at a rate of $1.00 per student, per month;.

2. City Council may choose to not authorize and approve the agreement between the City of

Fredericton and the Graduate Student Association of the University of New Brunswick Inc. for a term of three (3) years, from September 1, 2019 to August 31, 2022 with respect to the Universal Bus Pass Program at annual per student rates of $148.00 in Year 1 (2019/2020); $155.00 in Year

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2 (2020/2021); and $162.00 in Year 3 (2021/2022), subject to current opt-out clauses; AND choose to not authorize and approve the agreement between the City of Fredericton, the Graduate Student Association of the University of New Brunswick Inc., and HotSpot Parking Inc. for a three (3) year term for the provision of a digital student bus pass at a rate of $1.00 per student, per month.

3. City Council may choose to give other direction to staff.

RECOMMENDATION: It is recommended that the following resolution be forwarded to City Council for consideration:BE IT RESOLVED that the Council of the City of Fredericton hereby authorizes and approves the Universal Bus Pass Agreement between The City of Fredericton and The Graduate Student Association of the University of New Brunswick Inc. for a three (3) year term beginning September 1, 2019 and ending August 31, 2022, with no provision for extensions, whereby the Graduate Student Association shall pay the City annual per student rates of $148.00 in Year 1 (2019/2020); $155.00 in Year 2 (2020/2021); and $162.00 in Year 3 (2021/2022), subject to current opt-out clauses; andBE IT FURTHER RESOLVED THAT the Council for the City of Fredericton hereby authorizes and approves the Service Agreement between The City of Fredericton and HotSpot Parking Inc. and the Graduate Student Association of the University of New Brunswick Inc. for a three (3) year term beginning September 1, 2019 and ending August 31, 2022, with no provision extensions, whereby the City shall pay HotSpot at a rate of one dollar ($1.00) per student, per month for the provision of a digital student bus pass ; andBE IT FURTHER RESOLVED THAT the Council of the City of Fredericton authorizes the Mayor and City Clerk to execute the Universal Bus Pass Agreement and the Service Agreement on behalf of the municipality and such further legal documents as required to facilitate the resolution. Prepared by: Meredith Gilbert, Transit and Parking Services Manager Approved by: Dylan Gamble, Director of Engineering & Operations /Attachments:

1. Agreement between the City of Fredericton and the Graduate Student Association of the

University of New Brunswick Inc. for the three (3) year term September 1, 2019 –

August 31, 2022

2. Agreement between the City of Fredericton, the Graduate Student Association of the

University of New Brunswick Inc., and HotSpot Parking Inc. for the provision of the

digital student bus pass for the three (3) year term September 1, 2019 – August 31, 2022

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AGREEMENT BETWEEN

THE CITY OF FREDERICTON

AND

GRADUATE STUDENT ASSOCIATION OF THE UNIVERSITY OF NEW BRUNSWICK INC.

Regarding a universal bus pass program for the full time and part time students of the University of New Brunswick

September 1, 2019 to August 31, 2022

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This Agreement made in triplicate this _____ day of August, 2019. BETWEEN: THE CITY OF FREDERICTON, a municipal

corporation by and virtue of the Local Governance Act having its head office at 397 Queen Street, City of Fredericton and Province of New Brunswick ("City");

-AND-

GRADUATE STUDENT ASSOCIATION OF THE UNIVERSITY OF NEW BRUNSWICK INC., a duly incorporated company by virtue of the Business Corporations Act of New Brunswick ("Graduate Student Association"). (hereinafter referred to individually as a “Party” or collectively as the “Parties”)

WHEREAS the Graduate Student Association originally requested in 2009 that the City provide enhanced transportation services to meet the transportation needs of their students, which included additional runs, extended hours or new routes to and from the University of New Brunswick Fredericton campus at a preferential price; AND WHEREAS the Parties agreed and implemented a program called the Universal Bus Pass Program ("UBPP"); AND WHEREAS the Parties agreed that the UBPP had been successful and had continued the UBPP specifically for full-time graduate students; AND WHEREAS the Parties agreed in 2018 to continue the UBPP for full-time graduate students and opt-in part-time graduate students enrolled with the University of New Brunswick (“University”); AND WHEREAS the Parties are desirous of entering into a new three (3) year agreement which includes full-time and opt-in part-time graduate students; AND WHEREAS the UBPP shall be valid for unlimited transportation on the regular fixed route transit and Para Transit systems of the City for both full-time and opt-in part-time graduate students enrolled with the University and being members of the Graduate Student Association of the University of New Brunswick; AND WHEREAS Hotspot Parking Inc. (“HotSpot”) has developed a digital solution, in the form of an App, to be used as valid digital transit passes (“Digital UPass”);

AND WHEREAS the City and the Graduate Student Association recognize the Digital UPass as a valid bus pass under the UBPP; AND WHEREAS the City operates a public transit system in the City of Fredericton and has agreed to provide such services, subject to the terms and conditions contained in this

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Agreement; NOW THEREFORE in exchange of the mutual covenants herein and other good and valuable consideration, the Parties hereby agree to as follows:

1. Definitions

“Effective date” means September 1, 2019. “Number of Students” means the total of the enrolment of full-time students as of November 1 of the Agreement year, who have not opted-out of the UBPP pursuant to Article 4.8 herein, as well as the number of part-time graduate students who have opted-in the UBPP. “Students” include all full-time and those opt-in part-time graduate students who are enrolled with the University and being members of the Graduate Student Association of the University of New Brunswick.

2. Term 2.1 This Agreement shall be effective for a period of three (3) years from the Effective

Date until August 31, 2020 (“Year 1”) and September 1, 2020 until August 31, 2021 (“Year 2”) and September 1, 2021 until August 31, 2022 (“Year 3”).

3. Services to be Provided by the City 3.1 The City shall provide transportation services for the respective school year of this

Agreement to Students who have not opted out of the Digital UPass or the paper-based transit pass (“UPass”) pursuant to Article 4.8 herein.

4. Terms and Conditions Applicable to the Graduate Student Association 4.1 For Year 1, the Graduate Student Association shall pay the City One Hundred and

Forty-Eight Dollars ($148.00) for the Number of Students. The total cost will be remitted to the City by the Graduate Student Association by cheque on or before November 30, 2019.

4.2 For Year 2, the Graduate Student Association shall pay the City One Hundred and Fifty-Five Dollars ($155.00) for the Number of Students. The total cost will be remitted to the City by the University by cheque on or before November 30, 2020.

4.3 For Year 3, the Graduate Student Association shall pay the City One Hundred and

Sixty-Two Dollars ($162.00) for the Number of Students. The total cost will be remitted to the City by the University by cheque on or before November 30, 2020.

4.4 The Graduate Student Association understands and agrees that the fees identified

above shall be paid by Students as part of their university fees and said fees shall be collected by the University on behalf of the Graduate Student Association.

4.5 No refund shall be supplied for Students opting out of the UPass after October 1 of the

Agreement year.

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4.6 The Graduate Student Association shall communicate with the Students advising that refunds will not be issued for the Digital UPass once the HotSpot registration process has been completed by individual students.

4.7 For Students enrolling after January 1, the Graduate Student Association shall

submit a fee of Seventy-Four dollars ($74.00) for year 1, Seventy-Eight dollars ($78.00) for year 2 and Eighty-One dollars ($81.00) for year 3 for Students based on the additional enrolments in January, representing half of an academic year. These fees shall be paid by Students as part of their university fees and shall be collected by the University on behalf of the Graduate Student Association. Student enrolment numbers of these Students will be the enrolment as of May 1 of the Agreement year. The total cost will be remitted to the City by the University by cheque on or before May 31of the Agreement year. No refunds shall be permitted.

4.8 The UBPP is by nature cooperative and it is recognized that all Students represented

by the Graduate Students Association are required to participate in the program, with the following exclusions:

4.8.1 Students primarily associated with the Saint John Campus of the University, with respect to location of course work or location supervisor; or

4.8.2 Students living outside the geographical limits of the City of Fredericton.

Applications for exclusion must be made in writing to the Graduate Student Association prior to October 1 of the Agreement year. Prior to the validity review process, the Graduate Student Association will ensure that the applications for exclusion contain all necessary information. Application will be reviewed by a committee comprised of the President of the Graduate Student Association and the City of Fredericton Transit Manager, or their respective designates. The validity of the exclusion applications will be based solely on the criteria set out in Sections 4.8.1 and 4.8.2 above. The results of the review process shall be communicated and reported to the University on or before November 1 of the Agreement year.

4.9 The Graduate Student Association shall provide the City with the number of Students

who cannot or choose not to use smartphones for the purposes of obtaining a Digital UPass, therefore requiring a paper-based student bus passes (UPass), no later than seven (7) days prior to the ensuing month to allow sufficient time for the City to deliver said UPasses.

4.10 The Graduate Student Association represents and warrants that:

(a) it is a corporation duly incorporated and validly subsisting in all respects under the laws of the Province of New Brunswick and;

(b) it has the corporate power and authority to enter into this Agreement and to perform all of the obligations contained under this Agreement.

4.11 By August 15th of the respective academic year, the Graduate Student Association

shall provide HotSpot with a preliminary list of student identification numbers for the respective academic year. Furthermore, the Graduate Student Association shall inform the City of the projected numbers of the said list.

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4.12 The Graduate Student Association shall provide validated student identification

numbers on a bi-weekly basis to HotSpot beginning on August 15, 2019 or as otherwise requested by the City.

4.13 The Graduate Student Association acknowledges and agrees to disseminate

information to its registered students outlining how to obtain the annual Digital UPass using HotSpot.

4.14 The Graduate Student Association shall inform students that any student caught

transferring their UPass or Digital UPass to another individual may lose their UPass

privileges for up to one (1) year.

5. Terms and Conditions Applicable to the City 5.1 Transportation services shall be provided by the City, Monday to Saturday

inclusive, excluding statutory holidays, during regular scheduled transit operating hours.

5.2 In circumstances described under article 4.9 herein, the City shall provide UPasses to

the Graduate Student Association before the first day of each month.

5.3 All costs and liability associated to staff working on behalf of the City will be the sole responsibility of the City.

5.4 The $1.00 per student, per month fee for Digital UPass service provided by HotSpot

shall be the sole responsibility of the City. 5.5 In the event of any misconduct by any Student(s) (“Incident”), the transit driver, as

agent for the City may ask the Student(s) to disembark from the transit bus, in addition, the City reserves the right to call upon the services of the police if required and the City reserves the exclusive right to suspend or terminate the Student’s bus pass privileges for a period of up to one year.

5.6 If requested, the City shall provide a written report of the Incident to the Graduate

Student Association and /or the University.

5.7 In the event of winter storms, blizzards or similar situations, the City shall follow its normal procedures for terminating its transportation service and there shall be no compensation or other action paid by the City to either of the other Parties or to any student for such cancellation.

6. Transportation Service

6.1 The Parties acknowledge and agree in providing transportation service for Student, the

City maintains exclusive control over the routes and any applicable service additions or extensions along its routes. The right to amend or change the designated loading and unloading points and time schedules is also reserved exclusively to the City. The City agrees that any changes will be carried out in consultation with the Graduate Student Association.

6.2 The Parties acknowledge and agree that the City shall exclusively determine the

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hours of operation of the transit system. 6.3 The Parties acknowledge and agree that the UBPP shall be valid on any future

extensions to routes to the regular transit system that fall within the current municipal boundaries during the term of this Agreement.

6.4 The Parties acknowledge and agree that in the event that the City extends transit

service beyond the municipal boundaries to areas of interest to UBPP participants, given that the Digital UPass or UPass would not be valid on such an extension, the Parties agree to enter into discussions which relate to participation in such extensions and the funding thereof.

6.5 The Parties acknowledge and agree that the University students are not entitled to

special treatment by the City and it is further acknowledged that the students will be treated in the same manner as any user of the service.

6.6 The Parties acknowledge and agree that Fredericton Transit Operators may ask for

Student ID’s issued by the UNBGSA to be shown in conjunction with a UPass or Digital UPass should situations arise where further validation is warranted.

6.7 The Parties acknowledge and agree that either Party may request a meeting to discuss

issues associated with the Digital UPass or UPass. The date, time and location of the meeting shall be scheduled by mutual agreement between the Parties.

7. Additional Terms and Conditions

7.1 Sections and Headings: The division of this Agreement into sections and the insertion of headings are for the convenience of reference and shall not affect the interpretation of this Agreement.

7.2 Entire Agreement: The Parties acknowledge and agree that this Agreement is the entire Agreement between the Parties. There are no other terms, obligations, covenants, representations, warranties, statements or conditions oral or otherwise (including statutory) of any kind whatsoever except as set out in writing in this Agreement.

7.3 Amendments: The Parties acknowledge and agree that if at any time during the

continuance of this Agreement the Parties shall deem it necessary or expedient to make any alterations or additions to this Agreement they may do so by means of a written Agreement between them which shall be supplemental to and form part of this Agreement.

7.4 Notice: The Parties acknowledge and agree that all notices required to be given

under this Agreement shall be well and sufficiently given if sent by registered mail, postage prepaid as follows:

To the City: The City of Fredericton

397 Queen Street Fredericton, New Brunswick E3B 1B5 Attention: Transit Manager

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To the Graduate Student Association: The Graduate Association of the

University of New Brunswick Inc. Alden Nowlan House, 676 Windsor Street

Fredericton, NB E3B 5A3 Attention: Vice President External, GSA

Administrative Assistant, GSA and shall be deemed to have been given and received upon the date of mailing thereof.

7.5 Applicable Law: The Parties acknowledge and agree that this Agreement shall be

governed by, construed and enforced in accordance with the laws of the Province of New Brunswick.

7.6 Successors and Assigns: The Parties acknowledge and agree that this Agreement

shall inure to the benefit of and be binding upon each of the Parties hereto, their successors and assigns. Neither Party shall assign any interest in this Agreement without the prior written approval of all other Parties.

7.7 Severability: The Parties acknowledge and agree that if any provision of this

Agreement is determined by a court of competent jurisdiction to be invalid, illegal or unenforceable in any respect, such determination shall not impair or affect the validity, legality or enforceability of the remaining provisions hereof, and each provision is hereby declared to be separate , severable and distinct.

7.8 Costs: The Parties acknowledge and agree that each party shall pay his own costs,

charges and expenses of and incidental to the preparation of this Agreement. 7.9 Force Majeure: The Parties acknowledge and agree in addition to Section 6.5, the

Parties hereto shall not be responsible for any failure or delay in the performance of any obligations hereunder caused by acts of God, flood, fire, war, public enemy, blockade, civil commotion, terrorism, epidemic, pandemic, stop-work order, lock-out, strike, injunction or other causes beyond their reasonable control.

7.10 Right to Information and Protection of Privacy Act: The Graduate Student Association

acknowledges and understands that the City is subject to the Right to Information and Protection of Privacy Act, SNB, 2009, c. R-10.6, as amended, and as such, disclosure and confidentiality obligations are governed thereunder.

7.11 Contra Proferentem Rule Not Applicable: The Parties acknowledge and agree that

should any provision of this Agreement require judicial interpretation, mediation or arbitration, it is agreed that the court, mediator or arbitrator interpreting or construing the same shall not apply a presumption that the terms thereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be construed more strictly against the party who itself or through its agent prepared the same, it is agreed by the Parties, directly or through their agents, have participated in the preparation hereof.

7.12 Dispute Resolution: The Parties acknowledge and agree that if a dispute arises

concerning the application or interpretation of the Agreement, the Parties shall attempt to resolve the matter through good faith negotiations, more specifically, the dispute will

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be referred to their representatives set out above under 7.8 or their identified delegates, who will use their best efforts to resolve the matter amicably. If such negotiation fails, the Parties may, if necessary, and if the Parties consent in writing, resolve the matter through mediation or arbitration by a mutually acceptable mediator or arbitrator in accordance with the Arbitration Act, R.S.N.B. 2014, c. 100, of New Brunswick, as amended. It is further agreed by the Parties that the cost of such shall be borne equally by the Parties.

7.13 Independent Legal Counsel: The Parties acknowledge and agree that they have had

the opportunity to have this Agreement reviewed by their respective legal counsel or have had the opportunity to seek their own legal counsel with respect to this Agreement.

IN WITNESS WHEREOF the Parties hereto have caused the herein Agreement to be duly executed by duly authorized officers and have caused their corporate seals to be affixed on the date first hereinabove written.

Signed Sealed and Delivered ) ) ) ) THE CITY OF FREDERICTON

) )

) ) Michael G. O'Brien

) Mayor ) ) )

) Jennifer Lawson Murray ) City Clerk ) )

) )

) GRADUATE STUDENT ASSOCIATION OF THE ) UNIVERSITY OF NEW BRUNSWICK INC.

