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2013-09-16_Agenda Packet--Dossier de l'ordre du jour
r. City of Saint John Common Council Meeting AGENDA Monday, September 16, 2013 6:00 pm Council Chamber Please use Chipman Hill entrance S'il vous plaft utiliser 1'entree Chipman Hill Si vous avez besoin des services en francais pour une reunion de Conseil communal, veuillez contacter le bureau du greffier communal au 658 -2862. Pages 1. Call to Order - Prayer 2. Approval of Minutes 2.1 Minutes of September 3, 2013 1 -8 3. Approval of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 Voice and Data Communication Services for the City of Saint John 9-16 (Recommendation in Report) 5.2 Pipeline Crossing Agreement with Maritimes & Northeast Pipeline - Approximate 17-30 Crossing KP 90 +300 (Recommendation in Report) 5.3 Initiate Stop -Up and Closure of Public Streets South Market Wharf, Ward St. 31 -34 and Peters Wharf (Recommendation in Report) 5.4 Letter from R. Crosby: Request for Pageant Sponsorship (Recommendation: 35-35 Receive for Information) 6. Members Comments 7. Proclamation 7.1 National Day of Awareness and Action for Childhood Cancer in Saint John - 36-36 Week of September 21, 2013 1 Powered 6y: �`F►lL7 e 8. Delegations / Presentations 8.1 Saint John Board of Trade Presentation 9. Public Hearings 10. Consideration of By -laws 10.1 Third Reading Traffic ByLaw Amendment respecting Douglas Avenue On- Street Parking 10.2 Third Reading Zoning ByLaw Amendment - 304 Westmorland Road 10.3 Third Reading Zoning ByLaw Amendment - 2240 Red Head Road 10.3.1 Section 39 Conditions - 2240 Red Head Road 11. Submissions by Council Members 11.1 Providing Service and /or Help to Residents (Councillor Farren) 11.2 Budget Scheduling (Councillor McAlary) 11.3 Timing /Cancellation of Closed Committee of the Whole Session (Councillor McAlary) 11.4 investNB (Deputy Mayor Rinehart) 12. Business Matters - Municipal Officers 12.1 Saint John Water - Tandem Truck Replacement 12.2 Secondment Agreement - P3 Staffing 13. Committee Reports 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 16. Supplemental Agenda 17. Committee of the Whole 18. Adjournment 1 37-43 44-45 46-48 49-50 51 -51 52-52 53-53 54-54 55-55 56-57 58-70 City of Saint John Common Council Meeting Monday, September 16, 2013 Committee of the Whole 1. Call to Order Si vous avez besoin des services en frangais pour une reunion de Conseil communal, veuillez contacter le bureau du greffier communal au 658 -2862. Each of the following items, either in whole or in part, is able to be discussed in private pursuant to the provisions of subsection 10.(2)(4) of the Municipalities Act and Council / Committee will make a decision(s) in that respect in Open Session: 4:30 p.m. 8th Floor Boardroom City Hall 1.1 Approval of Minutes 10.2(4) 1.2 Approval of Minutes 10.2(4) 1.3 Financial Matter 10.2(4)(c) 1.4 ByLaw Violation 1.5 Land Matter 10.2(4)(d) 9 The City of Saint John Seance du conseil communal Le lundi 16 septembre 2013 18 h Salle du conseil Comite pWnier 1. Ouverture de la seance Si vous avez besoin des services en frangais pour une reunion de Conseil Communal, veuillez contacter le bureau de la greffiere communale au 658 -2862. Chacun des points suivants, en totalit6 ou en partie, peut faire l'objet d'une discussion en priv6 en vertu des dispositions pr6vues a Particle 10 de la Loi sur les municipalites. Le conseil /comit6 prendra une ou des d6cisions a cet 6gard au cours de la seance publique 16 h 30 — Salle de conference, 8e etage, hotel de ville 1.1 Approbation du proces- verbal — paragraphe 10.2(4) 1.2 Approbation du proces- verbal — paragraphe 10.2(4) 1.3 Question financiere — alin&a 10.2(4)c) 1.4 Infractions aux arretes 1.5 Question relative aux biens -fonds — alin6a 10.2(4)d) Seance ordinaire 1. Ouverture de la seance, suivie de la priere 2. Approbation du proces- verbal 2.1 Proces- verbal du 3 septembre 2013 3. Adoption de Pordre du jour 4. Divulgations de conflits d'interets 5. Questions soumises a Papprobation du conseil 5.1 Services de communication voix- donn6es pour The City of Saint John (recommandation figurant au rapport) 5.2 Convention entre la municipalit6 et la social Maritimes and Northeast Pipeline Management Ltd. relativement au croisement du gazoduc — croisement approximatif du gazoduc 90 et 300 (recommandation figurant au rapport) 5.3 Debut de fermeture et de barrage de rues publiques : quai South Market, rue Ward et quai Peters (recommandation figurant au rapport) 5.4 Lettre de R. Crosby — Demande de parrainage pour defile de beaute (recommandation : accepter a titre informatif) 6. Commentaires presentes par les membres 7. Proclamation 7.1 Journee nationale de sensibilisation au cancer chez 1'enfant a Saint John — Semaine du 21 septembre 2013 8. Delegations et presentations 8.1 Presentation de la Chambre de commerce de Saint John 9. Audiences publiques a 18 h 30 Etude des arretes municipaux 10.1 Troisieme lecture de la modification de 1'Arrete relatif a la circulation concernant le stationnement sur rue sur 1'avenue Douglas 10.2 Troisieme lecture de la modification de 1'Arrete de zonage 304, chemin Westmorland 10.3 Troisieme lecture de la modification de 1'Arrete de zonage — 2240, chemin Red Head 10.3.1 Conditions imposees par Particle 39 — 2240, chemin Red Head 11. Interventions des membres du conseil 11.1 Prestation de services ou de services d'aide aux residents (conseiller Farren) 11.2 Planification d'une seance pour le budget (conseillere McAlary) 11.3 Calendrier /annulation de la seance a huis clos du comite plenier (conseillere McAlary) 11.4 Investir NB (mairesse suppleante Rinehart) 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.1 Saint John Water — Remplacement des camions tandems 12.2 Entente de detachement — Dotation en personnel (P3) 13. Rapports deposes par les comites 14. Etude des sujets ecartes des questions soumises a 1'approbation du conseil 15. Correspondance generale 16. Ordre du jour supplementaire 17. Comite plenier 18. Levee de la seance 97- COMMON COUNCIL /CONSEIL COMMUNAL SEPTEMBER 3, 2013 /LE 3 SEPTEMBRE 2013 COMMON COUNCIL MEETING — THE CITY OF SAINT JOHN CITY HALL — September 3, 2013 - 6:00 P.M. Present: Mel Norton, Mayor Deputy Mayor Rinehart and Councillors Fullerton, Lowe, MacKenzie, McAlary, Merrithew, Norton, Reardon and Strowbridge - and - P. Woods, City Manager; M. Tompkins, Solicitor; G. Yeomans, Commissioner of Finance and Treasurer; W. Edwards, Commissioner of Transportation and Environment Services; Jacqueline Hamilton, Commissioner of Growth and Community Services; Amy Poffenroth, Deputy Commissioner Growth and Development Services; Sergeant G. Oram, Saint John Police; K. Clifford, Fire Chief; J. Taylor, Common Clerk; P. Anglin, Acting Deputy Common Clerk. Call to Order — Prayer Mayor Norton called the meeting to order and Rev. Wally Corey offered the opening prayer. 2. Approval of Minutes On motion of Councillor McAlary Seconded by Councillor MacKenzie RESOLVED that the minutes of the meeting of Common Council, held on August 12, 2013, be approved. Question being taken, the motion was carried. 3. Approval of Agenda On motion of Councillor McAlary Seconded by Councillor MacKenzie RESOLVED that the agenda of this meeting with the addition of items 16.1 Contract No. 2012 -30: Greenhead Road — Sanitary Lift Station "A" Replacement; 16.2 Uptown SJ: Mobile Signage letter be approved. Question being taken, the motion was carried. 4. Disclosures of Conflict of Interest Deputy Mayor Rinehart disclosed a conflict of interest on agenda items 17.1 and 17.3. 5. Consent Agenda 5.1 That as recommended by the City Manager in the submitted report M &C 2013- 190: Proposed Public Hearing Date 1666 Hickey Road, Common Council schedule the public hearing for the rezoning and Section 39 amendment application of Tom Smith (1666 Hickey Road) for Monday, September 30, 2013 at 6:30 p.m. in the Council Chamber, and refer the application to the Planning Advisory Committee for a report and recommendation. 5.2 That the request from the Saint John Inside Ride Committee to have a member of the Larson family make a five minute informational presentation on the importance of Childhood Cancer Awareness at the regular meeting of Saint John Common Council on September 16, 2013 be approved and also the request that Mayor Norton proclaim September 21st National Childhood Cancer Awareness and Action Day in Saint John and encourage residents to turn our city gold in as many creative ways as possible be approved. On motion of Deputy Rinehart Seconded by Councillor McAlary 97- COMMON COUNCIL /CONSEIL COMMUNAL SEPTEMBER 3, 2013 /LE 3 SEPTEMBRE 2013 RESOLVED that the recommendation set out for each consent agenda item respectively be adopted. Question being taken, the motion was carried. 6. Members Comments Council members commented on various community events. 7. Proclamation 7.1 Shinerama Saint John Week - September 2 -6, 2013 The Mayor proclaimed the week of September 2 -6, 2013 Shinerama Saint John Week in the City of Saint John. 7.2 Prostate Cancer Awareness Month On motion of Councillor McAlary Seconded by Councillor Mackenzie RESOLVED that Rev. Moore be permitted to present on Prostate Cancer Awareness Month. Question being taken, the motion was carried. 8. Delegations /Presentations 8.1 Multi -City Transportation Working Group Presentation Councillor Reardon and Vibrant Communities Saint John presented on the transportation strategy initiative. 9. Public Hearings 6:30 P.M. 9.1 Proposed Zoning By -Law Amendment 304 Westmorland Road 9.1.1 Planning Advisory Committee report recommending Rezoning The Common Clerk advised that the necessary advertising was completed with regard to amending the Zoning By -Law of The City of Saint John by adding to the list of zones in Section 30(1); adding Section 740(28) "Special Zone #28 (SZ -28)" and Zone Standards; and by rezoning a parcel of land with an area of approximately 3137 square meters, located at 304 Westmorland Road, also identified as being a portion of PID Numbers 00415422, 55026744, 55026736, 55026728, 55026710 and 55119648, from "RS -2" One and Two Family Suburban Residential to "SZ -28" Special Zone #28, with no objections being received. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of planning staff's report considered at its August 20`", 2013 meeting at which time the Committee recommended the rezoning of a parcel of land located at 304 Westmorland Road as described above. The Mayor called for members of the public to speak against the amendment with no one presenting. The Mayor called for members of the public to speak in favor of the amendment with Rick Turner, Hughes Surveys, presenting in favor. On motion of Deputy Mayor Rinehart Seconded by Councillor Merrithew RESOLVED that the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John" be amended by adding to the list of zones in Section 30(1); adding Section 740(28) "Special Zone #28 (SZ -28)" and Zone Standards; and by rezoning a parcel of land with an area of approximately 3137 square meters, located at 304 Westmorland Road, also identified as being a portion of PID Numbers 00415422, 55026744, 55026736, 55026728, 55026710 and 55119648, from "RS -2" One and Two Family Suburban Residential to "SZ -28" Special Zone #28, be read a first time. Question being taken, the motion was carried. I 97- COMMON COUNCIL /CONSEIL COMMUNAL SEPTEMBER 3, 2013 /LE 3 SEPTEMBRE 2013 Read a first time by title, the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John." On motion of Councillor McAlary Seconded by Councillor Reardon RESOLVED that the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John" be amended by adding to the list of zones in Section 30(1); adding Section 740(28) "Special Zone #28 (SZ -28)" and Zone Standards; and by rezoning a parcel of land with an area of approximately 3137 square meters, located at 304 Westmorland Road, also identified as being a portion of PID Numbers 00415422, 55026744, 55026736, 55026728, 55026710 and 55119648, from "RS -2" One and Two Family Suburban Residential to "SZ -28" Special Zone #28, be read a second time. Question being taken, the motion was carried. Read a second time by title, the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John." 10. Consideration of By -laws 10.1 Planning Advisory Committee report recommending Rezoning of 2240 Red Head Road 10.1.1 Proposed Zoning By -law Amendment (Tabled from July 29, 2013) On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that item 10.1.1 Proposed Zoning by- law Amendment — 2240 Red Head Road be lifted from the table. Question being taken, the motion was carried. On motion of Councillor McAlary Seconded by Councillor Merrithew RESOLVED that: 1) Common Council rezone a parcel of land having an area of approximately 1.5 hectares, located at 2240 Red Head Road, also identified as being PID Numbers 00337022,55050892 and a portion of PID Number 55183800, from "RFM" Rural Mobile Home to 1 -2" Heavy Industrial. 2) That, pursuant to the provisions of Section 39 of the Community Planning Act, the development and use of the aforementioned parcel of land, shall be subject to the following condition: a) The use of the property is limited to an access road, a freestanding sign and a gatehouse. 3) That Common Council request that the City Manager direct staff to review quantitative standards for the illumination of signs as part of the Zoning By -Law review process. 4) That Common Council request that the City Manager direct staff to review zoning standards for emergency and primary access roads as part of the Zoning By -Law review process. Question being taken, the motion was carried. On motion of Councillor McAlary Seconded by Councillor MacKenzie RESOLVED that the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John" amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 1.5 hectares, located at 2240 Red Head Road, also identified as being PID Numbers 00337022 55050892 and a portion of PID Number 55183800, from "RFM" Rural Mobile Home to 1 -2" Heavy Industrial, be read a first time. Question being taken, the motion was carried. 3 97- COMMON COUNCIL /CONSEIL COMMUNAL SEPTEMBER 3, 2013 /LE 3 SEPTEMBRE 2013 Read a first time by title, the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John." On motion of Councillor McAlary Seconded by Councillor Norton RESOLVED that the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John" amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 1.5 hectares, located at 2240 Red Head Road, also identified as being PID Numbers 00337022 55050892 and a portion of PID Number 55183800, from "RFM" Rural Mobile Home to 1 -2" Heavy Industrial, be read a second time. Question being taken, the motion was carried. Read a second time by title, the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John." 11. Submissions by Council Members 12. Business Matters - Municipal Officers 12.1 Legislative Modernization: City of Saint John Position Paper Phillippe Ouellette, Intergovernmental Affairs Officer, presented the report and responded to questions. On motion of Councillor McAlary Seconded by Councillor Norton RESOLVED that as recommended by the City Manager in the submitted report Legislative Modernization: City of Saint John Position Paper Common Council: 1. Adopt the City of Saint John's Position Paper on Legislative Modernization; 2. Direct the City Manager and Members of Council who participate in the Cities of New Brunswick Association to submit the final version of the City's Position Paper and continue to build pan - provincial collaboration; 3. Direct the Common Council ad hoc committee on legislative modernization and the City Manager to return to Common Council with any additional updates or developments linked local governance reform. Question being taken, the motion was carried. 12.2 Traffic By -Law Amendment— Douglas Avenue On- Street Parking (1st & 2 "d Reading) Consideration was given to a submitted report from the City Solicitor entitled "Traffic By- Law Amendment — Douglas Avenue On- Street Parking ". On motion of Councillor McAlary Seconded by Councillor MacKenzie RESOLVED that the by -law entitled, "A By -Law to Amend a By -Law Respecting Traffic on Streets in the City of Saint John made under the Authority of the Motor Vehicle Act, 1973, and amendments thereto," amending Schedule R List of Streets Excluded from Winter On- Street Parking Restriction and by amending Schedule B — No Parking Anytime, be read a first time. Question being taken, the motion was carried. Read a first time by title, the by -law entitled, "A By -Law to Amend a By -Law Respecting Traffic on Streets in the City of Saint John made under the Authority of the Motor Vehicle Act, 1973, and amendments thereto." On motion of Deputy Mayor Rinehart Seconded by Councillor McAlary 11 97- COMMON COUNCIL /CONSEIL COMMUNAL SEPTEMBER 3, 2013 /LE 3 SEPTEMBRE 2013 RESOLVED that the by -law entitled, "A By -Law to Amend a By -Law Respecting Traffic on Streets in the City of Saint John made under the Authority of the Motor Vehicle Act, 1973, and amendments thereto," amending Schedule R List of Streets Excluded from Winter On- Street Parking Restriction and by amending Schedule B — No Parking Anytime, be read a second time. Question being taken, the motion was carried. Read a second time by title, the by -law entitled, "A By -Law to Amend a By -Law Respecting Traffic on Streets in the City of Saint John made under the Authority of the Motor Vehicle Act, 1973, and amendments thereto." 12.3 Safer School Zones Program Tim O'Reilly, Manager Pedestrian and Traffic Services presented the report and responded to questions. On motion of Councillor MacKenzie Seconded by Councillor Strowbridge RESOLVED that as recommended by the City Manager in the submitted report M &C 2013 -180: Safer School Zones Program, Common Council: 1. Approve a Safer School Zones Program to be given priority within the Traffic Calming Policy; 2. Direct the City Solicitor to prepare the appropriate Traffic By -Law Amendments described in this report; 3. Direct City staff to seek the Provincial Registrar of Motor Vehicles' approval of establishing a School Zone on Loch Lomond Road; and 4. Refer resource requirements to implement this Safer School Zone Program to the annual General Fund Operating Budget approval process for consideration. Question being taken, the motion was carried 13. Committee Reports 13.1 Planning Advisory Committee: Subdivision (Freedom Court Street Vesting) - Churchill Boulevard On motion of Councillor Merrithew Seconded by Councillor MacKenzie RESOLVED that Common Council: Assent to one or more subdivision plans, in one or more phases, in general accordance with the submitted Vimy Estates Inc. Tentative Plan of Subdivision for the re- aligned Freedom Court, with respect to the vesting of the proposed public street and any required municipal services easements and public utility easements; and Authorize the preparation and execution of one or more City /Developer Subdivision Agreements to ensure the provision of the required work and facilities, including a temporary turnaround for Freedom Court and detailed engineering and drainage plans for the approval of the Chief City Engineer or his designate. Question being taken, the motion was carried. 13.2 Planning Advisory Committee: Street Names - Glen Falls Mobile Home Park Expansion On motion of Councillor McAlary Seconded by Councillor MacKenzie RESOLVED that Common Council amend the list of Official Street names and approve the following change: Add the new names bout Rex Hurley Boulevard, crois Seraphina Crescent, and rue Teed Street. 5 97- COMMON COUNCIL /CONSEIL COMMUNAL SEPTEMBER 3, 2013 /LE 3 SEPTEMBRE 2013 Question being taken, the motion was carried. 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 15.1 Stonehammer Global Geopark Request for Funding The City Manager remarked that the established process is to consider all funding requests during the Annual Budget deliberations. The City Manager was willing to provide an exception in this circumstance because there is a narrow time opportunity to receive 1/3 matching funds from ACOA. On motion of Deputy Mayor Rinehart Seconded by Councillor MacKenzie RESOLVED that the request for funding from Stonehammer Global Geopark be allocated, conditional on Stonehammer securing the funding from ACOA. Question being taken, the motion was carried. 