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2024-10-15_Agenda Packet--Dossier de l'ordre du jour�B City of Saint John Common Council Meeting AGENDA Tuesday, October 15, 2024 6:00 pm 2nd Floor Common Council Chamber, City Hall An Electronic means of communication will be used at this meeting. The public may attend the meeting in person in the Council Chamber or view the meeting on the City's Website (wwwsaintjohn.ca) or on Rogers TV. Pages 1. Call to Order 1.1 Land Acknowledgement 1.2 National Anthem 2. Approval of Minutes 2.1 Minutes of October 1, 2024 3. Approval of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 Assent to Money -in -lieu of Land for Public Purposes - 7-9 Berryman Street (PID 12 - 15 55191449) (Recommendation in Report) 5.2 Proposed Public Hearing Dates for 9 Austin Lane, 49 Quinton Avenue and 35 16 - 18 University Avenue (Recommendation in Report) 5.3 Provincial Municipal Highway Partnership Program Application 19 - 28 (Recommendation in Report) 5.4 Council Community Fund - Mayor Noade Reardon (Recommendation: Approve 29 - 34 Funding Request) 5.5 Disaster Mitigation and Adaptation Funding — Saint John Wastewater Flood 35 - 64 Protection Project (Recommendation in Report) 5.6 Contract 2023-27: Rothesay Avenue/Retail Drive — Intersection Re -alignment 65 - 70 (Recommendation in Report) 5.7 Mobile Voice and Data Services — Contract Award (Recommendation in 71 - 96 Report) 5.8 Spruce Lake Industrial Park Expansion Update (Recommendation in Report) 97 - 98 6. Members Comments 7. Proclamation 8. Delegations / Presentations 8.1 Port City Power Basketball 99 - 106 8.2 Fundy Regional Services Commission - Budget Update 107 - 132 9. Public Hearings - 6:30 p.m. 10. Consideration of By-laws 10.1 Zoning By -Law Amendment, Recission of Previous Conditions, and Section 59 133 - 135 Conditions - 461 - 475 Millidge Avenue (3rd Reading) 10.2 Zoning By -Law Amendment and Recission of previous Section 59 Conditions - 136 - 138 665-669 Loch Lomond Road and 0 Commerce Drive (3rd Reading) 10.3 Municipal Plan Amendment, Zoning By -Law Amendment, Section 59 139 - 146 Conditions and Subdivision Agreement - 0 Nason Road / Martha Avenue (3rd Reading) 10.4 Traffic By-law Amendment - Charlotte Street (3rd Reading) 147 - 154 10.5 Parking By-law Amendment - Charlotte Street (3rd Reading) 155 - 156 11. Submissions by Council Members 12. Business Matters - Municipal Officers 13. Committee Reports 13.1 2025 Draft General and Utility Fund Capital Budgets 157 - 220 14. Consideration of Issues Separated from Consent Agenda K 15. General Correspondence 16. 17 18. 15.1 Lomeville Trail Riders Club 57: Request to Amend Municipal Traffic By-laws 221 - 238 (Recommendation: Refer to Public Safety Committee) Supplemental Agenda Committee of the Whole 17.1 Bill of Sale Equipment Damascus Restaurant: City Market 239 - 239 17.2 Amended zoning requirements in APS of former Belyea Arena 240 - 240 17.3 Date of Coming -Into -Force for Stop Up and Closure of Retail Drive 241 - 241 Adjournment K COMMON COUNCIL / CONSEIL COMMUNAL October 1, 2024 / le 1 octobre 2024 The City of Saint job n MINUTES — REGULAR MEETING COMMON COUNCIL OF THE CITY OF SAINT JOHN OCTOBER 1, 2024 AT 6:00 PM 2ND FLOOR COMMON COUNCIL CHAMBER, CITY HALL An Electronic means of communication will be used at this meeting. The public may attend the meeting in person in the Council Chamber or view the meeting on the City's Website (www.saintjohn.ca) or on Rogers TV. Present: Deputy Mayor John MacKenzie Councillor -at -Large Gary Sullivan Councillor Ward 1 Greg Norton Councillor Ward 2 Barry Ogden Councillor Ward 3 Gerry Lowe Councillor Ward 3 David Hickey Councillor Ward 4 Greg Stewart, virtual participation Councillor Ward 4 Paula Radwan Absent: Mayor Donna Noade Reardon Councillor -at -Large Brent Harris Councillor Ward 1 Joanna Killer Also Present: Chief Administrative Officer B. McGovern Director of Legal Services / Solicitor J. Boucher Chief Financial Officer K. Fudge Fire Chief R. Nichol Commissioner Utilities & Infrastructure Services I. Fogan Commissioner Public Works & Transportation M. Hugenholtz Commissioner Human Resources S. Hossack Commissioner Growth & Community Services A. Poffenroth Director External Relations L. Caissie Director of Legislative Services / City Clerk J. Taylor Deputy Clerk P. Anglin COMMON COUNCIL / CONSEIL COMMUNAL October 1, 2024 / le 1 octobre 2024 Call to Order 1.1 Land Acknowledgement Councillor Norton read aloud the Land Acknowledgement and called for a moment of reflection. "The City of Saint John/Menahuesk is situated is the traditional territory of the Wolastoqiyik/Maliseet.The Wolastoqiyik/Maliseet along with their Indigenous Neighbours, the Mi'Kmaq/Mi'kmaw and Passamaquoddy/Peskotomuhkati signed Peace and Friendship Treaties with the British Crown in the 1700s that protected their rights to lands and resources." 1.2 National Anthem The Saint John Symphony Youth Orchestra performed O Canada by video. 2. Approval of Minutes 2.1 Minutes of September 16, 2024 Moved by Councillor Sullivan, seconded by Councillor Radwan: RESOLVED that the minutes of September 16, 2024 be approved. MOTION CARRIED. 3. Approval of Agenda Moved by Councillor Sullivan, seconded by Councillor Lowe: RESOLVED that the agenda for October 1, 2024 be approved with the addition of Item 17.1 CAO Performance Review; 17.2 Regional Development Corporation Financial Support — Menahgesk Wabanaki Traditional Powwow; 17.3 Atlantic Lottery Corporation Inc. — Menahgesk Wabanaki Traditional Powwow; 17.4 Sale of 400 Lowell Street (former Hilton Belyea Arena Property); 17.5 Fundy Quay Development Land Swap; and 17.6 Total Development Fund Agreement. MOTION CARRIED. 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 RESOLVED that as recommended in the submitted report M&C 2024-244: Contract 2024-092208P — Consulting Services — North End Secondary Plan Common Council award planning and urban design consulting services for the North End Secondary Plan to FOTENN Planning + Design at a cost of $344,287.50 plus applicable taxes; and that the Mayor and City Clerk be authorized to execute the consulting agreement, similar to the form submitted. 5.2 RESOLVED that as recommended in the submitted report M&C 2024-259: Thorne Avenue Rail Crossing Safety Improvement — Federal Funding the City enter into the K COMMON COUNCIL / CONSEIL COMMUNAL October 1, 2024 / le 1 octobre 2024 Agreement for Grade Crossing Improvements, generally in the form as attached to M&C 2024-259, with His Majesty the King In Right of Canada, as represented by the Minister of Transport for Canada, for the purpose of securing funding under the Rail Safety Improvement Program, and that the Mayor and Clerk be authorized to execute the said Agreement for Grade Crossing Improvements and any other documents ancillary thereto. Further, that the agreement attached to M&C 2024-259 shall replace endorsement of a similar draft of said agreement, within M&C 2024-46. 5.3 RESOLVED that as recommended in the submitted report M&C 2024-266: Proposed 2025 Common Council Meeting Schedule, the submitted 2025 Common Council meeting schedule be approved. 5.4 RESOLVED that as recommended in the submitted report M&C 2024-261: Correction to M&C 2024-249 RFP-2024-092203P — Consulting Services — Comprehensive Parking Study, the resolution regarding the proposal submitted by Arcadis Professional Services (Canada) Inc., passed on September 16, 2024 be rescinded and replaced with the following: RESOLVED that the proposal submitted by Arcadis Professional Services (Canada) Inc. for RFP-2024-092203P to provide professional consulting services required for the development of Comprehensive Parking Study in the amount of $165,016.40 + HST be accepted and that the Mayor and City Clerk be authorized to execute documentation in that regard. 5.5 RESOLVED that as recommended in the submitted report M&C 2024-257: Agreement on the Canada Community -Building Fund (CCBF) with Local Governments (2024-2033) the City enter into an Agreement with the Government of New Brunswick for funding under the Canada Community -Building Fund (CCBF) with Local Governments (2024-2033), in the form as presented to Council at its October 1st, 2024, meeting; and that the Mayor and City Clerk be authorized to execute the said Agreement. 5.6 RESOLVED that as recommended in the submitted report M&C 2024-260: Provincial -Municipal Highway Partnership Program Application, Common Council approve the submitted application for funding under the Provincial -Municipal Highway Partnership Program for 2027-31 and direct staff to submit the application to the Department of Transportation and Infrastructure (DTI). Moved by Councillor Sullivan, seconded by Councillor Stewart: RESOLVED that the recommendation set out in each consent agenda item respectively, be adopted. MOTION CARRIED UNANIMOUSLY 6. Members' Comments Members commented on various local events. 7. Proclamation 7.1 The Deputy Mayor proclaimed October 1, 2024 as Seniors for Climate Day in The City of Saint John. K3 COMMON COUNCIL / CONSEIL COMMUNAL October 1, 2024 / le 1 octobre 2024 7.2 The Deputy Mayor proclaimed October 2, 2024 as Wrongful Conviction Day in The City of Saint John. 7.3 The Deputy Mayor proclaimed October 6, 2024 as Green Sports Day in The City of Saint John. 7.4 The Deputy Mayor proclaimed the month of October 2024 as Dyslexia Awareness Month in The City of Saint John. 7.5 The Deputy Mayor proclaimed the month of October 2024 as Latin American Heritage Month in The City of Saint John. 8. Delegations / Presentations 9. Public Hearings — 6:30 p.m. 9.1 Proposed Zoning By -Law Amendment with Staff Presentation and Planninq Advisory Committee report — 461, 471 and 473-475 Millidge Avenue (1st and 2nd Reading) Commissioner Poffenroth introduced the proposed amendment to the Zoning By -Law to rezone a portion of a parcel of land having an area of approximately 5,827 square metres, located at 471, and 473-475 Millidge Avenue, also identified as PIDs 00041525 and 55147797 from One -Unit Residential (R1) and General Commercial (CG) to Mid -Rise Residential (RM) to permit multi -unit residential development. Planner Y. Mattson reviewed the submitted presentation. Deputy Mayor MacKenzie called the Public Hearing to Order. The Deputy Mayor called for members of the public to speak against the proposed amendment with no one presenting. The Deputy Mayor called for members of the public to speak in favour of the proposed amendment with John Fifield property owner presenting. Deputy Mayor MacKenzie closed the public hearing. Moved by Councillor Stewart, seconded by Councillor Sullivan: RESOLVED that the by-law entitled "A Law to Amend the Zoning By -Law of The City of Saint John" amending Schedule "A", the Zoning Map of The City of Saint John, by rezoning a parcel of land having an area of approximately 5,827 square metres, located at 471 Millidge Avenue and 473-475 Millidge Avenue, also identified as PID Numbers 00041525 and 55147797 from One -Unit Residential (R1) and General Commercial (CG) to Mid -Rise Residential (RM), be read a first time. MOTION CARRIED. Read a first time by title, the by-law entitled "A Law to Amend the Zoning By -Law of The City of Saint John." C! COMMON COUNCIL / CONSEIL COMMUNAL October 1, 2024 / le 1 octobre 2024 Moved by Councillor Stewart, seconded by Councillor Lowe: RESOLVED that the by-law entitled "A Law to Amend the Zoning By -Law of The City of Saint John" amending Schedule "A", the Zoning Map of The City of Saint John, by rezoning a parcel of land having an area of approximately 5,827 square metres, located at 471 Millidge Avenue and 473-475 Millidge Avenue, also identified as PID Numbers 00041525 and 55147797 from One -Unit Residential (R1) and General Commercial (CG) to Mid -Rise Residential (RM), be read a second time. MOTION CARRIED. Read a second time by title, the by-law entitled "A Law to Amend the Zoning By -Law of The City of Saint John." 9.2 Proposed Zoning By -Law Amendment with Staff Presentation and Planning Advisory Committee report — 665-669 Loch Lomond Road and 0 Commerce Drive (1 st and 2nd Reading) Commissioner Poffenroth introduced the proposed amendment to the Zoning By -Law to rezone a parcel of land having an approximate area of 4.7 hectares, located at 665-669 Loch Lomond Road, also identified as PID 003113155, 55102917 & 55102925, from Business Park Commercial (CBP) to Corridor Commercial (CC) to construct a self -storage facility and associated services. Planner T. Lewallen reviewed the submitted presentation. Deputy Mayor MacKenzie called the Public Hearing to Order. The Deputy Mayor called for members of the public to speak against the proposed amendment with no one presenting. The Deputy Mayor called for members of the public to speak in favour of the proposed amendment with no one presenting. Deputy Mayor MacKenzie closed the public hearing Moved by Councillor Stewart, seconded by Councillor Lowe: RESOLVED that the by-law entitled "A Law to Amend the Zoning By -Law of The City of Saint John" amending Schedule "A", the Zoning Map of The City of Saint John, by rezoning a piece of land having an area of approximately 4.7 hectares, located at 665 Loch Lomond Road, also identified as PID 55102917, 669 Loch Lomond Road, also identified as PID 55102925, and 0 Commerce Drive, also identified as PID 00313155 from Business Park Commercial (CBP) to Corridor Commercial (CC), be read a first time. MOTION CARRIED. Read a first time by title, the by-law entitled "A Law to Amend the Zoning By -Law of The City of Saint John." Moved by Councillor Sullivan, seconded by Councillor Stewart: 61 COMMON COUNCIL / CONSEIL COMMUNAL October 1, 2024 / le 1 octobre 2024 RESOLVED that the by-law entitled "A Law to Amend the Zoning By -Law of The City of Saint John" amending Schedule "A", the Zoning Map of The City of Saint John, by rezoning a piece of land having an area of approximately 4.7 hectares, located at 665 Loch Lomond Road, also identified as PID 55102917, 669 Loch Lomond Road, also identified as PID 55102925, and 0 Commerce Drive, also identified as PID 00313155 from Business Park Commercial (CBP) to Corridor Commercial (CC), be read a second time. MOTION CARRIED. Read a second time by title, the by-law entitled "A Law to Amend the Zoning By -Law of The City of Saint John." 9.3 Proposed Municipal Plan and Zoning By -Law Amendment with Staff Presentation and Planning Advisory Committee report — 0 Nason Road / Martha Avenue (1 st and 2nd Reading) Commissioner Poffenroth introduced the proposed amendment to the Municipal Development Plan and amendment to the Zoning By -Law to allow for the development of two multi -unit dwellings on 0 Nason Road / Martha Avenue. Planner Y. Mattson reviewed the submitted presentation. Deputy Mayor MacKenzie called the Public Hearing to Order The Deputy Mayor called for members of the public to speak against the proposed amendment with no one presenting. The Deputy Mayor called for members of the public to speak in favour of the proposed amendment with John Harrison the proponent presenting. Deputy Mayor MacKenzie closed the public hearing. Moved by Councillor Lowe, seconded by Councillor Sullivan: RESOLVED that the by-law entitled "A Law to Amend the Municipal Plan By -Law" redesignating on Schedule A of the Municipal Development Plan, land having an approximate area of 6.78 hectares, located on Nason Road, also identified as PID 55086227, from Park and Natural Area to Stable Area; and redesignating on Schedule B of the Municipal Development Plan, land having an approximate area of 6.78 hectares, located on Nason Road, also identified as PID 55086227, from Park and Natural Area to Stable Residential, be read a first time. MOTION CARRIED. Read a first time by title, the by-law entitled "A Law to Amend the Municipal Plan By -Law." Moved by Councillor Sullivan, seconded by Councillor Radwan: RESOLVED that the by-law entitled "A Law to Amend the Municipal Plan By -Law" redesignating on Schedule A of the Municipal Development Plan, land having an approximate area of 6.78 hectares, located on Nason Road, also identified as PID 55086227, from Park and Natural Area to Stable Area; and redesignating on Schedule B of the Municipal Development Plan, land having an approximate area of 6.78 hectares, C.1 COMMON COUNCIL / CONSEIL COMMUNAL October 1, 2024 / le 1 octobre 2024 located on Nason Road, also identified as PID 55086227, from Park and Natural Area to Stable Residential, be read a second time. MOTION CARRIED. Read a second time by title, the by-law entitled "A Law to Amend the Municipal Plan By - Law." Moved by Councillor Lowe, seconded by Councillor Stewart: RESOLVED that the by-law entitled "A Law to Amend the Zoning By -Law of The City of Saint John" amending Schedule "A", the Zoning Map of The City of Saint John, by rezoning a parcel of land having an area of approximately of area of approximately 6.77 hectares, located at 0 Nason Road/Martha Avenue, also identified as PID 55086227, from Future Development (FD) to High -Rise Residential (RH), be read a first time. MOTION CARRIED. Read a first time by title, the by-law entitled "A Law to Amend the Zoning By -Law of The City of Saint John". Moved by Councillor Sullivan, seconded by Councillor Stewart: RESOLVED that the by-law entitled "A Law to Amend the Zoning By -Law of The City of Saint John" amending Schedule "A", the Zoning Map of The City of Saint John, by rezoning a parcel of land having an area of approximately of area of approximately 6.77 hectares, located at 0 Nason Road/Martha Avenue, also identified as PID 55086227, from Future Development (FD) to High -Rise Residential (RH), be read a second time. MOTION CARRIED. Read a second time by title, the by-law entitled "A Law to Amend the Zoning By -Law of The City of Saint John". 