) )

) ) Brittany Dixon

) President ) ) ) ) ) Bipin Kumar ) VP Finance

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PROVINCE OF NEW BRUNSWICK COUNTY OF YORK

AFFIDAVIT OF CORPORATE EXECUTION

I, Jennifer Lawson Murray, of the City of Fredericton, in the County of York and Province of New Brunswick, MAKE OATH AND SAY AS FOLLOWS:

1. I am the City Clerk of the City of Fredericton, one of the parties named in the foregoing instrument and as such I have personal knowledge of the matters herein deposed to. 2. The seal affixed to the foregoing instrument purporting to be the seal of the City of Fredericton is the Corporate Seal of the City of Fredericton and was so affixed by order of the City Council. 3. The signature "Michael G. O'Brien "subscribed to the foregoing instrument is the signature of Michael G. O'Brien, the Mayor of the City of Fredericton, and the signature "Jennifer Lawson Murray" subscribed thereto is my signature. 4. The Mayor and City Clerk are the officers of the City of Fredericton duly authorized to execute the foregoing instrument. SWORN TO BEFORE ME at ) the City of Fredericton, in the ) County of York and Province of ) New Brunswick, this ___day of ) July, 2019. ) ) ) _______________________ ) ________________________ ) Jennifer Lawson Murray A Commissioner of Oaths ) Being a Solicitor

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I, Brittany Dixon, of the City of Fredericton, County of York and Province of New Brunswick, MAKE OATH AND SAY AS FOLLOWS: 1. That I am the President of the University of New Brunswick Graduate Student Association (the “Corporation”), a duly incorporated company under the laws of the Province of New Brunswick and as such have personal knowledge of the matters and things herein deposed to and have authority to make this affidavit on behalf of the Corporation. 2. That the President, Brittany Dixon, and the VP of Finance, B. Bipin Kumar, of the Corporation are the authorized signing officers to execute the annexed instrument (the "Instrument") in the name and on behalf of the Corporation. 3. That the signature of “B. Bipin Kumar” subscribed to the foregoing Instrument is the signature of B. Bipin Kumar, and the signature of "Brittany Dixon" subscribed thereto is my signature. 4. That the seal affixed to the foregoing instrument is the corporate seal of the Corporation and was so affixed by order of the Board of Directors of the Corporation for the purposes of execution of the Instrument. 5. That the Instrument was so executed by the Corporation on the ___ day of July, 2019, as and for its act and deed for the uses and purposes therein expressed and contained. SWORN TO BEFORE ME at ) the City of Fredericton, in the ) County of York and Province of ) New Brunswick, this ___ day of ) July, 2019. ) ) ) _______________________ ) ________________________ ) Brittany Dixon A Commissioner of Oaths )

)

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Service Agreement

THIS SERVICE AGREEMENT made as of and from September 1, 2019. BETWEEN: THE CITY OF FREDERICTON, a municipal

corporation by virtue of the Local Governance Act, having its head office at 397 Queen Street, Fredericton, New Brunswick (hereinafter called the "City"); -and- HOTSPOT PARKING INC., a body corporate pursuant to the Business Corporations Act, having its registered office at 390 King Street, Fredericton, New Brunswick (hereinafter called the "HotSpot"); -and- GRADUATE STUDENT ASSOCIATION OF THE UNIVERSITY OF NEW BRUNSWICK INC. a duly incorporated company by virtue of the Business Corporations Act of New Brunswick (hereinafter called the “UNBGSA”) hereinafter collectively referred to as “the Parties” and individually as a “Party”)

WHEREAS the City has entered into agreements with UNBGSA regarding the provision of unlimited use of Fredericton Transit for students during regular business hours, known as the Universal Bus Pass Program (“UBPP”);

AND WHEREAS historically, student identification cards required a manual application of Fredericton Transit validation stickers on an annual basis, which made for a challenging and time consuming process; AND WHEREAS the University of New Brunswick (“UNB”) is in the process of introducing a new technology for student identification via a tap-based identification system in the 2019-2020 academic year, AND WHEREAS HotSpot is able to provide an alternate solution for validating student identification in association with the UPass (“Digital UPass”); AND WHEREAS the City and UNBGSA recognize and accept the Digital UPass as a valid bus pass under the UBPP;

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IT IS HEREBY ACKNOWLEDGED that in exchange for the mutual covenants herein and other good and valuable consideration, the Parties agree to the following: 1. DEFINITIONS

“Students” mean people enrolled in full-time post secondary education at the University of New Brunswick, who have not opted out of the UBPP as per section 4.8 of the UBPP Agreement between the City and the UNBGSA and people enrolled in part-time post secondary education at the University of New Brunswick who have opted-in to the UBPP.

2. TERM

2.1 This Agreement shall be for a term of three (3) years, commencing on

September 1, 2019 and expiring on August 31, 2022 (the “Term”). 3. TERMINATION

3.1 This Agreement may be terminated by any Party with or without cause upon

sixty (60) days prior written notice to the other Parties. 4. SERVICES

4.1 HotSpot shall make the Digital UPass available to all Students enrolled in the

UBPP and who are attending the University of New Brunswick. 4.2 The City shall provide transportation services to Students who have valid

paper based student transit passes (UPass) or the Digital UPass. 5. CITY OBLIGATIONS 5.1 The City acknowledges and agrees to provide transit service in accordance

with the UBPP Agreement between the City and the UNBGSA. 5.2 The City acknowledges and accepts to provide UPasses as per Section 5.2 of

the UBPP Agreement between the City and the UNBGSA. 6. HOTSPOT OBLIGATIONS 6.1 HotSpot acknowledges and agrees that it will prepare bilingual communication

materials outlining how registered students can obtain their Digital UPass using HotSpot.

6.2 HotSpot acknowledges and agrees that the communication material will be

provided to the City and UNBSGA for review, with final materials to be provided to UNBGSA no later than July 1, 2019.

6.3 HotSpot acknowledges and agrees to provide, at its sole cost, a minimum of

one (1) staff person to provide on-boarding technical support for a minimum of six (6) hours during the UNBGSA fall orientation session and for a minimum of three (3) hours during the winter orientation session.

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6.4 HotSpot acknowledges and agrees to provide, at its sole cost, 24/7 technical

customer support for matters relating to the use of the Digital UPass and will resolve any concerns or address questions in a prompt manner.

6.5 HotSpot acknowledges and agrees to provide the City with a web-based self-

serve dashboard customized with fields mutually agreed to between HotSpot and the City.

6.6 HotSpot acknowledges and agrees to provide real-time push notifications to

digital UPass customers as requested by the City, through Fredericton Transit, for the purpose of notifying users of transit service impacts related to matters such as weather and road conditions.

6.7 HotSpot acknowledges and agrees to provide a dashboard and/or a

spreadsheet to the UNBGSA, upon request, indicating which students (per student ID Number) have registered to use the Digital UPass.

6.8 HotSpot acknowledges and agrees to manage and monitor the Digital UPass

in manner to ensure that the UPass applies only to the individually enrolled Student so as to avoid duplication and/or fraud, through device ID and text confirmation.

6.9 HotSpot acknowledges and agrees to provide a prompt during the Digital

UPass registration process within its terms and conditions that will serve to inform students that there will be no refunds once the registration is complete.

6.10 HotSpot acknowledges and agrees to change the background on the Digital

Upass on an annual basis to a background that is satisfactory to the City. 6.11 HotSpot acknowledges and agrees to ensure the Digital UPass includes

features that enable real-time validation by the City, through Fredericton Transit, which will serve to mitigate potential fare evasion or UPass duplication.

6.12 HotSpot acknowledges and agrees to provide, at its sole cost, training to all

City Transit employees on the use of the UPass, as needed and requested by the City.

6.13 HotSpot acknowledges and agrees to complete any system upgrades or

updates outside of regular Fredericton Transit service hours in an effort not to impact function or use of Digital UPasses.

6.14 HotSpot acknowledges and agrees to ensure the Digital UPass is designed in

such a manner so as to not require real-time internet or data connectivity with the exception of during annual Digital UPass registration for which wifi can be utilized by Students without such data connectivity.

6.15 HotSpot acknowledges and agrees to be responsible for all administrative

training required for reconciling accounts and exporting data.

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6.16 HotSpot acknowledges and agrees to maintain a program to identify and resolve any vulnerabilities identified by its security assessor or other relevant person and to notify and disclose any information the City may require to secure its own systems with respect to the same.

6.17 HotSpot acknowledges and agrees to implement and maintain a program to

protect against any reasonably anticipated threats or hazards to the security or integrity of customer data or unauthorized access to or use of customer data; and ensure the proper disposal of customer data, as applicable.

6.18 HotSpot acknowledges and agrees to back up all data every twelve (12) hours

and hold for thirty (30) days to protect the Parties of any loss or corruption of said data.

6.19 HotSpot acknowledges and agrees that any and all information obtained from

Students registering to use the Digital UPass pursuant to this Agreement will, at no time or in any manner, be sold or shared with third parties.

6.20 HotSpot acknowledges and agrees that students will be provided with the

option to opt out of all communications that may be available from HotSpot including but not limited to monthly service updates, receipts, and City or Fredericton Transit service alerts.

7. UNBSGA OBLIGATIONS 7.1 UNBGSA acknowledges and agrees to provide HotSpot with validated student

identification numbers on a bi-weekly basis, or at such frequency as requested by HotSpot.

7.2 UNBGSA acknowledges and agrees to disseminate information to registered

Students outlining how to obtain the annual Digital UPass using HotSpot. 7.3 UNBGSA acknowledges and agrees to provide the City with the number of

Students who cannot or choose not to use smartphones for the purposes of obtaining a Digital UPass no later than seven (7) days prior to the ensuing month.

7.4 UNBGSA acknowledges and agrees to communicate with Students that

refunds will not be issued for the Digital UPass once the HotSpot registration process for same is completed.

7.5 UNBGSA acknowledges and agrees to disseminate information about the

Digital UPass as per Sections 6.1 and 6.2 of this Agreement. 8. FEES

8.1 During the Term hereof, HotSpot shall charge the City $1.00 per month, per

Student registered for the Digital Upass, as per the UBPP Agreement between the City and UNBGSA.

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9. PAYMENTS 9.1 During the Term hereof, HotSpot shall issue monthly invoices within five (5)

days of the end of the preceding month, for the charges to the City. Invoices

shall be sent electronically to [email protected]. If invoices cannot be sent electronically, they shall be mailed to the attention of Accounts Payable; The City of Fredericton, 397 Queen Street, Fredericton, N.B. E3B 1B5. In addition to the GST/HST Registration Number, the Supplier is required to provide the amount of GST/HST separately on all invoices.

9.2 The City shall pay the fee amounts to HotSpot within the period of thirty (30)

days following the issue of an invoice.

9.3 As the City does not pay by cheque and payment is done via Electronic Funds

Transfer (EFT), HotSpot is required to provide its banking information to the City.

10. SOFTWARE 10.1 HotSpot shall license all software, including all web and mobile applications

and related documentation (“Software”) necessary for the City to operate a transit fare management service for Digital UPass which allows UNBGSA to use the HotSpot app as a proof of fare payment in any and all transit services owned or managed by the City through a web-based service.

10.2 HotSpot shall ensure that the Software integrates correctly with UNBGSA’s

existing enrolment system, in that the Software will transmit and process data using the API including student identification numbers and current enrolment in line with the integration schedule set by UNB’s IT department.

10.3 The Parties agree that prior to any disclosure of any information regarding the

use of the Software, the disclosing Party must obtain written permission from the non-disclosing Parties, which shall not unreasonably be withheld.

10.4 Notwithstanding Section 10.3 herein, the Parties agree that the City has the

right and ability to report on usage rates and any analyses based thereupon without first obtaining permission, written or otherwise.

11. INTELLECTUAL PROPERTY RIGHTS

11.1 The City and UNBGSA acquire a revocable, non-exclusive, non-assignable,

non-transferable and non-subleaseable right and license to use and access the Software for their internal business purposes. All intellectual property rights associated with the HotSpot brand and the Software including, without limitation, trade names, source code, trademarks, copyrights, patents, and trade secrets, not explicitly granted to the City or UNBGSA in this Agreement are reserved for HotSpot. All intellectual property rights associated with the City’s or UNBGSA’s brands and any City or UNBGSA data submitted to HotSpot or City or UNBGSA owned or licensed software or other intellectual property are reserved to the City or UNBGSA (or their licensors) respectively as the case may be (collectively “Provider IP”).

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11.2 The Parties will not directly, indirectly, alone or with another party, as it relates

to the other party’s Software or Provider IP, as the case may be (i) copy, disassemble, reverse engineer, or decompile the Software, or the Provider IP or any subpart thereof; (ii) modify, create derivative works base upon, or that translate the Software or Provider IP or source code; (iii) transfer or otherwise grant any rights in the Software of the Provider IP or source code in any form to any other party; and (iv) attempt to do any of the foregoing or cause or permit any third party to do or attempt to do any of the foregoing, except as expressly permitted hereunder.

12. WARRANTIES AND INDEMNIFICATIONS 12.1 HotSpot warrants to the Parties that:

(a) it will comply with all applicable legal and regulatory requirements

applying to the exercise of HotSpot’s rights and the fulfilment of its obligations under this Agreement.

(b) the Software will perform in accordance with the specification and as

otherwise described herein.

(c) the Professional Services performed under this Agreement shall be performed in a professional and competent manner.

12.2 The Parties warrant to each other that they have the legal right and authority to enter into this Agreement and to perform their obligations under this Agreement.

12.3 All of the Parties' warranties and representations in respect of the subject

matter of this Agreement are expressly set out in this Agreement. To the maximum extent permitted by applicable law, no other warranties or representations concerning the subject matter of this Agreement will be implied into this Agreement or any related contract.

12.4 HotSpot shall, at its expense, indemnify, defend and hold the Parties harmless

from and against any claim that the Software or services infringe an intellectual property right provided, however, that:

(a) the Parties promptly notify HotSpot of any such claim, and

(b) permit HotSpot to defend with counsel of its own choice, and

(c) the Parties give HotSpot such information and/or assistance in the defense thereof as HotSpot may reasonably request.

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12.5 If the Software or services outlined in this Agreement are adjudged to infringe an intellectual property right by a court of competent jurisdiction, HotSpot shall, at its expense and election either:

(a) procure the right for the Customer to continue using the infringing items,

(b) replace the infringing items with a functionally equivalent non-infringing product, or

(c) modify the infringing items so that they are non-infringing.

12.6 Each Party shall indemnify, defend and hold harmless the other Party, its agents, employees, affiliates, successors and assigns from any claims, demands, debts, suits, causes of action, losses, damages, fines, penalties, liabilities, costs and expenses, including attorney’s fees, disbursements, court costs whatsoever of every name and nature, both in law and in equity, to any person or property (i) arising from or claimed to have arisen from the omission, fault, wilful act, negligence, or other misconduct of the indemnifying party’s employees, servants, agents, subcontractors or licensees, or (ii) resulting from the violation by the indemnifying party of the terms of this Agreement.

12.7 HotSpot shall indemnify and save the Parties harmless from any and all

liabilities of whatever kind relating to any unauthorized disclosure of other breach of confidentiality or privacy with respect to any customer, end user data or any Provider IP.

12.8 Each Party agrees that the obligations assumed herein shall survive the

expiration of this Agreement. 13. INSURANCE 13.1 HotSpot shall obtain and maintain in force during the Term of this

Agreement:

(a) a general liability insurance policy, to include contingent employer’s liability and contractual liability, insuring HotSpot’s obligations and responsibilities with respect to performance of Services as set out in this Agreement in an amount of no less than Two Million dollars ($2,000,000.00) CAD per occurrence;

(b) an errors and omissions liability insurance policy of no less Two Million

dollars ($2,000,000.00) CAD in the aggregate. Such coverage shall include, but not be limited to (i) privacy breach and violation as a result of unauthorized access to or wrongful disclosure or dissemination of personal information, failure to properly handle, manage, store, destroy or control personal information and include failure to comply with privacy laws and their regulations regarding the collection, access,

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transmission, use, and accuracy. Such coverage will extend to include the costs associated with notification of affected parties, regardless if required by statute as well as any fines or penalties or cost imposed as a result of the breach including defence of any regulatory action involving a breach; (ii) network security to protect against incidents arising from system failures; (iii) privacy breach expenses; (iv) coverage for damages resulting from dishonest or criminal acts committed by Provider’s employees or Affiliates.

(c) a cyber liability policy of no less than Two Million dollars ($2,000,000.00) CAD in the aggregate.

13.2 All policies of insurance shall name the “City of Fredericton” and the “Graduate Student Association of the University of New Brunswick Inc.” as an additional insured, and any other party required by the City as an additional insured, and contain a provision stating that each policy will not be cancelled or permitted to lapse unless the insurer notifies the City in writing at least thirty (30) days prior to the date of cancellation or lapse.

13.3 The insurance policies shall be written with an insurer properly licensed to

do business in New Brunswick. Any deductible shall be borne by HotSpot. HotSpot shall deliver to the City certificates of insurance required under this Agreement within fifteen (15) days of annual renewal.

14. LIMITATIONS AND EXCLUSIONS OF LIABILITY 14.1 HotSpot shall not be liable to the Parties in respect of any loss or corruption of

any data, database or Software due to City, UNBSGA or their clients use of the Digital UPass.

14.2 Neither Party shall be liable to the other Party in respect of any special,

indirect or consequential loss or damage. 14.3 No Party shall incur any liability to the other party on account of any loss or

damage resulting from any delay or failure to perform all or any part of this Agreement, where such delay or failure is caused, in whole or in part, by a Force Majeure event. If a Party asserts a Force Majeure event for failure to perform the Party’s obligations, then the asserting party shall notify the other Parties of the event and take reasonable steps to minimize the delay or damages caused by the Force Majeure event.

14.4 No action arising out of any claimed breach of this Agreement may be brought

by either party more than one (1) year after the cause of action has accrued. Each party shall be liable for breaches of its affiliates and contractors under this Agreement.

14.5 All UPass users will need to independently create accounts and agree to the

HotSpot Terms of Service and Privacy Policy independent of this agreement. The relationship between HotSpot and its users will be governed under those agreements available here:

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Terms of Service: https://htsp.ca/hotspot-terms-service/

Privacy Policy: https://htsp.ca/privacy/

15. FORCE MAJEURE EVENT

15.1 Parties shall not be liable for any delay or failure to perform their obligations

hereunder due to causes beyond their reasonable control, including but not limited to natural disaster, flood, fire, pandemic, casualty, act of God, public enemy, war, riot, terrorism, or governmental act, strike, labour dispute, stop-work order or injunction; provided, however, that such Party will not have contributed in any way to such event, and has notified the other Parties without undue delay. If the delay or failure continues beyond ten (10) calendar days, any Party may terminate this Agreement, except that the City will be obligated to pay HotSpot for the Services provided under this Agreement prior to the effective date of such termination.

16. NOTICES 16.1 Any notice to be given pursuant to this Agreement shall be in writing and may

be delivered by registered mail, email or delivered personally to the Parties hereto as follows:

To HotSpot: To the City: HotSpot Parking Inc. The City of Fredericton 390 King Street, Suite 302 397 Queen Street Fredericton, NB E3B 1E5 Fredericton, NB E3B 1B5 Attention: Phillip Curley, CEO Attention: Meredith Gilbert, Manager of Transit and Parking By email: [email protected] By email: [email protected]

To UNBGSA: Graduate Student Association of the University of New Brunswick Inc. Alden Nowlan House 676 Windsor Street

Fredericton, NB E3A 5A3 Attention: Vice President External, GSA Administrative Assistant, GSA

By email: [email protected] ;[email protected]

or delivered to such other person or faxed or e-mailed or sent by registered mail to such other address as either Party may designate for itself by notice given in accordance with this Section.