16. Supplemental Agenda 16.1 Contract No. 2012 -30: Greenhead Road — Sanitary Lift Station "A" On motion of Councillor McAlary Seconded by Councillor Strowbridge RESOLVED that as recommended by the City Manager in the submitted report M &C 2013 -191: Contract 2012 -30, Greenhead Road - Sanitary Lift Station "A" Replacement be awarded to the low tenderer, Terraex Inc., at the tendered price of $242,842.65 (including HST) as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. 16.2 Uptown SJ: Mobile Signage letter On motion of Councillor McAlary Seconded by Councillor MacKenzie RESOLVED that the letter from Uptown SJ regarding mobile signage be referred to the Signage Committee. Question being taken, the motion was carried. (Deputy Mayor Rinehart withdrew from meeting) 17. Committee of the Whole 17.1 Ending Board Member's Terms on the Power Commission of Saint John On motion of Councillor McAlary Seconded by Councillor Reardon RESOLVED that the terms of Messrs. Christopher T. Titus and Bernard Desmond on the Board of Directors of the Power Commission of the City of Saint John be brought to an end effective September 3`d, 2013 and that a letter be sent by the Common Clerk to both Messrs. Titus and Desmond thanking them for their respective 16 and 13 years of continuous service. Question being taken, the motion was carried with Councillors Lowe and Strowbridge voting nay. 17.2 Ending Board Members Terms on Saint John Industrial Parks On motion of Councillor McAlary Seconded by Councillor Merrithew RESOLVED that the term of Mr. Claude McKinnon on the Board of Directors of Saint John Industrial Parks Ltd. be brought to an end X 97- COMMON COUNCIL /CONSEIL COMMUNAL SEPTEMBER 3, 2013 /LE 3 SEPTEMBRE 2013 effective September 3rd, 2013 and that a letter be sent by the Common Clerk to Mr. MacKinnon thanking him for his 12 years of continuous service. Question being taken, the motion was carried with Councillors Lowe and Strowbridge voting nay. 17.3 Appointments to the Power Commission of the City of Saint John On motion of Councillor McAlary Seconded by Councillor Merrithew RESOLVED that as recommended by the Committee of the Whole, having met on August 26, 2013, Council makes the following appointments: Power Commission of the City of Saint John: to appoint Brian Cunningham and Stephen MacMackin each for a three year term from September 3, 2013 to September 3, 2016. Question being taken, the motion was carried. (Deputy Mayor Rinehart reentered the meeting) 17.4 Review of ABCs — 6 year limit On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that the Common Clerk send a letter to all ABCs reminding them of the term limits set by Council in the October 29, 2012 motion and subsequently communicated to them. The letter should also note that Council will continue its review and termination of appointments exceeding the 6 year limit, except where Council judges the termination to be detrimental to the operations of the ABC. Question being taken, the motion was carried, with Councillor Lowe voting nay. 8.1 Multi City Transportation Group The City Manager advised that there is money available for the initiative in the Unspecified Grant. On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that Council approve the allocation of $10,000 from the Unspecified Grant conditional upon equal funding being committed from the other participating cities, to the Multi -City Transportation Working Group, to resource the development of: 1) A white paper on strong and effective public transportation policy and funding models, to inform the development of the New Brunswick Transportation Strategy; 2) A common brand strategy for New Brunswick's public transit operators, that is complimentary to existing individual operator brands and encourages the adoption of public transit; 3) Building community capacity in transportation across the province (through the development of subject- matter - expert groups; opening lines of communication between the participating urban centres, their transit operators; etc.). Question being taken, the motion was carried. On motion of Councillor McAlary Seconded by Councillor MacKenzie RESOLVED that Councillor Reardon act as the official City representative of the Multi -City Transportation Working Group, and act as co- chair with designated Councillors from the Cities of Fredericton and Moncton respectively, and remain in this role until the Working Group has completed its action plan. 7 97- COMMON COUNCIL /CONSEIL COMMUNAL SEPTEMBER 3, 2013/LE 3 SEPTEMBRE 2013 Question being taken, the motion was carried. 18. Adjournment On motion of Councillor MacKenzie Seconded by Deputy Mayor Rinehart RESOLVED that the Common Council meeting of September 3, 2013 be adjourned. Question being taken, the motion was carried. The Mayor declared the meeting adjourned at 7:40 p.m. Mayor / maire Common Clerk / greffier communal REPORT TO COMMON COUNCIL September 10th, 2013 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors City of Saint John SUBJECT: Voice and Data Communication Services for the City of Saint John Purpose The purpose of this report is to recommend that the City of Saint John, through the Province of New Brunswick's supply agreement, enter into agreements with Bell Aliant for the provision of unified voice communications and data Ethernet services that will meet increasing operational requirements communications in the City. Background Connectivity and a reliable communication system are a necessity of modern intelligent society. In addition today's communications are multifaceted and varied. Communications range from traditional telephones (Plain old telephone service - POTS) using copper lines to transmit analog conversations between two people; to video conference services that use meshed networks with fiber optic, wireless and copper lines transmitting signals to computers in multiple locations. An employee's communication tools have proliferated from a single office phone number to each employee having a desk phone, fax number, cell phone, instant messaging presence, email, voicemail, etc. These communication systems are critical business tools that need to connect employee to employee and connect citizens to their municipality. An efficient unified communication system is important tool powering a high performance municipality. In 2008 the City had 702 Centrex POTS phones and it was identified that the City was not effectively managing its landline telephone spend. Furthermore, the City's landline telephone system was not well positioned to be able to leverage current and upcoming technologies such as voice to email, Voice over Internet Protocol (VoIP), and Unified Communications. Over the course of 2009, the IT Service investigated alterative solutions and was inserted between the departments and the service provider. In early 2010 the City entered into a three year service contract with Bell Aliant to provide Centrex IP services for the City. Between 2008 and 2010 the City has reduced its phone lines from 702 to less than 600 through diligence and central management. A high performance municipality also needs to connect and monitor its assets, infrastructure, systems, and resources. City staff are distributed across more than 20 locations that all need high capacity reliable connectivity to the central City Hall. The City of Saint John is one of the largest geographical City's in Canada and has infrastructure and buildings distributed throughout its territory. Connecting infrastructure over a wide area and long distances that is both economical and reliable presents a real challenge. In 2009 the IT Service investigated building a private fiber network, however, it was cost extremely costly and would provide excessive capacity. Alternatively the City was eligible to leverage a provincial agreement for Wide Area Network (WAN) service through Bell Aliant. This service was affordable, did not require a large capital investment, and the capacity could be easily changed to meet operational requirements. The service contracts expired in 2013 and require review and resigning. Analysis Telephony The Centrex IP telephony system implemented in 2009 has and continues to serve the City's telephony requirements. Through diligent central management the City's telephone line count has been further reduced to 490 in 2013. The Centex IP system that is hosted by Bell Aliant is stable and has proved reliable for City business operations. However, Centrex IP system uses a proprietary communications signaling protocol that that was developed by Nortel and has since been sold. Bell Aliant has recently developed a hosted SIP Centrex system that uses the standard Session Initiation Protocol (SIP) commonly used in VoIP telephony systems. There are a number of advantages to implementing a SIP based VoIP telephony service. These include: • Cheaper and larger selections of telephone sets. • Improved support. • No reliance on technology and systems that are not being developed. • Ability to move from hosted to private telephony system more easily. In order to change to the Centrex SIP service the telephone sets purchased in 2009 will need to be upgraded and the network topology changed. By entering into an agreement with Bell Aliant these changes will require no City investment. As a result the City will continue to benefit from the $120,000 investment that was fully paid back in savings in 2012. In addition, the Bell Aliant Unified Communication agreement will maintain the City's VoIP telephony spend at $17 per line, and reduce traditional POTS from $32 to $23.25 per line (a saving of approximately $20,000 per year). Wide Area Network (WAN) The City maintains high capacity fiber optic Ethernet network connections between City Hall and 19 remote locations that include Fire Stations, Municipal Operation buildings, and Recreation facilities. The City spends $13,000 per month on these connections that enable VoIP telephony, access to financial systems, email access, shared drive access, system monitoring data to be stored centrally, CCTV, etc. In addition to day to day operations this network supports 10 emergency systems and systems that monitor public safety factors. As a result the network needs to be stable and reliable. Building a private City owned fiber optic network would be very expensive. The fiber optic cable alone costs approximate $8,000 per 100m, and this does not include installation and maintenance. This would result in network infrastructure capable of delivering bandwidths in excess of 50 GB which is largely not necessary for current City operations. For these reasons the City leverages a hosted Ethernet network service from Bell Aliant that is flexible and cost effective. The City is able to leverage Bell Aliant's Ethernet network services via a Province of New Brunswick supply agreement. The current supply agreement and adoption of the Ethernet Services agreement will reduce the City's network services costs by approximately $2,000 per month. This saving will be reinvested in network services to Community centers and recreation areas. By providing high capacity services to these locations the City will be able to connect City staff to City Hall more effectively, provide free public WiFi to these centers, and enhance security. The combination of the telephony and WAN agreements warrant a loyalty discount of 15% of the total spend in a 12 month period. Over the last 3 years the program resulted in a year budgeted discount of $58,000. This in affect reduces the telephony and WAN spend by a 15 %. Financial Implications By leveraging the Province of New Brunswick Supply Agreements with Bell Aliant for Unified Communications and Ethernet services and entering into 36 and 42 month agreements, respectively, the City can enhance its communication systems and improve public services without increasing costs. By entering into these agreements the City will be eligible to maintain its loyalty discount at 15 %. Input from Other Service Areas The City's Purchasing service has reviewed the attached agreement, and is supportive. The City's Legal service has reviewed the attached agreement, and is supportive. Conclusions The contracts will place the City in a strong position to remain an Information and Communications Technology leader in the province and communications to power the City's renaissance. It is recommended that the Mayor and Common Clerk be authorized to sign the necessary agreements for Telephony and WAN services for the City. 11 Resolutions 1. That the City enter into agreements with Bell Aliant Regional Communications, Limited Partnership for the delivery of : a. Unified Communications & Centrex Multi- Provincial Blended Rates Services Schedule the form as attached to this letter to Council. b. Bell Aliant Ethernet Services Schedule the form as attached to this letter to Council. c. Loyalty Discount Program Schedule the form as attached to this letter to Council. 2. That the Mayor and Clerk be authorized to execute the said agreement. Respectfully submitted, Brian Woods, M.Sc. Information Technology, Manager J. Patrick Woods, C.G.A. City Manager 12 Neil Jacobsen Commissioner of Strategic Services I! LI l�.�a Mester Services Agrao -at Number: CN -080] -8441 Services Schedule Number CN -1304 -2740] UNIFIED COMMUNICATIONS & CENTREX MULTI- PROVINCIAL BLENDED RATES SERVICES SCHEDULE Customer Name: City Of Saint John (the "Customer ) The services described in this Unified Communications & Centrex Multi- Provincial Blended Rates Services Schedule (the "Services Schedule") are provided in accordance with and governed by the Master Services Agreement between Customer and Bell Aliant Regional Communications, Limited Partnership ( "Bell Aliant "). Bell Aliant and the Customer agree that this Services Schedule is attached to and forms part of the Master Services Agreement and is governed by its terms and conditions, with effect from the data of execution of this Services Schedule by the Customer. Capitalized terms used but not defined in this Services Schedule have the meanings given to them in the Master Services Agreement. For the purposes of this Services Schedule, references to the "Agreement" shall include both the Master Services Agreement and the Services Schedule. 1. TARIFFED /REGULATED SERVICES a. Regulated Services: Regulated Services shall be provided in accordance with the applicable regulations and Tariffs. For Tariffed Services that become Forbome Services during the Service Term, the Services shall be provided in accordance with the terms of the Master Services Agreement and Services Schedule, and the rates charged for such Services shall be those set out in the applicable Tariffs on the day before the CRTC granted forbearance for the applicable Services. 2. TERM a. Initial Service Tenn: The Initial Service Term Is for a period of 36 months, effective August 1, 2011 b. Sallee Renewal Term: Bell Aliant will notify the Customer at least 60 days prior to the expiration of the Initial Service Term and seek the Customer's consent to renew this Services Schedule, on the same terms and conditions, for a term equal in length to the Initial Service Term. In the event the Customer does not respond to the renewal notice, or the notification is not received by the Customer, this Services Schedule shall automatically renew for consecutive Service Renewal Terms each equal to 30 days and may be terminated upon 30 days notice by either party. The Fees charged for the Services during each of the 30 day Renewal Terms shall be the month -to -month fees then in effect for the Services. c. Use of Servlee bevontl Service Term: If the Customer for any reason continues to use the Services after ME expiry or termination of this Services Schedule, the terms and conditions of the Agreement including this Services Schedule shall continue to apply for so long as the Customer uses the Services, except that the Fees shall be the month -lo -month fees then in effect for the Services. 3. SERVICE a. Definitions: L "Agee;. Lines" means together both Centrex access line, and Unified C— arnmicatons ( "UC ") access Pons. n. "Centrex Service" means the Centrex Services described in Appendix C to this Services Schedule. iii. "Change Request" means any installation or modification of hardware, system and application software, Proded,ma, and environmental facilities, which adds to, deletes from, or amnifes the Service delivery environment or its attached network. v "Demarcation Point" means the physical point that represents the division of responsibility between Bell Aliant and the Customer. Bell Aliant shall have no responsibility far procurement, installation, maintenance or performance of any hardware, software or other equipment components beyond the Demarcation Point, unless otherwise agreed to in writing by the parties. v. "Incident" means when a system or service is not working properly, when there is an unplanned interruption in a system or service or when items such as hardware, software, etc. have failed or fail to perform as expected. L "Incident Ticket" means the database record captured by Bell Aliant, which contains relevant information associated with a reported UC Service Interruption by either the Customer or by Bell Aliant, and which pertains to the interruption of a particular UC Service. vi. "Maintenance Windows" means the times when Bell Aliant may interrupt service to perform routine maintenance and upgrades to the UC Service. col "Mean Time to Restore TTR" )" ( "M means for a stated period in the life of a functional unit (a component of the network), the average time to restore a service to normal operating capabilities from the time that said Service Interruption is Identified by Bell Aliant or Bell Aliant receives a notification of outage from the Customer, each resulting in the creation of an Incident Ticket by Bell Aliant. Unified! Communications & Centrex Multi - Provincial Blended Rea as Services Schedule Version 1.0- 1304- 27407a Page 1 of 9 April 16, 2013 WlAhant Master S—ces Agreement Number CN- 0807-8441 Services Schedule Number CN -130 _'[27407 ml. Access Lines may be relocated to other (existing or new) Customer locations within the province they have been installed without payment of temminaton charges provided the relocated Access Lines remain part of the existing Services. w. If applicable, any additional service charges related to the relocation of the Services shall be charged at Bell Alianl'; then prevailing rates. v. One time charges may be applicable in provisioning the Packet Data Network. vi. Professional Services: Bell Aliant resources may be required to assist with aspects of the implementation of the UC Service. Upon acceptance from the Customer, any charges associated with professional services shall be charged at Bell Aliant then prevailing rates. All. Equipment: upon a mutually agreed technical design, any equipment deployed (optional and/or required) in the pro, ning of the UC Service, and unless otherwise specifai, shall be in addition to the UC Service and shall be procured through and procurement process between Bell Aliant and the Customer. c. Fees listed in this Services Schedule are exclusive of Sales and Use Tax. d. Minimum Commitment: L Minimum Commitment Minimum Commitment byProvince, The Fees in Section 4(a) are based on the Customer maintaining a combined minimum monthly commitment of Access Lines per province, as set out below: Location Minimum Number of Access Lines Nova Scotia N/A Prince Edward Island N/A Newfoundland and Labrador WA New Brunswick (see note 1) 550 Note 1: For New Brunswick, on the effective date of this Services Schedule the Customer agrees that there are 622 Access Lines in the Customer's system. The minimum monthly commitment is 90% of the initial number of Access Lines in the Customer's system. u. In Nova Scotia, Prince Edward Island and Newfoundland and Labrador, if, due to the removal of any Access Lines, the Customer falls below the minimum monthly commitment of Access Lines in each Province, the Customer shall continue to pay for the minimum number of Access Lines. Iii. In New Brunswick, Access Lines may be removed during the Service Tenn without incurring a termination penalty provided the number of Access Lines being removed does not exceed 10% of the initial monthly commitment as outlined in Section 4(d)(1) above provided at the effective date of the Initial Service Term. If the number of Access Lines removed exceeds 10% of the initial monthly commilmenL the Customer will be required to pay $25.00 per month per Access Line for all Access Lines removed in excess of 10% of the initial monthly commitment for the remainder of the Service Term. e. Termination: I. In Nova Scotia and Prince Edward Island, ff the Customer terminates all the Services