10. Consideration of By -Laws 10.1 Public Presentation Notice — Proposed Municipal Plan Amendment — 221, 251 and 271 Lancaster Avenue Commissioner Poffenroth provided notice of a proposed amendment to the Municipal Development Plan which would redesignate on Schedule A of the Municipal Development Plan land having an approximate area of 3.18 hectares identified as PIDs 55146328, 55146310 and a portion of PID 55146302, from Park and Natural Area, to Stable Area and redesignate on Schedule B of the Municipal Development Plan land having an approximate area of 3.18 hectares identified PI Ds 55146328, 55146310 and a portion of PID 55146302, from Park and Natural Area, to Stable Commercial, to develop a commercial parking lot to support maintenance and construction activities at an area industrial facility. Written objections to the proposed amendment will be accepted until October 31, 2024 11. Submissions by Council Members r� COMMON COUNCIL / CONSEIL COMMUNAL October 1, 2024 / le 1 octobre 2024 12. Business Matters — Municipal Officers 12.1 Chief Administrative Officer Update on Select Catalytic Projects and Advocacy Verbal The CAO updated on the following priorities: affordable housing, Central Peninsula School and North End School, Industrial Parks Ltd., Fundy Quay. Moved by Councillor Norton, seconded by Councillor Sullivan: RESOLVED that the Chief Administrative Officer verbal update on select Catalytic Projects and Advocacy, be received for information. MOTION CARRIED 12.2 Demolition of Vacant, Dilapidated and Dangerous Building at 275 Thornbrough Street (PID 00468926) Referring to the submitted report M&C 2024-254: Demolition of Vacant, Dilapidated and Dangerous Building at 275 Thornbrough Street (PID 00468926), Commissioner Poffenroth advised Council that a Notice to Comply was issued under Part 13 of the Local Governance Act for the building located at 275 Thornbrough Street. The hazardous conditions outlined in the Notice have not been remedied by the owner within the required timeframe and staff is seeking authorization to arrange for demolition of the building. Manager Dangerous Building Program Justin Tinker reviewed the submitted presentation. The Deputy Mayor read the cautionary demolition statement as follows: "The information which has been provided in the Council Agenda Packet includes the report of the Building Inspector stating that the building located at 275 Thornbrough Street (PID: 00468926) is a hazard to the safety of the public by virtue of its being amongst other things, dilapidated or structurally unsound. Is there present an owner, including anyone holding any encumbrance upon this property, who wishes to present evidence to the contrary, i.e., that the building is structurally sound and not dilapidated?" No one came forward to present evidence. Moved by Councillor Sullivan, seconded by Councillor Stewart: RESOLVED that as recommended in the submitted report M&C 2024-254: Demolition of Vacant, Dilapidated and Dangerous Building at 275 Thornbrough Street (PID 00468926), the building located at 275 Thornbrough Street, PID# 00468926, is to be demolished as it has become a hazard to the safety of the public by reason of dilapidation; and BE IT FURTHER RESOLVED that one or more by-law enforcement officers appointed and designated under the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law are hereby authorized to arrange for the demolition, in accordance with the applicable City purchasing policies. MOTION CARRIED. 13. Committee Reports E:3 COMMON COUNCIL / CONSEIL COMMUNAL October 1, 2024 / le 1 octobre 2024 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 15.1 Petition re: Better Belvea Transitional Housina Proposal (Recommendation Receive for Information) Moved by Councillor Norton, seconded by Councillor Stewart: RESOLVED that the petition regarding the Better Belyea Transitional Housing Proposal be received for information. MOTION CARRIED. 15.2 PMG Living Inc.: Architectural stamps on building permit application (Recommendation: Refer to CAO for follow-up) Moved by Councillor Stewart, seconded by Councillor Sullivan: RESOLVED that the PMG Living Inc. correspondence regarding Architectural stamps on building permit applications be referred to the Chief Administrative Officer for follow-up. MOTION CARRIED. 15.3 Champlain Heights Community Association: Traffic Control (Recommendation: Refer to Public Safety Committee and a copy of the letter be forwarded to the Saint John Board of Police Commissioners) Moved by Councillor Hickey, seconded by Councillor Radwan: RESOLVED that the letter from Champlain Heights Community Association regarding traffic control, be referred to the Public Safety Committee and a copy of the letter forwarded to the Saint John Board of Police Commissioners. MOTION CARRIED. 16. Supplemental Agenda 17. Committee of the Whole 17.1 CAO Performance Review Moved by Councillor Norton, seconded by Councillor Lowe: RESOLVED that as recommended by the Committee of the Whole, having met on September 16, 2024, the CAO be given a positive performance review for the period of January 1, 2023, to September 16, 2024, and be allowed to progress in the salary band in accordance with his employment contract, and that his weekly flat rate incidental expense be increased by $50. MOTION CARRIED. 17.2 Regional Development Corporation Financial Support — Menahgesk Wabanaki Traditional Powwow COMMON COUNCIL / CONSEIL COMMUNAL October 1, 2024 / le 1 octobre 2024 Moved by Councillor Radwan, seconded by Councillor Sullivan: RESOLVED that as recommended by the Committee of the Whole, having met on October 1, 2024, the City of Saint John enter into an agreement with the Regional Development Corporation (RDC) for financial support through the Community Development Fund for Project No. 18106 The City of Saint John — Menahgesk Wabanaki Traditional Powwow generally in the form and upon the terms and conditions as attached to M&C No 2024-255 and that the Mayor and City Clerk be authorized to execute said agreement. MOTION CARRIED. 17.3 Atlantic Lottery Corporation Inc. — Menahgesk Wabanaki Traditional Powwow Moved by Councillor Sullivan, seconded by Councillor Stewart: RESOLVED that as recommended by the Committee of the Whole, having met on October 1, 2024, the City of Saint John enter into a funding agreement with Atlantic Lottery Corporation Inc. for financial support through the Community Festivals and Grants program for the Menahqesk Wabanaki Traditional Powwow generally in the form and upon the terms and conditions as attached to M&C No 2024-258 and that the Mayor and City Clerk be authorized to execute said agreement. MOTION CARRIED. 17.4 Sale of 400 Lowell Street (former Hilton Belvea Arena Property) Moved by Councillor Lowe, seconded by Councillor Sullivan: RESOLVED that as recommended by the Committee of the Whole, having met on October 1, 2024, that, subject to a corporation titled Belyea Village Ltd. being properly constituted under the laws of the Province of New Brunswick, the City enter into an Agreement of Purchase and Sale with Belyea Village Ltd. generally in the form as attached to M&C 2024-262 for the sale of the property located at 400 Lowell Street (PID 00394940 and PID 00471540), and that the Mayor and Clerk be authorized to execute the said Agreement of Purchase and Sale and any other documents necessary to facilitate the transaction; and that the proceeds of the sale of the said transaction, as stated in the said Agreement of Purchase and Sale, be deposited into the Strategic Real Estate Reserve. MOTION CARRIED. 17.5 Fundy Quay Development Land Swap Moved by Councillor Sullivan, seconded by Councillor Stewart: RESOLVED that as recommended by the Committee of the Whole, having met on October 1, 2024, the City enter into the Agreement of Purchase and Sale with Fundy Quay Developments Inc. generally in the form as presented to Committee of the Whole at its meeting held October 1, 2024, for the purpose of restructuring the financial terms and landholdings as between Fundy Quay Developments Inc. and the City, and that the Mayor and Clerk be authorized to execute the said Agreement of Purchase and Sale and any other documents necessary to effect the transaction. MOTION CARRIED. 10 iK COMMON COUNCIL / CONSEIL COMMUNAL October 1, 2024 / le 1 octobre 2024 17.6 Total Development Fund Agreement Moved by Councillor Radwan, seconded by Councillor Sullivan: RESOLVED that as recommended by the Committee of the Whole, having met on October 1, 2024, the City enter into an agreement with the Regional Development Corporation (RDC) t in the form and upon the terms and conditions as attached to M&C No. 2024-256; and that the Mayor and City Clerk be authorized to execute the said Agreement. MOTION CARRIED. 18. Adjournment Moved by Councillor Lowe, seconded by Councillor Stewart: RESOLVED that the meeting of Common Council held on October 1, 2024, be adjourned. MOTION CARRIED. The Mayor declared the meeting adjourned at 7:38 p.m. 11 11 COUNCIL REPORT M&C No. 2024-267 Report Date October 03, 2024 Meeting Date October 14, 2024 Service Area Growth and Community Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT. Assent to Money -in -lieu of Land for Public Purposes 7-9 Berryman Street (PID 55191449) OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Thomas Lewallen Pankaj Nalavde (Acting) Brent McGovern RECOMMENDATION That Common Council assent to money -in -lieu of Land for Public Purposes for the proposed subdivision at 7-9 Berryman Street. EXECUTIVE SUMMARY The applicant is seeking to separate a recently developed duplex from an existing parcel of land approximately 1,511 mZ located at 7-9 Berryman Street. Assent to money -in -lieu of Land for Public Purposes is required. ZONING BY-LAW AND MUNICIPAL PLAN The subject property is zoned Two -Unit Residential (R2) and is designated Stable Residential within the Municipal Plan. The proposed subdivision aligns with the R2 zone and the Stable Residential designation. REPORT The applicant is seeking to subdivide the parcel of land in order to separate the recently constructed duplex from the parent parcel. The City of Saint John typically takes money -in -lieu of Land for Public Purposes, unless the land acquisition would support specific projects outlined in PlaySJ and the development of identified active transportation corridors. STRATEGIC ALIGNMENT The proposed development aligns with Common Council's priority of Grow and Perform. SERVICEAND FINANCIAL OUTCOMES Money -in -Lieu requirements are calculated based on the assessed value of the land prior to its development. The funds collected are placed in a trust account in accordance with the Community Planning Act. These funds are dispersed through a grant program that supports the enhancement of existing parks and recreation services. 12 -2- INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The current subdivision proposal has been reviewed by the City's Infrastructure Development and Parks and Public Spaces Service Areas. ATTACHMENTS Tentative Plan of Subdivision 13 cf IM LU \ § ` § L z L ^ � � 2 I ® © 2 « _ � m^ � \\\ ] }\\ § %11 � { ] LLI ) \ � k -� k \-(�j - g f g § | j ;e; ^ N \ \ { § ( � , j } } o } � \\) _ �M /o � u§ _ ¢ ° I § \ § | r , 2 = z ® : � _ - - cf LU 2 « � � LU m I \� \ , � d « �. «}; � >. �z z � � § ■ > § 2 g f ^ g § | - j \ \k \} ;e; _ o =ƒ @_ � _ � NZ z �/ \\ � _: ) f �P =a Q e §m =� : | r ! z = z ® : � _ - - COMMON COUNCIL REPORT M&C No. 2024-271 Report Date October 07, 2024 Meeting Date October 15, 2024 Service Area Growth and Community Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT. Proposed Public Hearing Dates for 9 Austin Lane, 49 Quinton Avenue, and 35 University Avenue AUTHORIZATION Primary Author Commissioner/Dept. Head Chief Administrative Officer Mark Reade Pankaj Nalavde (acting) J. Brent McGovern RECOMMENDATION RESOLVED That Common Council schedule a public hearing on Monday, December 9, 2024, at 6:30 p.m. for: Rezoning Application Submitted by Brandon Cleghorn c/o Don -More Surveys and Engineering For 9 Austin Lane PID(s) 00403972 (portion) Rezoning Application Submitted by KL Concepts Ltd. For 49 Quinton Avenue PID(s) 55031827 00402651 55031819 Section 59 Amendment Application Submitted by Plazacorp Property Holdings Inc For 35 University Avenue PID(s) 55221717 Location: Council Chamber, City Hall 2nd floor, 15 Market Square, Saint John, NB. -2- EXECUTIVE SUMMARY The purpose of this report is to advise Common Council of the Rezoning and Section 59 Amendment applications received and to recommend an appropriate public hearing date for these applications. The next available public hearing date is Monday, December 9, 2024. PREVIOUS RESOLUTION At its meeting of August 3, 2004, Common Council resolved that: 1. the Commissioner of Planning and Development receive all applications for amendments to the Zoning By-law and Section 39 [now referred as section 59] resolutions/agreements and proceed to prepare the required advertisements; and 2. when applications are received a report will be prepared recommending the appropriate resolution setting the time and place for public hearings and be referred to the Planning Advisory Committee as required by the Community Planning Act. REPORT In response to the motion above, this report indicates the applications received and recommends appropriate public hearing dates. Details of the applications are available in the Office of the City Clerk and will form part of the documentation at the public hearing. Name of Location Existing Proposed Reason Applicant Zones Zone Brandon 9 Austin Two -Unit Low -Rise To allow for the Cleghorn Lane Residential Residential development of a four - c/o Don- (portion (R2) (RL) unit townhouse in More of PID addition to the existing Surveys and 00403972) dwelling. Engineering KL Concepts 49 One -Unit Mid -Rise To allow for the Ltd. Quinton Residential Residential development of an 11- Avenue (R1) (RM) unit building in (PIDs addition to the existing 55031827, building. 00402651, 55031819) Plazacorp 35 Section 59 Amendment To develop a drive-thru Property University restaurant on a portion Holdings Avenue of the site. Inc. (PID 55221717) While the holding of public hearings for proposed Zoning By-law amendments and rezonings are a legislative requirement of the Community Planning Act, it is 17 -3- also a key component of a clear and consistent land development processes envisioned in the One Stop Development Shop Program. These processes provide transparency and predictability for the development community and City residents. STRATEGIC ALIGNMENT The recommendation aligns with Council's priority to BELONG and GROW through: • Facilitating a mix of affordable housing in all our neighbourhoods; • Growing our population at a rate of 2% annually by the end of Council's term; • Achieving 3% annual property tax base growth and ongoing work to increase the target. SERVICEAND FINANCIAL OUTCOMES The scheduling of the public hearing and referral to the Planning Advisory Committee satisfies the legislative and service requirements as mandated by the Community Planning Act. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS N/A ATTACHMENTS None iF:3 NW IL [`rr 1 COMMON COUNCIL REPORT M&C No. 2024-276 Report Date October 9, 2024 Meeting Date October 15, 2024 Service Area Public Works & Transportation Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT. Provincial -Municipal Highway Partnership Program Application OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head Chief Administrative Officer Michael Hugenholtz Michael Hugenholtz J. Brent McGovern RECOMMENDATION It is recommended that Common Council approve the amended application for funding under the Provincial -Municipal Highway Partnership Program for 2027-31 and direct staff to submit the updated application to the Department of Transportation and Infrastructure (DTI). EXECUTIVE SUMMARY The Provincial -Municipal Highway Partnership Program (PMHP) has been updated to reflect recent changes due to municipal reform and replaces the previous program that shared the costs of upgrading provincial and regionally designated roads within municipal boundaries. Staff have prepared a list of eligible road projects based on an asset management approach and other transportation priorities identified in Move SJ and are seeking Council approval to submit. The change to the version presented to Council at their last meeting is the addition of resurfacing of Bridge Road and Chesley Drive in 2027. These two projects were previously approved for funding in 2025 but need to be postponed due to the ongoing work on the Harbour Bridge. Simms Corner intersection was also included in our submission, but it will be removed as it is a complex file and staff are engaged already with DTI staff and other partners on the planning stages for this work. Staff will also be requesting the reallocation of the funding for these streets in 2025 towards the necessary intersection improvements at Loch Lomond and the Airport Arterial. PREVIOUS RESOLUTION N/A 19 REPORT DTI have issued a call for funding applications for the PMHP for 2027 through 2031. Eligible projects include road resurfacing, culverts, storm sewers, and curb and gutter repairs to what were previously known as provincial and regionally designated highways. These would include Route 100 through the City and the routes to the Summerville and Digby Ferries. Typically, the total of all the requests greatly exceeds the funding available under this program so not all of the proposed projects may be successful in receiving funding. For the purposes of this submission, we have proposed a cost sharing of 15% City, 85% DTI for these investments which is within the suggested cost sharing range. The amounts and proposed funding percentages may be tweaked depending on feedback from DTI staff, with the goal to maximize the amount of funding from other sources. The City's street resurfacing program is based on the measured pavement condition index, which is an annual measurement of the observed condition of the streets. This is work that will be required to avoid much more costly reconstruction. Staff will also be requesting that previously approved funding for street resurfacing be allocated towards the required intersection improvements at Loch Lomond Road and the Airport Arterial. This intersection currently has a poor level of service, and improvements are a precondition for any development on Airport property. SERVICEAND FINANCIAL OUTCOMES Funding received through the PMHP can free up resources to allocate to other priorities through our Operating and Capital Budgets. ATTACHMENTS Provincial -Municipal Highways Partnership Program Four Year Plan Schedule B — PMHP Program Funding Request Summary K91 City of Saint John (Indicate name of your local government) Provincial -Municipal Highway Partnership Program Five Year Plan 2027 - 2031 July 2024 Department of Transportation and Infrastructure New.�r. T-,Nouveau Brunswick 21 Provincial -Municipal Highway Partnership Program - Five Year Plan INTRODUCTION The City/Town/Village/Rural Community/Regional Municipality of Saint John has prepared a Five -Year Plan for the years 2027-2031 for the Provincial -Municipal Highway Partnership Program. Included are names, descriptions, cost estimates and financing for each selected project. FIVE-YEAR PLAN CONTENT DTI publishes a three-year annual capital plan of anticipated projects. These projects include bridges, highways, buildings, and the Provincial -Municipal Highway Partnership (PMHP) Program. The Five -Year Plan for the PMHP Program includes the following: 1. Certified copy of the resolution from Council adopting the PMHP Program Five -Year Plan of the local government. 2. Schedule A: Project Description. Schedule A to be completed for each project including project name, description and estimated costs. 3. Schedule B: PMHP Funding Request Summary (Excel spreadsheet). 