16.2 Any such notice shall be deemed to have been given and received on the day

on which it was delivered or transmitted or if such day is not a business day, on the next following business day.

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https://htsp.ca/hotspot-terms-service/

https://htsp.ca/privacy/



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17. PRIVACY AND CONFIDENTIALITY 17.1 HotSpot represents, and the Parties rely on such, that it has an information

security policy that complies with applicable laws, including without limitation,

all privacy legislation and all of the City’s obligation and policies with respect to

same.

17.2 Parties agree to treat all information (including client and or end user data)

provided, or to be provided, by any Party, information analyses, summaries

and other work product derived from such information (“Information”) in

accordance with the provisions of this section. The Information will be used

solely in connection with this Agreement.

17.3 Parties shall agree to comply with all applicable privacy and data protection

statutes, rules, or regulations including but not limited to the Right to

Information and Protection of Privacy Act (New Brunswick) governing the

respective activities of the Parties. The City and UNBGSA hereby consent to

the use, processing and/or disclosure of the City’s and/or UNBGSA’s data only

for the purposes described herein and to the extent such use or processing is

necessary for HotSpot to carry out its duties and responsibilities under this

Agreement or as required by law.

18. DATA OWNERSHIP 18.1 HotSpot acquires an unlimited license, irrevocable by the City, UNBGSA or

their clients to store, display, transmit, and use all data provided by registered Students and all data stored, created, or transmitted by HotSpot as a result of any end user’s use of any component of the Software, which license shall be strictly and solely for the limited purpose of delivering the Services to the City and UNBGSA in accordance with HotSpot’s Privacy Policies available at https://htsp.ca/privacy/ .

19. ADDITIONAL TERMS AND CONDITIONS 19.1 Sections and Headings

The division of this Agreement into sections and the insertion of headings are for convenience of reference only and shall not affect the interpretation of this Agreement.

19.2 Entire Agreement

This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior agreements, understandings, negotiations and discussions, whether written or oral. There are no conditions, covenants, agreements, representations, warranties or other provisions, express or implied, collateral, statutory or otherwise, relating to the subject matter hereof except as herein provided.

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19.3 Amendments

If at any time during the continuance of this Agreement the Parties shall deem it necessary or expedient to make any alterations or additions to this Agreement they may do so by means of an executed written Agreement between them which shall be supplemental to and form part of this Agreement.

19.4 Independent Contractor

HotSpot is an independent contractor and not an agent or employee of the City or UNBGSA. No agency, partnership, franchise, joint venture, or employment relationship exists between HotSpot or the Parties. HotSpot shall be fully and solely responsible for the supervision, control, performance, compensation, benefits (including without limitation, all forms of insurance) withholdings, health and safety of all of its employees and agents. Neither the City or UNBGSA shall be responsible or liable for any withholding of taxes or contributions to the provincial worker’s compensation, unemployment or other funds or programs.

19.5 Applicable Law

The Parties acknowledge and agree that this Agreement shall be governed by, construed and enforced in accordance with the laws of the Province of New Brunswick. The courts of the Province of New Brunswick shall have exclusive jurisdiction to adjudicate any dispute arising under or in connection with this Agreement.

19.6 Severability

If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal or unenforceable in any respect, such determination shall not impair or affect the validity, legality or enforceability of the remaining provisions hereof, and each provision is hereby declared to be separate, severable and distinct.

19.7 Successors and Assigns

This Agreement shall enure to the benefit of and shall be enforceable by the Parties. Neither Party may assign any of its rights or obligations hereunder.

19.8 Costs

It is acknowledged that each Party shall pay his own costs, charges and expenses of and incidental to the preparation of this Agreement.

19.9 Independent Legal Counsel

The Parties acknowledge and agree that they have had the opportunity to have this Agreement reviewed by their respective legal counsel or have had the opportunity to seek their own legal counsel with respect to this Agreement.

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19.10 Waiver

No breach of any provision of this Agreement shall be waived except with the express written consent of the Party not in breach.

19.11 Right to Information

The Parties acknowledge that the City is subject to the Right to Information and Protection of Privacy Act (S.N.B. 2009, c. R-10.6), and as such, disclosure and confidentiality obligations are governed thereunder.

19.12 Dispute Resolution If the Parties should have a dispute with respect to this Agreement, they shall first attempt to resolve such dispute between themselves, more specifically, the dispute shall be referred to their representative set out under Article 16 or their identified delegates who will use their best efforts to resolve the matter amicably. If the Parties are unable to resolve the dispute in this matter within a reasonable time, then any dispute between the Parties hereto as to any matter arising under this Agreement shall be referred to a single arbitrator to be jointly appointed by the Parties or selected by a Judge of the Court of Queen’s Bench of New Brunswick on application of the Parties. Such arbitration shall be conducted pursuant to the Arbitration Act, RSNB 2014, c. 100, as amended. The decision of the arbitrator shall be final and binding. Arbitration shall be held in the City of Fredericton, New Brunswick with the costs shared equally between the Parties

19.13 Schedules Any schedule attached hereto forms part of this Agreement. 19.14 Contra Proferentum Rule Not Applicable

Should any provision of this Agreement require judicial interpretation, mediation or arbitration, it is agreed that the court, mediator or arbitrator interpreting of construing same shall not apply a presumption that the terms thereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be construed more strictly against the party who itself or through its agent prepared the same, it is agreed that both Parties, directly or through their agents, have participated in the preparation hereof.

THE REMAINDER OF THIS PAGE

LEFT INTENTIONALLY BLANK

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IN WITNESS WHEREOF the Parties have by their authorized representatives executed this Agreement on the day and year first above written. Signed, Sealed and Delivered )

) HOTSPOT PARKING INC. ) )

) ) Phillip Curley ) Chief Executive Officer

)

) )

) THE CITY OF FREDERICTON ) ) ) ) Michael G. O’Brien ) Mayor

) ) )

) Jennifer Lawson Murray ) City Clerk

) ) ) ) GRADUATE STUDENT ASSOCIATION

) OF THE UNIVERSITY OF NEW ) BRUNSWICK INC.

) ) ) ______________________ ) Brittany Dixon ) President ) ) ) ______________________ ) Bipin Kumar ) VP Finance

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I, Jennifer Lawson Murray, of the City of Fredericton, in the County of York and Province of New Brunswick, MAKE OATH AND SAY AS FOLLOWS: 1. I am the City Clerk of the City of Fredericton, one of the parties named in the foregoing instrument and as such I have personal knowledge of the matters herein deposed to. 2. The seal affixed to the foregoing instrument purporting to be the seal of the City of Fredericton is the Corporate Seal of the City of Fredericton and was so affixed by order of the City Council. 3. The signature "Michael G. O’Brien" subscribed to the foregoing instrument is the signature of Michael G. O’Brien, the Mayor of the City of Fredericton, and the signature "Jennifer Lawson Murray" subscribed thereto is my signature. 4. The Mayor and City Clerk are the officers of the City of Fredericton duly authorized to execute the foregoing instrument.

SWORN TO BEFORE ME at the ) City of Fredericton, in the County ) of York and Province of New ) Brunswick, this ___ day of ) June, 2019. ) ) ) ) __________________________ ) ) Jennifer Lawson Murray A Commissioner of Oaths ) Being a Solicitor )

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I, Phillip Curley, of the City of Fredericton, in the County of York and Province of New Brunswick, MAKE OATH AND SAY AS FOLLOWS: 1. I am the Chief Executive Officer of HotSpot Parking Inc., a duly incorporated company under the laws of the Province of New Brunswick, and as such have personal knowledge of the matters and things herein disposed to and have the authority to make this affidavit on behalf of the Corporation. 2. HotSpot Parking Inc. is one of the parties named in the foregoing instrument

and as such I have personal knowledge of the matters herein deposed to. 3. That the Corporation has no corporate seal. 4. The signature of "Phillip Curley" subscribed to the foregoing instrument is the signature of Phillip Curley, the President of HotSPot Parking Inc., and the signature "Phillip Curley" subscribed thereto is my signature. 5. The Chief Executive Officer is the officer of HotSpot Parking Inc. duly authorized to execute the foregoing instrument.

SWORN TO BEFORE ME at the ) City of Fredericton, in the County ) of York and Province of New ) Brunswick, this ___ day of ) _____________, 2019. ) ) ) ) __________________________ ) ) Phillip Curley A Commissioner of Oaths ) Being a Solicitor )

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I, Brittany Dixon, of the City of Fredericton, County of York and Province

of New Brunswick, MAKE OATH AND SAY AS FOLLOWS:

1. That I am the President of the University of New Brunswick Graduate Student Association (the “Corporation”), a duly incorporated company under the laws of the Province of New Brunswick and as such have personal knowledge of the matters and things herein deposed to and have authority to make this affidavit on behalf of the Corporation.

2. That the President, Brittany Dixon, and the VP of Finance, Bipin Kumar, of the Corporation are the authorized signing officers to execute the annexed instrument (the "Instrument") in the name and on behalf of the Corporation.

3. That the signature of “Bipin Kumar” subscribed to the foregoing Instrument is the signature of "Bipin Kumar” and the signature of "Brittany Dixon" subscribed thereto is my signature.

4. That the seal affixed to the foregoing instrument is the corporate seal of the Corporation and was so affixed by order of the Board of Directors of the Corporation for the purposes of execution of the Instrument.

5. That the Instrument was so executed by the Corporation on the ___ day of____________, 2019, as and for its act and deed for the uses and purposes therein expressed and contained. SWORN TO BEFORE ME at ) the City of Fredericton, in the ) County of York and Province of ) New Brunswick, this ___ day of ) ______________, 2019. ) ) ) _______________________ ) ________________________ ) Brittany Dixon A Commissioner of Oaths )

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To: His Worship Mayor Mike O’Brien and Members of City Council From: Meredith Gilbert, Manager of Transit and Parking Services Date: August 07, 2019 Title: Universal Bus Pass Program and Digital UPass Agreements Description: []

OPEN OR CLOSED SESSION: This matter is for consideration in an open session of Council-in-Committee

ISSUE: On April 23, 2019, Transportation Committee directed staff to enter into negotiations between the City of Fredericton, St. Thomas University Administration, and the St. Thomas University Students’ Union to establish a new Universal Bus Pass Agreement. The variation in student identification (ID) cards among post-secondary institutions makes it challenging for Transit Operators to quickly and easily identify valid student ID cards. A digital, or Smartphone-based, student bus pass solution that would address these and other considerations was proposed to City Council during the April 23, 2019 Transportation Committee meeting. As a result of this discussion, the Transportation Committee directed staff to enter into negotiations for an agreement between the City of Fredericton, St. Thomas University Administration, the St. Thomas University Students’ Union, and HotSpot Parking Inc., for the provision of a digital student bus pass.

BACKGROUND: The undergraduate students of St. Thomas University have participated in a Universal Bus Pass Agreement with the City of Fredericton since 2004. This is a tri-party agreement with the St. Thomas University Students’ Union, the University Administration and the City of Fredericton. Since the inception of the UPass program with STU and the STU Students’ Union, student identification cards have required the manual application of Fredericton Transit validation stickers on an annual basis. This process is administratively time consuming, while the validation method lends itself to fare evasion. Therefore, staff have worked with HotSpot Parking Inc., STU and the STU Students’ Union to identify an alternate solution for validating student identification in association with the UPass

DISCUSSION: Previous UPass agreements with STU and the STU Students’ Union applied to all full-time students and part-time students desiring to opt-in, with no opt-out provision for full-time students. The yearly fee for the program is currently $115.00 per full-time or part-time opt-in student. As a new feature of the UPass program, staff are proposing an additional agreement between the City of Fredericton, STU, the STU Students’ Union, and HotSpot Parking Inc. for the delivery of a Digital UPass. HotSpot offers a digital bus pass service that can be utilized in a manner similar to the parking app. The


Council-in-Committee – open session – August 12, 2019

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Digital UPass will involve the syncing of STU enrolled student identification numbers with the HotSpot app to create a Smartphone-based UPass for individual students. The Digital UPass will be designed with key features that will enable Transit Operators to more quickly and reliably validate students currently enrolled in a UPass program as they board the bus. Key features will be changed on an annual basis to reflect updated student enrollments and associated UPass validation. In addition, students whose enrollment status changes can readily be added to or removed from the validation system. The Digital UPass will also enable students to utilize bus route planning and tracking functions within the same app. While the app must be downloaded for use of the Digital UPass, an internet connection is only required at the time of initial access which can be done via WiFi.

The Digital UPass is structured as an opt-in student bus pass service wherein STU will provide HotSpot with a list of valid student ID numbers. Students with valid student ID numbers will then be instructed on how to register for the Digital UPass by downloading the HotSpot app. The student then has the ability to agree to HotSpot terms and conditions associated with use of the app and register to use the app. Personal privacy is protected in several ways. First, at no time is the student name or contact information shared between the parties. Second, the student is given the choice of whether or not to opt into and register for the Digital Upass. Third, data shared between parties is based on uniquely assigned numbers that cannot be directly tied to individual students. Fourth, students who choose not to or are unable to use a Smartphone for this purpose will be provided with a paper-based student bus pass as an alternate option. Fifth all data is used in accordance with HotSpot's privacy policy strictly for customer service in accordance with terms of service agreed to by individual users of the HotSpot app.

Enhanced data collection is a key objective of the Transit Strategic Plan for facilitating improved service delivery with respect to frequency and route planning. A HotSpot Transit Dashboard made available to Fredericton Transit, STU and the STU Students’ Union will provide service usage data including ridership rates/boardings, time of day, length of trip, and routes taken. All data shared between HotSpot, Fredericton Transit, STU, and the STU Students’ Union will be anonymized through unique User ID's through HotSpot's system. This anonymous data will allow Fredericton Transit to identify trends to better improve services using only general ridership trends. It is noted that users again have the ability to opt-out of the collection of this data by turning off system functions within their phone and/or the app such as GPS tracking. The dashboard will also enable staff to send alerts to students regarding transit service disruptions such as weather-related service impacts.

Staff feel the digital student pass option presents a viable solution for addressing ongoing issues with student ID validation. Further, it is anticipated that rates of fare evasion would be reduced given the ability to regularly update student enrollment/validation status through the dashboard which cannot be done through the current sticker validation system. The data gathering component would be valuable for future service planning. STU and the STU Students’ Union have expressed a keen interest in working with Fredericton Transit and HotSpot to launch the Digital UPass. The proposed agreement for Digital UPass involves a fee of $1.00 per student/month that the City would pay to HotSpot for the provision of this service. However, it is noted the proposed two (2) year agreement between the City of Fredericton, STU and the STU Students’ Union will involve the following rate increases:

Year 1 (2019/2020): $12.00 increase to $127.00 per student/year Year 2 (2020/2021): $10.00 increase to $137.00 per student/year

This reflects an overall increase of $22.00, or 19%, over two years with annual rate increases of approximately 10% and 8%, respectively. Based on average student enrollments of approximately 1,840 students/year, it is estimated that these changes would increase revenues by approximately $40,480 annually, while the cost of the Digital UPass would be approximately $22,080 annually. Staff feel the cost is reasonable given that the majority of administrative work associated with the delivery of the UPass program would be managed by HotSpot therefore creating operational efficiencies within the Transit division.

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COUNCIL POLICY: Council authorization is required for the execution of an agreement by the Mayor and City Clerk on behalf of the City of Fredericton and this matter is being submitted to Council for approval in accordance with Policy No. COR-POL-033, Legislative Development and Interpretation as well as TRA-POL-002 Fixed Route Scheduled Transit.

FINANCIAL CONSIDERATION (Immediate Impact on Approved Budget): Average annual revenue during the past five years associated with STU/STU Students’ Union U-Pass agreement was approximately $222,798 while the preceding academic year involved a total revenue of $218,831. There is no significant change in full-time or part-time student enrollment anticipated for the 2019/2020 academic year. With respect to the launch of the Digital UPass, there are no immediate impacts on the current budget. Based on recent average enrollments (1,840 students), the cost per year is estimated at $22,080. Given the above-noted two-year rate increases included in the draft Agreement between the City, STU and the STU Students’ Union, the cost for providing the Digital UPass would be fully covered by the rate increases.

LEGAL CONSIDERATION: Staff from the Legal Division worked with staff from the Transit Division to prepare the draft agreements. The said drafts contain standard provisions for these types of documents. With respect to the Universal Bus Pass Agreement between The City of Fredericton and Students’ Union, the term of the proposed agreement is two (2) years beginning September 1, 2019 and ending August 31, 2021. There are no provisions for an extension. In cases where the student chooses not to use a cellphone for the Digital UPass, the City will provide the said student with a standard paper-based bus pass. Regarding the Universal Bus Pass Agreement with St. Thomas University, the term of the proposed agreement is for two (2) years beginning September 1, 2019 and ending August 31, 2021. There are no provisions for an extension. The University agrees to pay the City $127 per full-time and part-time student (who opts into the program) for the first year of the Agreement (September/19- August/20). The amount then increases to $137.00 for the second year of the Term (September/20- August/21). Concerning the Service Agreement between The City of Fredericton, HotSpot, St. Thomas University and the Students’ Union, the term of the proposed agreement is two (2) years beginning September 1, 2019 and ending August 31, 2021. There is no provision for an extension. Any party may terminate the agreement with or without cause upon 60 days notice to the other parties. The City shall pay HotSpot $1.00 per month, per Student registered for the Digital UPass. The draft Universal Bus Pass agreements and the Service Agreement are attached hereto for Council review and consideration.

SUSTAINABILITY DUE DILIGENCE: This section should identify and explain the issue’s impact on the economy, the environment and our community, as follows:

the economic impact: There are no long-term funding implications of this agreement that will not be covered by increased revenue associated with increases in the annual per student fee. The level of service is not expected to change significantly over the life of the contract.

the environmental impact: The use of public transit is an inherently “green” practice; programs such as the U-Pass that enroll large groups of captive users not only fill empty seats on existing capacity and

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create new revenue streams, they often increase demand in non-traditional times of the day. The U-Pass program also introduces transit as an alternative transportation for daily commuting among the student population of future workers.

the social impact: The funds associated with the two existing U-Pass programs subsidize service in the low-demand periods, making the system more usable for both students and riders from other demographics. The additional service fills some of the gaps in the off-peak times that present challenges for people that use transit as their sole mode of transportation.