during the Service Term, the Customer will be required to pay the total of the monthly rates per Access Line for each month of the unexpired portion of the Service Term. These termination charges will be applied to the minimum monthly commitment of Access Lines. It. In Newfoundland and Labrador, if the Customer terminates all the Services during the Service Term, the Customer will be required to pay the total of the monthly rates per Access Line for each month of the unexpired portion of the Service Tem. These manninomn charges will be applied to the initial group of Access Lines provided at the effective date and all additional locals added after the effective date. Iii. In New Brunswick, if the Customer terminates all the Services during the Service Term, the Customer will be required to pay the total of the monthly rates per Access Line for each month of the unexpired portion of the Service Teml. These termination charges will be applied to the initial monthly commitment of Access Lines plus all additional locals added after the effective date. Iv. Termination Charges: Termination charges shall be applied based on the lowest of the Monthly Fees for the Services set out in Section 4(a)(i)(1). I. Combined Forborne Access Line Commitment: . Mestr Srvices Agreemnt Number. CN -0807 -8441 I � Services Schedule Number CN -1304 -27407 viii. "Packet Data Bandwidth' means the rate of data transfer or throughput on a Packet Data Network tired in bits per second. It also encompasses the ability to prioritize transport of UC packets on a data network in order to ensure that there are minimum negative impacts to UC applications from traffic congestion /delay in receiving packets. ix "Packet Data Network" means an Internet Protocol ( "IP ") communication network that transports data to and from destinations using suitably formatted units / blocks of data called packets. x. "Services" means the Centrex Service and the UC Service together. A. "Service Day" means any calendar day, 24 hours a day, 365 days a year or 366 days during a leap year. A. "Service Interruption" means the interruption of UC Service to the Customer whether temporary, Intermittent or prolonged. x111. "UC Service" means the UC Service described in Appendix B to this Services Schedule. FEES a. Fees Schedule: I. Forborne Services: For Forborne Services, as of the execution dale of this Services Schedule, the onthly Fees per Access Line shall be (1) Fees: rates will be averaged in both the Tariffed and Forborne exchanges across the following locations: Location Description Monthly Fees New Bmnswick Centrex IP $17.00 UC -Office (Includes message manager) $22.50 UC- Mobile Office $27.50 UC- Executive Office $32.50 Centrex $23.25 (a) Upon request by the Customer, Message Manager shall be provided at $5.50 each. (b) UC -Office includes MS Lync integration. (2) Fees When Terminating on Multi -line Equipment, For access lines far which the Customer and Bell Alianl have executed aMulti -line Services Schedule, the rates per access line will be specified in that Services Schedule. Otherwise, the Fees per access line is Location Monthly Fees Nova Scotia $54.95 Prince Edward Island $61.25 Newfoundland and Labrador Band A $42.95, Band B1 $42.95, Band B2 $57.95 New Brunswick $53.95 (c) Newfoundland and Labrador. If applicable, equivalent line service of $1.95 is not included and is in addition to each central office or multi-line access so arranged. (d) New Brunswick: business link feature of $4.00 is not Included and Is In addition to the access line rate. b. Additional Fees and Equipment: L If applicable, any additional service charges related to the provisioning of the Services shall be charged at Bell Aliant's then prevailing rates. m. Access Lines may be added during the Service Term at the same rates as set out in Section 4(a) and for a period co- terminating with the Service Term. Unified Communications & Centrex Multi- ProNndal Blended Rates Services Schedule Version 1.0- 1304 - 27407. Page 2 of 9 Apfil 16, 2013 I I I V Master Saw.. Agreement Number CN- 080]-8441 Services Schedule Number CN- 1304-2]40] I. The Customer agrees to maintain no less than 80% of the total minimum monthly commitment Access Lines in Nova Scotia, Prince Edward Island, Newfoundland and Labrador and New Bmnswick in the Forborne exchanges. u. Should the Customer fail to meet the requirements of Section 4(f)(i) the average rate may need to be adjusted by Bell Aliant to ensure confinued compliance with the applicable Tariffs. 5. OTHER TERMS AND CONDITIONS a. The Customer acknowledges when using UC Service away from the user's work location of record, a 9 -1 -1 call is not a location based service and therefore the user must supply the operator with the address of where the emergency is taking place. The Customer Is required to review, and execute a copy of Appendix A attached to this Services Schedule. b. The Customers data network, a transmission facility between the UC Access Line provided by Bell Aliant and the Ethernet part at the Customer end, may be acquired from any supplier, special conditions may apply. a Bell Aliant is not responsible or liable when a modification made by the Customer to the Customer's data network results in operational problems with, or failure of the UC Service. The Customer shall be responsible, at the Customer's expense, for changes necessary to re- establish the UC Service. By signing below, Bell Aliant and the Customer agree that this Services Schedule is attached to and forms part of the Master Services Agreement. BELL ALIANT REGIONAL COMMUNICATIONS, LIMITED PARTNERSHIP by its General Partner Bell c. Regional Communications In City Of Saint John SIGNATURE: NAME: TITLE: I am authorized to bind Bell Aliant Regional Communications, Limited Partnership to the terms and condib ns of this Services Schedule. DATE: MAYOR: NAME: COMMON CLERK: I am authorized to bind Customer to the terms and conditions of this Services Schedule. RESOLUTION DATE: Untied Communications & Centrex Multi- Provincial Blended Rates Services Schedule Untied Communications & Centrex Multi - Provincial Blended Rates Services Schedule Version 1.0- 1304-27407, Page 3 of 9 April 16, 2013 Version 1.o- 1304-27407, Page 4 of 9 April 16, 2013 13 I ! 11 I a 1 I Master Services Agreement Number CN -0807 -8441 Services Schedule Number CW1304-27407 APPENDIX A TO UNIFIED COMMUNICATIONS & CENTREX MULTI - PROVINCIAL BLENDED RATES SERVICES SCHEDULE CONSENT TO 9 -1 -1 SERVICE RESTRICTIONS DIALED UC SERVICE To: Bell Aliant Regional Communications, Limited Partnership ( "Bell Aliant") From: City Of Saint John ('Customer") DATE: 1. The Customer has requested and Bell Aliant has agreed to provide the Customer with UC Service In accordance with applicable tariffs, including General Tariff - 21491, Item 364 UC Service; and Item 255 Standard Service Charges (collectively, the'Tariffs'). 2. Pursuant to the direction of the Canadian Radio - television and Telecommunications Commission Bell Aliant is required to notify the Customer of restrictions on 9-1 -1 emergency service dialed from UC Service and obtain the Customer's consent to such 9 -1 -1 restrictions prior to UC Service commencement. As such, important information regarding restrictions on 9 -1 -1 emergency service and UC Service r is set out below. This information is in addition to information set out in the Tariffs and may be subject to change. 3. Notice of Important Restriction on 91 1 Service dialed from UC Service. • Your 9 -1 -1 emergency call will go to an operator, you must provide your location (address) to the operator who will then route your call to the 9 -1 -1 response entre that serves the location you have provided. • Your 9 -1 -1 emergency call will not be automatically muted to a 9 -1 -1 response centre and your location information and phone number will not be automatically delivered to the 9 -1 -1 response entre. • The operator will not know where you are calling from unless you provide accurate location information (address) when asked. • The operator will not be able to complete your 9-1 -1 emergency call if you call from outside Canada or from a location within Canada not serviced by 9-1 -1. • 9 -1 -1 emergency calls from a PC, Mac Phone or UC mobile access application may take longer to be netted to the correct 9 -1 -1 response centre than calls made from a traditional wireline phone. • Your PC or Mac Phone is subject to your Internet and/or network availability which may be affected by power outages or other interupfions in service. • Whenever possible, use a traditional wireline phone for 9 -1 -1 emergency calls. • You should keep your address information current with Bell Aliant as the operator may assume that you are at the last registered address if you are not able to speak during a 9 -1 -1 call. • When making a 9-1 -1 call, do not hang up until told by the operator to do so, and call back if you are disconnected. • Make sum that you and any users of your PC, Mac Phone or UC mobile access application are familiar with the nature and limitations of 9 -1 -1 type calling on the UC Service. By signing below the Customer acknowledges that it has received notice of, and understands and consents lo, the 9 -1 -1 Restrictions set out in this Appendix A. City Of Saint John SIGNATURE: NAME: TITLE: DATE: Unted Communications & Centrex Multi - Provincial Blended Rites Services Schedule Version 1.0- 1304- 27407a Page 5 of 9 April 16, 2013 I 1 I I V Y. Master Sernces Agreement Number CN- 0807-8441 Services schedule Number CN -1030 _'[27407 (3) UC- Execulive Office Bundle: Executive Office bundle includes the following: (a) All functionality available in the UC Mobile Office bundle; plus (b) 15 port personal conference bridge which is an additional capacity beyond what is provisioned in the UC Mobile Office bundle; (c) The ability for assistant to monitor, transfer, or route incoming and outgoing calls. The assistant performs this functionality from a PC phone or IP phone. v. Addillonal Optional Features: Upon request from the Customer, Bell Aliant shall provide a list of standardized features and approved IP telephone sets to use with the UC Service. A. Design Standards: if required, and upon request from Customer, Bell Aliant shall provide UC Service design standards. SERVICE LEVELS a. UC Service Hours: The UC Service will be available 24 hours per day, 365 days per year minus defined Maintenance Windows as set out in Section 2(d) to this Appendix B. b. ServiceService Availability: L Design Standards and Responsibilities - Bell Aliant has designed service availability to reflect the vanous network components required to deliver the Service. The table below defines the two base Bell Aliant managed components of availability that affect overall performance as well as responsibility for each component: Network Cora orient Responsibility Availability Design Standard Comments Wide Area Network Bell Aliant 99.9 % - 99.999% The Transport can be either Etheme[ or (WAN) 4 Service of service, which typically affects Internet Protocol Virtual Pmale Network Hours multiple users. An entire location stare is down. and each will have their own availability 24 An Incident or event that affects depending on the specific configuration High Service multiple users, but is not mission- installed at the Customers site. Hours critical in nature. Higher availability may be achieved with An Incident that typically affects a. redundant WAN links. Core UC /Telephony Bell Aliant 99.999% three Atlantic Canadian switches that Infrastructure Service Days amund may be required to mature operations while the Incident is are fully redundant Note: There is a third component that affects the overall performance of the service which is the customer managetl Local Area Network (LAN). Based on the above, the availability of the UC service (excluding maintenance windows) from Bell Alien's ore UC infrastructure to the Bell Aliant demarcation point on the customer site is 99.899% in the case of a single WAN link, or 99.998% with redundant WAN links. MTTR Priority MTTR Description Example Service Days A mission critical component is out I working - e.g. call display/ Questions about features, configuration, etc. Critical 4 Service of service, which typically affects experiencing Customer or she is ex unacceptable or severe degradation Hours multiple users. An entire location stare is down. of UC Service or is completely down. 24 An Incident or event that affects Customer Or site is being Impacted High Service multiple users, but is not mission- but UC Service is still working -e.g. Hours critical in nature. Firmware isn't running/ one person is out of service. An Incident that typically affects a. 3 single user. A temporary work- One person's phone is down but Medium Service Days amund may be required to mature operations while the Incident is they have a work around - e.g. cell being resolved. Low 5 The user has an alternative while Noncritical phone feature isn't ! 11 I a 1 ' Master Services Agreement Number CN- 0807 -8441 Services Schedule Number CW1304 -27407 APPENDIX B TO UNIFIED COMMUNICATIONS & CENTREX MULTI- PROVINCIAL BLENDED RATES SCHEDULE UC SERVICE UC SERVICE a. Description of UC Service: L UC Service is a hosted IP telephony service provided on a per seat basis. The UC Service permits calls to and from the Public Switched Telephone Network ( "PSTN ") and is connected via a Packet Data Network. The UC Service requires the Customer to provide Packet Data Network of sufficient bandwidth and quality to support the UC Service. ii. Votw network access over Packet Data Network: The voice network access over a Packet Data Network portion of the UC Service provides the Customers transport facilities for vaice traffic between the Customer Local Area Network ( "LAN ") and Bell Aliant's UC Service. The UC Service Demarcation Point may vary depending upon the Customers Data Network design. The Demarcation Point definition is in Section 3(a)(m) of the Services Schedule. si. Packet Data Network Requirements: (1) Existina Bell Aliant Packet Data Network Customer: (a) Excess Packet Data Bandwidth Capacity: Customer agrees to ensure sufficient Packet Data Network bandwidth capacity is available at a site location, Customer further agrees Bell Aliant will utilize the spare capacity on the network and will require quality of serNce as per Bell Aliant spec'Ifications. If modifications are needed to the Customers Packet Data Network, any such modifications shall be mutually agreed upon by both parties and are subject to the Customer accepting Bell Aliant's design standards, made available as required to the Customer. iv. UC Service Bundle Options: The UC Service includes the following 3 bundle options: (1) UC -Office Bundle: The UC Office bundle includes the following: (a) UC Access Line with a telephone number; (b) On -Net Calling: UC telephone number to UC telephone number calling within the Customer's private network: (c) Access to basic features; (d) Voic mail and voicemail to email which is the ability to mceive voicemail messages as an attached file to the Customer's email; (e) Personal Agent which is a Bell Aliant web portal for user administration and management of the Customers individual telephone UC features such as call director. (2) UC- Mobile Office Bundle: Mobile Office bundle includes the following (a) All functionality available in the UC Office bundle; plus (b) Single number reach which is the ability to have multiple devices simultaneously ring when receiving inbound calls to your UC telephone number; (c) Personal Computer ( "PC ") phone with ability make and receive calls from PC, presence, and instant messaging and other features. UC Service allows the Customer the option to use its con Microsoft Lyric PC client. Upon request from Customer, Bell Aliant shall provide details of this option including specifications and design standards; (d) UC Mobile Access which is an application where the Customer has ability to make and receive calls on or from the Customers UC telephone number on the Customer mobile device including presence, and instant messaging and other features. Supported devices include Apple iPhone and Apple IPad. Upon request from the Customer, Bell Allant shall confirm availability of Android and Blackberry; (e) Call Gmbber is the ability to seamlessly transfer a live call between the Customers IP UC telephone, UC PC telephone or UC Mobile applications; (f) 6 port conferencing which is the ability to create a conference call by manually linking up to five additional users in a random /adhoc manner; (g) 10 port personal w,femnce bridge which is an always an 7,24 conference bridge assigned to the Customers UC telephone number. Unified! Communications & Centrex Multi- Provincial Blended Rates Services Sch.dul, Version 1.0- 1304 - 27407. Page 6 of 9 April 16, 2013 I I I I I �. L Master Services Agreement Number CN- 0807-8441 Services Scbedule Number CN- 1304-2740] Priority MTTR Description I Example Service Days I the UC Service is being resolved. I working - e.g. call display/ Questions about features, configuration, etc. Note to MTTR: MTTR applies only to Packet Data Networks provided by Bell Aliant. d. Maintenance Windows, I. Bell Allan's Maintenance Windows for Customer impacting UC Service change activities will be Monday, Tuesday and Thursday, 12:OOAM to 6:OOAM Atlantic Standard Time ( "AST /ADT'). Bell Aliant will avoid change activity on Saturday— Sunday from 12:OOAM — 6:OOAM AST /ADT but reserves the right to perform major release activifes during this time 2 or 3 times per year if required. Maintenance Windows impacting routers and frewalls may be scheduled for Wednesday or Friday from 12:OOAM- 6:OOAM AST /ADT. Maintenance Window for Bell Aliant Packet Dale Network is Sunday tam — Sam AST /ADT. h. The duration of the actual UC Service interruption will vary depending on the maintenance activity and will be noted in the Change Request. e. Incident Management: The Customer is responsible to provide an internal incident management group that will act as first point of contact for the Customers end -user reported Incidents (the `Customer Incident Management Group "). The Customer Incident Management Group will triage Incident reports and provide basic first call re solution troubleshooting. ii. The Bell Aliant Enterprise Service Desk ( "ESD ") is responsible for being the prime point of contact within Bell Aliant for notifcation of any Incidents from the Customers Incident Management Group only. All non - critical calls received from the Customer other than from the Customer Incident Management Group will be directed to call the Customer Incident Management Group. The ESD will create and track an Incident Ticket until the Incident has been resolved. ESD will create and assign Incident Tickets to the appropriate Bell Aliant Tier 2 support team based on symptoms reported from the Customers Incident Management Group. iii. The ESD contact number is 1 -888- 790 -3111 and will be available to receive calls 7X24. rv. The ESD will remain the prime Customer contact for Incident updates or notification of Incident resolution. Interaction with the Customer may be initiated by Bell Aliant Tier 2 support resources to affect further Incident troubleshooting or testing on an as needed basis. v. In the event that anew critical Incident has just been reported, Bell Allanl may redirect Its efforts to address the new critical Incident. Bell Aliant shall notify the Customer that there will be a delay in correcting the lower seventy Incident due to this new critical Incident. A. The Customers escalation requests in reference to Incidents or UC Service based queries should be directed to the ESD who will engage the appropriate Bell Aliant resource to respond. Unified] Communications& Centrex Mul4- Provincial Blended Rem, Services Schedule United Communications & Centrex Muld- Provincial Blended Rates Services Schedule Version 1.0- 1304 - 27407, Pas. 7 ails April 16, 2013 Wrelon 1.a- 1304-27407, Page 8 of 9 April 16, 2013 14 I ! 