4. Schedule C: Checklist signed by CAO or Transportation head. BNew -'.7-,Nouveau runswick Page 1 2 WA Provincial -Municipal Highway Partnership Program - Five Year Plan City of Saint John (Name of local government) FIVE-YEAR PLAN FOR THE PROVINCIAL -MUNICIPAL HIGHWAY PARTNERSHIP (PMHP) PROGRAM 4*4041M RESOLUTION 2024-276 Moved by Councilor and seconded by Councilor "that the document entitled (Name of your local government) City of Saint John Provincial -Municipal Highway Partnership Five -Year Plan for the PMHP Program 2027-2031 be adopted". Motion Carried I certify that the above resolution of the council of Saint John Common Council was adopted while regular open session on October 15, 2024 SEAL CLERK The City of Saint John NAME OF YOUR LOCAL GOVERNMENT BNew -'.7-,Nouveau runswick Page 1 3 W Provincial -Municipal Highway Partnership Program - Five Year Plan Schedule A — Project Description Route number or name: Project Description (Include limits and length of the work, type of rehabilitation): Asphalt resurfacing on various streets and intersection improvements proposed for Paradise Row/Somerset Identify non -eligible items of work that will be done as part of this project (i.e., water main, sanitary sewer, sidewalk, etc.): None - asphalt resurfacing and transportation improvements at problematic intersections. Year PMHP DTI Contribution Eligible Items PMHP Municipal Contribution Eligible Items Other Contribution Eligible Items Non -Eligible Items Total Project Cost 2027 $1,809,587 $452,396 $2,261,983 2028 $537,200 J$95,000 1 1 J$632,200 2029 $931,000 J$164,400 1 11 1$1,09,5,400 2030 $1,539,000 J$271,800 1 11 $1,810,800 2031 $713,000 = $125,800 $838,800 (Add pages as required) BNew -'.7-,Nouveau runswick Page 1 4 0zl Provincial -Municipal Highway Partnership Program - Five Year Plan Schedule B: PMHP Funding Request Summary Please refer to the Excel document named: "PMHP Funding Request Summary 2027- 2031.xis". BNew -.7 w, &eau runswick Page 1 5 0&1 Provincial -Municipal Highway Partnership Program - Five Year Plan Schedule C: Checklist • Schedule A for each project filled out • Schedule B completely and correctly filled out • Signed Council Resolution • Submitted application by the requested deadline • Failure to have the above completed properly and on time will result in the rejection of the application Authorized Signature: Michael HugenholtZ BNew -.7 w, &eau runswick Page 1 6 OUI Q F- U) LU LU w 0 Z 6 Z M LL g� 6L 0 O w a a a W LU J 0 LU V/ O Il- O O O O O O O O O ti CO O M O M O 00 O O O O O O O O O 00 CY) EA 00 fA 00 N co N 0 0 0 0 0 0 0 0 1- Cl) 0') Or-- O� CO Lo-t co I-- a)CY) a a ++ (O T 00 LO NCY) CY) CO N O Cl) Cl) O E Cl) fA T = Vy r O�t r- LO U) r t0 (0 H v), Vy fA H-k - H-} H-} H-} L - tG t0 Vy Vy Vy O O O O O O O O O O O O 00 00 00 Cl) Cl) M LO 00 00 O N Cl) M N r- ti r 00 00 N E U} 69- u> 69- tF> a) +' O O O O O O y O O O O O O G O O L' O 00 00 a r O 00 O a1 - G CO r- O It Cl) r- LO N 00 00 W N r U-� 1 Ul Vy EA EA EA O _ 0 0 0 O 3 o o O O 0 0 0 O O�t Iq Iq L _ _ C N r 0) 0 M(D a) T o 0 UN �r�� ka b94U) 69- 69- H CL o 0 0 0 0 0 2 � O CD CD N O N CD N w N I- O 1l- LO N N N EA "T LO EA w w fA EA EA EA O 0000 coo m co ccoo N M Lf C'M a c m O a) N ti CO �t O LO w w O'IT CO 00 "T N N V} N fA to � � L }' � 0 �2 a) o c0 O L N p_ Q fn Nil o U) (� CU 0 o U c .- �— c 0 U (� .� O .O c c co O �' O p 0) 0) ++ C L _ C(n E c� p Q O O N Q w to C 0 O 0 U O L O 0 O 0) c> CB Q 0 0 cB O) U L J C W N E O) 7 L 'E N J D Q O N C fC O) L O E p E 0 J O 0) Z L m E O � p p E E E U E 0 w N U E O E p ,0 0 CO - � O E O co c p 0) �, cn E O L p CB N 05 E o > C = ci O N O � 0) -0 _0 OL a O .fl y L) Q) - u E cZ °' > cn c o O O w p .� E Q a� Z L L N c L� CO D� a� a� J� = �. CUU� U LUw as G. O EL 2d ao � U cnU0-Lj ad0c � zm ti N 0 Council Community Fund Application Form A — EXTERNAL FORM 2024 Council Community Fund Application FORM A The Information you provide on this form will be used to assess eligibility and consideration for the award of funds at a Common Council meeting. Program Description Through the Council Community Fund Policy (the Fund) Council Members may apply for funding for projects or events that enhance the vibrancy and wellbeing of the residents of the City or minor capital expenditures to improve infrastructure. The Fund supplements Council's existing Community Grants program, allowing a timely and flexible approach to requests for smaller initiatives that align with Council priorities that would not otherwise coincide with the timing of the Community Grants Program. Successful projects will advance one of Council's five priority areas Grow, Green, Belong, Move and Perform. For more information on Council Priorities see: (insert hyperlink) Application and Eligibility for Community -Based Organizations Applications must comply with the City of Saint John Council Community Fund Policy. For a complete description of application and eligibility criteria please review the Council Community Fund Policy. <hyperlink> Applications are always open for submissions during the calendar year. Community -Based Organizations (CBOs) must be a registered non-profit or registered charitable organization holding its principal activities within the City of Saint John. Application must also demonstrate that your proposal: • is based in the City of Saint John • will spend the funding within the financial year in which it is awarded. Applications have a funding limit of $1500 per Council Member. FORM A. Name of the Council Member submitting this application: Wee Council Community Fund Application Form A — EXTERNAL FORM Name of Community -Based Organization: ID-S Non-profit status: (registered non-profit number, registered charitable organization number) Name and Title of CBO individual responsible for the management of the Funds Phone Number: Email Address: Address: Tell us a bit about your group (what does your group do?) Tell us about what you want to do (describe the project / event / and any small capital asset request to support the project/event) Where is the location of your project / event? 091 Council Community Fund Application Form A — EXTERNAL FORM What do you think the benefits will be to people living in the city? How does your project / event contribute to addressing the priorities of Common Council? How much will your proposal cost? What do you need to carry out your project or event what is the estimated cost? Breakdown of costs 0 Amount �s r TOTAL: Please confirm the amount of funds you are re uestin : LS ---- Estimated completion date: )�='N Will you be able to complete the project / event Ye / No and obtain any small capital assets within the financial year in which it is requested? Estimated completion date: To Be Acknowledged by the individual responsible for managing the Funds for the Community -Based Organization named above. Accountability: I acknowledge that if funds are provided by the City of Saint John, I will accept n responsibility that the funds will be used for the stated purpose and within the timeline stated above. 31 Council Community Fund Application Form A — EXTERNAL FORM I acknowledge that I will be responsible for keeping all receipts and/or invoices relating to the project or event above and completing an Outcome Report within 45 days of the project or event completion date. Liability Waiver for Community Based Organization Fund Recipients By submitting this application, 1 hereby acknowledge and agree that neither the City, its council, nor any of its members, agencies, officers, employees, or agents shall be held liable or responsible for any injury, including death to any person or for any claims, damages, liabilities, losses, costs, or expenses, including legal fees, arising out of or in connection with the use, allocation, distribution, or expenditure of the Council Members Discretionary Community Fund. I, as an authorized signatory or representative who has legal authority to bind the Community - Based Organization, agree to indemnify and hold harmless the aforementioned entities from all claims, damages, liabilities and losses incurred in relation to or resulting from the use of the allocated funds. NrecIQ Printed name of authorized signatory Signature of authorized signatory 0'4'1 U 1'�/ Date Your privacy. We will use the information you provide on this form for the award of funds. The award of funds is reported publicly. All information held by us is liable to disclosure under the Right to Information and Protection of Privacy Act unless it is exempt. City Clerk acknowledgement: (To be completed by City Clerk or their designate) I acknowledge that the proposal described above meets the eligibility requirements of the Council Community Fund Policy (CCFP) and may proceed to the next public meeting of Common Council. WA 2024 Council Community Fund Application FORM A Supplemental Information. Non -Profit Status: P.R.O Kids is a charity organization that is considered a branch of the municipality. As such, under the Income Tax Act, the municipality receives all donations and money contributed, looks after issuing payment for expenditures and issues official tax receipts in the municipality's name. Name and Title of CBO individual responsible for the management of the Funds: Greg Cutter P.R.O. Kids Manager Phone Number: 1-506-650-3763 Email Address: gregory.cutter@saintjohn.ca Address: 15 Market Square Saint John, NB. E2L 41-1 Tell us a bit about your group: Positive Recreation Opportunities for Kids (P.R.O. Kids) is a charitable service operated by the City of Saint John that matches children and youth (up to 18) in financial need, with organized, registered recreation activities. P.R.O. Kids assists families with the cost of registration fees, equipment and transportation for their children. Each year, hundreds of local kids are given the opportunity to participate in the sports, recreation, arts or culture activity of their choice. P.R.O. Kids is a confidential service available to all children and youth in Saint John, Quisparnsis, Grand Bay -Westfield and Rothesay. Alt administration costs are covered by these municipalities, allowing 100% of all donations to P.R.O. Kids to go directly to assisting the children and youth of our community. 091 Tell us about what you want to do. We intend to accept the funds ($1,500.00) identified through the Council Community Fund Application and turn that into sponsorships for 4-6 children to participate in organized, registered recreation activities. What do you think the benefits will be to people living in the city? 100% of the funds committed through this process will provide youth aged 2 -18-year-old with the opportunity to participate in organized recreational opportunities they may not otherwise have because of financial need within the family. How does your project contribute to addressing the priorities of Common Council? We feel P.R.O. Kids advance the Council priorities of Grow and Belong. COMMON COUNCIL REPORT M&C No. 2024-253 Report Date October 08, 2024 Meeting Date October 15, 2024 Service Area Utilities and Infrastructure Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT. Disaster Mitigation and Adaptation Funding — Saint John Wastewater Flood Protection Project AUTHORIZATION Primary Author Commissioner/Dept. Head Chief Administrative Officer Greg Moran Ian Fagan / Michael J. Brent McGovern Baker RECOMMENDATION It is recommended that the City enter into an Agreement with Infrastructure Canada for funding under the Disaster Mitigation & Adaptation Fund, in the form as presented to Council at its October 15t", 2024, meeting; and that the Mayor and City Clerk be authorized to execute said Agreement. EXECUTIVE SUMMARY The purpose of this report is to request that Common Council approve the funding agreement between the City and Infrastructure Canada for the Disaster Mitigation & Adaptation Funding (DMAF). PREVIOUS RESOLUTION N/A REPORT The City of Saint John has some of the highest tides in the world and is at an increasing risk of flooding from extreme weather, which is magnified by climate change. Two significant riverine flooding events have occurred on the St. John River in the past decade (2018 and 2019) with the highest water levels on record. These events caused significant private and public infrastructure damage, including damage to three (3) wastewater systems which service over W -2- 50% of the city's population. The DMAF program is the opportunity to obtain assistance with mitigation efforts for future flooding events and sea level rise. The project is intended to mitigate the risk and increase the resiliency of some of the City's critical infrastructure. Below is a brief description of each project. 1. Lancaster Wastewater Treatment Facility — This project includes the rehabilitation and raising of the Lancaster Wastewater Treatment Facility berm, which will reduce or eliminate untreated wastewater discharge caused by flood damage. 2. Millidgeville Wastewater Treatment Facility — This project includes the replacement and raising of the Millidgeville Wastewater Treatment Facility UV system, which will reduce or eliminate untreated wastewater discharge caused by flooding. 3. Lower Cove Loop Combined Sewer Separation —The Lower Cove sewer is a combined sewer system that flows by gravity towards the Saint John Harbour. A lift station was installed to intercept and pump sanitary flows to a Wastewater Treatment Facility; however the system remains connected to the harbour through an outfall which is a wet weather overflow. Most of the sewer infrastructure on the Lower Cove Wharf is installed at elevations within the tidal range. This project includes the separation of approximately 150m of combined sewer infrastructure. The total costs submitted for the 3 components of the project are $14,615,500, which includes a Federal share of $5,083,652, and the City share of $9,531,848. It was originally anticipated based on the funding submission timing that some of the work within this funding program would be completed in 2023, however due to the City's request for a change in the scope of work for this project, it delayed the formal approval process. As a result, several Capital projects related to this funding program have already been approved in the 2023 General & Utility Fund Capital Programs as well as in the 2024 Utility Fund Capital Program. This will allow the City to hit the ground running by allowing staff to put out requests for proposals for engineering services right away. Due to the revised timeline of the proposed work Staff updated the cash flow based on current projections for the timing of the work. The costs and associated cash flow impacts for the City are detailed below. The costs noted in the table indicate estimated total expenditures, for the overall funding program. K11.1 -3- CashFlow based on reimbursement not when incurred Federal Share of Costs City of Saint John Share of Costs HST included 2023-2024 (April 1-March31) 2024-2025 (April 1-March3l) $ 37,450 $ 70,219 2025-2026 (April 1-March31) $ 1,383,506 $ 2,594,074 2026-2027 (April 1-March31) $ 2,206,288 $ 4,136,790 2027-2028 (April 1-March31) $ 1,456,408 $ 2,730,766 Total S 5,083,652 S 9,531,848 The costs and associated cash flow impacts for the City through the general fund and utilityfund are broken out asfollows. The City costs include estimated total expenditures and budget required. It should be noted that the 2023 & 2024 Capital City Share/ Utility Share financial contributions are already included in the approved programs: Cash Flow for Applicants General Fund (HST included) Utility Fund (HST included) Capital Budget Requirements 2023 Capital Program (Approved) $ 291,000 $ 417,300 2024 Capital Program (Approved) $ $ 2,341,134 2025 Capital Program $ $ 2026 Capital Program $ 2,705,563 $ 1,046,085 2027 Capital Program $ 2,730,766 $ Total $ 5,727,329 S 3,804,519 STRATEGIC ALIGNMENT This report aligns with being fiscally responsible and providing valued service delivery by identifying within the asset management plan municipal infrastructure requirements that can leverage funding available. SERVICEAND FINANCIAL OUTCOMES The City's estimated cost for these projects would be $9,531,848 which would be split between the General Fund ($5,727,329) and the Utility Fund ($3,804,519) as described in the table above. As noted above, City costs have been approved within the 2023 and 2024 General and Utility Capital Budgets. It should also be noted that within the DMAF funding program if cost overruns occur within the overall project the City is responsible for 100% of all cost overruns. Healthy contingencies were applied to the funding submission when it was prepared, however, estimates were completed in late 2021 prior to the large increase in construction costs the City has experienced. Kul -4- INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Input was received from General Counsel. The report was reviewed by the Finance Department. ATTACHMENTS Appendix 1 — Canada — City of Saint John Disaster Mitigation and Adaptation Fund — Agreement for the City of Saint John Wastewater Flood Protection Project (62618) K1:3 DRAFT- WITHOUT PREJUDICE — FOR DISCUSSION ONLY CANADA — CITY OF SAINT JOHN DISASTER MITIGATION AND ADAPTATION FUND AGREEMENT FOR THE CITY OF SAINT JOHN WASTEWATER FLOOD PROTECTION PROJECT (62618) This Agreement is made as of the date of last signature BETWEEN: HIS MAJESTY THE KING IN RIGHT OF CANADA, as represented by the Minister of Infrastructure and Communities, hereinafter referred to as the Minister of Housing, Infrastructure and Communities ("Canada") AND THE CITY OF SAINT JOHN, having its offices at 15 Markets Square, Saint John, New Brunswick, a body corporate by Royal Charter of 1785, confirmed and amended by Acts of the Legislature of the Province of New Brunswick (the "Recipient"), individually referred to as a "Party" and collectively referred to as the "Parties". RECITALS WHEREAS the Government of Canada established the $2 billion Disaster Mitigation and Adaptation Fund in Budget 2017; WHEREAS the Government of Canada established a top up of $1.375 billion for the Disaster Mitigation and Adaptation Fund in Budget 2021; WHEREAS, the Minister of Infrastructure and Communities is responsible for the Disaster Mitigation and Adaptation Fund ("the Program"); WHEREAS the Recipient has submitted to Canada a proposal for the funding of the City of Saint John Wastewater Flood Protection Project ("the Project") which qualifies for support under the Program; AND WHEREAS the Recipient is responsible to carry out the Project and Canada wishes to provide financial support for the Project and its objectives; NOW THEREFORE, in accordance with the mutual covenants and agreements herein, the Parties hereby agree as follows: 1. INTERPRETATION 1.1 DEFINITIONS In addition to the terms and conditions defined in the recitals and elsewhere in this Agreement, a capitalized term has the meaning given to it in this Subsection. "Agreement" means this contribution agreement and all its schedules, as may be amended from time to time. "Agreement End Date" means March 31, 2033, unless terminated earlier in accordance with this Agreement. "Asset" means any real or personal property or immovable or movable asset acquired, purchased, constructed, rehabilitated or improved, in whole or in part, with funds contributed by Canada under the terms and conditions of this Agreement, including but not limited to any Non -owned Asset. "Asset Disposal Period" means the period commencing from the Effective Date and ending twenty (20) years after the Project's Substantial Completion Date. "Communications Activity" or "Communications Activities" means, but is not limited to, public or media events or ceremonies including key milestone events, news releases, reports, web and social media products or postings, blogs, news conferences, public notices, physical and digital signs, publications, success stories and vignettes, photos, videos, multi -media content, advertising campaigns, awareness campaigns, editorials, multi -media products and all related communication materials. "Community Employment Benefits" means the reporting requirement as described in clause 3.2 e) (Commitments by the Recipient). 