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2023-03-27_Agenda Packet--Dossier de l'ordre du jour�B City of Saint John Common Council Meeting AGENDA Monday, March 27, 2023 5:15 pm 2nd Floor Common Council Chamber, City Hall An Electronic means of communication will be used at this meeting. The public may attend the meeting in person in the Council Chamber or view the meeting on the City's Website (wwwsaintjohn.ca) or on Rogers TV. Pages 1. Call to Order 1.1 Land Acknowledgement 1.2 National Anthem 2. Approval of Agenda 3. Disclosures of Conflict of Interest 4. Consent Agenda 4.1 Community Development Fund Agreement: Forest Hill Park Lighting Renewal 1-8 and City Market Alarm System Upgrades (Recommendation in Report) 5. Members Comments 6. Committee of the Whole 6.1 Non -Disclosure Agreement with Brunswick Brokers 9-9 7. Adjournment OEh,,-4ALIAT JOkk1i COUNCIL REPORT M&C No. 2023-082 Report Date March 22, 2023 Meeting Date March 27, 2023 Service Area Utilities and Infrastructure Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT. Community Development Fund Agreement: Forest Hill Park Lighting Renewal and City Market Alarm System Upgrades. AUTHORIZATION Primary Author Commissioner/Dept. Head Chief Administrative Officer Samir Yammine Ian Fogan J. Brent McGovern RECOMMENDATION It is recommended that the City enter into an Agreement with the Regional Development Corporation for funding under the Province of New Brunswick Community Development Fund for the following projects: Forest Hill Park Lighting Renewal and City Market Alarm System Upgrades, Project No. 16088, in the form and upon the terms and conditions as attached; and that the Mayor and City Clerk be authorized to execute the said Agreement. EXECUTIVE SUMMARY The purpose of this report is to seek Council's approval to enter into an Agreement with the Regional Development Corporation for funding under the Province of New Brunswick Community Development Fund for the following projects; • Forest Hill Park Lighting Renewal • City Market Alarm System (Upgrades) PREVIOUS RESOLUTIONS REPORT The City of Saint John has been approved for a financial contribution in the amount of 40% of the eligible expenditures or $249,750 toward the various projects. The financial contribution breakdown for the two projects is as follows. • Forest Hill Park Lighting Renewal $219,211.6 • City Market Alarm System (Upgrades) $30,538.40 2- The proposed projects will result in the following benefits: • Improve Level of Service - The replacement of the existing lighting system will improve the quality of outdoor lighting for the public and players. Additionally, the replacement of the existing security system at the City Market will improve the quality of security for city staff, City Market vendors and public. • Reduce Greenhouse Gas emissions by 10 tCO2e. • Recapitalization Benefits and Asset Renewal - The proposed project will renew the existing ballfield lighting system and City Market Alarm System, and provide a deferred capital benefit of the full contract value, $249,750. • Reduce Operating Costs by approximately $18,253. • Reduced infrastructure deficit. • Extend the useful service life of the various assets within the buildings. STRATEGIC ALIGNMENT The report aligns with Council's priority to PERFORM, as the city obtaining Other Share funding is fiscally responsible as it leverages available City funding to renew more infrastructure. SERVICE AND FINANCIAL OUTCOMES The City of Saint John will receive a total financial contribution in the amount of 40% of the eligible expenditures or $249,750 toward the various projects. The total cost for the two projects is approximately $707,957. Funding of these two projects has been approved under the 2022 General Fund Capital Budgets. The funding contribution will create a surplus which can be used to cover other deficits and allow the City to remain on budget and off -set any unexpected cost increases in 2022 General Fund Capital Budget. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The City of Saint John Asset and Energy Management division and General Counsel have reviewed the attached Agreement and are satisfied with the recommendation as it pertains to their respective areas of services. ATTACHMENT 1. Project No.: 16088 - Agreement with the Regional Development Corporation for funding under the Province of New Brunswick Community Development Fund for the following projects: Forest Hill Park Lighting Renewal and City Market Alarm System Upgrades. K Bffins NWE CA N A D A March 16, 2023 Her Worship Donna Reardon Mayor of The City of Saint John P.O. Box 1971 15 Market Square Saint John, New Brunswick E21- 41-1 SUBJECT: Project No.: 16088 Project Name: The City of Saint John — Facilities Upgrades (Forest Hills Lighting & City Market Alarm System) Dear Mayor Donna Reardon: We are pleased to inform you that the above -noted project has obtained support from the Regional Development Corporation (RDC). A financial contribution up to $249,750 for The City of Saint John (the Applicant) has been approved for this project. Eligible costs and funding for this project are described in Appendix A. Reimbursement Procedures Claims for reimbursement of the contribution must be supported by copies of invoices and proof of payment of those invoices on forms herein provided. Electronic copies may be obtained at: www.anb.calydc. • Any unused funding committed in this fiscal year will expire at March 31, 2023. All payments will be made by electronic funds transfer. Please complete the attached Direct Deposit Service form. All claims must be received by RDC on or before March 31, 2023. Regional Development Corporadom%oclM6 de diveloppement r6gional P.O. Box/C.P. 8000 Frederldon New 8runswkWNoweau-Hrunswkic E313 SHi Canada www.gnb.ca Page 2 Terms and Conditions 1. No public announcement of funding or milestone events such as official openings and ribbon -cuttings shall be made by the Applicant without the prior written approval of RDC. 2. The Applicant shall not change the project scope, purpose or eligible costs without prior written approval of RDC. 3. RDC may refuse further disbursements if there is a materially adverse change in the financial position of the Applicant or status of the project. 