11 I a 1 I Master Services Agreement Number: CN -0807 -8441 Services Schedule Number CN- 1304 -27407 APPENDIX C TO UNIFIED COMMUNICATIONS 8 CENTREX MULTI- PROVINCIAL BLENDED RATES SERVICES SCHEDULE CENTREX SERVICE CENTREX SERVICE a. Description of Centrex Service: i. Centrex Business and Small Business Network INS) and Centex Business (PEII: (1) The Centrex Service provides a combination of exchange service and intercommunicating service. Connections between Access Lines of the system and trunk lines are made by switching equipment located on Bell Aliant premises. (a) The Centrex Service provides a multisyatam, multi - location service which provides for a common at of basic features on a provincial basis where appropriate equipment and facilities are available. (b) The Canine, Service Is available to customers within Nova Scotia and Prince Edward Island, subject to the availability of suitable facilities. (2) The monthly rata for Access Lines of the Centrex Service provides for the following: access to basic features: common equipment and switching equipment as required; circuitry to connectthe Customer location to the wire centre serving the area in which the terminal equipment is located; Customers may provide and install the inside wire and jacks for the Cantrex Service at their expense, however, no adjustment will be made to the monthly rate per voice access where the Customer has provided and installed the Centrex Service inside wire and Jacks; trunk lines, as required, for incoming and outgoing calls to and from Access Lines in the Customers system; detailed service billing by individual telephone number; intercept which provides for calls to a vacant terminal to be routed to a recorded announcement. I!. Provincial Centrex (NLI: (1) The Centrex Service provides a combination of exchange service and intercommunicating service. Connections between Access Lines of the system and trunk lines are made by switching equipment located on Ball Aliant premises. (a) The Centrex Service provides Is a multi- system, multi - location service which provides for a are rvset of basic features on a provincial basis where appropriate equipment and facilities ailable. The Centrex Service is available to customers within Newfoundland and Labrador, subject to the availability of suitable facilities. (2) The monthly rate for Access Lines of the Centrex Service provides births following: access In basic features; common equipment and switching equipment as required; circuitry to correct the Customer location to the wire contre serving the area in which the terminal equipment is located; Customers may provide and install the inside wire and jacks for the Centrex Service at their expense, however, no adjustment will be made to the monthly rate per voice access where the Customer has provided and installed the Centrex Service inside wire and jacks; one group of trunk IInes for incoming service to the attendanfs position. Bell Aliant determines the number of such lines in the group based on the Customer's requirement. m. Business Communications (NBI: (1) The Cem-ex Service provides a multi- system, multi - location exchange -based service which provides for a common set of basic features on an exchange basis where appropriate equipment and facilities are available. Connections between Access Lines of the system and trunk lines are made by switching equipment located pn Bell Aliant pemises. The Centrex Service is available to customers within New Brunswick, subject to the availability of suitable facilities. (2) The_mo_nihly rate for Access Lines of the Centex Service provides forthe following: access to basic features; common equipment and switching equipment as required: circuitry to connect the Customer location to the wire centre serving the area in which the terminal equipment is located; Cuslomea may provide and install the inside wire and jacks for the Centrex Service at their expense, however, no adjustment will be made to the monthly rate per voice access where the Customer has provided and installed the Centrex Service inside wire and jacks; trunk lines, as required, for incoming and outgoing calls to and from Access Lines in the Customers system; detailed service billing by individual telephone number. Unnial Communications 8 Centex Multi - Provincial Blended net. s Services Schedule Version 1.0- 1304- 27407a Page it of 9 April 16, 2013 Err I t l l ci t i 6 Master Agreement Number: CN- 0807-8449 Agreement Number CN- 1304 -27389 (2) QoS options: Premium. Ili, TDM 1T1 /BondedTDM /Bonded TilAccess: (1) Standard QoS bandwidth: 1.5Mbps, 3.0Mbps and 5.OMbps. (2) QoS options. Premium. c. Customer Responslbdities: L The Customer is responsible for all QoS priority settings. The Service does not change these settings and interprets only the 802.1p (p -bit) settings on a Customer Ethernelfame. If Premium Bandwidth has been subscribed to, only fames marked with a p -bit of "5" will be transported on the Premium Bandwidth. All other P -Bit Markings will be assigned to the Standard Bandwidth. II. The Customer may transmit data at the line rate of their port connecting to the Service demarcation device and the Bell Aliant technology will rate limit the throughput using bandwidth shaping to the purchased bandwidth rate. The Customer may additionally use their own equipment to provide bandwidth shaping to avoid frame discards in the Bell Aliant network. d. Service Demarcation Point: The service demarcation point for the Service is at the Customer facing Ethernet port ofthe Bell Aliant Managed customer premise device. FEES F Fees Schedule: L The Customer shall pay to Bell Aliant fees for Bell Aliant Ethernet Services (the "Fees ") on a monthly and /or one time basis, as set out in Tables 1, 2 and 3. II. Prices listed in this Services Schedule are exclusive of Sales and Use Tax. Bell Aliant Ethemet Services Schedule Version 1.4 Page 2 of 5 July 4, 2012 15 Bd I ✓' i I I ci 1 i L Master Agreement Number: N- 13047-8441 Agreement Number : CN- G807 BELL ALIANT ETHERNET SERVICES SCHEDULE Customer Name: City Of Saint John (the "Customer ") The services described in this Bell Aliant Ethernet Services Schedule (the "Services Schedule") are provided in cordance with and governed by the Master Services Agreement between the Customer and Bell Aliant Regional Communications, Limited Partnership ( "Bell Aliant"). Ball Aliant and the Customer agree that this Services Schedule is attached to and forms part of the Master Services Agreement and Is governed by its terms and conditions, with effect from the date of execution of this Services Schedule by the Customer. Capitalized terms used but not defined in this Services Schedule have the meanings given to them in the Master Services Agreement. For the purposes of this Services Schedule, references to the "Agreement" shall include both the Master Services Agreement and the Services Schedule, 1. TERM Initial Service Term: The Initial Service Term is for a period of 42 months, effective the 30" day of September, 2013 (the "Initial Service Term "). b. Service Renewal Term: Upon expiration of the Initial Service Term, and unless either party informs the other with thirty (30) days prior written notice of non - renewal, there shall be consecutive Service Renewal Terms each equal in length to the Initial Service Term. c. Use of Service bavond Service Term: If the Customer has sent a notice of n reason reason but far any re continues to use the Services after the expiry of the Initial Service Tern or final Service Renewal Tern, the terms and conditions of the Agreement including this Services Schedule shall continue to apply for so long as the Customer uses the Services, except that the Fees shall be the month -to -month fees for the Services in effect. 2. SERVICE a. Definitions: I. "Digital Subscriber Line ( "DSL ")" means a high speed asymetric data access using copper cable. II. 'Incident" means a service interruption which is determined to be related to the Bell Aliant Service. III. "Maintenance Windows" means the times when Bell Alianl may interrupt service to perform routine maintenance and upgrades to the Service. ry "P -Bit Markings" also known as Priority Code Point, means a at of three bits within an Ethemet frame that represent the frame priority level. Values range from 0 (best effort) to 7 (highest). This Is based on the IEEE 602.1 p standard. These values can be used to prioritize different classes of traffic (voice, video, data, etc). v. "Premium Bandwidth" means QoS setting of the bandwidth. This dictates the priority the traffic will have as it traverses the Ethernet network. Premium traffic has the highest QoS setting will never be dropped in the network due to congesfion. vI "Quality of Service ( "QoS ")" means a set of performance criteria (latency, frame delivery ratio, jitter) traffic will adhere to as it traverses the network. vii "Standard Bandwidth" means a QoS setting of the bandwidth. This dictates the priority the taRC will have as it traverses the Ethernet network. Standard traffic has a lower QoS setting that Premium and will be dropped first if the network becomes congested. viii. "Service Virtual Local Area Network ( "SVLAN ")" means a virtual connection between 2 or more sites used to %nsport traffic. Ix. "Time Division Multiplex ( "TDM ")" means the standard TDM access Is T1 which has symmetrical bandwidth speeds of 1.544Mbps over copper cable. b. Description of Service: Bell Aliant Ethernet (the "Service ") is an Ethemet Wide Area Network ("WAN ") Service which allows Customers to transmit information between sites. The Service is available with the following access configurations and options: I.Fiber Access: (1) Access port bandwidth: 10, 20, 30, 50, 75, 100, 200, 300, 500, 750, and 1000Mbps. (2) QoS Options: Premium. II. DSL Access: (1) Standard QoS bandwidth: 386Kbps, 512Kbps, 1.5Mbps, 3.OMbps and 4.OMbps. Bell Aliant Ethernet Services Schedule Version 1.4 Page 1 of 5 July 4, 2012 MIA li Ia n t Master Agreement Number CN- 0807-8441 Agreement Number CN-13047 -83 1 Table 1 Fiber Access Sites Table 2 DSL Access and Bandwidth � o�mmommmm � o�mmommmm I��lol�l�l�lo�l�l�lm o�mmommmm � o�mmommmm � o�mmommmm Table 2 DSL Access and Bandwidth Bell Aliant Ethem. Services Schedule Version 1.4 Page 3 of 5 �mm 11PL�m► �� � o�mmommmm � o�mmommmm � o�mmommmm � o�mmommmm � o�mmommmm Bell Aliant Ethem. Services Schedule Version 1.4 Page 3 of 5 �mm 11PL�m► �� EW I 1 1 I I ci I lit Master Agreement Number. CN- 0807-8441 Bd I A I I ci 1 i L Master Agreement Number: N- 13047-8441 Agreement Number CN- 1304 -27389 Agreement Number CN-1304.27389 Table 3 TOM (TI/Bonded Tt) Access and Bandwidth ®' ®' It. Other Fees: L Change orders requests to existing Services are invoiced at $50.00 par change with the exception of decreasing access speeds which is invoiced at $250.00 ad.imstralion fee. c. Minimum Commitment: There is no minimum commitment for this Service. 4. SERVICE LEVELS a. Standard Service Level Objectives t"SLOs "1: If Bell Aliant fails to meet an SLO, the Customer shall not be entitled to any compensation. Also, failure to meet an SLO shall not be considered a defauh by Bell Aliant of its obligations under this Service Schedule. Site Availability Site Type Tar_geI age 1 (Fibre, T1) 99.9% i�agc 2 (DSL) 9.9.7% Pertormanc. Measures Fibre/T1 DSL Latency <25 msec one -way Atomic Canada <15 msec one -way within Province N/A Standard Bandwidth -99.9% Frame Delivery Betio N/A Premium Bandwidth- 99.95% Jitter Standard Bandwidth - 00 msec Premium Bandwidth -<5 msec N/A Service Provisioning and Support Metric �I� Target 12 -15 Business Days (with the exception of sites that Standard Provisioning – existing have subscribed to Multiple SVLANS: 25 -30 days). facilities Measured as of the time the order is submitted. If the order is submitted on a day other than a Business Day then measurement will start on the next Business Day. 25 – 30 Business Days. Measured as of the time the order Standard Provisioning– new submitted. If the order is submitted on a day other than facilities �� Business Day. o�mmmmmm � o�mmmmmm i� o�mmmmmm ®' ®' It. Other Fees: L Change orders requests to existing Services are invoiced at $50.00 par change with the exception of decreasing access speeds which is invoiced at $250.00 ad.imstralion fee. c. Minimum Commitment: There is no minimum commitment for this Service. 4. SERVICE LEVELS a. Standard Service Level Objectives t"SLOs "1: If Bell Aliant fails to meet an SLO, the Customer shall not be entitled to any compensation. Also, failure to meet an SLO shall not be considered a defauh by Bell Aliant of its obligations under this Service Schedule. S 1 Aliant Ethernet Services Schedule Version 1.4 Page 4 of 5 July 4, 2012 II 111 ia., +� Master Services Agreement Number:CN- 0807-8441 SAM— Schedule Number CN -1003 -13903 LOYALTY DISCOUNT PROGRAM SCHEDULE Customer Name: City Of Saint Job. (the "Customer ") The program described in this Loyalty Discount Program Schedule (the "Services Schedule ") is provided in accordance with and governed by the Master Services Agreement between the Customer and Bell Allanf Regional Communications, Limited Partnership ( "Bell Aliant"). BeII Aliant and the Customer agree that this Services Schedule Is attached to and forms part of the Master Services Agreement and Is governed by its terms and conditions, with effect from the date of execution of this Services Schedule by the Customer. Capitalized terms used but not defined In this Services Schedule have the meanings given to them in the Master Services Agreement. For the purposes of this Services Schedule, references to the "Agreement" shall include both the Master Services Agreement and the Services Schedule. 1. BERM Effective Date: The Effective Date of this Services Schedule is January 1, 2013. b. Service Term: This Services Schedule shall be in effect for the penad in which a service schedule for set out in Section 3(e) (the "Services ") is valid and in effect under the Master Services Agreement (the "Term" th ). In the event at the Customer receives any of the services described in this Services Schedule from a competitor to Bell Aliant then, subject to the mutual agreement of the parties to the contrary, this Services Schedule shall be deemed terminated and no further Loyalty Discount payments shall be owed. a Termination by Bell Aliant: Notwithstanding the above, Bell Aliant may choose to terminate this Services Schedule by providing the Customer 180 days advance notice. 2. PROGRAM DESCRIPTION a. For each 12 month period of this Services Schedule, beginning on the Effective Date (the "Contract Year), Bell Aliant shall provide to the Customer a loyalty discount payment (the "Loyalty Discount "), in the amount set out in Section 3, only if: L Bell Allard has been the supplier of 100% of the Services to the Customer and any of its affiliates Covered by the Master Services Agreement; a. The Customer has fulfilled all volume Commitments under all service schedules pertaining to the Services in accordance with the applicable Service schedule: and iii. The Customer is not otherwise in default under the Master Services Agreement, any service schedule for Services or this Services Schedule. 3. DISCOUNT PAYMENT TERMS a. Discount Calculation: The Loyalty Discount payment for each Contract Year of this Service Schedule will be an amount equal to 15% of the amounts paid (exclusive of Sales taxes) by the Customer for all Services to this Services Schedule, provided to the Customer in accordance with an executed service schedule under the Master Services Agreement, and provided to the Customer by Bell Aliant in Atlantic Canada as set out in the applicable service schedules of the Master Services Agreement, Bell Aliant will not pay a Loyalty Discount on any Services pro vided to Customer outside of Atlantic Canada. b. Limitation of Discount: The parties acknowledge and agree the calculation of the Loyalty Discount is based on the price of the Services as offered at the time of the Effective Data of this Service Schedule. Should any further discounts be given on the prices of the Services, this Services Schedule shall be null and void unless renegotiated and agreed to in writing by both parties. G. Patent by Bell Alianlby Bell Alianl: The Loyalty Discount shall be paid within fig days fallowing the end of the Contract Year with respect to which it is paid. Bell Aliant will pay the Customer the appropriate sales tax on the Loyalty Discount program payment. The Customer warrants its GST /HST registration number is 0122681158RT001 RT. The Customer further warrants that the sales taxes collected on the payment from Bell Aliant will be remitted to the appropriate government agency. d. Compliance Certification: At the end of each Contract Year, prior to the payment of the Loyalty Discount by Bell Aliant, the Customer will certify in writing to Bell Aliant their compliance with terms of this Services Schedule and Ball Aliant shall have the tight, in its sole discretion, to Confirm such Compliance by the Customer. e. Service Eligibility: The Services identified in Table 1, if provided to the Customer under an executed Services schedule. with Bell Aliant, are eligible for a Loyalty Discount payment under the terms of this Services Schedule, and must be provided exclusively by Bell Aliant tluring the Term of this Services Schedule in order for the Customer to continue to receive the Loyalty Discount payment. In accordance With Telecom Decision CRTC 2007 -74, Bell Canada - Application to modify the rules for mixed Type 2 customer- SLOB Maintenance Window S.nd.y tam – ham ASTIADT W edneeday 2- - Sam ASTIADT Mean Time to Repair PnoriN level Descnotion Resolution Target Critical Incident whereby the Service is notoperationat for 80 % within 4 hours Customer. solve High Incident has oceured whereby the Be,!- has been 80% within B hour ap rtially affected but still functional. resolve A request that typically affects a single user. A Medium temporary Work -around may be required to restore 3 Business days �� _operations while Me Incident is being resolved. _ I� The resedr has an alternative while the Service is being 5 Business days b. Reporting Portal: Reasonable commercial effort will be used in providing the Bell Aliant reporting portal. S. OTHER TERMS AND CONDITIONS a. Limited Warranty: Bell Aliant does not guarantee error -free or unintermpted operation of the Services. In the vent of service interruptions lasting twenty -four (24) hours or longer from Bell Aliant's receipt of notification from the Customer, Bell Aliant, upon the Customers written request, Wit provide to the Customer. credit or refund of Fees proportionate to the length of the interruption commencing from Bell Alianl's receipt of the Customer's notifcalion. Notwithstanding Terrninalion terms and conditions as defined in the Agreement, such credit or refund will be the Customers sole and exclusive remedy, at law or in equity, against Bell Aliant or its representatives, which include Bell Aliant'a employees, affiliates, principals, shareholders, officers, subsidiaries, parent oganizations and /or Contractors (herein after referred to as Representatives), relating to non - pertortnanceoflheService(s). BELL ALIMNT AND ITS REPRESENTATIVES MAKE NO WARRANTIES, REPRESEN—ONS OR COND ER, EITHER EXPRESS OR IMPLIED, DING, W RHOUT LIMITATION, ANY WARRANTY, REPRESENTATION OR CONDRION OF FITNESS FORA PARTICULAR PURPOSE OR MERCHANTABILITY WITH RESPECT THE SERVICES, AND ALL WARRANLES, REPRESENTATIONS AND CONDITIONS, EXPRESS OR IMPLIED, ARE HERESY By signing below, Bell Aliant and the Customer agree that this Services Schedule is attached to and forms part of the Master Services Agreement. BELL ALIANT REGIONAL COMMUNICATIONS, LIMITED PARTNERSHIP by its General Partner Bell Aliant Regional Communications Inc. City Of Saint John SIGNATURE: MAYOR: NAME: NAME: COMMON TITLE: CLERK: NAME I am authorized to bind Bell Aliant Regional I am authorized to bind Customer to the terms and conditions of Communications, Limited Partnership to the terms this Services Schedule. and conditions of this Services Schedule. RESOLUTION DATE: DATE: It 11 Aliant Ethernet Services Schedule Version 1.4 Page 5 of 5 July 4, 2012 I I Y I 1 t.4 Master SAN— Agreement Number: CN- 0807-8441 Services Schedule Number CN -1003 -13903 specific arrangements dated 17 August 2007, notwithstanding any discounts offered under this Services Schedule, the total amount billed for all Services under the Master Services Agreement shall in no event be less than the sum of all rates required to be charged for the Regulated Services. Table 1 Services Eligible for Loyalty Discount SeiW_ SuitsaibsrTo Local Access Yes Data Yes By signing below, Bell Aliant and the Customer agree that this Services Schedule is attached to and forms part of the Master Services Agreement. BELL ALIANT REGIONAL COMMUNICATIONS, LIMITED PARTNERSHIP by its General Partner Bell Aliant Regional Communications Inc. City Of Saint John SIGNATURE: NAME: TITLE: I am authorised to bind Bell Aliant Regional Communications, Umfed Partnership to the terms and Conditions of this Services Schedule. DATE: Loyalty Discount Program Schedule Loyalty Discouof Program Schedule Version 11 Page 1 d2 Memh 18, 2013 Version 11 Page 2 of 2 16 MAYOR: NAME: COMMON CLERK: I am authorized to bind Customer to the terms and conditions of this Services Schedule. RESOLUTION DATE: Merck 18, 2013 Site Availability Site Type Tar_geI age 1 (Fibre, T1) 99.9% i�agc 2 (DSL) 9.9.7% Pertormanc. Measures Fibre/T1 DSL Latency <25 msec one -way Atomic Canada <15 msec one -way within Province N/A Standard Bandwidth -99.9% Frame Delivery Betio N/A Premium Bandwidth- 99.95% Jitter Standard Bandwidth - 00 msec Premium Bandwidth -<5 msec N/A Service Provisioning and Support Metric �I� Target 12 -15 Business Days (with the exception of sites that Standard Provisioning – existing have subscribed to Multiple SVLANS: 25 -30 days). facilities Measured as of the time the order is submitted. If the order is submitted on a day other than a Business Day then measurement will start on the next Business Day. 25 – 30 Business Days. Measured as of the time the order Standard Provisioning– new submitted. If the order is submitted on a day other than facilities a Business Day then measurement will start on the next Business Day. S 1 Aliant Ethernet Services Schedule Version 1.4 Page 4 of 5 July 4, 2012 II 111 ia., +� Master Services Agreement Number:CN- 0807-8441 SAM— Schedule Number CN -1003 -13903 LOYALTY DISCOUNT PROGRAM SCHEDULE Customer Name: City Of Saint Job. (the "Customer ") The program described in this Loyalty Discount Program Schedule (the "Services Schedule ") is provided in accordance with and governed by the Master Services Agreement between the Customer and Bell Allanf Regional Communications, Limited Partnership ( "Bell Aliant"). BeII Aliant and the Customer agree that this Services Schedule Is attached to and forms part of the Master Services Agreement and Is governed by its terms and conditions, with effect from the date of execution of this Services Schedule by the Customer. Capitalized terms used but not defined In this Services Schedule have the meanings given to them in the Master Services Agreement. For the purposes of this Services Schedule, references to the "Agreement" shall include both the Master Services Agreement and the Services Schedule. 