COMMUNICATION PLAN: The Transit and Parking Services Division will work with the Communications Division to establish a communications strategy for informing the public of the proposed service improvement associated with the introduction of a phone-based transit fare payment/validation system. Communication to STU students regarding the change in service delivery will be developed and shared with students collaboratively by the City, STU, the STU Students’ Union, and HotSpot.

SPOKESPERSON: Meredith Gilbert, Manager, Transit and Parking Services OPTIONS: 1. City Council may choose to authorize and approve the Universal Bus Pass Agreement between

the City of Fredericton and Students’ Union of St. Thomas University, Inc. for a term of two (2) years, from September 1, 2019 to August 31, 2021, with no provisions for an extension; AND choose to authorize and approve the Universal Bus Pass Agreement between the City of Fredericton and St. Thomas University for a two (2) year term beginning September 1, 2019 and ending August 31, 2021, with no provisions for an extension, at annual per student rates of $127.00 in Year 1 (2019/2020) and $137.00 in Year 2 (2020/2021); AND choose to authorize and approve the Service Agreement between the City of Fredericton, HotSpot Parking Inc, St. Thomas University and the Students’ Union of St. Thomas University, Inc. for a two (2) year term for the provision of a digital student bus pass at a rate of $1.00 per student, per month.

2. City Council may choose to not authorize and approve the Universal Bus Pass Agreement between

the City of Fredericton and Students’ Union of St. Thomas University, Inc. for a term of two (2) years, from September 1, 2019 to August 31, 2021, with no provisions for an extension; AND choose to authorize and approve the Universal Bus Pass Agreement between the City of Fredericton and St. Thomas University for a two (2) year term beginning September 1, 2019 and ending August 31, 2021, with no provisions for an extension, at annual per student rates of $127.00 in Year 1 (2019/2020) and $137.00 in Year 2 (2020/2021); AND choose to authorize and approve the Service Agreement between the City of Fredericton, HotSpot Parking Inc, St. Thomas University and the Students’ Union of St. Thomas University, Inc. for a two (2) year term for the provision of a digital student bus pass at a rate of $1.00 per student, per month.

3. City Council may choose to give other direction to staff.

RECOMMENDATION: It is recommended that the following resolution be forwarded to City Council for consideration:BE IT RESOLVED that the Council of the City of Fredericton hereby authorizes and approves the Universal Bus Pass Agreement between The City of Fredericton and The Students’ Union of St. Thomas University, Inc. for a two (2) year term beginning September 1, 2019 and ending August 31, 2021, with no provision for extensions; andBE IT FURTHER RESOLVED THAT the Council for the City of Fredericton hereby authorizes and approves the Universal Bus Pass Agreement between the City of Fredericton and St.

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Thomas university for a two (2) year term beginning September 1, 2019 and ending August 31, 2021, with no provision for extensions, whereby St. Thomas University shall pay the City annual per student rates of $127.00 in Year 1 (2019/2020) and $137.00 in Year 2 (2020/2021); andBE IT FURTHER RESOLVED THAT the Council for the City of Fredericton hereby authorizes and approves the Service Agreement between The City of Fredericton and HotSpot Parking Inc. and St. Thomas University and The Students’ Union of St. Thomas University, Inc. for a two (2) year term beginning September 1, 2019 and ending August 31, 2021, with no provision extensions, whereby the City shall pay HotSpot Parking Inc. at a rate of one dollar ($1.00) per student, per month for the provision of a digital student bus pass ; andBE IT FURTHER RESOLVED THAT the Council of the City of Fredericton authorizes the Mayor and City Clerk to execute both Universal Bus Pass Agreements and the Service Agreement on behalf of the municipality and such further legal documents as required to facilitate the resolution. Prepared by: Meredith Gilbert, Manager of Transit and Parking Services Approved by: Dylan Gamble, Director of Engineering & Operations /Attachments:

1. Agreement between the City of Fredericton and the St. Thomas University Students’ Union

for the two (2) year term September 1, 2019 – August 31, 2021;

2. Agreement between the City of Fredericton and St. Thomas University for the two (2) year

term September 1, 2019 – August 31, 2021; and,

3. Agreement between the City of Fredericton, St. Thomas University, the St. Thomas

University Students’ Union, and HotSpot Parking Inc., for the provision of the digital

student bus pass for the two (2) year term September 1, 2019 – August 31, 2021.

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AGREEMENT BETWEEN


AND

ST. THOMAS UNIVERSITY

Regarding a universal bus pass program for the full time and part time students of St. Thomas University


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This Agreement made in duplicate this _____ day of August , 2019. BETWEEN: THE CITY OF FREDERICTON, a municipal corporation

by and virtue of the Local Governance Act having its head office at 397 Queen Street, City of Fredericton and Province of New Brunswick (hereinafter referred to as the "City");

-AND-

ST. THOMAS UNIVERSITY, a duly incorporated company under and by virtue of the Companies Act having its head office in the City of Fredericton and Province of New Brunswick (hereinafter referred to as the "University"). (hereinafter referred to collectively as the “Parties”)

WHEREAS the administration of the University and the Students’ Union of St. Thomas University, Inc. originally requested in 2004 that the City provide enhanced transportation services to meet the transportation needs of their students, which included additional runs, extended hours or new routes to and from the University campus at a preferential price; AND WHEREAS the Parties agreed and implemented a program called the Universal Bus Pass Program ("UBPP") since 2004; AND WHEREAS the Parties all agree that the UBPP has been successful and would like the past arrangement to continue; AND WHEREAS the City has entered into a new two (2) year Agreement for the UBPP with the Students’ Union of St. Thomas University, Inc. which includes full-time students as well as an opt-in option for part-time students; AND WHEREAS the Parties are desirous of entering into a new two (2) year Agreement for the UBPP, which will include full-time students as well as an opt-in option for part-time students; AND WHEREAS the UBPP shall continue to be valid for unlimited transportation on the regular fixed route transit and Para Transit systems of the City for full-time and those part-time students who individually opt-in to the UBPP who are enrolled with the University; AND WHEREAS Hotspot Parking Inc. (“HotSpot”) has developed a digital solution, in the form of an App, to be used as valid digital transit passes (“Digital UPass”); AND WHEREAS the City and the University recognize and accept the Digital UPass; AND WHEREAS the City operates a public transit system in the City of Fredericton and has agreed to provide such services, subject to the terms and conditions contained in this Agreement; NOW THEREFORE in exchange of the mutual covenants herein and other good and

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valuable consideration, the Parties hereby agree to as follows:

1. Definitions

1.1 “Effective Date” means September 1, 2019. “Full-time Student” means a person enrolled with the University taking nine (9) credits or more per semester. “Part-time Student” means a person enrolled with the University taking fewer than nine (9) credits per semester and who has opted-in the UBPP. “RTIPPA” means the Right to Information and Protection of Privacy Act (SNB, 2009, c. R-10.6, as amended).

2. Terms 2.1 This Agreement shall be effective for a period of two (2) years from the Effective

Date until August 31, 2020 (“Year 1”) and September 1, 2020 until August 31, 2021 (“Year 2”).

3. Services to be Provided by the City 3.1 The City shall provide transportation services for the respective years of this

Agreement to Full-time and Part-time Students with the Digital UPass or paper-based transit pass (“UPass”).

4. Terms and Conditions Applicable to the University 4.1 For Year 1, the University shall pay the City One Hundred and Twenty-Seven Dollars

($127.00) for every Full-time and for every Part-time Student. The total cost will be remitted to the City by the University by cheque on or before October 1, 2019.

4.2 For Year 2, the University shall pay the City One Hundred and Thirty-Seven Dollars ($137.00) for every Full-time and for every Part-time Student. The total cost will be remitted to the City by the University by cheque on or before October 1, 2020.

4.3 By August 25th, the University shall provide HotSpot with a preliminary list of Full-

time and Part-time Student identification numbers for the respective upcoming academic year. Furthermore, the University shall inform the City of the projected numbers of the said list for the respective upcoming academic year.

4.4 The University shall, by September 15th of the respective academic year, provide the City

with the number of Full-time students enrolled with the University and the number of Part-time students who have opted into the UBPP program for the respective academic year.

4.5 The University shall provide HotSpot with the Full-time and Part-time Student

identification numbers on or before August 25th and as otherwise requested by the City.

4.6 The University shall provide the City with the number of Full-time and Part-time Students who cannot or choose not to use smartphones for the purposes of obtaining a Digital UPass, therefore requiring a paper-based student bus passes (UPass), no later than

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seven (7) days prior to the ensuing month to allow sufficient time for the City to deliver said passes before the first of the month.

4.7 The University, in collaboration with the Students’ Union of St. Thomas University, Inc.,

shall disseminate information to Full-time and Part-time Students outlining how to obtain the annual Digital UPass using HotSpot.

4.8 The University, in collaboration with the Students’ Union of St. Thomas University, Inc.,

shall inform students that any student caught transferring their UPass or Digital UPass to another individual may lose their UPass privileges for up to one (1) year.

4.9 The University represents and warrants that:

(a) it is a corporation duly incorporated and validly subsisting in all respects under the laws of the Province of New Brunswick and;

(b) it has the corporate power and authority to enter into this Agreement and to perform all of the obligations contained under this Agreement.

5. Terms and Conditions Applicable to the City 5.1 Transportation services shall be provided by the City, Monday to Saturday inclusive,

excluding statutory holidays, during regular scheduled transit operating hours.

5.2 All costs and liability associated to staff working on behalf of the City will be the sole

responsibility of the City. 5.3 In the event of any misconduct by a Full-time or Part-time Student (“Incident”), the

transit driver, as agent for the City may ask said student to disembark from the transit bus. In addition, the City reserves the right to call upon the services of the police if required and the City reserves the exclusive right to suspend or terminate said student’s bus pass privileges for a period of up to one (1) year.

5.4 If requested, the City shall provide a written report of the Incident to the University and/or

Student Union of St. Thomas University, Inc.

5.5 In the event of winter storms, blizzards or similar situations, the City shall follow its normal procedures for terminating its transportation service and there shall be no compensation or other action paid by the City to the University or to any Full-time or Part-time Student for such cancellation.

5.6 The Parties acknowledge and agree that the Students’ Union will communicate with

the Full-time and Part-time Students that refunds will not be issued for the Digital UPass once the HotSpot registration process has been completed by individual students.

6. Additional Terms and Conditions 6.1 The Parties acknowledge and agree that in providing transportation service for the

Full-time and Part-time Students, the City maintains exclusive control over the

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routes and any applicable service additions or extensions along its routes. The right to amend or change the designated loading and unloading points and time schedules is also reserved exclusively to the City. The City agrees that any changes will be carried out in consultation with the University.


hours of operation of the transit system. 6.3 The Parties acknowledge and agree that Fredericton Transit Operators may ask for

Student IDs issued by St. Thomas University to be shown in conjunction with a UPass or Digital UPass should situations arise where further validation is warranted.

6.4 The Parties acknowledge and agree that the UBPP shall be valid on any future



service beyond the municipal boundaries to areas of interest to UBPP participants, given that the UBPP would not be valid on such an extension, the Parties agree to enter into discussions which relate to participation in such extensions and the funding thereof.

6.6 The Parties acknowledge and agree that the University and the Full-time and Part-

time Students are not entitled to special treatment by the City and it is further acknowledged that said students will be treated in the same manner as any user of the service.

6.7 The Parties acknowledge and agree that this Agreement is the entire Agreement

between the Parties. There are no other terms, obligations, covenants, representations, warranties, statements or conditions oral or otherwise (including statutory) of any kind whatsoever except as set out in writing in this Agreement.

6.8 The Parties acknowledge and agree that if at any time during the continuance of this

Agreement the Parties shall deem it necessary or expedient to make any alterations or additions to this Agreement they may do so by means of a written Agreement between them which shall be supplemental to and form part of this Agreement.

6.9 The Parties acknowledge and agree that all notices required to be given under this

Agreement shall be well and sufficiently given if sent by registered mail, postage prepaid as follows:

To the City: The City of Fredericton

397 Queen Street Fredericton, New Brunswick E3B 1B5 Attention: Transit Manager

To the University: St. Thomas University 51 Dineen Drive Fredericton, New Brunswick E3B 5G3 Attention: President

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and shall be deemed to have been given and received upon the date of mailing thereof.

6.10 The Parties acknowledge and agree that this Agreement shall be governed by, construed and enforced in accordance with the laws of the Province of New Brunswick.

6.11 The Parties acknowledge and agree that this Agreement shall enure to the benefit

of and be binding upon each of the Parties hereto, their successors and assigns. 6.12 The Parties acknowledge and agree that no party shall assign any interest in this

Agreement without the prior written approval of the other Party. 6.13 The Parties acknowledge and agree that if any provision of this Agreement is

determined by a court of competent jurisdiction to be invalid, illegal or unenforceable in any respect, such determination shall not impair or affect the validity, legality or enforceability of the remaining provisions hereof, and each provision is hereby declared to be separate , severable and distinct.

6.14 The Parties acknowledge and agree that each party shall pay his own costs, charges

and expenses of and incidental to the preparation of this Agreement. 6.15 The Parties hereto shall not be responsible for any failure or delay in the performance

of any obligations hereunder caused by acts of God, flood, fire, war, public enemy, terrorism, blockade, civil commotion, epidemic, pandemic, stop-work order, lock-out, strike, injunction or other causes beyond their reasonable control.

6.16 The Parties acknowledge and understand that they are subject to the RTIPPA, and as

such, disclosure and confidentiality obligations are governed thereunder. 6.17 The Parties acknowledge and agree that should any provision of this Agreement require

judicial interpretation, mediation or arbitration, it is agreed that the court, mediator or arbitrator interpreting or construing the same shall not apply a presumption that the terms thereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be construed more strictly against the party who itself or through its agent prepared the same. It is agreed that the Parties, directly or through their agents, have participated in the preparation hereof.

6.18 The Parties acknowledge and agree that if a dispute arises concerning the application or

interpretation of the Agreement, the Parties shall attempt to resolve the matter through good faith negotiations, more specifically, the dispute will be referred to their representatives set out above under Section 6.9 or their identified delegates, who will use their best efforts to resolve the matter amicably. If such negotiation fails, the Parties may, if necessary, and if the Parties consent in writing, resolve the matter through mediation or arbitration by a mutually acceptable mediator or arbitrator in accordance with the Arbitration Act, R.S.N.B. 2014, c. 100, of New Brunswick, as amended. It is further agreed by the Parties that the cost of such shall be borne equally by the Parties.

6.19 The Parties acknowledge and agree that they have had the opportunity to have this

Agreement reviewed by their respective legal counsel.

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Signed Sealed and Delivered ) ) ) ) THE CITY OF FREDERICTON

) )


) Mayor ) ) )


) )

) ST. THOMAS UNIVERSITY ) )

) ) Dawn A . Russell

) President and Vice Chancellor

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1. I am the City Clerk of the City of Fredericton, one of the parties named in the foregoing instrument and as such I have personal knowledge of the matters herein deposed to. 2. The seal affixed to the foregoing instrument purporting to be the seal of the City of Fredericton is the Corporate Seal of the City of Fredericton and was so affixed by order of the City Council. 3. The signature "Michael G. O'Brien "subscribed to the foregoing instrument is the signature of Michael G. O'Brien, the Mayor of the City of Fredericton, and the signature "Jennifer Lawson Murray" subscribed thereto is my signature. 4. The Mayor and City Clerk are the officers of the City of Fredericton duly authorized to execute the foregoing instrument. SWORN TO BEFORE ME at ) the City of Fredericton, in the ) County of York and Province of ) New Brunswick, this ___day of ) August, 2019. ) ) ) _______________________ ) ________________________ ) Jennifer Lawson Murray A Commissioner of Oaths ) Being a Solicitor

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I, Dawn Russell, of the City of Fredericton, County of York and Province of New Brunswick, MAKE OATH AND SAY AS FOLLOWS:

1. That I am the President and Vice-Chancellor of St. Thomas University (the "Corporation"), a duly incorporated company under the laws of the Province of New Brunswick and as such have personal knowledge of the matters and things herein deposed to and have authority to make this affidavit on behalf of the Corporation . 2. That the President, Dawn Russell, of the Corporation is the authorized signing officer to execute the annexed instrument (the "instrument") in the name and on behalf of the Corporation. 3. That the signature of "Dawn Russell" subscribed to the foregoing instrument is signature of "Dawn Russell", this deponent, as the President of the Corporation. 4. That the seal affixed to the foregoing instrument is the corporate seal of the Corporation and was so affixed by order of the Board of Directors of the Corporation for the purposes of execution of the instrument. 5. That the instrument was so executed by the Corporation on the ___ day of July, 2019, as and for its act and deed for the uses and purposes therein expressed and contained. SWORN TO BEFORE ME at )

the City of Fredericton, in the ) County of York and Province of ) New Brunswick, this ___ day of ) August, 2019. ) ) ) _______________________ ) ________________________ ) Dawn Russell A Commissioner of Oaths ) )

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Service Agreement

THIS SERVICE AGREEMENT made as of and from September 1, 2019. BETWEEN: THE CITY OF FREDERICTON, a municipal

corporation by virtue of the Local Governance Act, having its head office at 397 Queen Street, Fredericton, New Brunswick (hereinafter called the "City"); -and- HOTSPOT PARKING INC., a body corporate pursuant to the Business Corporations Act, having its registered office at 77 Westmorland Street, Fredericton, New Brunswick (hereinafter called the "HotSpot"); -and- ST. THOMAS UNIVERSITY, a duly incorporated company under and by virtue of the Companies Act having its head office in the City of Fredericton and Province of New Brunswick (hereinafter referred to as the "University"). -and-

THE STUDENTS’ UNION OF ST. THOMAS UNIVERSITY, INC., a duly incorporated company under and by virtue of the Companies Act having its head office in the City of Fredericton and Province of New Brunswick (hereinafter referred to as the "Students’ Union"); hereinafter collectively referred to as “the Parties” and individually as a “Party”)

WHEREAS the City has entered into agreements with the University and Students Union regarding the provision of unlimited use of Fredericton Transit for students during regular business hours, known as the Universal Bus Pass Program (“UBPP”);

AND WHEREAS historically, student identification cards required a manual application of Fredericton Transit validation stickers on an annual basis, which made for a challenging and time consuming process;

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AND WHEREAS new technology for student identification via a tap-based identification system is expected for the 2019-2020 academic year; AND WHEREAS HotSpot is able to provide an alternate solution for validating student identification in association with the UPass (“Digital UPass”); AND WHEREAS the City, the University and Students Union recognize and accept the Digital UPass as a valid bus pass under the UBPP; IT IS HEREBY ACKNOWLEDGED that in exchange for the mutual covenants herein and other good and valuable consideration, the Parties agree to the following: 1. DEFINITIONS

“Full-time Student” means people enrolled with the University taking nine (9) credits or more per semester as per the UBPP Agreements between the City and the University and the Students’ Union. “Part-time Student” means people enrolled with the University taking fewer than nine (9) credits per semester and who have opted-in to the UBPP as per the UBPP Agreements between the City and the University and the Students’ Union. “RTIPPA” means the Right to Information and Protection of Privacy Act, SNB 2009, c. R-10.6, as amended.