39 DRAFT- WITHOUT PREJUDICE — FOR DISCUSSION ONLY "Contract" means an agreement between the Recipient and a Third Party whereby the latter agrees to supply a product or service to the Project in return for financial consideration. "Declaration of Substantial Completion" means a declaration in the form substantially prescribed in Schedule D (Declaration of Substantial Completion). "Effective Date" means the date of last signature of this Agreement. "Eligible Expenditures" means those costs of the Project incurred by the Recipient and eligible for reimbursement by Canada as set out in Schedule A (Eligible and Ineligible Expenditures). "Fair Value" means the amount that would be agreed upon in an arm's length transaction between knowledgeable, willing parties who are under no compulsion to act. "Final Claim Date" means a date no later than three (3) months prior to the Agreement End Date. "Final Report" means the report described in Subsection 8.2 (Final Report). "Fiscal Year" means the period beginning April 1 of a year and ending March 31 of the following year. "In -Kind Contributions" means non -monetary contributions of goods, services or other support provided by the Recipient, or to the Recipient by a third party for the Project, for which Fair Value is assigned, but for which no payment occurs. "Joint Communications" means events, news releases and signage that relate to the Agreement and are collaboratively developed and approved by the Parties and are not operational in nature. "Non -owned Asset" means an Asset to which the Recipient does not hold the title and ownership. "Oversight Committee" means the committee established pursuant to Section 5 (Oversight Committee). "Progress Report" means the report described in Subsection 8.1 (Progress Report). "Project" means the project as described in Schedule B (Project Details). "Project Approval Date" means July 29, 2022, which is the date indicated by Canada in writing to the Recipient following Canada's approval in principle of the Project. "Project Completion Date" means the date at which all funded activities of the Project under this Agreement have been completed and which must be no later than December 31, 2032. "Project Component" means any of the components of the Project as described in Schedule B2 (Project Components and Cashflow). "Program" means the Disaster Mitigation and Adaptation Fund Program. "Substantial Completion Date" means the date on which the Project can be used for the purpose for which it was intended as described in Schedule B1 (Project Description) and as will be set out in Schedule D (Declaration of Substantial Completion). "Third Party" means any person or legal entity, other than a Party, who participates in the implementation of the Project by means of a Contract. "Total Financial Assistance" means total funding from all sources towards Total Expenditures of the Project, including funding from the Recipient and federal, provincial, territorial, and municipal governments as well as funding from other sources, private financial sources and In -Kind Contributions. 1.2 ENTIRE AGREEMENT This Agreement, including the recitals, comprises the entire agreement between the Parties in relation to the subject of the Agreement. No prior document, negotiation, provision, undertaking or agreement has legal effect, unless incorporated by reference into this Agreement. No representation or warranty expressed, implied or otherwise, is made by Canada to the Recipient except as expressly set out in this Agreement. 1.3 DURATION OF AGREEMENT This Agreement will be effective as of the Effective Date and will terminate on the Agreement End Date subject to early termination in accordance with this Agreement. 1.4 SCHEDULES 40 DRAFT- WITHOUT PREJUDICE — FOR DISCUSSION ONLY The following schedules are attached to, and form part of this Agreement: Schedule A — Eligible and Ineligible Expenditures Schedule B — Project Details Schedule C — Communications Protocol Schedule D — Declaration of Substantial Completion 2. PURPOSE OF AGREEMENT a) The purpose of this Agreement is to establish the terms and conditions whereby Canada will provide funding to the Recipient for the Project. b) The parties acknowledge that their contributions to the Project are meant to accrue to the public benefit. 3. OBLIGATION OF THE PARTIES 3.1 COMMITMENTS BY CANADA a) Canada agrees to pay a contribution to the Recipient of not more than forty percent (40%) of the total Eligible Expenditures for the Project, for assets owned by municipalities and non -for -profit organization in provinces; but only up to a maximum of five million, eighty-three thousand, six hundred and fifty-three dollars ($5,083,653). b) Canada will pay the contribution in accordance with the terms and conditions of this Agreement and the Fiscal Year breakdown in Schedule B2 (Project Components and Cashflow). c) The Parties acknowledge that Canada's role in the Project is limited to making a financial contribution to the Recipient for the Project and that Canada will have no involvement in the implementation of the Project or its operation. Canada is neither a decision -maker nor an administrator to the Project. d) If Canada's total contribution towards the Project exceeds forty percent (40%) of the Project's total Eligible Expenditures or if the Total Financial Assistance received or due in respect of the total Project costs exceeds one hundred per cent (100%) thereof, Canada may recover the excess from the Recipient or reduce its contribution by an amount equal to the excess. 3.2 COMMITMENTS BY THE RECIPIENT a) The Recipient will ensure the Project is completed in a diligent and timely manner, as per the Project Details outlined in Schedule B, within the costs and deadlines specified in this Agreement and in accordance with the terms and conditions of this Agreement. b) The Recipient will be responsible for all costs of the Project including cost overruns, if any. c) The Recipient will be responsible for any and all costs associated with the Project should the Project be withdrawn or cancelled, and the Recipient will repay to Canada any payment received for disallowed costs and all ineligible costs, surpluses, unexpended contributions, and overpayments made under and according to the terms and conditions of this Agreement. d) The Recipient will ensure that the greenhouse gas emissions assessment that includes a cost -per -tonne calculation for the Project is completed to Canada's satisfaction and submitted to Canada within six months of the Effective Date and prior to Canada flowing funds, unless otherwise required by Canada. e) The Recipient will report on Community Employment Benefits provided to at least three federal target groups (apprentices, Indigenous peoples, women, persons with disabilities, veterans, youth, recent immigrants, or small- and medium-sized enterprises and social enterprises) and submit to Canada with annual updates until Project completion as per clause 8.1 c) (Progress Report). f) The Recipient will promptly inform Canada of the Total Financial Assistance received or due for the Project. g) During the Asset Disposal Period, the Recipient will ensure that it acquires, secures and maintains all necessary rights, interests, permissions, permits, licenses, approvals, registrations, and any other authorizations, to carry out the Project and to provide the ongoing operation, maintenance, and repair of any Asset, in accordance 41 DRAFT- WITHOUT PREJUDICE — FOR DISCUSSION ONLY with this Agreement. h) The Recipient will ensure the ongoing operation, maintenance, and repair of any Asset in relation to the Project, as per appropriate standards, during the Asset Disposal Period. i) At the request of Canada, the Recipient will declare to Canada any amounts owing to the federal Crown, under legislation or contribution agreements, which constitute an overdue debt. The Recipient recognizes that any such amount owing is a debt due to the federal Crown and may be set-off by Canada in accordance with Subsection 18.5 (Set-off by Canada). j) The Recipient will inform Canada immediately of any fact or event that will compromise wholly or in part the Project. k) The Recipient agrees that material changes to the Project will require Canada's consent, which may be subject to terms and conditions, and a corresponding amendment to the Agreement. Material changes are those determined by Canada to be material, including but not limited to changes in scope or timing of the Project or changes that reduce the outcomes of the Project. For clarity, in such cases, Canada may with advance notice, reduce or terminate any payment under this Agreement. Canada will not be liable for any direct, indirect, consequential, exemplary or punitive damages, regardless of the form of action, whether in contract, tort or otherwise, arising from any such reduction or termination of funding. 3.3 APPROPRIATIONS AND FUNDING LEVELS Notwithstanding Canada's obligation to make any payment under this Agreement, this obligation does not arise if, at the time when a payment under this Agreement becomes due, the Parliament of Canada has not passed an appropriation that is sufficient and constitutes lawful authority for making the payment. Canada may reduce or terminate any payment under this Agreement in response to the reduction of appropriations or departmental funding levels in respect of transfer payments, the Program under which this Agreement was made or otherwise, as evidenced by any appropriation act or the federal Crown's main or supplementary estimates expenditures. Canada will not be liable for any direct, indirect, consequential, exemplary or punitive damages, regardless of the form of action, whether in contract, tort or otherwise, arising from any such reduction or termination of funding. 3.4 FISCAL YEAR BUDGETING a) The amount of the contribution payable by Canada for each Fiscal Year of the Project is set out in Schedule B2 (Project Components and Cashflow). b) If the actual amount payable by Canada in respect of any Fiscal Year of the Project is less than the estimated amount in Schedule B2 (Project Components and Cashflow), the Recipient may request that Canada re -allocate the difference between the two amounts to a subsequent Fiscal Year. Subject to Subsection 3.3 (Appropriations and Funding Levels), Canada agrees to make reasonable efforts to accommodate the Recipient's request. The Recipient acknowledges that requests for re -allocation of Project funding will require appropriation adjustments or federal Crown approvals. c) In the event that any requested re -allocation of Project funding is not approved, the amount of Canada's contribution payable pursuant to Subsection 3.1 (Commitments by Canada) may be reduced by the amount of the requested re -allocation. If the contribution payable by Canada pursuant to Subsection 3.1 (Commitments by Canada) is so reduced, the Parties agree to review the effects of such reduction on the overall implementation of the Project and to adjust the terms and conditions of this Agreement as appropriate. 3.5 CHANGES DURING THE LIFE OF THE PROJECT a) Where a change to this Agreement is contemplated, the Recipient will submit to Canada a request for a change. b) Where the change is approved by Canada, the Parties will execute the corresponding amendment to the Agreement in accordance with Subsection 18.13 (Amendments). 3.6 INABILITY TO COMPLETE PROJECT If, at any time during the term of this Agreement, one or all of the Parties determine that it will not be possible to complete the Project for any reason, the Party will immediately 42 DRAFT- WITHOUT PREJUDICE — FOR DISCUSSION ONLY notify the other Party of that determination and Canada may suspend its funding obligation. The Recipient will, within thirty (30) business days of a request from Canada, provide a summary of the measures that it proposes to remedy the situation. If Canada is not satisfied that the measures proposed will be adequate to remedy the situation, then this will constitute an Event of Default under Section 15 (Default) and Canada may declare a default pursuant to Section 15 (Default). 3.7 CONDITIONS PRECEDENT a) Condition The Recipient agrees that Canada has no obligation to make payments under this Agreement unless and until: i. The Recipient completes a greenhouse gas emissions assessment that includes a cost -per -tonne calculation for the Project to Canada's satisfaction and provides it to Canada. b) Remedy In the event that the Recipient is unable to meet the condition(s) set out in clause 3.7 (a) (Condition), Canada may terminate this Agreement. Canada will not be liable for any direct, indirect, consequential, exemplary or punitive damages, regardless of the form of action, whether in contract, tort or otherwise, arising from the termination of this Agreement. 4. THE RECIPIENT REPRESENTATIONS AND WARRANTIES The Recipient represents and warrants to Canada that: a) The Recipient has the capacity and authority to enter into and execute this Agreement as duly authorized by Resolution of Common Council of the City of Saint John, Agenda Item #, "Resolved that Common Council approve the funding agreement with Infrastructure Canada in relation to the Disaster Mitigation & Adaptation Fund", dated MONTH DAY, YEAR; b) The Recipient has the capacity and authority to carry out the Project; c) The Recipient has the requisite power to own the Assets or it will secure all necessary rights, interests, and permissions in respect of the Assets, during the Asset Disposal Period; d) This Agreement constitutes a legally binding obligation of the Recipient, enforceable against it in accordance with its terms and conditions; e) All information submitted to Canada as set out in this Agreement is true, accurate, and was prepared in good faith to the best of its ability, skill, and judgment; f) There are no actions, suits, investigations or other proceedings pending or, to the knowledge of the Recipient, threatened and there is no order, judgment or decree of any court or governmental agency which could materially and adversely affect the Recipient's ability to carry out the activities contemplated by this Agreement. The Recipient will inform Canada immediately if any such action or proceedings are threatened or brought during the term of this Agreement. g) Any individual, corporation or organization that the Recipient has hired, for payment, who undertakes to speak to or correspond with any employee or other person representing Canada on the Recipient's behalf, concerning any matter relating to the contribution under this Agreement or any benefit hereunder and who is required to be registered pursuant to the federal Lobbying Act, is registered pursuant to that Act; h) The Recipient has not and will not make a payment or provide other compensation that is contingent upon or is calculated upon the contribution hereunder or the negotiation of the whole or any part of the terms and conditions of this Agreement to any individual, corporation or organization with which that individual is engaged in doing business with, who is registered pursuant to the federal Lobbying Act, 5. OVERSIGHT COMMITTEE Within sixty (60) business days of the date of the last signature of this Agreement, the Parties will establish an Oversight Committee comprising a federal co-chair and a co-chair 43 DRAFT- WITHOUT PREJUDICE — FOR DISCUSSION ONLY from the Recipient. The Oversight Committee will: a) Monitor compliance with the terms and conditions of this Agreement; b) Monitor the implementation of Schedule C (Communications Protocol); c) Monitor Project risks and mitigation measures; d) Monitor the progress of the Project as per described in Section 8 (Reporting); e) Ensure that audit plans are carried out as per this Agreement, including but not limited to Section 10 (Audit); f) Act as a forum to resolve potential issues and address concerns; g) Review and, as necessary, recommend to the Parties amendments to the Agreement; and h) Attend to any other function required by this Agreement, or as mutually agreed to by the Parties. 6. CONTRACT PROCEDURES 6.1 AWARDING OF CONTRACTS a) The Recipient will ensure that Contracts are awarded in a way that is fair, transparent, competitive and consistent with value -for -money principles, and if applicable, in accordance with the Canadian Free Trade Agreement and international trade agreements. b) If Canada becomes aware that a Contract is awarded in a manner that is not in compliance with the foregoing, upon notification to the Recipient, Canada may consider the expenditures associated with the Contract to be ineligible. c) In addition to any other remedy available to Canada under this Agreement, if Canada considers the expenditures associated with a Contract to be ineligible under clause 6.1(b), the Recipient shall repay to Canada any funds that have been paid for Eligible Expenditures in relation to the Contract, at Canada's discretion. 6.2 CONTRACT PROVISIONS The Recipient will ensure that all Contracts are consistent with, and incorporate, the relevant provisions of this Agreement. More specifically but without limiting the generality of the foregoing, the Recipient agrees to include terms and conditions in all Contracts to ensure that: a) The Third Party will keep proper and accurate financial accounts and records, including but not limited to its Contracts, invoices, statements, receipts, and vouchers, in respect of the Project for at least six (6) years after the Agreement End Date and that the Recipient has the contractual right to audit them; b) All applicable labour, environmental, and human rights legislation is respected; and c) Canada, the Auditor General of Canada, and their designated representatives, to the extent permitted by law, will at all times be permitted to inspect the terms and conditions of the Contract and any records and accounts respecting the Project and will have reasonable and timely access to the Project sites and to any documentation relevant for the purpose of audit. 7. CLAIMS AND PAYMENTS 7.1 PAYMENT CONDITIONS a) Canada will not pay interest for failing to make a payment under this Agreement. b) Canada will not make a payment until the conditions identified in Subsection 3.7 (Conditions Precedent) have been met; c) Canada will not make a payment, other than the first Fiscal Year in which claims are submitted, unless Canada has received and approved reports as required under Section 8 (Reporting) and any audit requirements as required in Section 10 (Audit); d) Canada will not make a payment in respect of an Asset until the Recipient secures and confirms in writing to Canada, and to Canada's satisfaction, the necessary rights or interests with respect to land required for the Project in respect of that Asset. 44 DRAFT- WITHOUT PREJUDICE — FOR DISCUSSION ONLY e) Canada will not pay any claims until the requirements under Subsection 3.7 (Conditions Precedent), Section 19 (Environmental and Impact Assessment) and Section 20 (Indigenous Consultations), if applicable, are, in Canada's opinion, satisfied to the extent possible at the date the claim is submitted to Canada. 