1. BERM Effective Date: The Effective Date of this Services Schedule is January 1, 2013. b. Service Term: This Services Schedule shall be in effect for the penad in which a service schedule for set out in Section 3(e) (the "Services ") is valid and in effect under the Master Services Agreement (the "Term" th ). In the event at the Customer receives any of the services described in this Services Schedule from a competitor to Bell Aliant then, subject to the mutual agreement of the parties to the contrary, this Services Schedule shall be deemed terminated and no further Loyalty Discount payments shall be owed. a Termination by Bell Aliant: Notwithstanding the above, Bell Aliant may choose to terminate this Services Schedule by providing the Customer 180 days advance notice. 2. PROGRAM DESCRIPTION a. For each 12 month period of this Services Schedule, beginning on the Effective Date (the "Contract Year), Bell Aliant shall provide to the Customer a loyalty discount payment (the "Loyalty Discount "), in the amount set out in Section 3, only if: L Bell Allard has been the supplier of 100% of the Services to the Customer and any of its affiliates Covered by the Master Services Agreement; a. The Customer has fulfilled all volume Commitments under all service schedules pertaining to the Services in accordance with the applicable Service schedule: and iii. The Customer is not otherwise in default under the Master Services Agreement, any service schedule for Services or this Services Schedule. 3. DISCOUNT PAYMENT TERMS a. Discount Calculation: The Loyalty Discount payment for each Contract Year of this Service Schedule will be an amount equal to 15% of the amounts paid (exclusive of Sales taxes) by the Customer for all Services to this Services Schedule, provided to the Customer in accordance with an executed service schedule under the Master Services Agreement, and provided to the Customer by Bell Aliant in Atlantic Canada as set out in the applicable service schedules of the Master Services Agreement, Bell Aliant will not pay a Loyalty Discount on any Services pro vided to Customer outside of Atlantic Canada. b. Limitation of Discount: The parties acknowledge and agree the calculation of the Loyalty Discount is based on the price of the Services as offered at the time of the Effective Data of this Service Schedule. Should any further discounts be given on the prices of the Services, this Services Schedule shall be null and void unless renegotiated and agreed to in writing by both parties. G. Patent by Bell Alianlby Bell Alianl: The Loyalty Discount shall be paid within fig days fallowing the end of the Contract Year with respect to which it is paid. Bell Aliant will pay the Customer the appropriate sales tax on the Loyalty Discount program payment. The Customer warrants its GST /HST registration number is 0122681158RT001 RT. The Customer further warrants that the sales taxes collected on the payment from Bell Aliant will be remitted to the appropriate government agency. d. Compliance Certification: At the end of each Contract Year, prior to the payment of the Loyalty Discount by Bell Aliant, the Customer will certify in writing to Bell Aliant their compliance with terms of this Services Schedule and Ball Aliant shall have the tight, in its sole discretion, to Confirm such Compliance by the Customer. e. Service Eligibility: The Services identified in Table 1, if provided to the Customer under an executed Services schedule. with Bell Aliant, are eligible for a Loyalty Discount payment under the terms of this Services Schedule, and must be provided exclusively by Bell Aliant tluring the Term of this Services Schedule in order for the Customer to continue to receive the Loyalty Discount payment. In accordance With Telecom Decision CRTC 2007 -74, Bell Canada - Application to modify the rules for mixed Type 2 customer- SLOB Maintenance Window S.nd.y tam – ham ASTIADT W edneeday 2- - Sam ASTIADT Mean Time to Repair PnoriN level Descnotion Resolution Target Critical Incident whereby the Service is notoperationat for 80 % within 4 hours Customer. solve High Incident has oceured whereby the Be,!- has been 80% within B hour ap rtially affected but still functional. resolve A request that typically affects a single user. A Medium temporary Work -around may be required to restore 3 Business days �� _operations while Me Incident is being resolved. _ I� The resedr has an alternative while the Service is being 5 Business days b. Reporting Portal: Reasonable commercial effort will be used in providing the Bell Aliant reporting portal. S. OTHER TERMS AND CONDITIONS a. Limited Warranty: Bell Aliant does not guarantee error -free or unintermpted operation of the Services. In the vent of service interruptions lasting twenty -four (24) hours or longer from Bell Aliant's receipt of notification from the Customer, Bell Aliant, upon the Customers written request, Wit provide to the Customer. credit or refund of Fees proportionate to the length of the interruption commencing from Bell Alianl's receipt of the Customer's notifcalion. Notwithstanding Terrninalion terms and conditions as defined in the Agreement, such credit or refund will be the Customers sole and exclusive remedy, at law or in equity, against Bell Aliant or its representatives, which include Bell Aliant'a employees, affiliates, principals, shareholders, officers, subsidiaries, parent oganizations and /or Contractors (herein after referred to as Representatives), relating to non - pertortnanceoflheService(s). BELL ALIMNT AND ITS REPRESENTATIVES MAKE NO WARRANTIES, REPRESEN—ONS OR COND ER, EITHER EXPRESS OR IMPLIED, DING, W RHOUT LIMITATION, ANY WARRANTY, REPRESENTATION OR CONDRION OF FITNESS FORA PARTICULAR PURPOSE OR MERCHANTABILITY WITH RESPECT THE SERVICES, AND ALL WARRANLES, REPRESENTATIONS AND CONDITIONS, EXPRESS OR IMPLIED, ARE HERESY By signing below, Bell Aliant and the Customer agree that this Services Schedule is attached to and forms part of the Master Services Agreement. BELL ALIANT REGIONAL COMMUNICATIONS, LIMITED PARTNERSHIP by its General Partner Bell Aliant Regional Communications Inc. City Of Saint John SIGNATURE: MAYOR: NAME: NAME: COMMON TITLE: CLERK: NAME I am authorized to bind Bell Aliant Regional I am authorized to bind Customer to the terms and conditions of Communications, Limited Partnership to the terms this Services Schedule. and conditions of this Services Schedule. RESOLUTION DATE: DATE: It 11 Aliant Ethernet Services Schedule Version 1.4 Page 5 of 5 July 4, 2012 I I Y I 1 t.4 Master SAN— Agreement Number: CN- 0807-8441 Services Schedule Number CN -1003 -13903 specific arrangements dated 17 August 2007, notwithstanding any discounts offered under this Services Schedule, the total amount billed for all Services under the Master Services Agreement shall in no event be less than the sum of all rates required to be charged for the Regulated Services. Table 1 Services Eligible for Loyalty Discount SeiW_ SuitsaibsrTo Local Access Yes Data Yes By signing below, Bell Aliant and the Customer agree that this Services Schedule is attached to and forms part of the Master Services Agreement. BELL ALIANT REGIONAL COMMUNICATIONS, LIMITED PARTNERSHIP by its General Partner Bell Aliant Regional Communications Inc. City Of Saint John SIGNATURE: NAME: TITLE: I am authorised to bind Bell Aliant Regional Communications, Umfed Partnership to the terms and Conditions of this Services Schedule. DATE: Loyalty Discount Program Schedule Loyalty Discouof Program Schedule Version 11 Page 1 d2 Memh 18, 2013 Version 11 Page 2 of 2 16 MAYOR: NAME: COMMON CLERK: I am authorized to bind Customer to the terms and conditions of this Services Schedule. RESOLUTION DATE: Merck 18, 2013 REPORT TO COMMON COUNCIL M &C2013 -196 September 5, 2013 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Council: SUBJECT: Pipeline Crossing Agreement with Maritimes & Northeast Pipeline - Approximate Crossing KP 90 +300 BACKGROUND: The City of Saint ]ohn In the spring of 2011, the Department of Transportation and Infrastructure (DTI) eliminated the access to the Lancaster Wastewater Treatment Facility from the east bound lane of Route #1. The access from Route 91 did not meet the safety standards of an official access to the highway. As a result, an existing service road from Sand Cove Road became the only access to the facility. The final turn off this service road into the facility requires large equipment to navigate two 90° turns. Large transport trucks cannot navigate the 90° turns to bring equipment to the facility. The access road at the 90° turns are also sloped in such a way that access to the facility is challenging for routine vacuum truck traffic, especially in winter. Genivar Inc. was awarded a contract to provide engineering design and construction management services to design a new entrance to the facility that would safely accommodate all common traffic (M &C 2011 -143). During the design phase, it was determined that any new entrance would cross the Maritimes & Northeast Pipeline's Saint John Lateral natural gas pipeline_ In the case of the selected design, the crossing takes place at approximately KP 90 +300, adjacent to Highway 1. Maritimes & Northeast Pipeline have reviewed the City's design drawings and have no objection to the crossing. A crossing agreement is required and Maritimes & Northeast Pipeline have delivered to the City the required agreement. Staff reviewed the agreement and there are no concerns or objections. The purpose of this report is to present the agreement to Common Council for its consideration. RECOMMENDATION: That The City of Saint John enter into a Crossing Consent Agreement with Maritimes & Northeast Pipeline Limited Partnership, by its General Partner Maritimes and Northeast Pipeline Management Ltd. I Maritimes & Northeast Pipeline subject to the terms and conditions in the M &C2013 -196 September S, 2013 Page 2 attached agreement and amendment, for the purposes of facilitating the construction of the new entrance road into the Lancaster Wastewater Treatment Lagoon and that the Mayor and Common Clerk execute the said agreement. Respectfully submitted, / James Margaris, P.Eng. Superintendant Wastewater Treatment Facilities Saint John Water Wm. Edwards, P.Eng. Commissioner Saint John Water / I X/V// PII-�� Kendall Mason, P.Eng., PMP Deputy Commission Saint John Water J. Patrick Woods, CGA City Manager May 6, 2013 Peter Seheult, P.Eng. Genivar Inc. for: Municipal Operations & Engineering City of Saint John 60 Bishop Drive Fredericton, New Brunswick E3C 1B2 SUBJECT: Crossing Consent Agreement for your proposed crossings of Maritimes & Northeast Pipeline (`M &NP') Saint John Lateral at approximate KP 90 +300, in the County of St. John, in the Province of New Brunswick. M &NP has reviewed the proposed crossings and will consent to them. In consideration of M &NP consenting to the crossings, we ask that you agree to the following conditions precedent: 1. That you will comply with the general conditions for consent in Schedule "A ", attached hereto; 2. That you and your contractor will install the crossings strictly in the manner described in Schedule "B ", attached hereto; 3. That the crossings will be designed and constructed strictly in accordance with your drawings Lancaster Wastewater Treatment Facility Entrance Road Alteration dated May 10, 2012 file 4 L068 -006 sheets 213 and 3l3 as approved by M &NP attached as Schedule "C ", hereto; 4. That the crossings will be completed no later than June 30, 2014, otherwise this consent will terminate and a new application will be required. 5. That as per Schedule "A ", Section 10, all contractors working near an exposed pipeline are required to wear appropriate PPE and fire retardant apparel. 6. That as per Schedule "A ", Section S, Applicant shall submit certificates or other evidence of such insurance to M &NP prior to any work commencing for the Crossing. Please sign and return all four copies of the agreement, including the four copies of the enclosed drawing and schedules. We will subsequently sign the copies of the agreement and will return two for your use. PIease ensure that a copy is sent to the persons who will be performing this work and that it is available "on- site ". Installation of the crossing can then proceed after giving a minimum of two business days advance notice to myself at (506) 462- 48001461 -5681. This Agreement and Schedules "A ", "B" and "C" constitute the entire Agreement between M &NP and the Applicant and any change or alteration hereof shall be made in writing between the parties. Yours very truly, MARITIMES & NORTHEAST PIPELINE Andrew Langille, M.Sc., P.Geo. Lands, Emergency Planning & Public Awareness Coordinator Read and agreed to at WITNESS: this day of } APPLICANT: } } ) City of Saint John ) "1 have the authority to bind the corporation" SCHEDULE `A' General Conditions for Crossing Consent 1. In this agreement: (a) the term "Applicant" refers to the person(s) who will own, operate and maintain the Facility; (b) the term "Contractor" means the person(s) who constructs and installs the Facility; (c) the term "Facility" refers to the works of the Applicant as described in the covering letter- agreement to this Schedule; (d) the term "Crossing" refers to the crossing of M &NP's pipeline(s) by the Facility at the location described in the covering letter- agreement to this Schedule. 2. M &NP consents to the Crossing to the extent that it has the right to do so and the Applicant shall be responsible for obtaining all other applicable approvals, permits, orders and permissions required to construct and install the Facility. 3. Applicant agrees to comply with all applicable rules, orders, regulations, codes and guidelines of any competent government body or organization affecting the design, installation, construction and operation of the Facility. 4. Applicant agrees to indemnify and save harmless M &NP against any claims, demands, actions, suits, proceedings, damages, injuries (including injuries resulting in death) that may arise as a result of the construction, installation and operation of the Facility. 5. In connection with Clause 4, above, Applicant, or Contractor, at its own expense shall carry and keep in full force and effect; (a) Comprehensive General Liability insurance with an inclusive limit for personal injury and property damage of Five Million dollars ($5,000,000.00), and; (b) Automobile Liability Insurance ( "owned" and "non- owned ") with an inclusive limit for bodily injury (including passengers) and property damage of One Million dollars ($1,000,000.00). Applicant shall submit certificates or other evidence of such insurance to M &NP prior to any work commencing for the Crossing. 6. Applicant agrees to personally perform the installation and construction of the Facility or else to closely supervise its installation and construction by a duly qualified contractor(s) and to ensure that said contractor(s) complies with all terms and conditions of this agreement. 7. The Applicant shall pay forthwith upon presentation of an invoice by M &NP, all reasonable costs incurred by M &NP for: (a) Review, approval and inspection of the Crossing; (b) Reinforcing, modifying or relocating M &NP's pipeline(s) to accommodate the installation of Applicant's Crossing or the maintenance and repair of its Facility; (c) Any reasonable incremental costs inured by M &NP in the operation, maintenance, replacement and repair of its pipeline(s) which are caused by the Crossing. 8. The terms and conditions of this consent shall apply to the construction and installation of the Crossing and any future maintenance work that may be required. 9. This consent is for the Facility shown in Schedule `C' only and any additional works or facilities proposed by the Applicant shall be the subject of a separate agreement. 10. Applicant hereby agrees and acknowledges that its rights in the Crossing are subordinate to the easement agreement(s) of M &NP that have been registered or obtained prior to this date and Applicant shall cooperate with all reasonable requests made by M&NP related to the operation, maintenance and repair of M &NP's pipeline(s) within the easement(s), in particular the use of Nomex or fire retardant equivalent apparel. 11. In the case of default by the Applicant to carry out any of the provisions of this agreement or if the condition of Applicant's Facility has deteriorated and adversely affects the operation of M &NP's pipeline(s), M &NP may give written notice thereof. If the Applicant fails to take all reasonable steps to remedy the default or the deterioration of the Facility within fifteen (15) days after receipt of the written notice by M &NP, M &NP may take such steps necessary to remedy the default or deterioration and Applicant shall be liable for and shall pay forthwith all reasonable costs incurred by M &NP in this regard. 12. All notices required to be given hereunder shall be delivered by registered mail or facsimile to the addresses shown on the covering letter - agreement and shall be deemed to be received on the fifth (5a") day following mailing thereof or upon confirmation of facsimile transmission. 13. This agreement shall be governed in accordance with the laws of the province in which the Crossing is situate. 14. Neither party to this agreement shall assign or transfer their rights and obligations hereunder to a third party without first obtaining the written consent of the other ply 15. The rights and obligations of the parties hereto shall terminate upon the earlier of: (a) two (2) years from the date hereof if the Applicant has not completed the construction and installation of the Facility and restoration of the lands affected by the Crossing; or (b) upon the proper abandonment or removal of the Facility and restoration of the lands to a condition acceptable to M &NP and the owner of the property where the Crossing is situate. 