4. The Applicant shall not sell or dispose of any assets purchased under this agreement for a period of 36 months following the completion of this project without prior written approval from an authorized representative of RDC. 5. The Applicant shall keep, for 36 months following project completion, all accounting books, records and statements pertaining to project costs and make these available for auditing and provide any statistical data required by RDC. 6. The Applicant shall allow any authorized representative of RDC reasonable access to the project site(s) and information. 7. The Applicant shall indemnify and save harmless the provincial government from and against all claims, demands, losses, damages, costs of any kind based upon any injury to or death of a person or damage to or loss of property arising from any willful or negligent act, omission or delay on the part of the Applicant or its servants or agents in carrying out the contract. 8. The Applicant must adhere to all labour and environmental laws and regulations. 9. No Members of the Legislative Assembly, their staff, or their immediate family members shall be a party to this project or derive any benefit arising therefrom. 10. Information and documents provided to RDC may be subject to release under Right to Information and Protection of Privacy Act. 11. RDC acknowledges the obligation to make the required payments under this agreement. However, payment of this contribution is subject to appropriation of sufficient funds by the legislature of the Province of New Brunswick. 12. Any costs incurred prior to April 1, 2022 are not considered eligible expenses under this offer. CI Page 3 If you are in agreement with the terms and conditions of this offer, please sign and return it and your Direct Deposit Service form to RDC at rdc-sdr @,anb.ca. Please note that failure to do so within 45 days renders this offer null and. void. All inquiries with respect to the project are to be forwarded to Francine Scott at 476-0608 or francine.scott@gnb. ca. We look forward to the successful completion of this project. Sincerely, 4 Cade Libby President Enc. Co.' Hon. Arlene Duna, MLA Saint John Harbour Francine Scott, Project Executive This offer accepted on behalf of The City of Saint John for Project: 16088 — Facilities Upgrades (Forest Hills Lighting & City Market Alarm System) Mayor: City Manager: Date: 61 Appendix A Project 16088 The City of Saint John — Improvements (Forest Hills Ball Field Lighting & City Market Alarm System) Total Approved Contribution 2022-2023 Community Development Fund $249,750 Project Total: $249,750 Regional Development Corporation will reimburse 40% of eligible costs up to the total approved contribution. Eligible Cost(s) Forest Hills ball field lighting $522,370 City Market alarm system $76,346 HST $25,658 Total $624,374 The portion of Harmonized Sales Tax (HST) refunded by Canada Revenue Agency is considered ineligible. C.1 Regional Development Corporation Claim No: NewRNouveauP.O. Box MO, Fredericton, New Brunswck E3B 5H1Bffifi k Community Development Fund Final Claim: List all eligible project costs with invoices and cheque numbers on this form. Include a copy of each invoice and proof of payment. Failure to record and support each cost will cause a delay in processing. Project Number: Project Name: 16088 The City of Saint John -Improvements (Forest Hills Bail Field Lighting & City Market Alarm System) Description of costs Name of Supplier Cheque No. Cheque Amount Invoice Total HST Total Eligible & supported costs (total -HST refund) % of HST refunded by Canada Revenue Ataencv 71.43% - municipality 22.33% - university 60% - non-profit organization 100% - other ❑ 00/6 - none The undersigned hereby certifies that: a. the invoices above represent eligible project costs that have been paid in full and the work completed; and b. no other public financial assistance has been received or is to be received for the part of the project against which this reimbursement is claimed. Signature Print Name Date Title Company Telephone For office use only Eligible & supported costs O previous advance Add: current advance 'OL CITYSJ Vendor 122320-14-14 12232044-14 Payment request Claim Reviewer Project Officer Payment Authority 4275 7 account Date Date Claim Auditor V Rqc 1:3 0 0 � ID +� . � � as Q' 9 .V C O a: O L2, 42 •� iD bo i7d "� Q • Vl p o, a 2 . 0,0 3 10 e°Do > o ,° " .0 Q o . 40, ai H O H O p' ar �Gr i.� O O ti a as a W a v Im E tWD x 8 z c � Ad ix o A U O 04 SO 0 a •o V � O e 'O O +�aO oG �n��i•�3 z zo V k; O O s0 O �1. Q Q P4 •G FA �8 M, zaaa�'�w A . • s . m A A M&C No. 2023-83 Report Date March 22, 2023 Meeting Date March 27, 2023 Service Area General Counsel SUBJECT: Non -Disclosure Agreement with Brunswick Brokers EXECUTIVE SUMMARY OF COMMITTEE OF THE WHOLE REPORT FOR OPEN SESSION OF COUNCIL The City requires expert support with respect to a pending negotiation, which necessitates the sharing of confidential information. A Non -Disclosure Agreement is required in order to protect the City's interests. COUNCIL RESOLUTION That the City enter into the Non -Disclosure Agreement with Brunswick Brokers Limited generally in the form as presented to Committee of the Whole at its meeting held March 27, 2023, for the purpose of protecting confidential information and that the Mayor and Clerk be authorized to execute the said Non - Disclosure Agreement and any other documents ancillary thereto. Pr1