7.2 CLAIMS AND PAYMENTS a) The Recipient will submit claims to Canada covering the Eligible Expenditures, in a form acceptable to Canada, from time to time, but no later than the Final Claim Date. Each claim must include the following: A written attestation by a senior official designated by the Recipient that the information submitted in support of the claim is accurate and that Eligible Expenditures have been incurred; A breakdown of Eligible Expenditures claimed by Project Component in accordance with Schedule B2 (Project Components and Cashflow); and Upon request by Canada, any documents in support of Eligible Expenditures claimed. b) Canada will make a payment upon review and acceptance of a claim, subject to the terms and conditions of this Agreement. c) The Recipient will provide a final claim to Canada no later than twelve (12) months after Substantial Completion Date, along with all information required under Subsections 8.2 (Final Report), Section 10 (Audit), and Declaration of Substantial Completion (Schedule D). 7.3 DECLARATION OF SUBSTANTIAL COMPLETION a) Prior to executing the Declaration of Substantial Completion, the Recipient will request confirmation from Canada as to whether the Declaration of Substantial Completion lists all relevant documents; and b) The Declaration of Substantial Completion must be signed by an authorized official as deemed acceptable by Canada, and it must list all relevant documents as agreed to by Canada. 7.4 PAYMENT DEADLINE a) Canada will not have the obligation to make a payment after March 31st of the year following the Fiscal Year in which the Eligible Expenditures were incurred; and b) Canada will make the final payment no later than March 31st, 2033. 7.5 RETENTION OF CONTRIBUTION Canada will retain up to five percent (5%) of its contribution under this Agreement. Any amount retained by Canada will be released by Canada upon review and acceptance of the final report described under Subsection 8.2 (Final Report) and the Recipient fulfills all of its obligations under this Agreement. 7.6 FINAL ADJUSTMENTS Upon Canada's receipt of the final claim, but before issuing the final payment, the Parties will jointly carry out a final reconciliation of all claims and payments in respect of the Project and make any adjustments required in the circumstances. 7.7 FINAL PAYMENT Canada will make a final payment upon review and acceptance of the final claim, subject to the terms and conditions of this Agreement. 8. REPORTING 8.1 PROGRESS REPORT a) The Recipient will submit progress reports to Canada at a timing and frequency determined by Canada but no less than once per year. The progress report will be attested by a delegated senior official. The first progress report under this Agreement must cover the period from the Project Approval Date. b) Each progress report must include, at a minimum, the following information: i. Project Title, Recipient name and project identification number; 45 DRAFT- WITHOUT PREJUDICE — FOR DISCUSSION ONLY ii. Reporting period dates; iii. A confirmation of Schedule B2 Project Components and Cashflow, or a request for updated Schedule B2 Project Components and Cashflow submitted pursuant to Subsection 3.4 (Fiscal Year Budgeting); iv. Construction start and end dates (forecast/actual); V. Summary of Project activities and progress achieved to date; vi. An update on Project issues/risks, if any, and mitigation measures; vii. An update on Project alignment to meet results as described in Schedule B, Subsection 1.2; viii. Confirmation of the Project's installed signage, if applicable; and ix. Update on Communication Activities to date and future communications plans. c) Expected and actual results related to Community Employment Benefits for the Project will be included in a progress report on an annual basis. 8.2 FINAL REPORT The Recipient will submit a final report to Canada with the final claim for approval no later than twelve (12) months after the Substantial Completion Date. The final report will include: a) All information required under Subsection 8.1. (Progress Report), covering the period from the last progress report to the date of submitting the final claim; and b) A cumulative summary of the results and the financials for the Project, which will include the following information: i. The Project's completed results compared to the baseline established prior to the start of the Project as listed under Schedule B (Project Details); ii. Total expenditures and Eligible Expenditures by source of funding as well as federal contribution by Fiscal Year for the Project; iii. An attestation, signed by a delegated senior official, that the Project has been completed and that federal funding was spent on Eligible Expenditures in accordance with this Agreement; iv. Reporting on Community Employment Benefits and demonstrating that all environmental conditions and Indigenous consultation and accommodation requirements have been met; V. Reporting on the number of jobs created and trees planted; and vi. Confirmation of the Total Financial Assistance in accordance with clause 3.2 (f) (Commitments by the Recipient) and Schedule B3 (Total Financial Assistance). 9. INFORMATION MANAGEMENT The Recipient will use a process designated by Canada, to fulfill the obligations of the Recipient under this Agreement, including Section 8 (Reporting) and any other obligations of the Recipient as requested by Canada. 10. AUDIT a) The Recipient agrees to inform Canada of any audit that has been conducted on the use of contribution funding under this Agreement, provide Canada with all relevant audit reports, and ensure that prompt and timely corrective action is taken in response to any audit findings and recommendations. The Recipient will submit to Canada in writing as soon as possible, but no later than sixty (60) days following receiving it, a report on follow-up actions taken to address recommendations and results of the audit. b) Canada may, at its discretion, conduct a Recipient audit related to this Agreement during the term of this Agreement and up to two years after the Agreement End Date, in accordance with the Canadian Auditing Standards and Subsection 18.2 (Accounting Principles). c) The Recipient will ensure proper and accurate financial accounts and records are kept, including but not limited to its Contracts, invoices, statements, receipts, and vouchers in respect to the Project for at least six (6) years after the Agreement End Date. 46 DRAFT- WITHOUT PREJUDICE — FOR DISCUSSION ONLY 11. EVALUATION The Recipient agrees to cooperate with Canada in the conduct of any evaluation of the Program during or after the term of this Agreement. The Recipient also agrees to provide Project -related information to Canada during and following the termination of the Agreement in order for Canada to conduct any evaluation of the performance of the Program. All evaluation results will be made available to the public, subject to all applicable laws and policy requirements. 12. ACCESS The Recipient will provide Canada, the Auditor General of Canada, and their designated representatives with reasonable and timely access, at no cost, to the Project sites, facilities, and any documentation for the purposes of audit, evaluation, inspection and monitoring compliance with this Agreement. 13. COMMUNICATIONS 13.1 COMMUNICATIONS PROTOCOL a) The Parties will comply with Schedule C (Communications Protocol). b) The Recipient will acknowledge Canada's contribution in all signage and public communication produced as part of the Project or Agreement, in a manner acceptable to Canada, unless Canada communicates in writing to the Recipient that this acknowledgement is not required; and c) The Recipient acknowledges that the following may be made publicly available by Canada: i. Its name, the amount awarded by Canada, and the general nature of the Project; and ii. Any evaluation or audit report and other reviews related to this Agreement. 13.2 OFFICIAL LANGUAGES a) The Recipient will ensure that information on the Project is developed and is available in both official languages when intended for the information of, or use by the public; and b) The Recipient will communicate in such a manner as to address the needs of both official language communities. 14. DISPUTE RESOLUTION The Parties will keep each other informed of any issue that could be contentious by exchanging information and will, in good faith and reasonably, attempt to resolve potential disputes. a) If a contentious issue arises, it will be referred to the Oversight Committee. The Oversight Committee will examine it and, in good faith, attempt to resolve it, within thirty (30) business days from the receipt of notice. b) Where the Oversight Committee cannot agree on a resolution, the issue will be referred to the Parties for resolution. The Parties will provide a decision within ninety (90) business days. c) Where the Parties cannot agree on a resolution, the Parties may explore any alternative dispute resolution mechanisms available to them to resolve the issue. d) Any payments related to the issue will be suspended, together with the obligations related to such issue, pending resolution. e) The Parties agree that nothing in this Section will affect, alter or modify the rights of Canada to terminate this Agreement. 15. DEFAULT 15.1 EVENTS OF DEFAULT The following events constitute Events of Default under this Agreement: 47 DRAFT- WITHOUT PREJUDICE — FOR DISCUSSION ONLY a) The Recipient has not complied with one or more of the terms and conditions of this Agreement; b) The Recipient has not completed the Project in accordance with the terms and conditions of this Agreement; c) The Recipient has submitted false or misleading information to Canada or made a false or misleading representation in respect of the Project or in this Agreement, except for an error in good faith, demonstration of which is incumbent on the Recipient, to Canada's satisfaction; or d) The Recipient has neglected or failed to pay Canada any amount due in accordance with this Agreement; 15.2 DECLARATION OF DEFAULT Canada may declare default if: a) One or more of the Events of Default occurs. b) Canada gave notice to the Recipient of the event which in Canada's opinion constitutes an Event of Default; and c) The Recipient has failed, within thirty (30) business days of receipt of the notice, either to remedy the Event of Default or to notify and demonstrate, to the satisfaction of Canada, that it has taken such steps as are necessary to remedy the Event of Default. 15.3 REMEDIES ON DEFAULT In the event that Canada declares a default under Subsection 15.2 (Declaration of Default), Canada may exercise one or more of the following remedies, without limiting any remedy available to it by law: a) Suspend any obligation by Canada to contribute or continue to contribute funding to the Project, including any obligation to pay an amount owing prior to the date of such suspension; b) Terminate any obligation of Canada to contribute or continue to contribute funding to the Project, including any obligation to pay any amount owing prior to the date of such termination; c) Require the Recipient to reimburse Canada all or part of the contribution paid by Canada to the Recipient; d) Terminate this Agreement. 16. LIMITATION OF LIABILITY AND INDEMNIFICATION 16.1 DEFINITION OF PERSON In this section, "Person" includes, without limitation, a person, the Recipient, a Third Party, a corporation, or any other legal entity, and their officers, servants, employees or agents. 16.2 LIMITATION OF LIABILITY In no event will Canada, its officers, servants, employees or agents be held liable for any damages in contract, tort (including negligence) or otherwise, for: a) Any injury to any Person, including, but not limited to, death, economic loss or infringement of rights; b) Any damage to, loss of, or destruction of property of any Person; or c) Any obligation of any Person, including, but not limited to, any obligation arising from a loan, capital lease or other long term obligation; in relation to this Agreement or the Project. 16.3 INDEMNIFICATION The Recipient will at all times indemnify and save harmless Canada, its officers, servants, employees or agents, from and against all actions, claims, demands, losses, costs, damages, suits or other proceedings, whether in contract, tort (including negligence) or otherwise, by whomsoever brought or prosecuted in any manner based upon or occasioned by, in relation to this Agreement or the Project: 10 48 DRAFT- WITHOUT PREJUDICE — FOR DISCUSSION ONLY a) Any injury to any Person, including, but not limited to, death, economic loss or any infringement of rights; b) Any damage to or loss or destruction of property of any Person; or c) Any obligation of any Person, including, but not limited to, any obligation arising from a loan, capital lease or other long term obligation in relation to this Agreement or Project, except to the extent to which such actions, claims, demands, losses, costs, damages, suits or other proceedings are caused by the negligence or breach of this Agreement by an officer, servant, employee or agent of Canada in the performance of his or her duties. 17. DISPOSAL OF ASSETS a) Unless otherwise agreed to by the Parties, the Recipient will: i) where the Recipient owns the Asset, retain title to and ownership of the Asset or part of the Asset for the Asset Disposal Period; and ii) for a Non -owned Asset, retain all necessary rights, interests, and permissions in Non -Owned Assets for the Asset Disposal Period. b) The Recipient will ensure that any Asset will be preserved, maintained, and used for the purposes of the Project, and that no Asset, in whole or in part, will be sold, leased, encumbered or otherwise disposed of, directly or indirectly, during the Asset Disposal Period unless the Recipient notifies Canada in advance and in writing, and Canada consents to the such disposal. c) Upon alternate use or disposal of any Asset, which includes selling, leasing, encumbering, or otherwise disposing of, directly or indirectly, during the Asset Disposal Period, the Recipient will reimburse Canada, at Canada's discretion, all or part of the contribution paid under this Agreement by Canada to the Recipient. 18. GENERAL 18.1 SURVIVAL The Parties' rights and obligations which, by their nature, extend beyond the termination of this Agreement, will survive any termination of this Agreement. 18.2 ACCOUNTING PRINCIPLES All accounting terms will have the meanings assigned to them, all calculations will be made and all financial data to be submitted will be prepared in accordance with the Generally Accepted Accounting Principles (GAAP) or the Public Sector Accounting Standards (PSAS) in effect in Canada. 18.3 DEBTS DUE TO THE FEDERAL CROWN Any amount owed to Canada under this Agreement by the Recipient will constitute a debt due to the federal Crown, which the Recipient will reimburse Canada forthwith on demand. 18.4 INTEREST ON DEBTS DUE TO THE FEDERAL CROWN Debts due to the federal Crown by the Recipient will accrue interest in accordance with the federal Interest and Administrative Charges Regulations. 18.5 SET-OFF BY CANADA Any debt due to the federal Crown by the Recipient may be set-off against any amounts payable by Canada to the Recipient under this Agreement. 18.6 MEMBERS OF THE HOUSE OF COMMONS AND SENATE No member of the House of Commons or the Senate of Canada will be admitted to any share or part of this Agreement, or to any benefit arising from it, that is not otherwise available to the general public. The Recipient will promptly inform Canada should it become aware of the existence of any such situation. 18.7 CONFLICT OF INTEREST 49 11 DRAFT- WITHOUT PREJUDICE — FOR DISCUSSION ONLY No current or former public servant or public office holder to whom any post -employment, ethics and conflict of interest legislation, guidelines, codes or policies of Canada applies will derive direct benefit from this Agreement unless the provision or receipt of such benefits is in compliance with such legislation, guidelines, policies or codes. The Recipient will promptly inform Canada should it become aware of the existence of any such situation. 18.8 NO AGENCY, PARTNERSHIP, JOINT VENTURE, ETC. a) No provision of this Agreement and no action by the Parties will establish or be deemed to establish a partnership, joint venture, principal -agent relationship or employer -employee relationship in any way or for any purpose whatsoever between Canada and the Recipient or between Canada and a Third Party. b) The Recipient will not represent itself, including in any agreement with a Third Party, as a partner, employee or agent of Canada. 18.9 NO AUTHORITY TO REPRESENT Nothing in this Agreement is to be construed as authorizing any person, including a Third Party, to contract for or to incur any obligation on behalf of Canada or to act as an agent for Canada. The Recipient will take the necessary action to ensure that any Contract between the Recipient and any Third Party contains a provision to that effect. 18.10 ASSIGNMENT The Recipient will not transfer or assign its rights or obligations under this Agreement without the prior written consent of Canada. Any attempt by the Recipient to assign any of the rights, duties or obligations of this Agreement without Canada's express written consent is void. 18.11 COUNTERPART SIGNATURE This Agreement may be executed and delivered in counterparts (including by mail or other means of electronic transmission, such as by electronic mail in "pdf' form), with the same effect as if all parties had signed and delivered the same document, and all counterparts shall together constitute one and the same original document. 18.12 SEVERABILITY If for any reason a provision of this Agreement that is not a fundamental term of this Agreement between the Parties is found to be or becomes invalid or unenforceable, in whole or in part, and if both Parties agree, it will be deemed to be severable and will be deleted from this Agreement, but all the other terms and conditions of this Agreement will continue to be valid and enforceable. 18.13 AMENDMENTS This Agreement, including its schedules, can only be amended in writing by the Parties. Reallocation of amounts within Schedule B2 Project Components and Cashflow which do not result in an increase to the maximum amount of Canada's contribution under Subsection 3.1 (Commitments by Canada), do not require a formal amendment agreement between the Parties and may be agreed to by the Parties through administrative processes. 18.14 WAIVER A Party may waive any of its rights under this Agreement only in writing. Any tolerance or indulgence demonstrated by the Party will not constitute a waiver. 