16. If any part of this agreement shall become null and void by virtue of law or governmental regulation, it shall be severed from the agreement, but the remaining terms and conditions shall remain in fall force and effect. SCHEDULE `B' Excavation and Operation of Heavy Equipment 17. The following conditions shall apply whenever any construction activities shall require the need for the operation of equipment or excavation near M &NP's Pipeline(s). (a) To protect exposed M &NP Pipeline(s) from damage during the proposed work, M &NP's on -site inspector may require the Applicant to install certain safety precautions before beginning construction. (b) To avoid possible damage to M &NP's Pipeline(s) while excavating, the Pipeline(s) shall be supported adequately, as directed by M &NP's on -site inspector. (c) To avoid possible damage to M &NP's Pipeline(s), heavy equipment shall be restricted to crossing within the travelled portion of the easement unless other crossing locations are approved by M &NP's on -site inspector. (d) Applicant shall provide at least three (3) business days' advance notice prior to commencing any excavation near M &NP's Pipeline(s). General Conditions for Crossings of the Pipeline by Highways, Private Roads, Railways and Utilities 18. The following general conditions shall apply to Crossings of M &NP's Pipeline(s) by a highway, private road, railway or utility: (a) In the case of a crossing of M &NP's Pipeline(s) by a highway, private road, railway or utility the Crossing shall, except as otherwise provided herein, conform to the respective specifications and requirements of the current Canadian Standards Association Code CAN /CSA Z662 — 99 for Gas Pipeline Systems and if the facility will result in the Maritimes Pipeline not conforming, the Crossing may be made only if the M &NF's Pipeline(s) is reconstructed to conform to such requirements, the cost of which shall be borne and paid for by the Applicant. (b) The Applicant shall pay all costs to ensure M &NP's Pipeline(s) shall, in all cases, be of sufficient strength to withstand all stresses and strains resulting from the Crossing. (c) The Crossing shall be constructed so as to cross M &NP's Pipeline(s) at an angle as close as practicable to ninety (90) degrees but not less than forty -five (45) degrees. (d) Parallel casements shall not encroach on the M &NP's Pipeline(s) easement without the prior written consent of M &NP and the owner of the lands being crossed. 19. At any crossing of M &NP's Pipeline(s), except crossings by overhead telephone, telegraph or power Iines, M &NP's Pipeline(s) and the Facility shall be identified by suitable markers. 20. A buried utility shall cross under M &NP's Pipeline(s) unless otherwise approved by M &NP. A clearance of not less than 0.3m shall be maintained at the point of crossing between the utility and M &NP's Pipeline(s) and all other underground structures. In all circumstances, minimum clearances as stipulated in the current edition of Canadian Standards Association CANICSA- 2662 -99 "Gas Pipeline Systems" shall be complied with. Underground utility crossings shall also be subject to the following design constraints: (a) Utilities must be installed at a level grade across the entire width of M &NP's Pipeline easement with the exception of gravity dependent structures. In such cases, the minimum clearances which are specified between the utility and M &NP's Pipeline(s) crossed must be maintained. (b) In the case of any Applicant's buried pipelines, no joints may be made over or under any M &NP Pipeline(s). (c) If Applicant's pipeline(s) will operate under pressure, it/they shall be pre- tested to at least the required test pressure prior to its installation across M &NP's Pipeline easement. (d) If the case of buried power cables, the Applicant shall install a 75mm thick concrete slab, or suitable equivalent, approved by M &NP, placed 300mm above the utility service installation, the full width of M &NP's Pipeline easement. There shall be a minimum separation of 300mm between the top of the concrete slab and the bottom of M &NP's Pipeline(s). This separation shall be maintained over the entire width of the M &NP Pipeline easement(s). The concrete slab should be un- reinforced red dye concrete. The utility shall be permanently identified with "caution" tape on top of the concrete slab. (e) In the case of buried cables, no joints, splices or other connections shall be made within the M &NP Pipeline easement. (f) The method of installation of all utilities crossing M &NP's Pipeline(s) below ground level must be specified in the Applicant's submission to M &NP. 21. A public highway, logging road or private road shall be constructed so that the traveled surface thereof shall be not less than 1.5m above the top of M &NP's Pipeline(s) or the casing pipe, where required. The bottom of the ditches shall be not less than 1.2m above the top of M &NP's Pipeline(s) or casing pipe. Railway Crossino, Requirements 22. The following conditions apply to the crossings of M &NP's Pipeline(s) by railways and shall supplement or supersede the conditions detailed in Section 2, 3, 4 and 5. (a) Where M &NP specifications stipulate, M &NP's Pipeline(s) shall be encased in a metal casing pipe, to be installed by M &NP, the cost of which shall be borne and paid for by the Applicant. (b) Railway crossings shall be constructed to allow the following minimum clearances: (i) One point seven (1.7) meters between the top of M &NP's Pipeline(s) or casing pipe and the base of the rail for a distance of at least 8.Om from the centerline of the outermost track. (ii) One point two (1.2) meters between the top of M &NP's Pipeline(s) or casing pipe and the bottom of the railway right -of -way ditch and /or natural ground surface. Overhead Crossine Requirements 23. The following conditions apply to the crossing of M &NP's Pipeline(s) by overhead telephone, telegraph, telecommunication and electrical power lines: (a) Prior to construction, the Applicant shall determine if electrical interference between the Applicant's facilities and M &NP's Pipeline(s) will occur. If so, the Applicant shall be responsible for providing mitigation design to a level of 15 volts A.C. Steady State; generally in accordance with CSA Standard 022.3 No 6M -1987 (or update), "Principles and Practices of Electrical Coordination Between Pipelines and Electric Supply Lines ". (b) The vertical distance between the lowest wire of an overhead line catenary and the surface of the ground within the pipeline easement shall not be less than the minimum vertical clearance distance set out in that part of the Canadian Electrical Code Part III (CSA Standard 022.3, "Overhead Systems and Underground Systems "). (c) The poles, pylons, towers, guys, anchors and any other supports of an overhead line shall be located outside the M &NP Pipeline casement and not within ten (10) meters of any M &NP Pipeline appurtenance. (d) The Applicant, for an overhead line shall, where directed by M &NP, install aerial warning devices for the protection of M &NP personnel and equipment conducting aerial patrols. Blasting Requirements 24. Prior written approval is required from M &NP if construction of the facility requires the use of explosives. The Contractor shall comply with all applicable government laws, regulations and orders concerning the use, storage and transportation of explosives, including, but not limited to, the Canadian Explosives Act. The Applicant shall comply with the safety requirements of M &NP. 25. The following conditions shall apply whenever any construction activities shall require the need for blasting when working within thirty (30) meters of M &NP's Pipeline(s): (a) The effects of blasting shall be controlled. (b) A leakage survey of the designated area shall be performed prior to and after blasting by the M &NP inspector to determine the effect of such operations, the cost of which shall be borne and paid for by the Applicant. (c) When blasting is necessary in the vicinity of M &NP's Pipeline(s) under pressure, the Applicant shall limit the intensity of the ground vibrations emanating from any particular blast, measured on the ground's surface above the pipeline(s) at the location nearest to the blast to the following specifications: (i) Maximum amplitude of vibrations 0.1524mm. (ii) Maximum horizontal peak particle velocity 50mm /sec. (iii) The permissible quantities of explosive per delay period shall be governed by the recorded measurements as influenced by the work site conditions. (iv) Explosive agents must, in all instances, be acceptable to M &NP. (v) Delays shall be designed to prevent double readings. (vi) Further restrictions shall be stipulated, as required, by M &NP. Cathodic Protection Requirements 26. Applicant agrees to install, at its cost, all cathodic protection facilities deemed necessary by M &NP to protect M &NP's Pipeline(s) or otherwise reimburse M &NP for the cost of such facilities and installation. SCHEDULE `C' Plan Showing Approved Crossing (Prepare 3 prints ofyourproposal drawing as set out in this Schedule `C and attach them to the copies of the letter - agreement you return to M&NP) A drawing of each crossing shall be prepared in accordance with sub - sections A, B and D below. The drawing shall show the location and dimensions of the crossing and the clearance between the lowest catenary and the surface of the ground within the pipeline right -of- -way or its projects limits. Standard Drawing Requirements (NOTE: All views to be combined in one drawing) A. PLAN VIEW Scale: • In metric — scale of 1:500 or at a scale which clearly defines all details of the crossing Dimensions: • Distance along the M &NP Pipeline easement to the crossing from a definable legal limit (i.e. lot line, river, road allowance limit, etc.) • Width of the M &NP Pipeline easement to one -tenth (0.0) of a meter • Location of M &NP's Pipeline(s) within the easement to one -tenth (0.0) of a meter at right angles to the pipeline easement • Angle of the crossing (measured to the M &NP Pipeline easement) • Show the width of the utility easement(s) to one tenth (0.0) of a meter • Width of streets in vicinity of crossing Identify: • Legal description of the crossing location (i.e. property metes and bounds, PID, Parish, town, village, etc.) • All additional M &NP Pipeline appurtenances (i.e. concrete slabs, weights, pipeline markers, etc.) • North arrow • Scale B. SECTION VIEW The section view is to be along the proposed utility that crosses M &NP's Pipeline. Scale: • In metric, vertical 1:100, horizontal 1:200 or to a scale that clearly identifies all details of the crossing Dimensions: • Depth of M &NP's Pipeline(s) to one -tenth (0.0) of a meter • Vertical distance of the proposed utility below grade to one -tenth (0.0) of a meter • Clearance to M &NP's Pipeline(s) • Diameter of each of M &NP's Pipeline to be crossed • Easement or right -of -way limits Identify: • If elevations are assumed, then reference the point of the assumed datum • Distance of the pipeline(s) to the M &NP Pipeline easement limits • Ground surface profile for the 20m on either side of crossing • Scale C. PROFILE VIEW The profile view is to be along M &NP's Pipeline(s) and is only required if the encroachments is on the M &NP Pipeline easement for a definable distance (i.e. parallel encroachments such as roads and any grading of the easement, etc.) Scale: • In metric, vertical 1 :100, horizontal 1:200 or to a scale that clearly identifies all details of the crossing Dimensions: • Depth of M &NP's Pipeline(s) to one -tenth (0.0) of a meter • Depth of the proposed utility to one -tenth (0.0) of a meter • Clearance to M &NP's Pipeline(s) • Diameter of each M &NP Pipeline to be crossed • Easement or right -of -way limits Identify: • If elevations are assumed, then reference the point of the assumed datum • Distance of the pipeline(s) to the M &NP Pipeline easement limits to one -tenth (0.0) of a meter • Ground surface profile for 20m on either side of crossing • Scale • Existing M &NP Pipeline markers D. LOCATION PLAN VIEW Scaler • In metric, scale of 1:12000 or to a scale that clearly identifies the location Dimensions: • Distance to the nearest town of major geographic feature to 0.1 of a kilometer Identify: • Parish, town, village, city, county, regional municipality, etc. • PID, street, highway, road, etc. • North arrow TITLE BLOCK Identify: • Name of the Applicant and the name of the engineering company who compiled the drawing (where applicable) • Drawing number and the date of the drawing • Revision dates (if applicable) • Signature of the applicant and the engineering company • Legal description of the crossing location • Description of the utility • Date of the survey ADDITIONAL INFORMATION Identify: • All specifications of the utility (i.e.) diameter, wall thickness, material to be conveyed, minimum yield strength, operating pressure, field test pressure, mill test pressure, materials comprising the utility, protective devices to be installed and the proper method of installation • Show a note referencing compliance with all applicable CSA standards and the National Energy Board Pipeline Crossing Regulations • Date of the proposed crossing IFURPORT TO CGTVTIWGN COUNCIL M &C #2013 -198 September 10, 2013 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: Initiate Stop -Up and Closure of Public Streets South Market Wharf, Ward Street and Peters Wharf BACKGROUND: City of Saint john In April 2012, Common Council gave 3rd Reading to the rezoning of the property known as Fundy Quay, formerly the Canadian Coast Guard property. The rezoning process also included those lands known as Ward Street and Peters Wharf, which currently make up a portion of the parking lot off Water Street. These "to be" closed streets form part of the conveyance of lands to the developer of Fundy Quay. South Market Wharf serves as a landscaped portion of Loyalist Plaza. The street closure of South Market Wharf is viewed by staff as a "housekeeping" administrative matter. This "to be" closed street will remain under the ownership of the City. The purpose of this report is for Council to set the Public Hearing date and to have Council authorize the public advertising for this process to occur. If Council is in agreement with the above, the following recommendation is provided for their consideration.. RECOMMENDATION: I . That the Public Hearing for the consideration of the passing of a By -law to Stop Up and Close all those portions of Public Streets, known as South Market Wharf, Ward Street and Peters Wharf, as shown on the attached Plan of Survey to M &C 2013 -198, be set for Monday, October 7, 2013 at 7:00 p.m. in the Council Chamber; and 2. That Common Council authorize the publishing of a notice of the intention to consider passing of such By -law. Stop -Up and Closure of Public Streets - 2 - September lb, 2013 Respectfully submitted, Yisngille, BA Real Estate Officer J CGA, MBA Finance And Administrative Services Brian Irvin - BA .._,, Mana eal Estate a 'ck Woods, CGA City Manager I/ - SAINT Initiate Closure of Public Streets YaCi NA 5 , Sal• 000. 14atv.61 LOP, m Printed: 09/10/13 11:01:58 AM YN\ LWOR V Iricess 5apt W'SdA W 1046 ft 44D 000. molvok Plan Na 29301774 Lot 2008 -1 7 393 9W p►d' No dot 440 8a� 35 ?td0 or aP Is"Ne Iwo I , %�`" 4 •� ate WN _ds tE 3 Pt 4 O eel+ P �'d.: Vd• 13� P4 old 7 0aa. ti plan 691 12 37 2 534 233.163 2 834 260.716 7 367 MAN 7 363 pk n 24DDpp77 Caw. " 2-230,794 Logo d bandn �.- ............... ' F....iCl •• sa a.r.... ............ ... ....... . a.lwPole Ll I_anl! d t nfi s Y& o / Fl trapP r.M to" ln 'ltlit. .w�dww... wlwlw ` ........... ... .. ILL 4tld BOO- drdInd. 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N6 Plan Of Survey /Plan d'Arpentage S mfr wwd MrS4 Pie wharf I and SNO 3crkvt Wh&f. q Mm.bart Rue W44 w6l d 4u: Comb d. satrit �' Fianmm. cw19kd cmvc /wm aurae[ xruc R NWJmr r OOMM31,TAN" INC. SrvftVd / 19. X Aw" pw13 . DwM V. PoMMI / 362 Dot' Now Buhwdoh Land du SrvgOer /Arywk �kw-S �aerAha nr4r- Bkw32k.dd Rebecca Crosby 30 Walter St. Saint John, NB E2h 1 Z5 Mayor Mel Norton and Council City Hall Saint John, NB To Mayor Mel Norton: Hi, my name is Rebecca Crosby, I am 10 years old, I attend Glen Fails School. I recently went to Calais, Maine and represented Saint John at the Miss Canada Jr. High Pageant. I placed 1" runner up. This gives me the title of Jr. Miss Canada Galaxy. I now have the Opportunity to represent Saint John in Orlando, Florida. With placing 1St runner up, the trip is not funded, I have to raise the money myself if I want to attend. 1 joined the pageant system to show even autistic children can do anything if they get the help, even though I have been told many times I should not be doing this, I was even spit on once. This just makes me want to do this even more. I am writing to you and the council to see if there are any grants or funding available to help me to achieve this goal and representing Saint John in Orlando. Any information on getting help to raise the money would be appreciated. Thank -you for your time and help V0 o Rebecca M. Crosby w r^ PROCLAMATION WHEREAS: One in every 400 Canadian children will be diagnosed with cancer before reaching the age of 19. The diagnosis of childhood cancer is most often a challenge faced by young parents with other small children and the impact is deeply felt financially, socially and emotionally by the entire family; and WHEREAS: New Brunswick does not have a dedicated children's hospital, the impact of childhood cancer on a family necessarily begins with multiple trips outside the province for treatment, most often for years. This is usually accompanied by a reduction in family income as one parent takes time from work to care for the cancer child. The income loss is magnified by the high costs of travel and at -home care of younger siblings. It is not uncommon for parents to lose all assets as a direct result of out -of- pocket costs associated with providing the best possible care for their child; and WHEREAS: The Saint John Inside Ride, in cooperation with the Lions Sick Children's Fund, is being held in our City for the first time on October 5th to provide financial support directly to local -families impacted by Childhood Cancer which is recognized by the symbol of a gold ribbon. NOW THEREFORE: I, Mayor Mel Norton, of Saint John do hereby proclaim the week of September 21st, 2013 to be National Day of Awareness and Action for Childhood Cancer in Saint John and encourage all residents of our city to join communities across Canada in marking the day by "turning their city gold" in creative ways, and by aiding local families through support of teams who are participating in the Saint John Inside Ride. In witness whereof I have set my hand and affixed the officis the Mayor of the City of Saint John. L�� SaintJohn Board of Trade Making It Happen For Business Sunday Shopping Survey Presentation to Saint John Common Council Monday, September 161h2013 Is The Saint John Board of Trade was asked to provide feedback to Common Council in March of 2013. After a Presentation to our Retail Forum by the Retail Council of Canada, the Saint John Board of Trade decided that the issue was of significant importance to our membership that a more comprehensive engagement strategy was necessary. A letter was sent to Council on April 22nd advocating for the status quo until the Saint John Board of Trade had sufficient time to survey the entire membership. Online S Surveys are cost efficient and allow us to reach any member that wishes to participate Allows all members an opportunity to participate with easy access and the ability to complete the survey on their own schedule This survey was purposely created to only include 2 questions as to focus directly on the issue and to minimize the time needed to take the survey Methodo',' 543 companies were contacted with a 42% response rate, or 228 companies Survey carries an error rate of +/ -6.5% at a confidence level of 95% Survey was conducted from August 20th to September 10th. This study is the sole property of the Saint John Board of Trade. However, the Saint John Board of Trade permits any agency, company, media outlet, or institution to reproduce the following study, either in whole or in part. 85.1 % believe that businesses should have the option to choose their own hours on Sunday .1 C 70 -v 0 60 v 50 0 40 C 30 v i 20 v a 10 0 [VALUE] Sunday Shopping 13.6% 1.3% In some jurisdictions store owners can choose their own hours of operation on Sundays. Would you support a similar initiative in Saint John that would allow store owners the flexibility to choose their own hours on Sundays? u YES ■ NO ■ UNDECIDED 84.3% support complete flexibilitv in Sunday shopping hour W11, Ln 80 70 o 60 0_ v 50 0 40 30 20 L 0 10 a I Morning Hours 84.3% [VALUE]% [VALUE].5% Would you support a stipulation that only allows stores to open after noon with the hours of their choosing or should store owners be able to open any hours of their choosing on Sundays? Store Owners should be able to choose their own hours but should not be able to before 12:00pm ■ Store Owners should be able to choose their own hours including the morning UNDECIDED 0 Motion The Saint John Board of Trade recommends that the Saint John Common Council amend the Sunday Shopping by -law to allow for retailers to choose their own hours of operation on Sundays. A LAW TO AMEND A BY -LAW RESPECTING TRAFFIC ON STREETS IN THE CITY OF SAINT JOHN MADE UNDER THE AUTHORITY OF THE MOTOR VEHICLE ACT, 1973, AND AMENDMENTS THERETO ARRETE MODIFIANT L'ARRETE RELATIF A LA CIRCULATION DANS LES RUES DAMS THE CITY OF SAINT JOHN EDICTE CONFORMEMENT A LA LOI SUR LES VEHICULES A MOTEUR (1973) ET LES MODIFICATIONS AFFERENTES Be it enacted by the Common Council of Lors d'une rdunion du conseil municipal, The City of Saint John as follows: The City of Saint John a ddcrdtd ce qui suit: A By -law of The City of Saint John entitled "A By -law Respecting Traffic On Streets In The City of Saint John Made Under The Authority of The Motor Vehicle Act, 1973, and Amendments Thereto "_ enacted on the I 91 day of December, A.D. 2005, is hereby amended as follows- 1 Schedule R — List of Streets Excluded from Winter On- Street Parking Restriction - is amended by adding the following words under the following headings : Street Limits Douglas Ave. Brunswick Place to Bentley Street. 