2. TERM

2.1 This Agreement shall be for a term of two (2) years, commencing on September

1, 2019 and expiring on August 31, 2021 (the “Term”). 3. TERMINATION

3.1 This Agreement may be terminated by any Party with or without cause upon

sixty (60) days prior written notice to the other Parties. 4. SERVICES

4.1 HotSpot shall make the Digital UPass available to all Full-time and Part-time

Students enrolled in the UBPP and who are attending the University. 4.2 The City shall provide transportation services to Full-time and Part-time

Students who have valid paper based student transit passes (UPass) or the Digital UPass.

5. CITY OBLIGATIONS 5.1 The City acknowledges and agrees to provide transit service in accordance with

the UBPP Agreements between the City and the University and the City and the Students’ Union.

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5.2 The City acknowledges and accepts to provide UPasses to the University as per Section 4.6 of the UBPP Agreement between the City and the University and Section 7.3 of this Agreement.

6. HOTSPOT OBLIGATIONS 6.1 HotSpot acknowledges and agrees that it will prepare bilingual communication

materials outlining how registered Full-time and Part-Time Students can obtain their Digital UPass using HotSpot.

6.2 HotSpot acknowledges and agrees that the communication material will be

provided to the City, the University and the Students’ Union for review, with final materials to be provided to the University and the Students’ Union no later than August 15, 2019.

6.3 HotSpot acknowledges and agrees to provide, at its sole cost, a minimum of

one (1) staff person to provide on-boarding technical support for a minimum of nine (9) hours during the University and the Students’ Union fall orientation session.

6.4 HotSpot acknowledges and agrees to provide, at its sole cost, 24/7 technical

customer support for matters relating to the use of the Digital UPass and will resolve any concerns or address questions in a prompt manner.

6.5 HotSpot acknowledges and agrees to provide the City with a web-based self-

serve dashboard customized with fields mutually agreed to between HotSpot and the City.

6.6 HotSpot acknowledges and agrees to provide real-time push notifications to

digital UPass customers as requested by the City, through Fredericton Transit, for the purpose of notifying users of transit service impacts related to matters such as weather and road conditions.

6.7 HotSpot acknowledges and agrees to provide a web-based self-serve

dashboard and/or a spreadsheet to the University and the Students’ Union customizable with fields amenable to HotSpot, the University, the Students’ Union, and the City, upon request, indicating which Full-time and Part-time Students (per student ID Number) have registered to use the Digital UPass.

6.8 HotSpot acknowledges and agrees to manage and monitor the Digital UPass

in manner to ensure that the UPass applies only to the individually enrolled Full-time or Part-time Student so as to avoid duplication and/or fraud.

6.9 HotSpot acknowledges and agrees to provide a prompt during the Digital

UPass registration process within its terms and conditions that will serve to inform Full-time and Part-time Students that there will be no refunds once the registration is complete.

6.10 HotSpot acknowledges and agrees to change the background on the Digital

Upass on an annual basis to a background that is satisfactory to the City.

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6.11 HotSpot acknowledges and agrees to ensure the Digital UPass includes features that enable real-time validation by the City, through Fredericton Transit, which will serve to mitigate potential fare evasion or UPass duplication.

6.12 HotSpot acknowledges and agrees to provide, at its sole cost, training to all City

Transit employees on the use of the UPass, as needed and requested by the City.

6.13 HotSpot acknowledges and agrees to complete any system upgrades or

updates outside of regular Fredericton Transit service hours in an effort not to impact function or use of Digital UPasses.

6.14 HotSpot acknowledges and agrees to ensure the Digital UPass is designed in

such a manner so as to not require real-time internet or data connectivity with the exception of during annual Digital UPass registration for which wifi can be utilized by Full-time and Part-time Students without such data connectivity.

6.15 HotSpot acknowledges and agrees to be responsible for all administrative

training required for reconciling accounts and exporting data. 6.16 HotSpot acknowledges and agrees to maintain a program to identify and

resolve any vulnerabilities identified by its security assessor or other relevant person and to notify and disclose any information the City may require to secure its own systems with respect to the same.

6.17 HotSpot acknowledges and agrees to implement and maintain a program to

protect against any reasonably anticipated threats or hazards to the security or integrity of customer data or unauthorized access to or use of customer data; and ensure the proper disposal of customer data, as applicable.

6.18 HotSpot acknowledges and agrees to back up all data every twelve (12) hours

and hold for thirty (30) days to protect the Parties of any loss or corruption of said data.

6.19 HotSpot acknowledges and agrees that any and all information obtained from

Full-time and Part-time Students registering to use the Digital UPass pursuant to this Agreement will, at no time or in any manner, be sold or shared with third parties.

6.20 HotSpot acknowledges and agrees that Full-time and Part-time Students will

be provided with the option to opt out of all communications that may be available from HotSpot including but not limited to monthly service updates, receipts, and City or Fredericton Transit service alerts.

7. UNIVERSITY AND STUDENTS’ UNION OBLIGATIONS 7.1 The University acknowledges and agrees to provide HotSpot with validated

student identification numbers on on or before August 25th and as otherwise

requested by the City or HotSpot.

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7.2 The University and the Students’ Union acknowledge and agree to disseminate information to registered Full-time and Part-time Students outlining how to obtain the annual Digital UPass using HotSpot.

7.3 The University acknowledges and agrees to provide the City with the number of

Full-time and Part-time Students who cannot or choose not to use smartphones for the purposes of obtaining a Digital UPass no later than seven (7) days prior to the ensuing month.

7.4 The University and the Students’ Union acknowledge and agree to communicate

with Full-time and Part-time Students that refunds will not be issued for the Digital UPass once the HotSpot registration process for same is completed.

7.5 The University and the Students’ Union acknowledge and agree to disseminate

information about the Digital UPass as per Sections 6.1 and 6.2 of this Agreement.

8. FEES

8.1 During the Term hereof, HotSpot shall charge the City $1.00 per month, per

Full-time and Part-time Student registered for the Digital UPass as per the UBPP Agreements between the City and the University and the City and the Students’ Union.

9. PAYMENTS 9.1 During the Term hereof, HotSpot shall issue monthly invoices within five (5)

days of the end of the preceding month, for the charges to the City. Invoices

shall be sent electronically to [email protected]. If invoices cannot be sent electronically, they shall be mailed to the attention of Accounts Payable; The City of Fredericton, 397 Queen Street, Fredericton, N.B. E3B 1B5. In addition to the GST/HST Registration Number, the Supplier is required to provide the amount of GST/HST separately on all invoices.

9.2 The City shall pay the fee amounts to HotSpot within the period of thirty (30)

days following the issue of an invoice.

9.3 As the City does not pay by cheque and payment is done via Electronic Funds

Transfer (EFT), HotSpot is required to provide its banking information to the City.

10. SOFTWARE 10.1 HotSpot shall license all software, including all web and mobile applications and

related documentation (“Software”) necessary for the City to operate a transit fare management service for Digital UPass which allows the University and the Students’ Union to use the HotSpot app as a proof of fare payment in any and all transit services owned or managed by the City through a web-based service.

10.2 HotSpot shall ensure that the Software integrates correctly with the University’s

existing enrolment system, in that the Software will transmit and process data

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using the API including student identification numbers and current enrolment in line with the integration schedule set by the University.

10.3 The Parties agree that prior to any disclosure of any information regarding the

use of the Software, the disclosing Party must obtain written permission from the non-disclosing Parties, which shall not unreasonably be withheld.

10.4 Notwithstanding Section 10.3 herein, the Parties agree that the City has the

right and ability to report on usage rates and any analyses based thereupon without first obtaining permission, written or otherwise.

11. INTELLECTUAL PROPERTY RIGHTS

11.1 The City, the University and the Students’ Union acquire a revocable, non-

exclusive, non-assignable, non-transferable and non-subleaseable right and license to use and access the Software for their internal business purposes. All intellectual property rights associated with the HotSpot brand and the Software including, without limitation, trade names, source code, trademarks, copyrights, patents, and trade secrets, not explicitly granted to the City, the University or the Students’ Union in this Agreement are reserved for HotSpot. All intellectual property rights associated with the City’s, the University’s or the Students’ Union’s brands and any City, University or the Students’ Union data submitted to HotSpot or City, University or the Students’ Union owned or licensed software or other intellectual property are reserved to the City, the University and the Students’ Union (or their licensors) respectively as the case may be (collectively “Provider IP”).

11.2 The Parties will not directly, indirectly, alone or with another party, as it relates

to the other party’s Software or Provider IP, as the case may be (i) copy, disassemble, reverse engineer, or decompile the Software, or the Provider IP or any subpart thereof; (ii) modify, create derivative works base upon, or that translate the Software or Provider IP or source code; (iii) transfer or otherwise grant any rights in the Software of the Provider IP or source code in any form to any other party; and (iv) attempt to do any of the foregoing or cause or permit any third party to do or attempt to do any of the foregoing, except as expressly permitted hereunder.

12. WARRANTIES AND INDEMNIFICATIONS 12.1 HotSpot warrants to the Parties that:

(a) it will comply with all applicable legal and regulatory requirements

applying to the exercise of HotSpot’s rights and the fulfilment of its obligations under this Agreement.

(b) the Software will perform in accordance with the specification and as

otherwise described herein.

(c) the Professional Services performed under this Agreement shall be performed in a professional and competent manner.

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12.2 The Parties warrant to each other that they have the legal right and authority to enter into this Agreement and to perform their obligations under this Agreement.

12.3 All of the Parties' warranties and representations in respect of the subject matter

of this Agreement are expressly set out in this Agreement. To the maximum extent permitted by applicable law, no other warranties or representations concerning the subject matter of this Agreement will be implied into this Agreement or any related contract.

12.4 HotSpot shall, at its expense, indemnify, defend and hold the Parties harmless

from and against any claim that the Software or services infringe an intellectual property right provided, however, that:

(a) the Parties promptly notify HotSpot of any such claim, and

(b) permit HotSpot to defend with counsel of its own choice, and

(c) the Parties give HotSpot such information and/or assistance in the defense thereof as HotSpot may reasonably request.

12.5 If the Software or services outlined in this Agreement are adjudged to infringe an intellectual property right by a court of competent jurisdiction, HotSpot shall, at its expense and election either:

(a) procure the right for the Customer to continue using the infringing items,

(b) replace the infringing items with a functionally equivalent non-infringing product, or

(c) modify the infringing items so that they are non-infringing.

12.6 Each Party shall indemnify, defend and hold harmless the other Party, its agents, employees, affiliates, successors and assigns from any claims, demands, debts, suits, causes of action, losses, damages, fines, penalties, liabilities, costs and expenses, including attorney’s fees, disbursements, court costs whatsoever of every name and nature, both in law and in equity, to any person or property (i) arising from or claimed to have arisen from the omission, fault, wilful act, negligence, or other misconduct of the indemnifying party’s employees, servants, agents, subcontractors or licensees, or (ii) resulting from the violation by the indemnifying party of the terms of this Agreement.

12.7 HotSpot shall indemnify and save the Parties harmless from any and all

liabilities of whatever kind relating to any unauthorized disclosure or other breach of confidentiality or privacy with respect to any customer, end user data or any Provider IP.

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12.8 Each Party agrees that the obligations assumed herein shall survive the expiration of this Agreement.

13. INSURANCE 13.1 HotSpot shall obtain and maintain in force during the Term of this Agreement:

(a) a general liability insurance policy, to include contingent employer’s liability and contractual liability, insuring HotSpot’s obligations and responsibilities with respect to performance of Services as set out in this Agreement in an amount of no less than two Million ($2,000,000.00) CAD per occurrence;

(b) an errors and omissions liability insurance policy of no less than Two Million ($2,000,000.00) CAD in the aggregate. Such coverage shall include, but not be limited to (i) privacy breach and violation as a result of unauthorized access to or wrongful disclosure or dissemination of personal information, failure to properly handle, manage, store, destroy or control personal information and include failure to comply with privacy laws and their regulations regarding the collection, access, transmission, use, and accuracy. Such coverage will extend to include the costs associated with notification of affected parties, regardless if required by statute as well as any fines or penalties or cost imposed as a result of the breach including defence of any regulatory action involving a breach; (ii) network security to protect against incidents arising from system failures; (iii) privacy breach expenses; (iv) coverage for damages resulting from dishonest or criminal acts committed by Provider’s employees or Affiliates.

(c) a cyber liability policy of no less than Two Million ($2,000,000.00) CAD

in the aggregate.

13.2 All policies of insurance shall name the “City of Fredericton” and “St. Thomas University” and the “Students’ Union of St. Thomas University, Inc.” as additional insureds, and any other party required by the City as an additional insured, and contain a provision stating that each policy will not be cancelled or permitted to lapse unless the insurer notifies the City in writing at least thirty (30) days prior to the date of cancellation or lapse.

13.3 The insurance policies shall be written with an insurer properly licensed to do

business in New Brunswick. Any deductible shall be borne by HotSpot. HotSpot shall deliver to the City certificates of insurance required under this Agreement within fifteen (15) days of annual renewal.

14. LIMITATIONS AND EXCLUSIONS OF LIABILITY 14.1 HotSpot shall not be liable to the Parties in respect of any loss or corruption of

any data, database or Software due to City, the University and Students’ Union or their clients use of the Digital UPass.

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14.2 Neither Party shall be liable to the other Party in respect of any special, indirect or consequential loss or damage.

14.3 No Party shall incur any liability to the other party on account of any loss or

damage resulting from any delay or failure to perform all or any part of this Agreement, where such delay or failure is caused, in whole or in part, by a Force Majeure event. If a Party asserts a Force Majeure event for failure to perform the Party’s obligations, then the asserting party shall notify the other Parties of the event and take reasonable steps to minimize the delay or damages caused by the Force Majeure event.

14.4 No action arising out of any claimed breach of this Agreement may be brought

by either party more than one (1) year after the cause of action has accrued. Each party shall be liable for breaches of its affiliates and contractors under this Agreement.

14.5 All UPass users will need to independently create accounts and agree to the HotSpot Terms of Service and Privacy Policy independent of this agreement. The relationship between HotSpot and its users will be governed under those agreements available here:

Terms of Service: https://htsp.ca/hotspot-terms-service/

Privacy Policy: https://htsp.ca/privacy/

15. FORCE MAJEURE EVENT

15.1 Parties shall not be liable for any delay or failure to perform their obligations

hereunder due to causes beyond their reasonable control, including but not limited to natural disaster, flood, fire, pandemic, casualty, act of God, public enemy, war, riot, terrorism, or governmental act, strike, labour dispute, stop-work order or injunction; provided, however, that such Party will not have contributed in any way to such event, and has notified the other Parties without undue delay. If the delay or failure continues beyond ten (10) calendar days, any Party may terminate this Agreement, except that the City will be obligated to pay HotSpot for the Services provided under this Agreement prior to the effective date of such termination.

16. NOTICES 16.1 Any notice to be given pursuant to this Agreement shall be in writing and may

be delivered by registered mail, email or delivered personally to the Parties hereto as follows:

To HotSpot: To the City: HotSpot Parking Inc. The City of Fredericton 390 King Street, Suite 302 397 Queen Street Fredericton, NB E3B 1E5 Fredericton, NB E3B 1B5 Attention: Phillip Curley, CEO Attention: Meredith Gilbert, Manager of

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https://htsp.ca/hotspot-terms-service/


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Transit and Parking By email: [email protected] By email: [email protected]

To the University: To the Students’ Union:

St. Thomas University The Students’ Union of St. Thomas University, Inc.

51 Dineen Drive 21 Pacey Drive, Room 32 Fredericton, New Brunswick Student Union Building E3B 5G3 Fredericton, New Brunswick Attention: Dawn Russell, President E3B 5A3

Attention: Husoni Raymond, President

By email: [email protected] By email: [email protected]

or delivered to such other person or faxed or e-mailed or sent by registered mail to such other address as either Party may designate for itself by notice given in accordance with this Section.

16.2 Any such notice shall be deemed to have been given and received on the day

on which it was delivered or transmitted or if such day is not a business day, on the next following business day.

17. PRIVACY AND CONFIDENTIALITY 17.1 HotSpot represents, and the Parties rely on such, that it has an information

security policy that complies with applicable laws, including without limitation, all

privacy legislation and all of the City’s obligation and policies with respect to

same.

17.2 Parties agree to treat all information (including client and or end user data)

provided, or to be provided, by any Party, information analyses, summaries and

other work product derived from such information (“Information”) in accordance

with the provisions of this section. The Information will be used solely in

connection with this Agreement.

17.3 Parties shall agree to comply with all applicable privacy and data protection

statutes, rules, or regulations including but not limited to the Right to Information

and Protection of Privacy Act (New Brunswick) governing the respective

activities of the Parties. The City, the University and Students’ Union hereby

consent to the use, processing and/or disclosure of the City’s and/or the

University and Students’ Union data only for the purposes described herein and

to the extent such use or processing is necessary for HotSpot to carry out its

duties and responsibilities under this Agreement or as required by law.