18.15 NOTICE Any notice provided for under this Agreement may be delivered in person, sent by mail addressed to: for Canada: DIRECTOR, CLIMATE MITIGATION AND ADAPTATION AND COMMUNITY PROGRAMS, COMMUNITIES AND INFRASTRUCTURE PROGRAMS BRANCH, DEPARTMENT OF HOUSING, INFRASTRUCTURE AND COMMUNITIES, 1100 - 180 Kent Street, Ottawa, Ontario, K1 P 0136 12 50 DRAFT- WITHOUT PREJUDICE — FOR DISCUSSION ONLY or to such other address or email or addressed to such other person as Canada may, from time to time, designate in writing to the Recipient; and for the Recipient: Jonathan Taylor City Clerk, The City of Saint John 15 Market Square, City Hall, P.O. Box 1971 City of Saint John, New Brunswick E2L 41_1 cityclerk(a)saintlohn.ca With a copy to: The City of Saint John General Counsel Office general counsel (a)saintlohn.ca or such other address or email or addressed to such other person as the Recipient may, from time to time, designate in writing to Canada. Such notice will be deemed to have been received, if sent by mail or email, when receipt is acknowledged by the other Party; and in person, when delivered. 18.16 COMPLIANCE WITH LAWS The Recipient will comply with all applicable laws and regulations and all requirements of regulatory bodies having jurisdiction over the subject matter of the Project. 18.17 GOVERNING LAW This Agreement is governed by the laws applicable in the Province of the Recipient. 18.18 SUCCESSORS AND ASSIGNS This Agreement is binding upon the Parties and their respective successors and assigns. 18.19 INTELLECTUAL PROPERTY (a) All intellectual property that arises in the course of the Project will vest in the Recipient. (b) The Recipient will obtain the necessary authorizations, as needed, for the implementation of the Project, from Third Parties who may own the intellectual property rights or other rights in respect of the Project. Canada will assume no liability in respect of claims from any Third Party in relation to such rights and to the Agreement. 19. ENVIRONMENTAL AND IMPACT ASSESSMENT 19.1 REQUIREMENTS UNDER APPLICABLE FEDERAL ENVIRONMENTAL OR IMPACT ASSESSMENT LEGISLATION The Recipient represents and warrants that there are no requirements under applicable federal environmental or impact assessment legislation for the Project. 19.2 CHANGES TO PROJECT OR OTHERWISE a) If, as a result of changes to the Project or otherwise, Canada is of the opinion that the Project is subject to federal environmental or impact assessment legislation, the Recipient agrees that construction of the Project or any other physical activity to be carried out in relation to the Project, including site preparation or vegetation removal, will not be undertaken or will be suspended unless and until the legislative requirements are met and continue to be met. The Recipient also agrees that no funds or additional funds for any Eligible Expenditure for the Project will become or will be payable by Canada to the Recipient unless and until the legislative requirements are met and continue to be met. b) Canada may consent in writing that construction or any other physical activity, including site preparation or vegetation removal, be carried out for the portion of the Project not subject to federal environmental or impact assessment and that funds or additional funds for any Eligible Expenditure will be payable by Canada for the portion of the Project not subject to federal environmental or impact assessment. 13 51 DRAFT- WITHOUT PREJUDICE — FOR DISCUSSION ONLY 20. INDIGENOUS CONSULTATIONS 20.1 INDIGENOUS CONSULTATION a) The Recipient agrees that: a. it will consult with Indigenous communities that might be affected by the Project. Specifically, it will i. explain the Project to the Indigenous communities, including Canada's funding role, and ii. provide a report to Canada, which will include: (1) a list of all Indigenous communities contacted; (2) a summary of all communications with the Indigenous communities; (3) a summary of any issues or concerns that the Indigenous communities have raised, how they were addressed, and any outstanding concerns; and (4) any other information Canada may consider appropriate. b) accommodation measures, where appropriate, will be carried out by the Recipient and these costs may be considered Eligible Expenditures. c) no construction or any other physical activity, including site preparation or vegetation removal may be carried out in relation to the Project, and no funds or additional funds for any Eligible Expenditure for the Project will be payable by Canada to the Recipient, unless and until Canada is satisfied that its legal duty to consult and, where appropriate, accommodate Indigenous communities has been met and continues to be met. 20.2 CHANGES TO PROJECT OR OTHERWISE If, as a result of changes to the Project or otherwise, Canada determines that further Indigenous consultation is required, the Recipient will work with Canada to satisfy its legal duty to consult and, where appropriate, accommodate Indigenous communities and agrees that Subsection 20.1 (Indigenous Consultation) will be applicable. 14 52 DRAFT- WITHOUT PREJUDICE — FOR DISCUSSION ONLY SIGNATURES This Agreement has been executed on behalf of His Majesty the King in right of Canada, and on behalf of the City of Saint John on the date below each Party's respective signature. HIS MAJESTY THE KING IN RIGHT OF THE CITY OF SAINT JOHN CANADA Paul Loo Director General, Resilient and Innovative Communities, Housing, Infrastructure and Communities Canada Donna Noade Reardon Mayor of the City of Saint John DATE DATE vkt Jonathan Taylor City Clerk -Iqqobhl_� DATE 15 53 DRAFT- WITHOUT PREJUDICE — FOR DISCUSSION ONLY SCHEDULE A - ELIGIBLE AND INELIGIBLE EXPENDITURES A.1. ELIGIBLE EXPENDITURES a) All Eligible Expenditures identified below can begin to be incurred as of the Project Approval Date except for expenditures associated with greenhouse gas assessments, which are Eligible Expenditures, that may be incurred within twelve (12) months prior to the Project Approval Date. b) Eligible Expenditures will be all direct and necessary expenditures incurred by the Recipient towards the eligible Project that are associated with acquiring, planning, designing, constructing or rehabilitating a tangible capital asset, as defined by the Generally Accepted Accounting Principles (GAAP) or the Public Sector Accounting Standards (PSAS) in effect in Canada. This also specifically includes the following: i. Expenditures directly associated with joint federal communication activities and with Project signage, installed in accordance with federal signage guidelines. ii. The incremental costs of the Recipient's employees or leasing of equipment may be included as Eligible Expenditures under the following conditions: 1. The Recipient is able to demonstrate that it is not economically feasible to tender a contract; 2. The employee or equipment is engaged directly in respect of the work that would have been the subject of the contract; and 3. The arrangement is approved in advance and in writing by Canada. iii. Costs of Indigenous consultations, and where appropriate, accommodation. c) All Eligible Expenditures outlined above can be reimbursed to the Recipient only following the Effective Date of the Agreement. A.2 INELIGIBLE EXPENDITURES a) Expenditures incurred before Project Approval Date and all expenditures related to contracts signed prior to the Project Approval Date except for expenditures associated with greenhouse gas assessments as per clause A.1.a); b) Expenditures incurred for cancelled Projects; c) Expenditures of relocating entire communities, or costs for properties associated with relocation; d) Costs for and associated with the acquisition of land; e) Costs associated with relocation and purchase of any type of dwellings or buildings; f) Expenditures for equipment (unless it is part of the larger fixed infrastructure); g) Costs associated with all emergency and response services infrastructure (e.g., fire stations); h) Leasing land, buildings and other facilities; leasing equipment other than equipment directly related to the construction of the Project; real estate fees and related costs, unless in accordance with the requirements described in Schedule A.1.b)ii; i) Any overhead expenditures, including salaries and other employment benefits of any employees of the recipient, the direct or indirect operating or administrative costs of recipients, and more specifically its costs related to planning, engineering, architecture, supervision, management and other activities normally carried out by its staff, unless in accordance with the requirements described in Schedule A.1.b)ii; j) Financing charges, legal fees, and loan interest payments including those related to easements (e.g. surveys); k) Any goods and services costs which are received through donations or in -kind; 16 54 DRAFT- WITHOUT PREJUDICE — FOR DISCUSSION ONLY I) Provincial sales tax and Goods and Services tax/HST, for which the recipient is eligible for a rebate, and any other costs eligible for rebates; m) Expenditures associated with operating expenses and regularly scheduled maintenance work; n) Expenditures related to furnishings and non -fixed assets which are not essential for the operation of the Asset/Project-, and o) All capital expenditures and costs, including site preparation and construction costs, until Canada is satisfied that the Environmental Assessment and Indigenous consultation obligations have been met and continue to be met. 40 17 DRAFT- WITHOUT PREJUDICE — FOR DISCUSSION ONLY SCHEDULE B — PROJECT DETAILS B1. Project Description: The City of Saint John has some of the highest tides in the world and is at increasing risk of flooding from extreme weather, which is magnified by climate change. Two significant riverine flooding events have occurred on the St. John River in the past decade (2018 and 2019) with the highest water levels on record. These events caused significant private and public infrastructure damage, including to three (3) wastewater systems which service over 50% of the city's population. The project consists of increasing flood resiliency of critical wastewater infrastructure within the City of Saint John. The project includes rehabilitation and raising of the Lancaster Wastewater Treatment Facility berm to an elevation of 6.8 m to protect from flooding, replacement and raising of the Millidgeville Wastewater Treatment Facility UV system and flood protection of the Lower Cove sewer system. These systems service the City's West Side, Millidgeville, and Uptown Saint John. B1.1 Project Objective: This project will upgrade and rehabilitate the two (2) wastewater systems and one (1) combined system (will be a stormwater system) described above, mitigating the flooding risk and ensuring the provision of wastewater services to an estimated 32,600 people. The project will reduce or eliminate untreated wastewater discharge caused by flood damage and protect existing infrastructure from damage, as well as reduce expected sewer backup that will affect private residential and commercial developments. List of Assets: Assets Asset Owner A — Lancaster Wastewater Treatment Facility City of Saint John B — Lower Cove Sewer System City of Saint John C — Millidgeville Wastewater Treatment Facility Ultraviolet System City of Saint John B1.2 Expected Results at Project completion: Expected Outputs Actual and immediate Indicators Baseline Target Results (info Outcome(s) to be included in final report) Increased structural Number of newly built or 3 assets capacity to adapt to improved infrastructure 3 assets (improved) climate change Assets impacts, disasters Expected lifecycle of A. 0 years A. 60 years triggered by natural newly built or improved B. 0 years B. 100 hazards, and extreme infrastructure Assets C. 0 years; years weather events (years) N/A C. 20-25 (building) years (UV System); 100 years (building) Performance of newly built or improved infrastructure Assets A. Meters of berm A. 0 m A. 150 - 250 raised. m B. Meters of storm sewer B. 100 - 200 installed. m C. 20 m2 18 56 DRAFT- WITHOUT PREJUDICE — FOR DISCUSSION ONLY C. Square meters of C. 0 m2 building Expected Actual intermediate Indicators Baseline Target Results (info Outcome(s) to be included in final report) Increased ability of Percentage of directly 9.60% Less than communities to adapt affected people by 8.5% and withstand climate hazard change impacts, Percentage of local 0.98% Less than disasters triggered by economic losses per 0.7% natural hazards, and hazard extreme weather Percentage of population 53.00% Less than events without essential 25% services during hazard Number of missing 0 0 people/lives lost Actual Expected ultimate Indicators Baseline Target Results (info Outcome(s) to be included in final report) Increased economic, Long-term savings on $0 $20,671,160 environmental and socio-economic social resilience damages during the Asset life cycle Minimum Federal Requirements All projects under the DMAF must meet the following federal requirements: a) Meeting or exceeding the applicable energy efficiency standards for buildings outlined in the Pan -Canadian Framework (PCF) on Clean Growth and Climate Change. b) Meeting or exceeding the requirement of the highest published accessibility standard in a jurisdiction, defined as the requirements in the Canadian Standards Association Technical Standard Accessible Design for the Built Environment (CAN/CSA B651-12 or newer), in addition to applicable provincial or territorial building codes, and relevant municipal by-laws. B1.3 Boundaries: Project Component Mid -Points Project Component Midpoint km CSRS-UTM-20N Lat/Long Latitude (N) Longitude (W) A 45.238732 -66.112505 B 45.266148 -66.058459 C 45.287058 -66.11614 19 57 Lancaster WWT .ti PEu`ms.r.. AW � OwB COy , S@ 8 Sg�aE2ta4 r' .: Raul Facer _`` � r V a� X { a i k 11 �z hOdiidgevdleNV sysleia _ � � £ �_ � S� hri• 1 A ' Lo erGo e'Sewer Separation ,�! J Reversing Falls Beach 4 'Bap'Ferries di Izllello_?Direr INalional Historic Site Inc 40, A - �O. r A ancaster,W'WTF I McLarens Beach \ z 0 z 0 \ _ 0 m 5 of 0 _ \ \ 2 of / 0 §_ % \ � _ ■ ƒ m m k k j (.0CD % � ) /$ r- $ � k / / m � / C4 £ 0 ) co S S r r � Cl) Cl) _ " § / & w 2 / 2 2 kCl) Cl) 2)§ \ \ ))R / / w\£ 3 6 0 m m � ° \ k2 2 2 E �] \ % w 22 CD CD2 Ex w w a �w & & E w g LU 2 0w \ \ 2k 6 6 §E ¥ ¥ wLU & & f )2 t 7E / « § 3 u 2 z ;�I 00 k / CD / » 0 ) �00 j 2 / LO { 4 S E 2 % ) j \ \ � I DRAFT- WITHOUT PREJUDICE — FOR DISCUSSION ONLY SCHEDULE C - COMMUNICATIONS PROTOCOL C.1 PURPOSE This Communications Protocol outlines the roles and responsibilities of each of the Parties to this Agreement with respect to Communications Activities related to the funded Project. This Communications Protocol will guide all communications activity planning, development and implementation to ensure clear, consistent and coordinated communications to the Canadian public. The provisions of this Communications Protocol apply to all Communications Activities related to this Agreement including any Projects funded under this Agreement. Communications Activities may include, but are not limited to, public or media events, news releases, reports, web and social media products or postings, blogs, project signs, digital signs, publications, success stories and vignettes, photo compilations, videos, advertising campaigns, awareness campaigns, editorials, and multi -media products. C.2 GUIDING PRINCIPLES The Parties recognize the importance of managing the delivery of coherent Communications Activities based on the principle of transparent and open discussion and collaboration. Communications Activities undertaken through this Protocol should ensure that Canadians are informed of infrastructure investments made to help improve their quality of life and that they receive consistent information about the funded Project and its benefits. The Communication Activities undertaken jointly by Canada and the Recipient should recognize the funding of all contributors to the Project. The Recipient's public acknowledgement of financial assistance received from Canada is a condition of funding under this Agreement. The Recipient will address any deficiencies and/or corrective actions identified by Canada or by the Oversight Committee. C.3 GOVERNANCE The Parties will designate communications contacts and form a communications subcommittee that will be responsible for preparing the Project's communications plan, overseeing its implementation and reporting on its results to the Oversight Committee. C.4 PROGRAM COMMUNICATIONS Canada retains the right to meet its obligations to communicate information to Canadians about the Program and the use of funding through its own communications products and activities. Canada and the Recipient may also include general Program messaging and an overview of this Project as an example in their own communications products and activities. The Party undertaking these activities will recognize the funding of the Parties. Canada and the Recipient agree that they will not unreasonably restrict the other Party or other funding contributors from using, for their own purposes, public communications products related to the Project that were prepared collectively or individually by the Parties, and if web -based, from linking to them. Canada and the Recipient will ensure that: a) Canada and the Recipient will work together with respect to Joint Communications about the Project. b) Joint Communications related to Project funded under this Agreement should not occur without the prior knowledge and agreement of each of the Parties. c) All Joint Communications material will be approved by Canada and the Recipient, and will recognize the funding of each of the Parties. 