2 Schedule B — No Parking Anytime - is amended by deleting the following words under the following headings: Street Side Limits Douglas Ave Both Brunswick Place to a point 190 meters northerly 3 Schedule B No Parking Anytime - is amended by adding the following words under the following headings: Street Side Limits Douglas Ave West Brunswick Place to Bentley Street Par les prdsentes, Parretti de The City of Saint John intituld o Arrete relatif a ]a circulation dans les rues dans The City of Saint John edicts conformement a la Loi sur les Whicules a moteur (1973) et les modifications affdrentes », decrdte le 19 ddcembre 2005, est modifie comme suit: 1 L'Annexe R — Liste des rues exemptes de la restriction de stationnement sur rue pendant Phivers — est modifde par I'adjonction des mots suivants sous les titres suivants : Rues Limites avenue Douglas de ]a Place Brunswick a la rue Bentley 2 L'Annexe B — Interdiction de Stationner en tout temps — est modifide par la suppression des mots suivants sous les titres suivants . Rues Cote Limites avenue Douglas des deux de la PIace Brunswick cotes a un point situe A 190 metres en direction nord 3 L'Annexe B — Liste des rues exemptes de la restriction de stationnement sur rue pendant I'hivers — est modifiee par 1'adjonction des mots suivants sous les titres suivants : Rues Cote Limites avenue Douglas ouest de la Place Brunswick A la rue Bentley Douglas Ave East 70 metres north of Brunswick Place to 137 metres north of Brunswick Place IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law- the day of , A.D. 2013 signed by: Mayor /Maire avenue Douglas est un point situd a 70 metres au nord de la Place Brunswick a un point situd a 137 metres au nord de la Place Brunswick EN FOI DE QUOI, The City of Saint John a fait apposer son sceau municipal sur le prdsent arr&6 le 2013, avec les signatures suivantes : Common Clerk/greffier communal First Reading - September 3, 2013 Premiere lecture Second Reading - September 3, 2013 Deuxieme lecture Third Reading - Troisieme lecture - le 3 septembre 2013 - le 3 septembre 2013 BY -LAW NUMBER C.P. 110 -217 A LAW TO AMEND THE ZONING BY -LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: The Zoning By -lam- of The City of Saint John enacted on the nineteenth day of December, A.D. 2005, is amended by: ARRETE No C.P. 110 -217 ARRETE MODIFIANT L'ARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une reunion du conseil communal, The City of Saint John a ddcrdtd ce qui suit: Uarret6 sur le zonage de The City of Saint John, ddcrdt6 le dix -neuf (19) ddcembre 2005, est modifid par: 1. Adding the following to the list of 1 zones in Section 30(l): "special zones SZ -28" 2. 3. Adding the following as Section 740(28): "Special Zone #28 SZ -28 a) Uses Any land, building or structure may be used for the purpose of, and for no other purpose than, i) the following uses: an access road for an electrical substation; all uses permitted in Section 120(1)(a); ii) the following uses subject to such terms and conditions as may be imposed by the Committee: - all uses permitted in Section 120(1)(b); iii) subject to Section 830, an accessory building, structure or use, incidental to a use, building or structure permitted in this zone. b) Zone Standards Standards for development in Special Zone #28 shall be as set out in Section 120(2), and Section 810 to 910 where this zone shall be considered an "R" zone, an "RS" zone, or an "RS -2" zone, as the case may be." Rezoning a parcel of land with an area of approximately 3137 square metres, located at 304 Westmorland Road, also identified as being a portion of PID Nos. 00415422, 55026744, 55026736, 55026728, 55026710 and 55119648, from "RS -2" One and Two Family Suburban Residential to "SZ -28" Special Zone #28 L'adjonction de 1'e16ment suivant a 1a liste de zones du paragraphe 30(1) : zones sp6ciales SZ -28 >> 2. L'adjonction du paragraphe 740(28) qui se lit comme suit: o Zone spdciale n° 28 SZ -28 a) Usages Tout terrain, batiment ou structure ne peut We affect6 : i) qu'aux utilisations suivantes une route d'acces pour un poste 6lectrique; toutes les utilisations permises en vertu de Palinea 120(1)(a); ii) qu'aux utilisations suivantes, sous reserve des conditions imposdes par le comit6 : - toutes les utilisations permises en vertu de Palinda 120(1)(b); iii) sous reserve de Particle 830, qu'a une utilisation auxiliaire ou accessoire lide a une utilisation, un batiment ou une structure permis dans cette zone. b) Normes de zone Les normes d'amenagement dans la zone sp6ciale n° 28 doivcnt titre conformes aux dispositions du paragraphe 120(2) et des articles 810 a 910, et la zone en question doit titre consider6e en tant que zone o R >>, zone « RS » ou zone RS -2 >>, selon le cas. » 3. Modification du zonage d'une parcelle de terrain d'une superficie d'environ 3 137 metres carr6s, situde au 304, chemin Westmorland, et dtant aussi une partie des N1D 00415422, 55026744, 55026736, 55026728, 55026710 et 55119648, de zone rdsidentielle de banlieue — habitations unifamiliales et bifamiliales << RS-2 » a zone spdciale n° 28 « SZ -28 » - all as shown on the plan attached hereto and forming part of this by -law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the day of *, A.D. 2013 and signed by: Mayor/Maire - toutes les modifications sont indiquees sur le plan ci joint et font partie du present arrete. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le 2013, avec les signatures suivantes : Common Clerk/Greffier communal First Reading - September 3, 2013 Premiere lecture - le 3 septembre 2013 Second Reading - September 3, 2013 Deuxieme lecture le 3 septembre 2013 Third Reading - Troisieme lecture GROWTH & DEVELOPMENT SERVICES 1 SERVICES DE DEVELOPPEMENT ET DE CROISSANCE REZONING 1 REZONAGE Amending Schedule "A" of the Zoning By -Law of The City of Saint John Modifiant Annexe «A» de I'Arrete de zonage de The City of Saint John FROM I DE TO 1 A RS -2 SZ -28 One And Two Family Surburban Residential 1 Special Zone 281 zone residentielle de banlieue- habitations zone speciale no. 28 unifamiliales et bifamiliales Applicant: Hughes Surveys and Consultants Inc. { on behalf of Saint John Energy) Location: 304 chemin Westmorland Road PID(s)INIP(s): Portion of/de 00415422, 55026744, 55026736, 55026728, 55026710, 55026702 & 55119648 Considered by P.A.C.Iconsidere par le C.C.U.: August 20 aout, 2013. Enacted by Council /ApproM par le Conseil: Filed in Registry Office /Enregistre le: By -Law #IArrete # ' Drawn By /Creee Par: David Couture Date Drawn /Carte Creee: September 9 septembre, 2013. BY -LAW NUMBER C.P. 110 -218 A LAW TO AMEND THE ZONING BY -LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: The Zoning By -law of The City of Saint John enacted on the nineteenth day of December, A.D. 2005, is amended by: 1 Amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 1.5 hectares, located at 2240 Red Head Road, also identified as being PID Nos. 00337022 55050892 and a portion of PID No. 55183800, from "RFM" Rural Mobile Home to "1 -2" Heavy Industrial pursuant to a resolution by Common Council under Section 39 of the Community Planning Act. - all as shown on the plan attached hereto and forming part of this by -law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Sea] of the said City to be affixed to this by -law the * day of *, A.D. 2013 and signed by: Mayor/Maire ARRETE No C.P. 110 -218 ARRETE MODIFIANT L'ARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une reunion du conseil communal, The City of Saint John a ddcrdtd ce qui suit : L'arrdtd sur le zonage de The City of Saint John, ddcrdtd le dix -neuf (19) ddcembre 2005, est modifid par: 1 La modification de ]'annexe «A», Plan de zonage de The City of Saint John, permettant de modifier la designation pour une parcelle de terrain d'une superficie d'environ 1,5 hectares, situde au 2240, chemin Red Head, et portant les NID 00337022 et 55050892, et dtant aussi une partie du NID 55183800, de zone rurale de maisons mobiles « RFM » a zone d'industrie lourde o I -2 » conformdment a une resolution adoptde par le conseil municipal en vertu de ]'article 39 de la Loi sur Purbanisme. - toutes les modifications sont indiqudes sur le plan ci joint et font partie du present arrdte. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrdte le 2013, avec les signatures suivantes : Common Clerk/Greffer communal First Reading - September 3, 2013 Premiere lecture - le 3 scptembre 2013 Second Reading - September 3, 2013 Deuxieme lecture - le 3 septembre 2013 Third Reading - Troisieme lecture - GROWTH & DEVELOPMENT SERVICES 1 SERVICES DE DEVELOPPEMENT ET DE CROISSANCE REZONING 1 REZONAGE Amending Schedule "A" of the Zoning By -Law of The City of Saint John Modifiant Annexe «A» de I'Arrete de zonage de The City of Saint John v x x 4 C. FROM 1 DE TO 1 A RMF 1 -2 Rural Mobile Home 1 F* Heavy Industrial 1 zone d'industrie lourde zone rurale de maisons mobiles Pursuant to a Resolution under Section 39 of the Community Planning Act Conformement a une resolution adoptee par le conseil municipal en vertu de I'article 39 de la Loi sur I'urbanisme Applicant: Cobalt Properties Location: 2240 chemin Red Head Road PID(s)INIP(s): 00337022, 55050892 & portion of/de 55183800 Considered by RA.C.Iconsidere par le C,C.U.: August 20 aout, 2013. Enacted by Council /Approuve par le Conseil: Filed in Registry Office /Enregistre le: By -Law #IArrete # Drawn By /Creee Par: David Couture Date Drawn /Carte Creee: September 9 septembre, 2013. Section 39 Conditions — 2240 Red Head Road That, pursuant to the provisions of Section 39 of the Community Planning Act, the use of a parcel of land with an area of approximately 1.5 hectares, located at 2240 Red Head Road, also identified as being PID Numbers 00337022, 55050892 and a portion of PID Number 55183800, be subject to the following condition: aj The use of the property is limited to an access road, a freestanding sign and a gatehouse. The City of saint john September 11, 2013 Your Worship Mayor Mel Norton and Fellow Members of Council Subject: Providing service & or help to Residents On a number of occasions since I have been on Council I have been contacted by residents throughout the City who have had problems within their neighbourhood and were told by city staff it's between the land owners, and the city does not get involved between land owners. Nor do they get involved with contractors, who have been hired by the city, and the contractors tell the residents to contact the city or to contact their insurance company, the city still does not get involved with this either. These residents are the people who are paying the bills for all and any activity that goes on in our city and without them paying for their property taxes nothing could get done. I move that: The City Manager make a recommendation to Council, within 30 days, a policy that will help residents who have been flooded out, problems with by -law enforcement, etc come to a satisfactory outcome with their issue. If this ends as a monetary issue with the need for putting in place a proper mechanism for dealing with the above mentioned, right up to the hiring of a staff person to do so, the City Manager is to put this item in the 2014 budget. Respectfully Submitted, Bill Farren Councillor (received via email) 440*�_`1_11-. - S.,&NT JiCA N PCB..%rx 1971 &iint )evert, MR C wWj E2L 4L1 a mw v.sa7ngo %n..a I C..P.1971 5:fJnt john, iR--P. i Ar1,1-d a FA rti<.1 r _1 ' RR September 11, 2013 Mayor Mel Norton and Members of Common Council Your Worship and Councillors: Subject: Budget Scheduling I would like to have the City Manager prepare a schedule for Departments and/or Organizations to present to Council and advise us when he expects to give us an overview on what our schedule will be for upcoming budget meetings. Motion: Refer to the City Manager for his report on Budget scheduling to be given to Council soon. Respectfully Submitted, Shirley McAlary Councillor (received via email) (i�- SAINT JOIIN P.O. Sox 1971 Saint John, NB Canada EA 4L1 f vwAmsaiTlt ohn.f a f C,P.1 97 "1 Saint John, M-3. Canada FA 4L f The city of saint John September 11, 2013 Mayor Mel Norton and Members of Common Council Your Worship and Councillors: Subject: Timing /Cancellation of Closed Committee of the Whole Session For discussion: If it is a question on whether we are to have or not to have a closed committee meeting, perhaps as a result of lack of items or change of timing because of another meeting and/or event, would it be possible for the City Manager and Common Clerk to always have a discussion with the Mayor and /or Deputy Mayor before making that decision. This will allow the Mayor and /or Deputy Mayor to possibly know if the Members of Common Council may or may not have an issue that they feel needs to be discussed at a closed meeting. Also perhaps if there are no items for the agenda, some of our past requests for updates on various items could be scheduled. Motion: Before a decision is made on change of timing or cancellation of a Closed Committee Meeting, discussion should take place with the Mayor and /or Deputy Mayor. Respectfully Submitted, Shirley McAlary Councillor (received via email) GA N'i 401IN PO. Box 11,471 Saint John, P'-iF, Lar ea FA 1 I vjl w- sain�oh# -].(aJ I l_-P 1971 Saini Jahn, NA. Cziu- a E2140 The City of saint John September 11, 2013 His Worship Mel Norton and Members of Common Council Your Worship and Councillors: Subject: investNB Background: Earlier this year circulated a document from investNB that provided an update on their performance to date against the goals that they had set. That document showed the metrics around the number of leads required to get a project to completion. investNB, particularly the Saint John team, continues to work closely with Enterprise Saint John to optimize lead generation, however, their President and CEO Robert MacLeod would also like to take advantage of any potential leads Council and /or Senior Staff may become aware of. Motion: That Staff be directed to arrange a special COW meeting for the purposes of understanding the investNB business model, lead generation and closure process as well as the roles and opportunities for the municipality, its Council and Staff. Respectfully Submitted, Dr. Shelley M. Rinehart Deputy Mayor (received via email) SAINT JCIIN P.O. Box 1971 Saint John, i�B Canad o EA 4L1 I vAevw.sainq&in.cz� I C.P. 1971 Saint. Jahn, N.-B. Canada EA 4L REPORT TO COMMON COUNCIL M &C2013 -197 September 17, 2013 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Council: SUBJECT: Saint John Water — Tandem Truck Replacement BACKGROUND "• The City of Saint john As part of the 2012 Fleet Replacement Program, two (2) tandem dump trucks were identified for Saint John Water as requiring replacement. Saint John Water (water distribution and wastewater collection pipe crews) utilizes tandem dump trucks for hauling large amounts of construction materials (sand, gravel, pipe, etc.) to and from the various job sites throughout the City. INPUT FROM OTHER SOURCES — MATERIALS MANAGEMENT Tender no. 2013- 232014T for the supply of two (2) 68,000 GVWR Tandem Dump Trucks was issued on August 9, 2013 and closed on August 28, 2013 with the following submissions (excluding HST): COMPANY NAME MAKE TENDERED PRICE* Valley Equipment Ltd. Freightliner $138,289.00 East Coast International International (Del dump body) $141,345.94 East Coast International International Parts for trucks dump body) $141,470.94 Universal Sales Western Star $144,504.00 *Per vehicle Staff of Materials Management and Fleet Services have reviewed the tenders and have found them to be complete and formal in every regard. Staff believes that the low tenderer has the necessary resources and expertise to perform the work, and recommend acceptance of their tender. The above process is in accordance with the City's Procurement Policy and Materials Management support the recommendation being put forth. FINANCIAL IMPLICATIONS If awarded as recommended, the total cost to purchase two (2) 68,000 GVWR Tandem Dump Trucks will be $276,578.00 plus HST ($138,289.00 per vehicle). Tandem Truck Replacement September 17, 2013 Report to Common Council, M & C 2013 - 197 page 2 FINANCIAL IMPLICATIONS CONT'D... This is a planned expenditure for which funds are included in the 2013 Fleet Reserve Fund (as previously approved at Common Council's meeting on October 29, 2012 (02.7)). RECOMMENDATION It is recommended that Common Council award the tender for the supply of two (2) 68,000 GVWR Tandem Dump Trucks to the low bidder, Valley Equipment Ltd., in the amount of $276,578.00 plus HST. Respectfully submitted, Kendall Mason, P. Eng., PMP Deputy Commissioner Saint John Water Wm. Edwards, P. Eng. Commissioner Saint John Water J. Patrick Woods, CGA City Manager REPOT TO COMMON COUNCIL M &C2013 -199 September 10, 2013 His Worship Mayor Mel Norton & Members of Common Council Your Worship and Members of Council, SUBJECT; SECONDMENT AGREEMENT - P3 STAFFING BACKGROUND .17, The City of Saint John Council, at its meeting of August 12, received a staff update respecting the City's application for P3 funding for Safe Clean Drinking Water. Included in the update was a proposed project team alignment complete with staffing requirements. Part of those staffing requirements included the secondment of two (2) Province of New Brunswick employees. Council was advised that the terms and conditions of the secondments were not finalized at that time and therefore a subsequent report with the details of the secondments would be provided for Council's consideration. Subsequent to the staff report, one of the two individuals to be seconded declined the offer. The other secondment, that of Mr. Blaney, is still proceeding subject to Council's approval. Attached to this report are the terms and conditions of the secondment; such terms having been agreed upon by the City's Human Resources Department, the City's Legal Department, and the Province of New Brunswick. RECOMMENDATION Your City Manager recommends that Council approve the attached secondment agreement and further that the Mayor and Common Clerk are authorized to execute that Agreement. Respectfully submitted, Win. Edwards, P. Eng. Commissioner Saint John Water J. Patrick Woods, CGA City Manager Secondment Agreement AMONG: THE CITY OF SAINT JOHN - and - (Third Parry) HER MAJESTY THE QUEEN in right of the Province of New Brunswick as represented by the Minister of Transportation and Infrastructure - and - Frederick M. Blaney (Original Employer) (the "Employee") WHEREAS It has been agreed by the Third Party, the Original Employer and the Employee that the Employee be seconded from the original Employer to the Third Party for the purposes of assuming duties and responsibilities as f=airness Monitor and Project Engineer for the Third Party's Safe, Clean Drinking Water ( "SCDW ") Program; AND WHEREAS the parties agree that the secondment is governed under the following terms and conditions. The parties hereto agree as follows. 