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18. DATA OWNERSHIP 18.1 HotSpot acquires an unlimited license, irrevocable by the City, the University and

Students’ Union or their clients to store, display, transmit, and use all data provided by registered Full-time and Part-time Students and all data stored, created, or transmitted by HotSpot as a result of any end user’s use of any component of the Software, which license shall be strictly and solely for the limited purpose of delivering the Services to the City, the University and Students’ Union in accordance with HotSpot’s Privacy Policies available at https://htsp.ca/privacy/ .

19. ADDITIONAL TERMS AND CONDITIONS 19.1 Sections and Headings

The division of this Agreement into sections and the insertion of headings are for convenience of reference only and shall not affect the interpretation of this Agreement.

19.2 Entire Agreement

This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior agreements, understandings, negotiations and discussions, whether written or oral. There are no conditions, covenants, agreements, representations, warranties or other provisions, express or implied, collateral, statutory or otherwise, relating to the subject matter hereof except as herein provided.

19.3 Amendments

If at any time during the continuance of this Agreement the Parties shall deem it necessary or expedient to make any alterations or additions to this Agreement they may do so by means of an executed written Agreement between them which shall be supplemental to and form part of this Agreement.

19.4 Independent Contractor

HotSpot is an independent contractor and not an agent or employee of the City, the University and Students’ Union. No agency, partnership, franchise, joint venture, or employment relationship exists between HotSpot or the Parties. HotSpot shall be fully and solely responsible for the supervision, control, performance, compensation, benefits (including without limitation, all forms of insurance) withholdings, health and safety of all of its employees and agents. Neither the City, the University or Students’ Union shall be responsible or liable for any withholding of taxes or contributions to the provincial worker’s compensation, unemployment or other funds or programs.

19.5 Applicable Law

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The Parties acknowledge and agree that this Agreement shall be governed by, construed and enforced in accordance with the laws of the Province of New Brunswick. The courts of the Province of New Brunswick shall have exclusive jurisdiction to adjudicate any dispute arising under or in connection with this Agreement.

19.6 Severability

If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal or unenforceable in any respect, such determination shall not impair or affect the validity, legality or enforceability of the remaining provisions hereof, and each provision is hereby declared to be separate, severable and distinct.

19.7 Successors and Assigns

This Agreement shall enure to the benefit of and shall be enforceable by the Parties. Neither Party may assign any of its rights or obligations hereunder.

19.8 Costs

It is acknowledged that each Party shall pay his own costs, charges and expenses of and incidental to the preparation of this Agreement.

19.9 Independent Legal Counsel

The Parties acknowledge and agree that they have had the opportunity to have this Agreement reviewed by their respective legal counsel or have had the opportunity to seek their own legal counsel with respect to this Agreement.

19.10 Waiver

No breach of any provision of this Agreement shall be waived except with the express written consent of the Party not in breach.

19.11 Right to Information

The Parties acknowledge that the City and the University are subject to the Right to Information and Protection of Privacy Act (S.N.B. 2009, c. R-10.6), and as such, disclosure and confidentiality obligations are governed thereunder.

19.12 Dispute Resolution If the Parties should have a dispute with respect to this Agreement, they shall first attempt to resolve such dispute between themselves, more specifically, the dispute shall be referred to their representative set out under Article 16 or their identified delegates who will use their best efforts to resolve the matter amicably. If the Parties are unable to resolve the dispute in this matter within a reasonable time, then any dispute between the Parties hereto as to any matter arising under this Agreement shall be referred to a single arbitrator to be jointly appointed by the Parties or selected by a Judge of the Court of

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Queen’s Bench of New Brunswick on application of the Parties. Such arbitration shall be conducted pursuant to the Arbitration Act, RSNB 2014, c. 100, as amended. The decision of the arbitrator shall be final and binding. Arbitration shall be held in the City of Fredericton, New Brunswick with the costs shared equally between the Parties

19.13 Schedules Any schedule attached hereto forms part of this Agreement. 19.14 Contra Proferentum Rule Not Applicable

Should any provision of this Agreement require judicial interpretation, mediation or arbitration, it is agreed that the court, mediator or arbitrator interpreting of construing same shall not apply a presumption that the terms thereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be construed more strictly against the party who itself or through its agent prepared the same. It is agreed that all Parties, directly or through their agents, have participated in the preparation hereof.

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IN WITNESS WHEREOF the Parties have by their authorized representatives executed this Agreement on the day and year first above written. Signed, Sealed and Delivered )

) HOTSPOT PARKING INC. ) )

) ) Phillip Curley ) Chief Executive Officer

)

) )

) THE CITY OF FREDERICTON ) ) ) ) Michael G. O’Brien ) Mayor

) ) )

) Jennifer Lawson Murray ) City Clerk

) ) ) ) ST. THOMAS UNIVERSITY ) ) ) ______________________ ) Dawn A. Russell ) President and Vice Chancellor ) )

) THE STUDENTS’ UNION OF ST. THOMAS UNIVERSITY, INC.

) ) ) ______________________ ) Husoni Raymond ) President

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I, Jennifer Lawson Murray, of the City of Fredericton, in the County of York and Province of New Brunswick, MAKE OATH AND SAY AS FOLLOWS: 1. I am the City Clerk of the City of Fredericton, one of the parties named in the foregoing instrument and as such I have personal knowledge of the matters herein deposed to. 2. The seal affixed to the foregoing instrument purporting to be the seal of the City of Fredericton is the Corporate Seal of the City of Fredericton and was so affixed by order of the City Council. 3. The signature "Michael G. O’Brien" subscribed to the foregoing instrument is the signature of Michael G. O’Brien, the Mayor of the City of Fredericton, and the signature "Jennifer Lawson Murray" subscribed thereto is my signature. 4. The Mayor and City Clerk are the officers of the City of Fredericton duly authorized to execute the foregoing instrument.

SWORN TO BEFORE ME at the ) City of Fredericton, in the County ) of York and Province of New ) Brunswick, this ___ day of ) August, 2019. ) ) ) ) __________________________ ) ) Jennifer Lawson Murray A Commissioner of Oaths ) Being a Solicitor )

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I, Phillip Curley, of the City of Fredericton, in the County of York and Province of New Brunswick, MAKE OATH AND SAY AS FOLLOWS: 1. I am the Chief Executive Officer of HotSpot Parking Inc., a duly incorporated

company under the laws of the Province of New Brunswick, and as such have personal knowledge of the matters and things herein disposed to and have the authority to make this affidavit on behalf of the Corporation.

2. HotSpot Parking Inc. is one of the parties named in the foregoing instrument

and as such I have personal knowledge of the matters herein deposed to. 3. That the Corporation has no corporate seal. 4. The signature of "Phillip Curley" subscribed to the foregoing instrument is the

signature of Phillip Curley, the President of HotSPot Parking Inc., and the signature "Phillip Curley" subscribed thereto is my signature.

5. The Chief Executive Officer is the officer of HotSpot Parking Inc. duly

authorized to execute the foregoing instrument.

SWORN TO BEFORE ME at the ) City of Fredericton, in the County ) of York and Province of New ) Brunswick, this ___ day of ) _____________, 2019. ) ) ) ) __________________________ ) ) Phillip Curley A Commissioner of Oaths ) Being a Solicitor )

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I, Husoni Raymond, of the City of Fredericton and the County of York and

Province of New Brunswick, MAKE OATH AND SAY AS FOLLOWS:

1. That I am the President of The Students’ Union of St. Thomas University Inc. (the "Corporation"), a duly incorporated company under the laws of the Province of New Brunswick and as such have personal knowledge of the matters and things herein deposed to and have authority to make this affidavit on behalf of the Corporation. 2. That the President, Husoni Raymond, of the Corporation is the authorized signing officer to execute the annexed instrument (the "instrument ") in the name and on behalf of the Corporation. 3. That the signature "Husoni Raymond" subscribed to the foregoing instrument is the signature of "Husoni Raymond" this deponent, as the President of the Corporation. 4. That the seal affixed to the foregoing instrument is the corporate seal of the Corporation and was so affixed by order of the Board of Directors of the Corporation for the purpose of execution of the instrument. 5. That the instrument was so executed by the Corporation on the ___ day of August, 2019, as and for its act and deed for the uses and purposes therein expressed and contained. SWORN TO BEFORE ME at ) the City of Fredericton, in the ) County of York and Province of ) New Brunswick, this ___ day of ) August, 2019. ) ) ) _______________________ ) ________________________ ) Husoni Raymond A Commissioner of Oaths ) )

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I, Dawn Russell, of the City of Fredericton, County of York and Province of New Brunswick, MAKE OATH AND SAY AS FOLLOWS: 1. That I am the President and Vice-Chancellor of St. Thomas University (the "Corporation"), a duly incorporated company under the laws of the Province of New Brunswick and as such have personal knowledge of the matters and things herein deposed to and have authority to make this affidavit on behalf of the Corporation. 2. That the President, Dawn Russell, of the Corporation is the authorized signing officer to execute the annexed instrument (the "instrument") in the name and on behalf of the Corporation. 3. That the signature of "Dawn Russell" subscribed to the foregoing instrument is signature of "Dawn Russell", this deponent, as the President of the Corporation. 4. That the seal affixed to the foregoing instrument is the corporate seal of the Corporation and was so affixed by order of the Board of Directors of the Corporation for the purposes of execution of the instrument. 5. That the instrument was so executed by the Corporation on the ___ day of August, 2019, as and for its act and deed for the uses and purposes therein expressed and contained. SWORN TO BEFORE ME at ) the City of Fredericton, in the ) County of York and Province of ) New Brunswick, this ___ day of ) August, 2019. ) ) ) _______________________ ) ________________________ ) Dawn Russell A Commissioner of Oaths )

)

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AGREEMENT BETWEEN


AND

THE STUDENTS’ UNION OF ST. THOMAS UNIVERSITY, INC.

Regarding a universal bus pass program for full time and part time students of St. Thomas University


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This Agreement made in duplicate this _____ day of August , 2019. BETWEEN: THE CITY OF FREDERICTON, a municipal corporation

by and virtue of the Local Governance Act having its head office at 397 Queen Street, City of Fredericton and Province of New Brunswick (hereinafter referred to as the "City");

-AND-

THE STUDENTS’ UNION OF ST. THOMAS UNIVERSITY, INC., a duly incorporated company under and by virtue of the Companies Act having its head office in the City of Fredericton and Province of New Brunswick (hereinafter referred to as the "Students’ Union");

(hereinafter referred to collectively as the “Parties”)

WHEREAS the administration of St. Thomas University and the Students’ Union originally requested in 2004 that the City provide enhanced transportation services to meet the transportation needs of their students, which included additional runs, extended hours or new routes to and from the University campus at a preferential price; AND WHEREAS the Parties agreed and implemented a program called the Universal Bus Pass Program ("UBPP") since 2004; AND WHEREAS the Parties all agree that the UBPP has been successful and would like the past arrangement to continue; AND WHEREAS the City has entered into a new two (2) year agreement for the UBPP with St. Thomas University which includes full-time students as well as an opt-in option for part-time students; AND WHEREAS the Parties are desirous of entering into a new two (2) year Agreement for the UBPP, which will include full-time students as well as an opt-in option for part-time students; AND WHEREAS the UBPP shall continue to be valid for unlimited transportation on the regular fixed route transit and Para Transit systems of the City for full-time and those part-time students who individually opt-in to the UBPP who are enrolled with St. Thomas University; AND WHEREAS Hotspot Parking Inc. (“HotSpot”) has developed a digital solution, in the form of an App, to be used as valid digital transit passes (“Digital UPass”); AND WHEREAS the City and the Students’ Union recognize and accept the Digital UPass;

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AND WHEREAS the City operates a public transit system in the City of Fredericton and has agreed to provide such services, subject to the terms and conditions contained in this Agreement; NOW THEREFORE in exchange of mutual convenants herein and other good and valuable consideration, the Parties hereby agree as follows:

1. Definitions

1.1 “Effective Date” means September 1, 2019. “Full-time Student” means a person enrolled with St. Thomas University taking nine (9) credits or more per semester. “Part-time Student” means a person enrolled with St. Thomas University taking fewer than nine (9) credits per semester and who has opted-in to the UBPP. “RTIPPA” means the Right to Information and Protection of Privacy Act (SNB, 2009, c. R-10.6, as amended).

2. Effective Date and Terms 2.1 This Agreement shall be for a term of two (2) years from the Effective Date until August

31, 2021.

3. Services to be Provided by the City 3.1 The City shall provide transportation services for the Term of this Agreement to Full-

time and Part-time Students with the Digital UPass or paper-based transit pass (“UPass”).

4. Terms and Conditions Applicable to the Students’ Union

4.1 The Students’ Union executive will conduct a review of transportation performance at the end of the academic year, meet with the City on or before April 30th of the academic year and shall also provide their written review to the City. This review is not intended to deal with daily operational complaints or problems, but to review the overall performance of the City in relation to its students' needs in order to make suggestions for improvements to the system.

4.2 The Students’ Union, in collaboration with St. Thomas University, shall disseminate information to Full-time and Part-time Students outlining how to obtain the annual Digital UPass using HotSpot.

4.3 The Students’ Union shall communicate with Full-time and Part-time Students who

have opted into the UBPP that refunds will not be issued in accordance with Article 6.2 herein.

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4.4 The Students’ Union, in collaboration with St. Thomas University, Inc., shall inform students that any student caught transferring their UPass or Digital UPass to another individual may lose their UPass privileges for up to one (1) year

4.5 The Students’ Union represents and warrants that:

(a) they are a corporation duly incorporated and validly subsisting in all respects under the laws of the Province of New Brunswick and;

(b) they have the corporate power and authority to enter into this Agreement and to perform all of their obligations contained under this Agreement.

5. Terms and Conditions Applicable to the City 5.1 Transportation services shall be provided by the City, Monday to Saturday inclusive,

excluding statutory holidays, during regular scheduled transit operating hours. 5.2 All costs and liability associated to staff working on behalf of the City will be the sole responsibility of the City. 5.3 In the event of any misconduct by a Full-time or Part-time Student (“Incident”), the

transit driver, as agent for the City may ask said student to disembark from the transit bus. In addition, the City reserves the right to call upon the services of the police if required and the City reserves the exclusive right to suspend or terminate said student’s bus pass privileges for a period of up to one (1) year.

5.4 If requested, the City shall provide a written report of the Incident to the Students’ Union

and/or St. Thomas University.

5.5 In the event of winter storms, blizzards or similar situations, the City shall follow its normal procedures for terminating its transportation service and there shall be no compensation or other action paid by the City to either of the other Parties or to any student for such cancellation.

6. Additional Terms and Conditions 6.1 The Parties acknowledge and agree that St. Thomas University shall, for the purposes

of the UBPP, provide to the City the number of Full-time Students and the number of Part-Time Students enrolled with the University.

6.2 The Parties acknowledge and agree that no refunds shall be supplied to Full-time and/or Part-time Students who have opted into the UBPP.

6.3 The Parties acknowledge and agree that St. Thomas University will provide HotSpot with Full-time and Part-time student identification numbers on a bi-weekly basis, or as otherwise requested by the City.

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6.4 The Parties acknowledge and agree that St. Thomas University will provide the City with the number of Full-time and Part-time Students who cannot or choose not to use smartphones for the purpose of obtaining a Digital UPass, therefore requiring a paper-based student bus passes (UPass), no later than seven (7) days prior to the ensuing month to allow sufficient time for the City to deliver said passes before the first of the month.

6.5 The Parties acknowledge and agree that in providing transportation service for the

Full-time and opt-in Part-time Students, the City maintains exclusive control over the routes and any applicable service additions or extensions along its routes. The right to amend or change the designated loading and unloading points and time schedules is also reserved exclusively to the City. The City agrees that any changes will be carried out in consultation with the St. Thomas University and the Students’ Union.


hours of operation of the transit system.

6.7 The Parties acknowledge and agree that Fredericton Transit Operators may ask for Student ID’s issued by St. Thomas University to be shown in conjunction with a UPass or Digital UPass should situations arise where further validation is warranted.

6.8 The Parties acknowledge and agree that the UBPP shall be valid on any future



service beyond the municipal boundaries to areas of interest to UBPP participants, given that the UBPP would not be valid on such an extension, the Parties agree to enter into discussions which relate to participation in such extensions and the funding thereof.

6.10 The Parties acknowledge and agree that the Full-time and Part-time Students are

not entitled to special treatment by the City and it is further acknowledged that said students will be treated in the same manner as any user of the service.

6.11 The Parties acknowledge and agree that this Agreement is the entire Agreement

between the Parties. There are no other terms, obligations, covenants, representations, warranties, statements or conditions oral or otherwise (including statutory) of any kind whatsoever except as set out in writing in this Agreement.

6.12 The Parties acknowledge and agree that if at any time during the continuance of this

Agreement the Parties shall deem it necessary or expedient to make any alterations or additions to this Agreement they may do so by means of a written Agreement between them which shall be supplemental to and form part of this Agreement.

6.13 The Parties acknowledge and agree that all notices required to be given under this

Agreement shall be well and sufficiently given if sent by registered mail, postage

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prepaid as follows:

To the City: The City of Fredericton 397 Queen Street Fredericton, New Brunswick E3B 1B5 Attention: Transit Manager

To the Students’ Union: The Students’ Union of St. Thomas University, Inc. 21 Pacey Drive, Room 32 Student Union Building Fredericton, New Brunswick E3B 5A3 Attention: President

and shall be deemed to have been given and received upon the date of mailing thereof.

6.14 The Parties acknowledge and agree that this Agreement shall be governed by,

construed and enforced in accordance with the laws of the Province of New Brunswick.

6.15 The Parties acknowledge and agree that this Agreement shall enure to the benefit of

and be binding upon each of the Parties hereto, their successors and assigns. 6.16 The Parties acknowledge and agree that no party shall assign any interest in this

Agreement without the prior written approval of the other Party. 6.17 The Parties acknowledge and agree that if any provision of this Agreement is

determined by a court of competent jurisdiction to be invalid, illegal or unenforceable in any respect, such determination shall not impair or affect the validity, legality or enforceability of the remaining provisions hereof, and each provision is hereby declared to be separate , severable and distinct.