23 61 DRAFT- WITHOUT PREJUDICE — FOR DISCUSSION ONLY d) Each of the Parties may request Joint Communications to communicate to Canadians about the progress or completion of Projects. The requestor will provide at least fifteen (15) business days' notice to the other Parties. If the Communications Activity is an event, it will take place at a mutually agreed date and location. e) The requestor of the Joint Communications will provide an equal opportunity for the other Parties to participate and choose their own designated representative in the case of an event. f) As Canada has an obligation to communicate in English and French, Communications products related to events must be bilingual and include the Canada word mark and the other Party's logo. In such cases, Canada will provide the translation services and final approval of products. g) The conduct of all Joint Communications will follow the Table of Precedence for Canada. Media events include, but are not limited to, news conferences, public announcements, official events or ceremonies, and news releases. The Recipient agrees to collaborate with Canada on Communications Activities and products including, but not limited to, Project success stories, vignettes, and multi -media products. C.5 INDIVIDUAL COMMUNICATIONS ROW The Recipient will ensure that: a) Where a website or webpage is created to promote or communicate progress on a funded Project or Projects, it must recognize federal funding through the use of a digital sign or through the use of the Canada wordmark and the following wording, "This project is funded in part by the Government of Canada." The Canada wordmark or digital sign must link to Housing, Infrastructure and Communities Canada's website, at www.infrastructure.qc.ca. The guidelines for how this recognition is to appear and language requirements are published on Housing, Infrastructure and Communities Canada's website (https://housin g-infrastructu re. can ad a.ca/pub/signage- panneaux/intro-eng.html). b) The Recipient will be required to send a minimum of one photograph to each of the Parties of the construction in progress, or of the completed project, for use in social media and other digital individual Communications Activities. Sending the photos will constitute permission to use and transfer of copyright. Photographs are to be sent to infc.photo.infc(a-)canada.ca along with the Project name and location. C.6 OPERATIONAL COMMUNICATIONS The Recipient is solely responsible for operational communications with respect to the Project, including, but not limited to, calls for tender, construction, and public safety notices. Operational communications will include the following statement: "This project is funded in part by the Government of Canada". Operational communications as described above are not subject to the federal official languages policy. Canada and the Recipient will share information promptly with the other Party should significant media inquiries be received or if major stakeholder issues relating to the Project arise. C.7 SIGNAGE Unless otherwise agreed upon by Canada, the Recipient will produce and install a sign to recognize contributors' funding at each Project site in accordance with current federal signage guidelines The sign's design, content, and installation guidelines are provided by Canada (http://housing-infrastructure.canada.ca/pub/signac -panneaux/intro-eng.html). Where the Recipient decides to install a permanent plaque or other suitable marker with respect to the Project, it must recognize the federal contribution and be approved by Canada. The Recipient will ensure that signs are installed at the Project site(s) at least one (1) month prior to the start of construction, be visible for the duration of the Project, and 24 62 DRAFT- WITHOUT PREJUDICE — FOR DISCUSSION ONLY remain in place until one (1) month after construction is completed and the infrastructure is fully operational or opened for public use. The Recipient will ensure that signs are installed in a prominent and visible location that takes into consideration pedestrian and traffic safety and visibility. Sign installations shall be reported to Canada as per clause 8.1 b) (Progress Report). C.8 ADVERTISING CAMPAIGNS Recognizing that advertising can be an effective means of communicating with the public, Canada and the Recipient may, at their own cost, organize an advertising or public information campaign related to the Program or the funded Project. However, such a campaign must respect the provisions of this Agreement. In the event of such a campaign, each Party agrees to inform the other Party of its intention, no less than twenty-one (21) business days prior to the campaign launch. 40 25 91 DRAFT- WITHOUT PREJUDICE — FOR DISCUSSION ONLY SCHEDULE D - DECLARATION OF SUBSTANTIAL COMPLETION In the matter of the Agreement entered into between His Majesty the King in right of Canada, as represented by the Minister of Housing, Infrastructure and Communities, and the City of Saint John (the "Recipient")concerning the City of Saint John Wastewater Flood Protection Project (the "Agreement'). I, (Name E.G. Recipient Co -Chair, or Project Manager, or Site Foreman), hold the position of with the Recipient and as such have knowledge of the matters set forth in this declaration and believe this declaration to be true.: 1. The City of Saint John has received the following documents for the City of Saint John Wastewater Flood Protection Project: [LIST NAME OF RELEVANT DOCUMENT(S), E.G. CERTIFICATE OF COMPLETION, CERTIFICATE OF PERFORMANCE, OCCUPANCY PERMIT, ETC.] signed by (Name), a (Profession, e.g. professional engineer) for the Project. [ADD SAME TEXT AS IN i FOR EACH DOCUMENT] 2. Based on the above documents and the representations made to me by the professionals, I declare to the best of my knowledge and belief that the Project: has been substantially completed, in that it can be used for its intended use, as described in Schedule B.1 (Project Description) of the Agreement. was carried out between the dates (start date) and (Substantial Completion Date). 3. All terms and conditions of the Agreement that are required to be met as of the date of this declaration have been met. Declared at this (Signature) (City), in day of , 20 (Province/Territory ) 64 26 COUNCIL REPORT M&C No. 2024-269 Report Date October 07, 2024 Meeting Date October 15, 2024 Service Area Utilities and Infrastructure Services Her Worship Mayor Donna Noade Reardon and Members of Council SUBJECT: Contract 2023-27: Rothesay Avenue/Retail Drive — Intersection Re- alignment AUTHORIZATION Primary Author Commissioner/Dept. Head Chief Administrative Officer Kevin O'Brien Ian Fogan/ Michael Baker J. Brent McGovern RECOMMENDATION It is recommended that: (A) Council provide pre -approval for the following projects contained in the proposed 2025 General Fund and Water & Sewerage Utility Fund Capital Programs: Other Share City Share 1) General Fund -Transportation Retail Drive Realignment (Oakland Street to Rothesay Avenue) $3,387,635 $1,232,100 2) General Fund — Urban and Rural Storm Retail Drive Realignment (Oakland Street to Rothesay Avenue) $935,450 $341,000 3) Water & Sewerage Utility Fund — Infrastructure Renewal - Sanitary Retail Drive Area (Rockwood Avenue to Civic #16) $350,000 --- (Other Share CCBF Funding 2024-2028 Program) (B) Contract No. 2023-27: Rothesay Avenue/Retail Drive — Intersection Re- alignment project be awarded to the low tenderer, Galbraith Construction Ltd., at their tendered price of $5,796,833.75 (including HST) as calculated based on estimated quantities, and further that the Mayor and City Clerk be authorized to execute the necessary contract documents. EXECUTIVE SUMMARY The purpose of this report is to recommend that Council award Contract No. 2023-27: Rothesay Avenue/Retail Drive — Intersection Re -alignment project to the low tenderer. ARI -2- PREVIOUS RESOLUTIONS October 171h, 2022: M&C 2022-317 — 2023 and 2024 General and Utility Fund Capital Budget, approved. April 17, 2023: M&C 2023-098 — 2023 General Fund and Utility Fund Capital Budget Update, approved. June 12, 2023: M&C 2023-149 — Public Hearing for Stop -up and Closure for Portions of Retail Drive; 15t and 2" readings approved. October 30, 2023: M&C 2023-238; Revised 2024 General and Utility Fund Capital Programs, approved. February 20, 2024 — Street Closing By-law — Retail Drive; 3,d reading approved (effective date to be confirmed by Council resolution). REPORT The approved 2023 General Fund and Water & Sewerage Utility Fund, the approved 2024 General Fund and the proposed 2025 General Fund and Water & Sewerage Utility Fund Capital Programs include Other Share and City Share funding for the re -alignment of the Rothesay Avenue/Retail Drive intersection. The work generally involves the demolition of several existing structures, the relocation of existing watermains, sanitary sewers and storm sewers and the re- alignment of Retail Drive where it meets Rothesay Avenue. This re -alignment will include new concrete curbs and sidewalks, grass medians and trees, asphalt pavements and a reconfigured intersection including new traffic lights, traffic islands, and signage at the Rothesay Avenue/Retail Drive/Ashburn Lake Road intersection. TENDER RESULTS Tenders closed on October 2, 2024, with the following results, including HST: 1. Galbraith Construction Ltd. $ 5,796,833.75 2. TerraEx Inc. $ 7,502,732.25 4. L.C.L. Excavation (2006) Inc. $ 7,779,289.54 The Engineer's estimate for the work was $8,207,222.25, including HST. ANALYSIS The tenders were reviewed by staff, and all were found to be formal in all respects with the exception of the tender from TerraEx Inc. The tender from TerraEx Inc. contained an error in mathematics. In accordance with Division 2 — Instructions C�� -3- to Tenderers and Tendering Procedures, item 2.11 (u)(i), the error was corrected and the correct total was used for evaluation purposes and reported above in the tender results. Staff are of the opinion that the low tenderer has the necessary resources and expertise to perform the work and recommend acceptance of their tender. FINANCIAL IMPLICATIONS The Contract includes work that is charged against the 2023 General Fund and Water & Sewerage Utility Fund, the 2024 General Fund and the proposed 2025 General Fund and Water & Sewerage Utility Fund Capital Programs. This project is partially funded by the Integrated Bilateral Fund Program and the Canada Community Building Fund (Other Share). Assuming the award of the Contract to the low tenderer, an analysis has been completed, which includes the estimated amount of work to be performed by the Contractor and Others (i.e. engineering services costs, relocation of Utilities costs, land purchase costs, contaminated soil treatment costs, etc.). The analysis is as follows: Budget $ 8,913,290.00 Project Net Cost $ 8,052,110.44 Variance (Surplus) $ 861,179.56 Ias] 414V=9: 1►107: 1ilk] 1►We] role] ►RI1: [a]Ito] ► role] ►11IIA IN This recommendation aligns with the Council's policy for the tendering of construction contracts, adhering to the City's General Specifications and specific project specifications. STRATEGIC ALIGNMENT Aligning Rothesay Avenue, Retail Drive and Ashburn Lake Road into a single intersection aligns with four priorities of Council: • Grow — A single aligned intersection will create new transportation capacity to support planned area taxbase growth. • Belong —The alignment project will support public safety and quality of life by improving intersection safety and decreasing noise at an adjacent rail crossing. • Move —This project aligns with recommendations of MoveSJ, including the alignment project itself and improving safety and access for all users of the transportation infrastructure. AYA -4- • Perform — This project makes use of available funding from the Provincial and Federal levels of government and will reduce ongoing infrastructure operations and maintenance costs. The realignment of the intersections includes the relocation of the watermains, sanitary sewers and storm sewers so they are within the new Retail Drive public right-of-way. The reconstructed roadway includes the following noteworthy improvements: Pedestrian Safety and Accessibility Improvements — The constructed single aligned intersection will contain crosswalks and pedestrian signals on all legs of the intersection. It will be considered accessible for persons with various abilities, with elements such as audible Accessible Pedestrian System (APS), tactile warning surface indicators, and access ramps between the sidewalks and crosswalks. A new Rapid Rectangular Flashing Beacon (RRFB) system complete with APS and tactile warning surface indicators will also be installed at a new crosswalk across Retail Drive at the Oakland Street intersection. Rail crossing safety and stopping train whistles — Immediately adjacent to Rothesay Avenue on Ashburn Lake Road is a heavily used rail crossing with two sets of rail tracks. The overall alignment project will include introduction of gates at the crossing, which will be installed by NBM Railway as part of their planned crossing upgrades. A technology known as rail pre-emption to clear any traffic stuck on the wide rail crossing when a train approaches will be included as part of this contract. Both infrastructure installations will improve safety at this rail crossing. The introduction of gates will eliminate a significant Capital cost hurdle in allowing train whistles to be stopped at this rail crossing. The importance of improving rail crossing safety and quality of life (i.e. noise reduction from whistles) is becoming more important as area industrial activities grow. Supporting Tax Base Growth — Alignment these two intersections is part of a larger transportation plan required to support the existing development as well as the continued build out of the East Point shopping centre. Continued taxbase growth in the area will generate even more traffic that could only be supported by addressing the issue of operational inefficiencies of the two adjacent intersections. At East Point alone, millions of dollars of additional assessment growth, leading to more revenues for the City, are planned. A single aligned intersection supports the current and future planned taxbase growth. Supporting Existing Area Businesses —The two existing intersections are reaching their ability to handle more vehicular traffic with multiple legs of these intersections at, or at the limits of, a failing level of service. Afailing level of service experienced at these intersections means delay time is exceeding what motorists would tolerate. Motorists avoiding the area given the excess delay translates into avoidance of local businesses. A single aligned intersection will result in decreased wait time for motorists navigating the area, supporting access to existing businesses. C:�:3 -5- Supporting Increase in Housing Stock — It has been well documented that constructing more housing stock is one of the solutions required to address the housing crisis. The proposed residential units at East Point cannot be fully realized without the alignment project. SERVICEAND FINANCIAL OUTCOMES The existing intersections at Rothesay Avenue/Retail Drive and Rothesay Avenue/Ashburn Lake Road are reaching their ability to handle more vehicular traffic. Multiple legs of these adjacent intersections are at, or at the limits of, a failing level of service. Realigning these intersections into a single intersection will overcome the operational inefficiencies of having two signalized intersections only 60 metres apart on busy arterial and collector streets. The single signalized intersection will also improve access for all users of the transportation infrastructure with the inclusion of crosswalks complete with audible pedestrian systems, proper access ramps and tactile warning system indicators. In addition, the traffic lights in the new intersection will be coordinated with the railway signals on the adjacent crossing, improving the safety of this crossing. The alignment project will result in one existing signalized intersection being eliminated. It is recognized in industry that a signalized intersection results in approximately $10,000 in annual maintenance costs, which will be saved with this project. Additional City resources have also been spent since approximately 2008 attempting to overcome the poor design of the two adjacent intersections, further such spending will be eliminated with the alignment project. It should be noted that the realignment of Retail Drive will result in the removal of a current driveway access onto Retail Drive from the property located at #514 Rothesay Avenue. At the conclusion of this project, this property will only have access via Rothesay Avenue. Although this will result in the elimination of "cut through" traffic between Retail Drive and Rothesay Avenue across this property, which has been an issue for the property owner, the owner has expressed concerns about the loss of the Retail Drive access. Staff have been in consultation with the property owner on steps that may be taken to mitigate the loss of this access. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS This report was reviewed by the Finance, Growth and Community Services and Public Works and Transportation Departments. The tendering process for this project was completed in accordance with the City's Strategic Procurement Policy and Supply Chain Management supports the recommendation being put forth. Staff consulted with the Saint John Ability Advisory Committee on the planned work at the Rothesay Avenue/Retail Drive/Ashburn Lake Road intersection. Staff have also consulted with the owner of #514 Rothesay Avenue. C:1%] -6- A Public Information Session for this project will be held following tender award. ATTACHMENTS N/A COMMON COUNCIL REPORT M&C No. 2024-270 Report Date October 08, 2024 Meeting Date October 15, 2024 Service Area Strategic Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT. Mobile Voice and Data Services — Contract Award AUTHORIZATION Primary Author Commissioner/Dept. Head Chief Administrative Officer S. Rackley-Roach Kevin Fudge J. Brent McGovern RECOMMENDATION That the City enter into an Amendment ("Amendment") to Master Enterprise Customer Agreement in the form as attached to M&C No. 2024-270 with Rogers Communications Canada Inc. ("Rogers") for the purpose of providing mobile voice and data services to the City, for a 2-year contract with an option for four (4) 1- year extensions at the City's discretion, for an overall maximum of six (6) years, and that the Mayor and Clerk be authorized to execute the said Amendment and any document ancillary thereto or necessary to effect the transaction. EXECUTIVE SUMMARY The City relies on mobility voice and data services to support communications in the delivery of cost-effective services to our citizens. With the expiry of the voice and data agreement and a need to replace end -of -life mobile device assets, the City issued a Request for Proposals (RFP) for voice and data services. Through an evaluation process, the successful proponent was determined to be Rogers Communications Canada Inc. ("Rogers"). Costs have been estimated over the 2- year contract and the four optional years. The estimated cost of replacing approximately 394 end -of -life mobile phone devices is $200,835 +HST. Voice and data service costs, including subsidization of asset purchases, for the City's inventory of approximately 650 devices is projected to be $634,760 +HST. Total costs for the aggregate 6-year life of the contract are approximately $835,595 +HST and does not include any projections on data usage that exceeds the City's pooled limit, the replacement of lost or damaged assets, new assets added to the City's inventory, vendor price changes as new device models are launched, travel or roaming packages, or other usage charges. 