1. Term 1.1 This Agreement shall commence. on September 23'4, 2013 and shall continue until September 13th, 2014 (the "Tenn"), subject to an option to renew for a further period. Notwithstanding the foregoing, the Term and any further renewal thereof may be brought to an end prior to its expiration In accordance with either Article 6 or 7 hereof (the 'Te rrn "). 2. Seconded services 2.1 During the Term, the Employee shall remain an employee of the Original Employer and shall be assigned to perform duties by the Third party as set out in the position description attached as Schedule "A ", and such other duties that may be Identified by the SCDW Project Manager. 2.3 During the Terra, the Third Party will review, as required, the Employee's work and it will, at completion of the Term, provide a written evaluation of the Employee's overall performance to the Original Employer. The Third Party agrees to maintain all records related to the secondment of the Employee and shall transfer any records relating to the Employee's secondment to the Original Employer upon completion of the Term. 2 L 3. Conditions 3.1 During the Term, the Original Employer shall pay to the Employee his regular annual salary (pro- rated at bi- weekly Intervals) at his current classification and pay grouping of 115M, Step`Rwithin the Original Employer's Management and Rion -Union Pay Plan, subject to any step increases that arise by operation of the policies of the Original Employer. Moreover, the Original Employer shall make employer contributions to any and all benefits of the Employee that would arise in the regular course. 3.2 The Third Party agrees to reimburse the Original Employer for the cost of the Employee's salary together with employer contributions to benefits by the Original Employer pursuant to Article 3.1 hereof. The Original Employer shall establish a monthly billing system, which shall result in a monthly pro -rated payment being made by the Third Panty. 3.3 notwithstanding Articles 3.1 and 3.2 hereof, the parties acknowledge and agree that on very discrete and limited occasions during the Term, the Original Employer may require the services of the Employee Should the Original Employer require the services of the Employee, any payments made by the Third Party to the Original Employer pursuant to Articles 3.1 and 3.2 shall be adjusted on a pro -rated basis to account for time spent away from the Third Party. The Original Employer shall, on those occasions when it requires the services of the Employee, provide as much notice as possible to the SiCDW Project Manager, and the Third Party and Original Employer shall work together to ensure that the Original Employers requirements of the Employee cause as little disruption as possible to the Third Party. 3.4 The Original Employer hereby acknowledges and agrees that the operation of this Agreement shall not affect or interfere with the Employee's maintenance and accumulation of benefits with the Original Employer. 3.5 The Third Party agrees to reimburse the Employee or the Original Employer as the case may be for travel costs, which shall be limited to mileage, meals and accommodations, in accordance with the Third Party's Travel Policy, which is attached hereto as schedule "B". 3.6 The Third Party shall, at its sole cost and expense, furnish the Employee with a computer and any other office equipment or technology deemed necessary by the SCDW Project Manager for the Employee to discharge his duties and responsibilities to the Third Party under this Agreement, The Employee acknowledges and agrees that he shall abide by any and all policies of the Third Party respecting the use of such computer, office equipment or technology. 4. Confidentiality 4.1 The Employee shall keep strictly confidential all information concerning the Original Employer and /or Third Party, or any of the business or activities of the Original Employer and/or Third Party acquired as a result of participation in this Agreement. 4.2 The Original Employer agrees to acknowledge credit to the Third Party of any published and unpublished printed information associated with the Employee In any way during the course of the secondment. 3 5. #laid Harmless 5.1 The Original Employer agreesto hold the Third Party harmless: (a) From any and all claims, demands, actions or causes of action by the Employee which relate in whole or in part to the Agreement, or the secondment of the Employee from the original Employer to the Third Party or the appointment of the Employee pursuant to Article 2.1; (b) From any and all third party claims, demands, actions or causes of action, including those arising out of negligence, wilful harm, or crimes by the Employee which occur during the Term; and (c) From any and all costs associated with claims made by the Employee under the Workers' Compensation Act which arise, in whole or in part, during the Term for which the Third Party is liable. 6. 'Termination 6.1 The Original Employer or the Third Party may terminate this Agreement on one (1) months written notice. 6.2 The Original Employer or the Third Party may terminate this Agreement on less than one (1) months written notice on terms which are mutually acceptable to the original Employer and the Third Party. 6.3 In the event of termination of this Agreement under Article 6.1 or 6.2, the Original Employer and the Third Party shall pay to each other such amounts as each may be entitled to receive from the other up to the date of termination. 7. Completion of Assignment. 7.1 immediately after completion or termination of this Agreement, the Employee shall return to the Original Employer with a position equivalent to and at the same classification and pay level as if the secondment had not been in place. If the Original Employer is subject to workforce reductions which would have resulted in the Employee being laid off if the Employee had not been on secondment pursuant to this Agreement, the Employee will be provided with the same treatment and entitlements as other departmental employees. SIGNED, SEALED AND DELIVERED } this day of 2013, before me* } } ) Common Cleric Resolution Date: Third Party mayor SIGNED, SEALED AND DELIVERED ) this `day of ttu�J 2013, before me: ) } SIGNED, SEALED AND DELIVERED } thisA day of 2013, before me:) } } } Original Employer ;2 � 6L:::2' Fr derlcic M. Blaney 5 Schedule "Am JOB OESOMON POSITION: Fairness Monitor and Project Engineer (SC©W Program) DEPARTMENT: Saint John Water CLASSIFICA1 019, Secondment from Province of New Brunswick Reporting to the Project Manager of the Safe, Clean prinking Water (5CDW) Program, the Ctuality, and Process Engineer works to ensure that every citizen of Saint John has access to clean and safe drinking water. ,MATURE OF WORK The Fairness Monitor and project Engineer supports The City of Saint John in achieving its long -terra vision and goal for safe, clean drinking water. Services are delivered to enhance the quality of drinking water and proteathe natural environment with the treatment of residual waste. SCt7W Program Duties The Fairness Monitor and Project Engineer provides expertise in the Private Public Partnership (P3) process and • Ensures a fair process for the bidders; In conjunction with appropriate Third Party staff, advises on RFCVRFP processes and trains evaluators prior to proposal review; r In conjunction with appropriate Third Party staff, develops procedures to be followed during procurement to ensure fairness and f011ows procurement policies established by the Third Party's Common Council; Monitors all program team members; • Ensures compliance with industry best practices for P3 programs; Communicates with external proponents and ensures that all communications with proponents are fair and appropriate. During Procurement Phase + Supports development of procurement documents, contractor deliverables and routine submissions in accordance with industry best practices and writes specifications as necessary for Inclusion Into the documentation; • Supports development of evaluation criteria of bidders; Supports evaluation of bids, including analysis on construction pricing to production rates, commodity pricing, fees, etc; • Develops overall construction execution plan integrating all elements of program scope and contractor packages; • In conjunction with appropriate Third Party staff, develops and reviews documentation for tender documents; • Participates on the technical committee, as required, and • Shares the program management workload of the Design and Construction Engineers and performs General Program Management and engineering duties to ensure that the needs of the 5J Water Operations group are met. The fairness Monitor and Project Engineer also provides engineering services to support the integrity of the municipal Infrastructure through high quality, cost effective engineering support as required by • Providing advice to the Project Manager with respect to fairness and acts as an advisor to the Project Manager and others on various aspects of the program processes; • Ensures that documents are complete and accurate; + Providing technical advice related to water, wastewater, storm drainage and transportation systems and services; • Assessing technical needs, issues and construction management and providing reports on engineering standards and programs, • Researching, advising, selecting and maintaining high quality general specifications; s Understanding and diligently administering the City's policy for tendering of construction contracts and guiding other staff and consuEtants in doing so; and Providing technical guidance and advice to operations and technical staff to ensure effective and sustainable construction and maintenance practices. Support community infrastructure needs In a particular area of focus by • Researching new, better and more cost effective construction products and methods, Conducting thorough analysis, resource and budgetary planning, monitoring and high quality reporting; Studying and advising on municipal infrastructure needs and asset management systems; Preparing requests for proposals for engineering studies and participating in the valuation of submissions and • Preparing applications for infrastructure funding from other governments. ESSENTIAL. QUASI El CATI0hiS1 Ability to work in a team based environment Strang conceptual and analytical thinking ability Ability to work cooperatively with internal and external clients Experience in Project Management in a civic environment Education and Certification An undergraduate degree and Diploma in Civil Engineering Must be registered as a Professional Engineer in good standing with the Association of Professional Engineers and Geoscientists of New Brunswick A proficiency level of knowledge of Microsoft Cffice Systems and a Class 5 Driver's License are required ,eefteAatc ",3 CITY OF SAINT JOHN TRAVEL POLICY for MLOYESS My 2000 REPORT TO COMMON COUNCIL M & C — 2013 -177 August 12, 2013 His Worship Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: Safe, Clean Drinking Water Program - Update The purpose of this report is to update Council on the status of the City's application for funding from PPP Canada; and to seek Council's authorization to proceed on certain matters pertaining to the application. The funding application for "Round S" consideration was submitted to PPP Canada, by the City, on June 12, 2013, in the hope that it could be considered at the September meeting of the PPP Board. While the application was relatively simple (only 19 pages), the supporting documentation, clarifications, additional engineering and cost estimates required have been significant. The P3 application process is extremely rigorous, project specific, and requires considerable resources and effort from the applicant. Staff of PPP Canada, while seemingly relentless in their pursuit of detailed specific information, have been very helpful in guiding the City through the process. PPP Canada staff have repeatedly indicated that the City has a strong application and they have expressed optimism in the outcome. Currently, the City's application is being reviewed by PPP Project Development and the Investment Group concurrently. From there, a report and recommendation will be forwarded to the Board of Directors. "As discussed our plan is to accelerate the internal review and documentation to bring this project to our board in September. However we will need your .full cooperation to address remaining issues and amend the business case with these requirements. The two groups at PPP Canada are now reviewing the SJ business case. Project Development has teamed up with the Investment group to complete this review and author the report to our board which is under development." (Excerpt from email sent to Bill Edwards from PPP Canada on July 19, 2013) As stated, PPP Canada are rigorous in then- approach to the analysis of all applications for funding. PPP Canada must be absolutely assured that their investment in a project is sound from both an economic perspective, and from a public procurement perspective. In that regard, there is strict adherence to policies and protocols respecting the procurement process. Transparency, fairness, and 120 M &C 2013 -177 Page 2 competitiveness are key elements. Further, commitment from the project sponsor, the City, is paramount. Financial capacity /tolerance, staffing commitment and availability, as well as public engagement strategies, are significant considerations in the P3 funding considerations. The City has been asked to identify, develop, and communicate these strategies to PPP Canada. Staf in2 Apart from the obvious need to demonstrate financial capacity, staffing and engagement of qualified professionals is key to achieving a successful procurement and a successful project. Both the City and PPP Canada recognize this need and have collaborated to structure a team to lead a successful project. Appended to this report (Appendix A) is a series of diagrams (organizational structures) depicting the various staffing expertise comprising each of the governance teams. The roles and responsibilities described therein, along with the individuals filling those roles, will ensure a positive outcome for the application and its project delivery. The individuals being engaged are City employees, Provincial employees on secondment, and contract employees. Special thanks to the Premier's Office for extending the offer to engage staff from Partnerships New Brunswick (PNB). Council will note that all positions are not full -time for the duration of the project. Nevertheless, the City administration must be cognizant that the assignment of key employees to this project will put a capacity strain on some City Departments; in some cases for an extended period. Some employee backfilling and/or external support will likely be required in certain instances. In the recommendations that follow, Council is asked to approve: the governance structure (Appendix A), the secondment of two (2) PNB employees, the filling of three (3) temporary employees (1 part-time Procurement Specialist, 1 full - time Communications Support, 1 Records and Information Manager). (Note: The Communications Support and the Records and Information Manager positions to be filled at a future date as determined by the City Manager). Going Forward As stated previously, the City's application is now in the Business Case and Investment stage of the process. As this moves forward, staff continues to prepare to move to the first significant stage of procurement, the issuance of the RFQ (Request for Qualifications from potential bidders). In anticipation of PPP Canada approvals, staff have prepared and issued (July 31) an RFP (Request for Proposal) for an "Owner's Engineer ". The "Owner's Engineer" will be an engineering firm, or consortium of firms with demonstrated expertise in the engineering design and construction of drinking water systems within a public- private partnership model. The "Owner's Engineer" will work on behalf of the City. Very broadly, the "Owner's Engineer" is to ensure that all phases of the project are in full compliance 121 M &C 2013 -177 Page 3 with project documents, commissioning protocols, and construction standards. More specifically, the "Owner's Engineer" is to advance the degree of available information relative to the data collection, site surveys, preliminary design and cost estimates, etc. A full description of the "Owner's Engineer" duties is found in the RFP documents. The "Owner's Engineer" will also be a key participant in the evaluation of the RFQ and the preparation and evaluation for the subsequent RFP for the project. Staff anticipate a recommendation to Council in late September for the engagement of the "Owner's Engineer ". Another key participant in the governance model is that of specialized legal advisors. Staffs are now in the process of putting together an RFP for legal services. Similar to the "Owner's Engineer ", we will be seeking the services of a law firm which has demonstrated expertise in public- private partnerships. Two very critical components of a successful P3 process are the upfront development of output specifications, and the subsequent language of the contract agreement at Financial Close. It is imperative that the City have the very best professional advisors in the preparation of these documents. The agreement will be for 30 years. Staff anticipates issuing this RFP for legal services in late September. In September 2012, staff called for proposals from prequalified P3 consultants to assist the City in the preparation of the Business Case, Value for Money, and Affordability Analysis Council subsequently awarded to PricewaterhouseCoopers (PwC). At the time, Council recommended that only Phase 1 of the RFP be awarded; whereas there were uncertainties and some lack of clarity as to how the City's application would be accepted and processed though PPP Canada, The RFP had required that separate pricing be identified for each of the three phases. Accordingly, PwC was engaged for Phase 1: Evaluation and Recommendation of Business Case and Procurement Models at a contract price of $80,000 plus HST and disbursements. The application and evaluation processes proved to be much longer and rigorous that anticipated by both the City and PwC. This, coupled with the requirement to re -apply to "Round 5 ", necessitated considerably more effort and time to be expended by City staff, PwC, and PPP Canada staff. The additional costs incurred by PwC have been billed to the City in accordance with their hourly rate as submitted in their response to the RFP. This additional amount is approximately, $125,000 plus taxes and disbursements. Whereas the City is now confident that the P3 application for funding is continuing to be processed, it is appropriate (and necessary) to further engage PwC for Phases 2 and 3 of the advisory services proposal. The costs are estimated to be - Phase 2: Commencement of the Procurement Process - $230,000, and Phase 3: Negotiations and Financial Close - $50,000. Accordingly, staff are recommending the further engagement of PwC as outlined below. 122 M &C 2013 -177 Your Worship and Council, your staff are very confident that PPP Canada will consider favorably the City's application for funding for the Safe, Clean Drinking Water Program. We believe that we have met a very rigorous analysis required by PPP Canada and we firmly believe that the P3 approach will yield significant value for money for the ratepayers of the City of Saint John. There is considerable work to be done over the next months and years, and with the continued commitment and support of Council, the objectives for SCDW will be obtained. RECOMMENDATIONS: It is recommended that: 1. Council approve the governance structure as outlined in Appendix A. 2. Council authorize the secondments of two (2) provincial employees (specialists in P3 procurement), and approve the hiring of one (1) additional part -time individual (specialist in P3 procurement). Approve the hiring of two temporary positions (one (1) Communications Office, one (1) Common Clerk's Office). See attached Appendix B. 3. Council authorize the additional payment to PricewaterhouseCoopers for the Phase 1 procurement in the amount of $125,000 plus taxes. 4. Council authorize the engagement of PricewaterhouseCoopers for Phase 2: Commencement of the Procurement Process and Phase 3: Negotiations and Financial Close. Price not to exceed $350,000 plus disbursements and taxes. 5. This report be received and filed. Respectfully submitted, Wm. Edwards, P.Eng. Commissioner of Transportation & Environment and Saint John Water WmElpmc Attachments (2) 123 J. Patrick Woods, CGA City Manager Page 4