6.18 The Parties acknowledge and agree that each party shall pay his own costs, charges

and expenses of and incidental to the preparation of this Agreement. 6.19 The Parties hereto shall not be responsible for any failure or delay in the performance

of any obligations hereunder caused by acts of God, flood, fire, war, public enemy, terrorism, blockade, civil commotion, epidemic, pandemic, stop-work order, lock-out, strike, injunction or other causes beyond their reasonable control.

6.20 The Parties acknowledge and understand that the City is subject to RTIPPA, and as such,

disclosure and confidentiality obligations are governed thereunder. 6.21 The Parties acknowledge and agree that should any provision of this Agreement require

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judicial interpretation, mediation or arbitration, it is agreed that the court, mediator or arbitrator interpreting or construing the same shall not apply a presumption that the terms thereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be construed more strictly against the party who itself or through its agent prepared the same, it is agreed by the Parties, directly or through their agents, have participated in the preparation hereof.

6.22 The Parties acknowledge and agree that if a dispute arises concerning the application or

interpretation of the Agreement, the Parties shall attempt to resolve the matter through good faith negotiations, more specifically, the dispute will be referred to their representatives set out above under 7.8 or their identified delegates, who will use their best efforts to resolve the matter amicably. If such negotiation fails, the Parties may, if necessary, and if the Parties consent in writing, resolve the matter through mediation or arbitration by a mutually acceptable mediator or arbitrator in accordance with the Arbitration Act, R.S.N.B. 2014, c. 100, of New Brunswick, as amended. It is further agreed by the Parties that the cost of such shall be borne equally by the Parties.

6.23 The Parties acknowledge and agree that they have had the opportunity to have this

Agreement reviewed by their respective legal counsel.

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Signed Sealed and Delivered ) THE CITY OF FREDERICTON

) )


) Mayor ) ) )


) THE STUDENTS’ UNION OF ST. THOMAS ) UNIVERSITY, INC.

) ) )

) Husoni Raymond ) President PROVINCE OF NEW BRUNSWICK COUNTY OF YORK

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1. I am the City Clerk of the City of Fredericton, one of the parties named in the foregoing instrument and as such I have personal knowledge of the matters herein deposed to. 2. The seal affixed to the foregoing instrument purporting to be the seal of the City of Fredericton is the Corporate Seal of the City of Fredericton and was so affixed by order of the City Council. 3. The signature "Michael G. O'Brien "subscribed to the foregoing instrument is the signature of Michael G. O'Brien, the Mayor of the City of Fredericton, and the signature "Jennifer Lawson Murray" subscribed thereto is my signature. 4. The Mayor and City Clerk are the officers of the City of Fredericton duly authorized to execute the foregoing instrument. SWORN TO BEFORE ME at ) the City of Fredericton, in the ) County of York and Province of ) New Brunswick, this ___day of ) August, 2019. ) ) ) _______________________ ) ________________________ ) Jennifer Lawson Murray A Commissioner of Oaths ) Being a Solicitor )

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I, Husoni Raymond, of the City of Fredericton and the County of York and Province of New Brunswick, MAKE OATH AND SAY AS FOLLOWS:

1. That I am the President of The Students’ Union of St. Thomas University Inc. (the "Corporation"), a duly incorporated company under the laws of the Province of New Brunswick and as such have personal knowledge of the matters and things herein deposed to and have authority to make this affidavit on behalf of the Corporation. 2. That the President, Husoni Raymond, of the Corporation is the authorized signing officer to execute the annexed instrument (the "instrument ") in the name and on behalf of the Corporation. 3. That the signature "Husoni Raymond" subscribed to the foregoing instrument is the signature of "Husoni Raymond" this deponent, as the President of the Corporation. 4. That the seal affixed to the foregoing instrument is the corporate seal of the Corporation and was so affixed by order of the Board of Directors of the Corporation for the purpose of execution of the instrument. 5. That the instrument was so executed by the Corporation on the ___ day of August, 2019, as and for its act and deed for the uses and purposes therein expressed and contained. SWORN TO BEFORE ME at ) the City of Fredericton, in the ) County of York and Province of ) New Brunswick, this ___ day of ) August, 2019. ) ) ) _______________________ ) ________________________ ) Husoni Raymond A Commissioner of Oaths ) )

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To: His Worship Mayor Mike O’Brien and Members of City Council

From: Meredith Gilbert, Manager of Transit and Parking Services Date: August 02, 2019 Title: Amendments to By-Law No. T-7, A By-law Relating to Parking Meters, Parking Zones, and Pay and Display Machines Description: []

OPEN OR CLOSED SESSION: This issue is to be considered at an open session of Council-in-Committee.

ISSUE: With the introduction of Pay-by-Plate technology, By-law T-7, A By-law Relating to Parking Meters, Parking Zones, and Pay and Display Machines, requires amendments to ensure staff have the authority under the By-law to enforce Pay-by-License Plate zones. Additional amendments are required to facilitate the temporary enforcement of the York Street Carpark following the current rebuild using existing Pay-by-Space machines and to incorporate housekeeping amendments associated with the recent launch of Virtual Permits.

BACKGROUND: In June 2019, the Parking Master Plan was endorsed by City Council. The Plan identifies equipment modernization as a key priority to facilitate improved customer service, enhanced data collection and operational efficiency. Staff have assessed technical solutions and determined that Pay-by-License Plate technology is best suited for replacement technology in the York Street Carpark as well as other surface lots including the Queen Lot and Tannery Lot. Pay-by-License Plate parking is similar to Pay-by-Space parking in that customers enter their license plate number as the unique identifier instead of a space number to pay for parking they utilize. Installation of Pay-by-License Plate technology is planned in conjunction with the reconfiguration and expansion of the York Street Carpark.

DISCUSSION: The City currently uses Pay-by-Space technology and virtual payments for both on and off-street parking, with on-street spaces managed by single-space meters and off-street spaces managed by pay stations. Monthly parking is managed by the issuance physical hangtags and virtual permits. The Parking Services division is in the RFP process to purchase new parking equipment that will allow for the installation of Pay-by-Plate technology. Where this technology is used it will require a transition from individual space numbering to the creation of specific zones tied to locations/rates in order that customers can pay for the parking time they utilize.


Council-in-Committee – Open Session – August 12, 2019

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To ensure a smooth transition, both Pay-by-Space and Pay-by-Plate systems will be available temporarily until a full switch-over can be completed following a testing period to ensure the new equipment is working as intended. Work is currently taking place to expand and realign the York Street Carpark. As this work is completed and the lot reopens it is anticipated that there will be a period of time where some spaces will not have permanently affixed space numbers identifying them for the required payment while the new Pay-by-Plate technology has not yet been deployed. As such, temporary space numbers will be assigned to individual parking spaces to facilitate customer payment and associated enforcement using the existing Pay-by-Space machines. To facilitate this temporary measure, individual parking space numbers need to be added to Schedule “B” of the T-7 By-law, to allow for the continued payment and enforcement of parking. Staff plan to utilize a currently unused range of spaces numbered 3010-3390 to accomplish this. In addition, further amendments are required to facilitate the deployment of Pay-by-Plate technology along with housekeeping amendments to reflect the recent launch of Virtual Permits. These amendments include:

Amending the current term “Pay and Display Machine” to the term “Pay Station”;

Amending the current term “toll” to “fee”;

Amending the definition of Parking Permit and adding new definitions for “Virtual Payment” and “Virtual Parking Permit”

Clarification regarding the optional payment methods that can be used where Virtual Permits have been added;

Assign Parking Zone number 1000 to the York Street Carpark in Schedule “B”;

Repeal references to Brunswick Street Parking Lot and to Campbell Street Parking Lot;

Amend the current term “Campbell Close Parking Lot” to “Officers’ Square Parking Lot”;

Update the payment methods permitted under the By-law.

Following the successful rollout of Pay-by-Plate technology in the York Street Carpark, existing Pay-by-Space equipment will be removed along with associated space numbers/poles. This will be followed by further equipment upgrades to Pay-by-Plate technology in both the Queen and Tannery Lots.

COUNCIL POLICY: Council authorization is required to amend an existing By-law in accordance with COR-POL-033, Legislative Development and Interpretation, and as per the Local Governance Act, “all decisions of a council shall be (a) made in a regular ... meeting of the Council, and (b) adopted by a by-law or resolution of the council.”

FINANCIAL CONSIDERATION (Immediate Impact on Approved Budget): By-law amendments are required to facilitate the use of Pay-by-Plate technology, and for the configuration of additional temporary spaces in the York Street Carpark to ensure payment compliance and enforcement capability thereby minimizing impacts on potential revenue collection. The cost of Pay-by-Plate equipment will be covered through existing capital reserves as such there will be no immediate impacts on the current operating budget.

LEGAL CONSIDERATION: By-Law No. T-7, A By-law Relating to Parking Meters, Parking Zones and Pay and Display Machines requires amendments in order to give effect to City Council’s decision and enable enforcement of the proposed parking changes.

SUSTAINABILITY DUE DILIGENCE:

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the economic impact: The amendments will support the continued generation of parking revenue.

the environmental impact: The proposed Pay-by-Plate parking technology will predominantly operate using solar charging capability thereby reducing electrical power use compared to current Pay-by-Space machines.

the social impact: The adoption of a Pay-by-Plate system advances key objectives of the Parking Master Plan by making current and more efficient industry technology available to area residents.

COMMUNICATION PLAN: Parking Services staff will work with the Communications division to prepare messaging to notify the public of anticipated changes. SPOKESPERSON: Meredith Gilbert, Manager of Transit and Parking Services OPTIONS: 1. City Council may choose to approve and authorize the amendments to By-law No. T-7, A By-law

Relating to Parking Meters, Parking Zones, and Pay and Display Machines to: 1) replace the term “Pay and Display Machine” to “Pay Station”; 2) replace the term “toll” to “fee”; 3) add references to “Pay by Plate”; 4) add zone number to York Street Carpark under Schedule “B”; 5) amend the definition of “Parking Permit” and add new definitions for “Virtual Payment” and “Virtual Parking Permit”; 6) amend payment methods for parking; 7) add space numbers “3010 to 3390” to York Street Carpark under Schedule “B”; 8) remove all references to “Brunswick Street Parking Lot” and “Campbell Street Parking Lot” in Schedules “A” and “B”; 9) repeal the term “Campbell Close Parking Lot” and replace with “Officers’ Square Parking Lot” under Schedules “A” and “B”; 10) repeal the term “spaces 2001 to 2529 and 2701 to 2712” and replace with “Levels 0 and 3 to 6” to East End Garage under Schedule “C”, and 11) make any other required wording changes to facilitate enforcement of this By-law.

2. City Council may choose not to approve and authorize the amendments to By-law No. T-7, A By-law Relating to Parking Meters, Parking Zones, and Pay and Display Machines to enable all parking payments to be enforceable, to facilitate the use of Pay-by-Plate technology, and to incorporate housekeeping amendments pertaining to the recent introduction of Virtual Permits;

2. City Council may choose to provide other direction to staff.

RECOMMENDATION: It is recommended that the following resolution be forwarded to City Council for consideration:BE IT RESOLVED that the Council of the City of Fredericton hereby authorizes and directs the Legal Division to draft the appropriated by-law to amend By-law No. T-7, A By-law Relating to Parking Meters, Parking Zones and Pay and Display Machines to: 1) replace the term “Pay and Display Machine” to “Pay Station”; 2) replace the term “toll” to “fee”; 3) add references to “Pay by Plate”; 4) add zone numbers to York Street Carpark under Schedule “B”; 5) amend the definition of “Parking Permit” and add new definitions for “Virtual Payment” and “Virtual Parking Permit”; 6) amend payment methods for parking; 7) add space numbers “3100 to 3300” to York Street Carpark under Schedule “B”; 8) remove all references to “Brunswick Street Parking Lot” and “Campbell Street Parking Lot” in Schedules “A” and “B”; 9) repeal the term “Campbell Close Parking Lot” and replace with “Officers’ Square Parking Lot” under Schedules “A”

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and “B”; 10) repeal the term “spaces 2001 to 2529 and 2701 to 2712” and replace with “Levels 0 and 3 to 6” to East End Garage under Schedule “C”, and 11) make any other required wording changes to facilitate enforcement of this By-law. Prepared by: Meredith Gilbert, Manager of Transit and Parking Services Approved by: Dylan Gamble, Director of Engineering & Operations

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To: His Worship Mayor Mike O’Brien and Members of City Council

From: Meredith Gilbert, Manager of Transit and Parking Services Date: August 02, 2019 Title: ANBL Safe Rides Agreement 2019 Description: []

OPEN OR CLOSED SESSION: This issue is to be considered at a closed session of Council pursuant to Section 68(1)(c) of the Local Governance Act.

ISSUE: Fredericton Transit is seeking to partner with Harvest Jazz and Blues (HJB) and the New Brunswick Liquor Corporation (ANBL) to provide a safe rides program involving Fredericton Transit fixed route and Charter services for the 2019 Harvest Jazz & Blues Festival.

BACKGROUND: The City of Fredericton previously collaborated with ANBL and HJB in 2018 to provide safe ride services during the annual Harvest Jazz & Blues Festival. For the 2019 Harvest Festival, ANBL and HJB are again seeking to engage the City of Fredericton and Fredericton Transit as a Safe Rides program partner. The purpose of the ANBL Safe Rides program is to encourage people to take a publicly offered, free transportation service home, rather than driving a car, following their participation in HJB Festival events. Given that alcohol is available for purchase within the Festival tents, Safe Rides provides patrons with a safe transportation choice and mitigates the potential for drinking and driving associated with the Festival.

DISCUSSION: The proposed ANBL Safe Rides partnership is a joint partnership between Fredericton Transit, ANBL and HJB. The Safe Rides program would take place during the Thursday, Friday and Saturday evenings of the 2019 Festival (September 12th – September 14th). Specifically, on the specified dates Fredericton Transit will provide free transit service to the general public on all regular Fredericton Transit routes between the hours of 6:00 p.m. until close of regular service around 11:00pm. This will allow current transit passengers the benefit of free travel during this time, and will also encourage HJB patrons to use transit, rather than a car, when making their way downtown to enjoy the Festival. Fredericton Transit will also provide Chartered transit service using four (4) buses during these three evenings from 11:00 p.m. to 3:00 a.m. The Chartered service will allow patrons enjoying the HJB events that take place later in the evening to utilize the Safe Rides service for their return trip. Fredericton Transit will also work with HJB and ANBL to install signage options for displaying and promoting the Safe Rides program on the Chartered buses during the Festival. Primary changes in the 2019 draft Agreement compared to the 2018 Agreement involve the inclusion of a fourth transit bus and a change in the free fixed route offering from a 5:00pm start time to a 6:00pm start


Council-in-Committee – Closed Session – August 12, 2019

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time. The fourth bus is required based on staff’s experience operating the Safe Rides program in 2018. Peak demand during the late night charter service required the addition of a fourth bus. Staff have advised ANBL and Harvest that Transit staff capacity would make it challenging to offer expanded late night charter service exceeding four buses and have advised that any additional demand would require the support of private charter services. The free service time change still ensures the vast majority of Harvest Festivals patrons can utilize the free service to arrive downtown in alignment with scheduled evening shows and festivities. Fredericton Transit estimates that typical revenues that would be accrued during the Thursday to Saturday, 6:00 p.m. to close of regular service would be approximately $5,766.75. In addition, the cost of the Chartered transit service would be $7,176.00. As part of the partnership agreement HJB has committed to pay Fredericton Transit the sum of $12,942.75 for offering the specified transit services. In addition, HJB will provide one security guard on each of the four Chartered transit buses. The security guards will serve as a Festival ambassador by helping to direct Festival patrons onto the correct buses, communicating with the Transit Operator if there are any issues with passengers such as accessing destinations, mitigating any issues that may arise on the buses that would affect the safety of passengers or the Operator, and providing bottles of water to passengers. Offering water to passengers is a core tenet of the ANBL Safe Rides program as a measure to help rehydrate patrons who have been attending festivals. Receptacles will be provided on buses for bottle recycling. From staff’s perspective there are numerous benefits to the proposed partnership:

Provides a mechanism to ensure people return home safely;

The free transit service makes Safe Rides accessible to all and supports the family friendly nature of the HJB festival;

Enhances the sustainability of the Festival by providing an alternative to use of personal vehicles for travel to/from the festival;

Offers an alternative to using personal vehicles given that the Officers Square and York parking lots, as well as on-street parking in portions of the downtown, are not available during the Festival;

Free transit offered from 6:00 p.m. to close of regular service on Fredericton Transit’s fixed route provides a good will gesture from HJB to residents of the City who may find the Festival disruptive to their regular travel;

Encourage City residents to use and become familiar with the established fixed route transit service; and,

Provides travel alternatives to support taxi services throughout the busiest evenings of the Festival.

In addition to the above, as an official partner of ANBL’s Safe Rides programming, Fredericton Transit’s logo will be included on promotional materials associated with the HJB Festival to be displayed in ANBL retail locations. Detailed Charter route maps and information regarding the fixed route transit schedule will also be included in the HJB 2019 website and printed schedules.

COUNCIL POLICY: The propose partnership Agreement is not subject to a specific Council Policy.

FINANCIAL CONSIDERATION (Immediate Impact on Approved Budget): There are no immediate short term or long term financial impacts associated with this partnership Agreement. HJB will pay Fredericton Transit for the cost of providing this service.

LEGAL CONSIDERATION:

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The Office of the City Solicitor assisted the Transit and Parking Services Division with the preparation of the partnership Agreement. A draft copy of the Agreement between the City of Fredericton, ANBL and Harvest Jazz & Blues Inc. is attached for your consideration and approval.

SUSTAINABILITY DUE DILIGENCE: the economic impact: There are no anticipated financial impacts associated with this partnership

Agreement.

the environmental impact: The proposed partnership Agreement supports sustainable transportation practices associated with the HJB festival by reducing traffic congestion and providing an alternative to the use of personal vehicles for travel to/from the Festival. Although water bottles will be distributed to passengers using the chartered bus service, this practice supports the health and safety of event patrons by encouraging rehydration. Collection receptacles for recycling empty bottles will be provided on buses.

the social impact – The offer of free transit service to all passengers using Fredericton Transit’s fixed route service from 6:00pm to close during the Thursday, Friday and Saturday evenings of this year’s Festival provides a benefit to community members who would otherwise have to pay for Transit service during this time.

COMMUNICATION PLAN: The Transit and Parking Services Division has been collaborating with Corporate Communications to prepare a news release, with input from ANBL and HJB, for distribution to media and promotion on social media pending City Council’s approval of this Agreement. ANBL and HJB are primarily responsible for promoting the ANBL Safe Ride program.

SPOKESPERSON: Meredith Gilbert, Manager of Transit and Parking Services OPTIONS: The following options are available for City Council’s consideration regarding this matter:

1. That City Council support entering into a Free ANBL Safe Rides partnership Agreement with ANBL and HJB to allow Fredericton Transit to provide fixed route and chartered transit service during the 2019 Harvest Jazz and Blues Festival;

2. That City Council not support entering into a Free ANBL Safe Rides partnership Agreement with ANBL and HJB to allow Fredericton Transit to provide fixed route and chartered transit service during the 2019 Harvest Jazz and Blues Festival;

3. That City Council provides other direction to staff.

RECOMMENDATION: It is recommended that the following resolution be forwarded to City Council for consideration:BE IT RESOLVED that the Council of the City of Fredericton approves and authorizes the Freen ANBL Safe Ride partnership Agreement between the City of Fredericton, the New Brunswick Liquor Corporation, and Harvest Jazz and Blues Inc. from September 12, 2019 to September 14, 2019 for the purpose of providing fixed route and chartered transit services during the 2019 Harvest Jazz and Blues Festival; AND BE IT FURTHER RESOLVED that the Mayor and City Clerk be authorized to execute the necessary legal documents to facilitate this transaction.

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Prepared by: Meredith Gilbert, Manager of Transit and Parking Services Approved by: Dylan Gamble, Director of Engineering & Operations /Attachments: ANBL Safe Rides 2019 Final Draft Agreement

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THIS AGREEMENT made in triplicate this _____ day of August, 2019. BETWEEN: THE CITY OF FREDERICTON, a municipal

corporation, by virtue of the Local Governance Act, S.N.B. 2017, c. 18, having its head office at 397 Queen Street, City of Fredericton, Province of New Brunswick, hereinafter referred to as the “City”,

- AND -

NEW BRUNSWICK LIQUOR CORPORATION, a crown corporation of the Province of New Brunswick, having its head offices at 170 Wilsey Road, City of Fredericton, Province of New Brunswick hereinafter referred to as “ANBL”,

- AND -

HARVEST JAZZ & BLUES FESTIVAL INC., a duly incorporated company under and by virtue of the laws of the Province of New Brunswick, having its head offices at the City of Fredericton, Province of New Brunswick hereinafter referred to as “HJB”. (hereinafter referred to collectively as the “Parties”)

WHEREAS HJB operates to promote, preserve and encourage interest in the cultural appreciation of the jazz and blues music forms in the Fredericton region. Further, it presents an annual Harvest Jazz and Blues Festival (“Festival”) each September that incorporates live performances and educational workshops in multiple venues in Fredericton, NB; AND WHEREAS HJB has entered into a partnership agreement with ANBL; AND WHEREAS HJB and ANBL wish to provide free shuttle services (“Free ANBL Safe Ride”) to patrons attending the 2019 Festival; AND WHEREAS the City is engaged in providing transit services within its boundaries; AND WHEREAS the “Free ANBL Safe Ride” allows for the marketing and promotion of Fredericton Transit for purposes of increasing ridership on its regular fixed-route service; AND WHEREAS the Parties entered into a similar agreement in the past and wish to continue the partnership to provide the Free ANBL Safe Ride program during the 2019 Festival;

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WITNESSETH THAT in consideration of the mutual covenants and agreements herein contained, the Parties hereto agree, one with the other, as follows:

1. PURPOSE

1.1 The purpose of this Agreement is to set forth the obligations of the City, ANBL and HJB with respect to the Free ANBL Safe Ride program during the 2019 Festival.

2. AGREEMENT TERM

2.1 The term of this Agreement begins on Thursday, September 12, 2019 and ends on Sunday, September 15, 2019 inclusive (“Term”).

3. CITY OBLIGATIONS

3.1 The City shall: (a) provide free transit service to the general public on all regular Fredericton Transit

fixed routes between the hours of 6:00 p.m. until the last route of the day (occurring near 11:00 p.m.) during the Term of this Agreement;

(b) provide four (4) Fredericton Transit buses for chartered routes; (c) determine the routes taken by the chartered transit buses between the hours of

11:00 p.m. to 3:00 a.m. during the Term of this Agreement; (d) provide free transit service to the general public on the chartered transit routes

between the hours of 11:00 p.m. and 3:00 a.m. during the Term of this Agreement;

(e) authorize the presence one (1) security guard on each of the four (4) chartered

transit buses between the hours of 11:00 p.m. and 3:00 a.m. during the Term of this Agreement;

(f) provide one (1) staff person to be on the ground for volunteer coordination and

communication with Transit drivers, as required, between the hours of 11:00 p.m. and 3:00 a.m. during the Term of this Agreement;

(g) provide HJB with the Fredericton Transit logo which shall be used on Free ANBL

Safe Ride promotional material no later than the end of business day of August 15, 2019;

(h) authorize ANBL to stock bottles of water on the chartered transit buses to

distribute to the general public riding said chartered transit buses; (i) authorize ANBL to place recycling receptacles on the chartered transit buses to

collect empty bottles of water; and

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(j) return the empty bottles of water collected on the chartered transit buses to a recycle depot.

4. ANBL OBLIGATIONS

4.1 ANBL shall:

(a) provide the City with bottles of water which will be distributed to the general public on all four (4) chartered buses;

(b) provide recycling receptacles to collect the empty bottles of water; and

(c) promote Free ANBL Safe Ride within its retail locations throughout the Province

of New Brunswick as part of the ANBL and HJB summer promotions campaign; and

(d) provide two (2) volunteers to assist with rider coordination and customer service

between the hours of 11:00 p.m. and 3:00 a.m. during the Term of this Agreement.

5. HJB OBLIGATIONS

5.1 HJB shall:

(a) pay to the City the sum of Twelve Thousand Nine Hundred and Forty-Two Dollars and Seventy-Five Cents ($12,942.75) in the manner described in Section 7 of this Agreement;

(b) engage the services of a security company and ensure one (1) security guard is present on each of the four (4) chartered transit buses between the hours of 11:00 p.m. and 3:00 a.m. during the Term of this Agreement;

(c) include the Fredericton Transit logo as part of promotional materials that are

related to the Free ANBL Safe Ride program;

(d) include information detailing the Free ANBL Safe Ride chartered transit routes on the HJB website and in HJB printed schedules; and,

(e) cover the cost of any signage used to denote which Fredericton Transit buses

are being used for the chartered Free ANBL Safe Ride service.

6. PAYMENT

6.1 HJB agrees to pay the City of Fredericton the total sum of Twelve Thousand Nine

Hundred and Forty-Two Dollars and Seventy-Five Cents ($12,942.75) inclusive of HST, in the following manner:

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(a) Fifty percent (50%), being Six Thousand Four Hundred and Seventy-One Dollars and Thirty-Eight Cents ($6,471.38), paid no later than September 6, 2019; and

(b) Fifty percent (50%), being Six Thousand Four Hundred and Seventy-One Dollars and Thirty-Seven Cents ($6,471.37), paid no later than September 20, 2019.

7. INVOICING

7.1 The City shall invoice HJB at the address indicated under the Section 10 of this Agreement.

8. INSURANCE

8.1 The City shall:

(a) for the term of this Agreement and at its own expense, acquire and maintain from an insurance company licensed to do business in the Province of New Brunswick, insurance policies as follows:

(i) a Comprehensive General Liability insurance policy having a limit of

liability of not less than Five Million Dollars ($5,000,000) per occurrence.

(b) All policies of insurance shall name the “Harvest Jazz and Blues Inc” as an additional insured, and any other party required by HJB as an additional insured, and such policies shall contain a provision stating that each policy will not be cancelled or permitted to lapse unless the insurer notifies HJB in writing at least thirty (30) days prior to the date of cancellation or lapse.

(c) The City shall provide a Certificate of Insurance to HJB as requested no later

than September 11, 2019.

(d) The City convenants to indemnify and hold harmless HJB, its directors, employees, contractors, subcontractors, agents and officials from and against any and all actions, damages, debts, accounts, claims and demands which may be brought against it resulting from this Agreement.

8.2 HJB shall:

(a) for the term of this Agreement and at its own expense, acquire and maintain from

an insurance company licensed to do business in the Province of New Brunswick, insurance policies as follows:

(j) a Comprehensive General Liability insurance policy having a limit of

liability of not less than Five Million Dollars ($5,000,000) per occurrence.

(b) All policies of insurance shall name the “City of Fredericton” as an additional insured, and any other party required by the City as an additional insured, and

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such policies shall contain a provision stating that each policy will not be cancelled or permitted to lapse unless the insurer notifies the City in writing at least thirty (30) days prior to the date of cancellation or lapse.

(c) HJB shall provide a Certificate of Insurance to the City no later than September 11, 2019.

(d) HJB convenants to indemnify and hold harmless the City, its directors,

employees, contractors, subcontractors, agents and officials from and against any and all actions, damages, debts, accounts, claims and demands which may be brought against it resulting from this Agreement.

9. TERMINATION OF CONTRACT

9.1 The City reserves the right to terminate this Agreement with Thirty (30) days notice for any reason.

10. NOTICES

10.1 Any notice to be given pursuant to this Agreement shall be in writing and may be delivered by registered mail, email or delivered personally to the Parties hereto as follows:

To the City: To ANBL: Fredericton Transit New Brunswick Liquor Corporation 470 Saint Mary’s Street 170 Wilsey Road Fredericton, NB E3A 8H5 Fredericton, NB E3B 5B8 Attention: Meredith Gilbert Attention: Thomas Tremblay Email: [email protected] Email: [email protected] To HJB: Harvest Jazz and Blue Festival Inc. 73 York Street Fredericton, NB E3B 3N4 Attention: Lucas Hicks Email: [email protected] Or delivered to such other person or faxed or emailed or sent by registered mail to such other address as any Party may designate for itself by notice given in accordance with this Section.

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Any such notice shall be deemed to have been given and received on the day on which it was delivered or transmitted or if such day is not a business day, on the next following business day.

11. ADDITIONAL TERMS AND CONDITIONS

11.1 Sections and Headings – The division of this Agreement into sections and the insertion of headings are for convenience of reference only and shall not affect the interpretation of this Agreement.

11.2 Entire Agreement – This Agreement constitutes the entire Agreement between the

Parties with respect to the subject matter hereof and supersedes all prior agreements, understandings, negotiations and discussions, whether written or oral. There are no conditions, covenants, agreements, representations, warranties or other provisions, express or implied, collateral, statutory or otherwise, relating to the subject matter hereof except as herein provided.

11.3 Amendments – If at any time during the continuance of this the Parties shall deem it

necessary or expedient to make any alterations or additions to this Agreement they may do so by means of an executed written Agreement between them which shall be supplemental to and form part of this Agreement.

11.4 Applicable Law – The Parties acknowledge and agree that this Agreement shall be

governed by, construed and enforced in accordance with the laws of the Province of New Brunswick. The courts of the Province of New Brunswick shall have exclusive jurisdiction to adjudicate any dispute arising under or in connection with this Agreement.

11.5 Severability – If any provision of this Agreement is determined by a court of competent

jurisdiction to be invalid, illegal or unenforceable in any respect, such determination shall not impair or affect the validity, legality or enforceability of the remaining provisions hereof, and each provision is hereby declared to be separate, severable and distinct.

11.6 Successors and Assigns – This Agreement shall enure to the benefit of and shall be

binding on and enforceable by the Parties. The Parties shall not assign any of their rights or obligations hereunder.

11.7 Waiver – No breach of any provision of this Agreement shall be waived except with the

express written consent of the Party not in breach.

11.8 Interpretation – In this Agreement, a reference to a statute or statutory provision includes a reference to that statute or statutory provision as modified, consolidated and/or re-enacted from time to time; and any subordinate legislation made under that statute or statutory provision.

11.9 Dispute Resolution – The Parties hereto expressly agree that any dispute arising from

the operation or interpretation of this Agreement shall be submitted to binding arbitration. Any submission hereunder shall be to a Board of three arbitrators, one to

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be appointed by each Party and the third to be appointed by the appointees of the parties. The Arbitration Act, S.N.B. 2014, c. 100 shall govern any arbitration hereunder.

11.10 Right to Information – The Parties acknowledge that the City and ANBL are subject to

the Right to Information and Protection of Privacy Act (S.N.B. 2009, c. R-10.6), and as such, disclosure and confidentiality obligations are governed thereunder.

11.11 No agency - Nothing in this Agreement creates, implies or evidences any joint venture between the Parties, or a relationship between them of principal and agent. The Parties do not have any authority to make any representation or commitment, or to incur any liability, on behalf of the others.

11.12 Force Majeure – The Parties to this Agreement shall not be liable to the others for any

failure or delay in performance by circumstances beyond its control, including but not limited to acts of God, fire, war, terrorism, labour difficulties, strikes, lock-outs or governmental action. The Parties will not be held responsible for any damages or delays as a result of war, invasions, insurrection, demonstrations, labour relations, strike action by employees or contractors, fire, floods, or as a result of a decision by civilian or military authorities, decision of regulatory authorities or generally, as a result of any event that is beyond the Parties’ reasonable control, each of which shall be considered a force majeure event.

11.13 Legal Counsel- The Parties acknowledge and agree that they have had the opportunity

to have this Agreement reviewed by their respective legal counsel.

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK

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IN WITNESS WHEREOF the parties have caused their corporate seals to be affixed hereto and this Agreement to be executed by their duly authorized officers on the date first above-written. THE CITY OF FREDERICTON _______________________________ Michael G. O’Brien Mayor ________________________________ Jennifer Lawson Murray City Clerk NEW BRUNSWICK LIQUOR CORPORATION _________________________________ Mark Barbour Manager of Communications and

Public Relations HARVEST JAZZ & BLUES FESTIVAL INC. ___________________________________ Kerry Wells

2019 Festival Chair

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To: His Worship Mayor Mike O’Brien and Members of City Council From: Councillor Kate Rogers and Councillor Greg Ericson Date: August 06, 2019 Title: Ad Hoc Committee on Gender Diversity – Terms of Reference Description: []

OPEN SESSION: This issue is to be considered at an open session of Council-in-Committee.

ISSUE: There is a desire by City Council to improve the diversity of its appointments to Council Committees and external committees.

BACKGROUND: The need for greater gender and diversity representation has been discussed at the Council level recently and is one of the pillars of the corporation’s Human Resources Tactical Plan. Council recognizes that diversity in representation leads to better decision making.

DISCUSSION: The focus of this Committee is on gender, recognizing that there is also a need to extend this work to diversities such as ethnocultural background, socioeconomic background, age, orientation, etc.

COUNCIL POLICY: Council authorization is required as shown in GOV-OP-070, Council Appointments to Boards, Commissions, and Committees.

FINANCIAL CONSIDERATION: The approval of the Terms of Reference of the Working Committee will not produce an impact on the City’s budget.

LEGAL CONSIDERATION: The Department/Division has determined that there are no legal considerations associated with this matter. The Office of the City Solicitor was not specifically consulted with respect to this administrative report.


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SUSTAINABILITY DUE DILIGENCE: The Ad Hoc Committee on Gender Diversity will have a positive social impact as it will provide recommendations to assist with having gender diverse appointmesnts to Council Committee and external committees appointed by Council.

COMMUNICATION PLAN: The committee will work with Corporate Communications for any communications requirements.

SPOKESPERSON: Councillor Kate Rogers and Councillor Greg Ericson

OPTIONS: The options are:

(a) To approve the creation of the Ad Hoc Committee on Gender Diversity and adopt the terms of reference;

(b) To not approve the creation of the Ad Hoc Committee on Gender Diversity and not approve the Terms of Reference; or

(c) To provide other direction to Staff.

RECOMMENDATION: It is recommended that the following resolution be considered by City Council for adoption: BE IT RESOLVED that the Council of the City of Fredericton authorizes and directs the creation of an Ad Hoc Committee on Gender Diversity and BE IT FURTHER RESOLVED THAT the Council of the City of Fredericton authorizes and adopts the attached Terms of Reference for the Ad Hoc Committee on Gender Diversity. Prepared by: Jennifer Lawson Murray, City Clerk Approved by: Chris MacPherson, CAO /Attachments – Terms of Reference for the Ad Hoc Committee on Gender Diversity

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AD-HOC COMMITTEE ON GENDER DIVERSITY

TERMS OF REFERENCE

MANDATE

To provide recommendations to Council on issues addressing:

1. Gender sensitivity within Council, Council Committees, and on committees that

require approval of Council

2. Gender representation on Council Committees, and on committees that require

the approval of Council.

VALUE STATEMENT

The City of Fredericton recognizes the need for diversity in local government and wants

to develop a Council and committee composition reflective of the local community.

Diversity creates a mixture of backgrounds, demographics and competencies and

recognizes the value of individual competencies, experience and perspectives in

improving government efficiency and effectiveness, and meeting public servants’

professional expectations.

TERMS OF REFERENCE

The Working Committee will focus on providing recommendations to Council for

suggestions on how to achieve gender representation on Council and city/external

committees that Council appoints. The term committee will provide its

recommendation no later than May 2020.

COMPOSITION

The following representatives will form the Ad-Hoc Working Committee and will serve

for the term:

Two members of City Council recommended by the Mayor.

Two community members with exerptise in gender issues.

One City of Fredericton staff person.

The Working Committee will chose a chair at its first meeting.

PROCEDURES

The Working Committee will be advisory in nature and will function according to the

following guidelines:

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Regular meetings with set agendas should not exceed two hours in length.

The Working Committee will decide the time and frequency of meetings.

A simple majority of members shall comprise a quorum; in the event of a tie

vote, the chairperson (other co-chair) will be given a second or casting vote.

The minutes of the meeting shall be forwarded to the City Clerk’s Office, the Mayor, the City Council, , and they shall be made available to the public at City

Hall through the Clerk’s office..

The Office of the City Clerk will supply the necessary clerical support and

resources.

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