71 -2- PREVIOUS RESOLUTION RESOLVED October 13, 2020: That as recommended by the City Manager in the submitted report M&C 2020-227: Mobility Service Provider — Contract Award, Common Council approve the following: 1. That the City enter into a three (3) year term Enterprise Agreement with Rogers Communications Canada Inc. for the provision of mobility services, which includes voice and data services, and the supply of related mobile devices such as phones, tablets, modems, and Push -to - talk (PTT) devices (as submitted), and 2. That the Mayor and Common Clerk be authorized to execute the submitted Enterprise Agreement. REPORT In 2020, the City entered into a three (3) year mobility services contract with Rogers Communications Canada Inc. ("Rogers"). The agreement expired in September 2023, although service continued to be provided to the City on a month -to -month basis at the rates under the expired contract until a new agreement was in place. The City and its Commissions use many mobility devices and a number of mobility services to deliver services to the public. The City has a current inventory of approximately 650 devices including mobile phones, iPads, tablets, hotspot devices (being phased out in 2025 with Wi-Fi access), air cards, and other communications devices that are purchased outright. They are used to collaborate on projects, collect data, and deliver services. In many areas of the City, the flexibility of mobility devices allows for remote work and better communication among employees, customers, vendors and other stakeholders. As an example, the Saint John Water team can view the health of the water supply and wastewater treatment systems from anywhere. They also use mobile devices to collect data for water billing. Historically the City has leveraged the Government of New Brunswick supply agreements for voice and data services. The Province has yet to renew a contract for these services. With the need to replace end -of -life mobile phones that are no longer supported by the vendor, the City issued a Request for Proposals (RFP) for voice and data services, with the ability to procure mobile phones through a new agreement. STRATEGIC ALIGNMENT The recommendation aligns with Council's priority to Perform, ensuring technology is used to streamline work processes and service delivery. -3- SERVICEAND FINANCIAL OUTCOMES Between the City and the Police Commission, there are approximately 394 mobile phones that need to be replaced over the life of the contract. Replacement is planned based on a four-year life cycle, with 161 cell phones needing immediate replacement as they are no longer supported. An additional 171 cell phones will be replaced in 2025 and 2026 due to the age of the assets. Based on a four-year life cycle, these phones will be replaced two times over the aggregate life of the contract. The estimated cost of hardware replacement is $200,835 + HST. Of the current inventory, approximately 95 devices will be removed with a new Push to Talk (PTT) solution being implemented to facilitate communication among employees in Public Works and Transportation. The cost associated with voice and data services and subsidization costs for purchase of cell phones is approximately $634,760 +HST. This includes voice and data service for the remaining inventory of approximately 555 mobile devices. All mobile devices will be onboarded to the City's mobile device manager for security and monitoring. This allows the Information Technology (IT) team to disable service or track lost devices when the need arises. It also manages what applications the user can access on their devices ensuring they are safe and promote compliance with the City's Acceptable Use Policy. The City's IT team will manage this process internally with no additional costs related to managed services. Costs for mobile devices are estimated based on the current inventory and do not reflect variable costs such as data usage that exceeds the City's pooled limit, the replacement of lost or damaged assets, or new assets added to the City's inventory. The estimate for the replacement of devices is based on Rogers current pricing for the iPhone 13 and 14 models. As new models of products are launched and advancement in technology occurs, the cost of replacement will change. Projected costs also do not include any travel or roaming packages or other usage charges. Service costs for data and voice will remain stable and in line with the tables outlined in the attached agreement over the aggregate six -year life of the contract. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Supply Chain Management facilitated the Request for Proposal (RFP) process to solicit proposals for Mobile Voice and Data Services. As such the RFP closed on Wednesday, July 17, 2024, with the following companies responding by submitting proposals: rX -4- • Bell Mobility Inc. • Bragg Communications Incorporated, operating as Eastlink • Evvo Inc. • Rogers Communications Canada Inc. • TELUS Communications Inc. A review committee, consisting of team members from Supply Chain Management, Information Technology, Finance, and the Police Commission reviewed the submissions for completeness and compliance with the RFP requirements and selection criteria consisting of the following: 1. Quality and Completeness 2. Specifications Requirement and Security Standards 3. Service Support, Added Value and Self -Report on Requirements 4. Financial Proposal The proposal submitted by Rogers Communications Canada Inc. was ranked highest by the evaluation committee and met all the requirements set forth in the RFP. The above process is in accordance with the City's Procurement Policy and Supply Chain Management supports the recommendation being put forth. The City's General Council Office reviewed the attached agreement. ATTACHMENTS Rogers: Amendment to the Master Enterprise Customer Agreement rL! TO MASTER ROG E RS. AMENDMENT CUSTOMER � ENTERPRISE CUSTOMER AGREEMENT 1. This Amendment dated as of October 9, 2024 between Rogers Communications Canada Inc. ("Rogers") and City of Saint John (the "Customer") forms part of the Master Enterprise Customer Agreement entered into between the Customer and Rogers on or about October 21, 2020 as may have been previously amended (the "Agreement"), pursuant to which the parties agreed to the terms and conditions under which Rogers would provide certain Services to the Customer. 2. To the extent that the terms of the Agreement are in conflict with the terms and conditions of this Amendment, the terms and conditions of this Amendment shall govern. Where applicable, the defined terms in the Agreement shall have the same meaning in this Amendment. 3. By this Amendment, the Schedule(s) and Product Quotation attached to the Agreement related to the Services that are the subject matter of this Amendment are hereby deleted and replaced by the Schedule(s) and Product Quotation attached hereto. 4. This Amendment amends the Agreement as stated above, which Agreement otherwise continues in full force and effect in all respects. The following individual is hereby identified by the Customer as the primary Customer contact for the purposes of authorizing activity or changes on the Customer's account: Business Authorized User Name Sarah Ranson Business Authorized User Email sarah.ranson@saintjohn.ca The parties hereto have caused this Amendment to be executed by their duly authorized representatives. City of Saint John Per: Name: Title: Signature Date: City of Saint John Rogers Communications Canada Inc. Per: Name: Title: Signature Date: Rogers Communications Canada Inc. Per: Per: Name: Name: Title: Title: Signature Date: Signature Date: Agreement* 00628510.0 Page 1 of 22 Version: V:20221111 © 2022 Rogers Communications 75 Schedule Rogers Business Wireless Plan v2 This Schedule sets out provisions with respect to the Customer's subscription to the Services described herein as provided by Rogers Communications Canada Inc. ("Rogers"), details of which are stipulated in the Product Quotation. This Schedule is an attachment to and forms an integral part of the Customer's Master Enterprise Customer Agreement (the "Agreement") with Rogers. The Customer agrees to be bound by the terms and conditions set out in the Agreement, which include without limitation this attachment and any other attachments to the Agreement. Capitalized terms used but not defined herein shall have the meanings ascribed to them in the Agreement. 1. Description. 1.1. The Rogers Business Wireless Plan with Metered Data is available in the following formats: i) Bring Your Own Device (BYOD) ii) Subsidized Plans iii) Device Finance Plans Plan details are stipulated in the Product Quotation. Table 1: Rogers Business Wireless Plan v2 with Metered Data, included features and add-ons 1.0 Wireless Essentials 2,500 Minutes of Call Forwarding per month(3), Call Display with Name Display, Enhanced Voicemail, Call Waiting, Conference Calling, Detailed Billing, VoLTEN (Voice over LTE) and Wi-Fi Calling for iOS and Android devices. Enhanced Voicemail and Visual Voicemail (on applicable devices) Rogers LTE Network(')Iz> N/A Rogers LTE Network Rogers 5G Network(2) N/A Rogers 5G Network Local Calling Unlimited Long Distance Calling Unlimited Canada Wide Calling Pay -per -use International long Unlimited North American Calling (within Canada and United States) distance rates vary per country. Please visit Pay -per -use International long-distance rates vary per country. Please visit http://www.roaers.com/web/contenUaddons for more information http://www.rogers.com /web/contentladdons for more information SMS/MMS Unlimited Canada Wide SMS/MMS Unlimited within Canada and to United States and International SMS/MMS Pay -per -use SMS rates within messaging other destinations vary per Pay -per -use SMS rates within International destinations vary per country. Please visit country: http://www.rogers.com/ www.roaers/com/web/contentiadd-ons for more information. weblcontent/add-ons visit for more information Roaming Plan (see Optional See Table 3 Agreement #: 00628510.0 Version: V:20221111 Page 2 of 22 O 2022 Rogers Communications 01.1 Add-Ons for Alternatives) Data Pooling/Sharing Overage NIA Pooled Plan Data Overage Charge = $0.02 / MB Non -Pooled Plan Data Overage Rates Charge = $51500MB 411 Charges $4.25 per call, plus airtime (subject to change without notice) Administrative Fees See Table 4 Additional Options (prices subject to change) Voicemail4o-Text Add -On $4/1-ine plus voicemail charges. where applicable (per month) International Long- Distance Saver Add -On (per month) $5/Line plus usage charges with Preferred Rates Premium Device Protection for For monthly costs, service description and additional terms and conditions please visit Android I Premium Device Protection for Apple featuring AppleCare Services https:llwww.raters.comlbusinesslwirelessladd-onsldevice protection (1) Must be using a 5G enabled device. SIM. price plan and features. Subject to 5G network coverage (2) Rogers Wireless Network access and speed varies by geographic location (3) Additional Call Forwarding minutes $010 per minute (4) Not applicable for Voice Only Lines 1.2. Data Only Price Plans. The standard inclusions of each of the Data Only Plan price plans are described in Table 2 below. Plan details are stipulated in the Product Quotation. Table 2: Data Only Price Plans Included Features Rogers 5G Speed Add -On Included Rogers LTE Network(1) Rogers LTE Network Rogers 5G Network(t)(2) Rogers 5G Network Domestic Data Pooling $0.02/MB Overage (per MB) Domestic Data Overage $5 per 500 MB (non -pooled) Administrative Fees See Table 4 (1) Rogers Wireless Network access and speed vanes by geographic location (2) Must using a 5G enabled device, SIM, price plan and features Subject to 5G network coverage 1.3. Rogers Business Wireless Plan v2 Canada — Additional Roaming Options. The features of the additional roaming options are described in Table 3 below. In the case of any discrepancy between the standard inclusion pricing and details set out below and the pricing and details in the Product Quotation, the pricing and details in the Product Quotation will govern. Table 3: Additional Roaminq Options Roam Like Home Agreement #: 00628510.0 Page 3 of 22 Version: V:20221111 © 2022 Rogers Communications 77 See Product Quotation Individual Flex Roaming •. • Canada — US - Mexico Plan: Voice Unlimited Voice Minutes in Canada & US Overage Rate: N/A Canada — US — Mexico Plan: Data Inclusive data up to the total poolable data available within Overage Rate: Draws from domestic data plan the ban Canada — US - Mexico Plan: SMS Unlimited SMS to all International destinations including US Overage Rate: N/A Roam -Like -Home available for International destinations outside of US for $15 per day on the Canada — US Plan Individual Flex Roaming •. . Inclusions L • .= United States: Voice Individual Add -on (only available for customers with Static $20 — Unlimited Voice Minutes Overage Rate: N/A I service(') $0:0-2MB United States: Data Individual Add -on (only available for customers with Static $25: 3 MB — 250 MB Overage Rate: $50 / 1 GB I service(3) $50: 251 MB —1 GB $0: 0 SMS United States: SMS Individual Bucket (only available for customers with Static Overage Rate: N/A I service(3) $5 — Unlimited SMS Zone 2: Voice Individual Add -on $0: 0 Minutes Overage Rate: $401100 Min $40: 1 —100 Minutes Zone 2: Data Individual Add -on $0: 0 — 2 MB $40: 3 — 300 MB Overage Rate: $60 / 600 MB $60: 301— 600 MB $0: 0 Minutes Zone 3: Voice Individual Add -on Overage Rate: $40 / 50 Min $40: 1— 50 Minutes $0:0-2MB Zone 3: Data Individual Add -on Overage Rate: $40 / 50 MB $40: 3 — 50 MB $0: 0 Minutes Zone 4: Voice Individual Add -on Overage Rate: $50 / 25 Min $50: 1-25 Minutes $0:0-2MB Zone 4: Data Individual Add -on Overage Rate: $65 / 25 MB $65: 3 — 25 MB Zone 2, 3 and 4: SMS Individual Add -on $0: 0 SMS Overage Rate: $10 1500 SMS Agreement* 00628510.0 Version: V:20221111 Page 4 of 22 © 2022 Rogers Communications N-11 $10: 1— 500 SMS Administrative Fees See Table 4 (1) All Roaming Options are subject to change without prior notice. (2) Individual data add-ons include two (2) free MB of data at $0 to account for any accidental roaming that may occur (3) Static IP is a solution that combines a Public Access Point Name (APN) with Static IP addresses for companies requiring a permanent I P address on their data devices (4) Any voice or SMS roaming on a Data Only Plan 1 Mobile Internet Plan will result in pay -per -use overages. Please visit https.nwww.rogers comtweb/content/addons#ttravei to find the applicable rates based on country of travel 1.4. Administrative Fees. The Administrative Fees are described in Table 4 below. In the case of any discrepancy between the fees and details set out below and the fees and details in the Product Quotation, the fees and details in the Product Quotation shall govern. Table 4: Administrative Fees 0) Description Set-up Service Fee Fees $70 per new Line activation Hardware Upgrade Fee $10 per Line upgraded Deactivation Fee $50 per Line cancellation Transfer of Responsibility $50 per Line transfer Telephone Number Change $50 per Line change ) Administrative Fees are subject to change without notice 1.5. Extended Coverage. Extended Coverage provides mobile connectivity in specific areas within Canada outside of the Rogers network. If Customer has access to Extended Coverage, it is intended for occasional use only. While using Extended Coverage, certain services or features are not available or have limited or reduced functionality. For details, please visit rogers.com/extendedcoverage. Where Rogers identifies that the Customer's usage while utilizing Extended Coverage is excessive (talk, messaging and data), Rogers reserves the right to charge the Customer a reasonable fee for such excessive usage, or, alternatively, to throttle, restrict or limit such Customer's end -user from utilizing Extended Coverage going forward. A Customer's Rogers Device will always connect to the Rogers Wireless Network if it's available. Once a Customer end -user has left the Rogers Wireless Network and has entered an Extended Coverage area, the end -user's Device will automatically connect to Extended Coverage. If the Customer end -user is on a call when they enter an Extended Coverage area, the call will drop. Once EXT appears on the end -user's Device screen, they can call back to complete their call. A few enhanced features may not be available while in an Extended Coverage area, including: i) Call Display / Name Display ii) 4-1-1 Directory Assistance Call Completion iii) Pound numbers (#) and short codes iv) N-1-1 codes: v) 2-1-1 Community Information vi) 3-1-1 Non -Emergency Municipal Government vii) 5-1-1 Weather & Traveler Information viii) 7-1-1 Access to Message Relay Service (MRS) by the deaf ix) 8-1-1 Non -urgent Health Teletriage Services Please note that Rogers and its roaming partners may, without notice, change geographical coverage areas. Rogers is not liable to the Customer for any loss suffered as a result of any disruptions or outages to Extended Coverage, or as a result of any changes to Extended Coverage areas Agreement #: 00628510.0 Version: V:20221111 0611 Page 5 of 22 © 2022 Rogers Communications 1.6. Wi-Fi Calling. Wi-Fi Calling enables the Customer end -user to use a compatible Rogers Device to make and receive phone calls, and send and receive messages, over a Wi-Fi Network. This means the Customer end -user would still be able to call and text even in areas where the Rogers Wireless Network coverage is limited, such as office buildings, factories and plants, as long as the device is configured to use a Wi-Fi connection. The end -user needs to enable Wi-Fi Calling on their compatible Rogers Device, accepting the Terms & Conditions and registering an emergency 9-1-1 address for emergency calls. There is no additional fee to use this feature and, in most cases, when Wi-Fi Calling is enabled and the end -user has access to both Wi-Fi Calling and a mobile network, the device will automatically default to use Wi-Fi Calling. This applies both when the end -user is within Canada and when roaming outside of Canada. A list of eligible devices and more details about this feature are available at www.rogers.com/wificallinc If the Customer end -user uses Wi-Fi Calling while outside of Canada, the following will be deducted from the wireless plan without incurring any long distance or roaming charges: i) Incoming calls and text messages received from anywhere in the world. ii) Outgoing calls and text messages made or sent to a Canadian number Roaming and/or long distance charges will vary depending on the roaming option the Customer has on the account. If the Customer has Roam Like Home, outgoing Wi-Fi Calling calls or text messages made to a non -Canadian number will trigger the Roam Like Home daily charge. If the end -user has already incurred this charge, then all outgoing Wi-Fi Calling calls, and text messages made or sent during the period for which the charge was incurred will be covered under the initial Roam Like Home charge. If the Customer has Flex Roaming, all outgoing Wi-Fi Calling calls and text messages to a non -Canadian number will be deducted from the tiers according to the country Zone. If the end -user exceeds the limit on a specific tier, overage rates outlined in the agreement will apply. 1.7.1. IMPORTANT: WI-FI CALLING HAS DIFFERENCES AND UNIQUE LIMITATIONS OF 9-1-1 EMERGENCY SERVICES. PLEASE REVIEW ALL LIMITATIONS ON YOUR DEVICE WHEN YOU ENABLE THE FEATURE PRIOR TO ACTIVATION. IF YOU DO NOT AGREE, DO NOT ENABLE THE FEATURE. To learn more, please visit www.rogers.com/911. By using Wi-Fi Calling, the Customer acknowledges and agrees to the information in this section regarding the limitations of using Wi-Fi Calling for dialing 9-1-1. If the Customer is not comfortable with these limitations, Rogers recommends not using Wi-Fi Calling, or consider an alternate means for accessing traditional 9-1-1 emergency services. Rogers recommends that the user keep an alternative phone service handy to increase the reliability of access to emergency services during any service interruption. Note: Wi- Fi Calling cannot support emergency calls made outside of Canada or the United States. The user of Wi-Fi Calling must ensure they are connected to a mobile network when attempting to make an emergency call outside of Canada or the United States to be routed to the nearest emergency services. The Customer agrees to inform all Customer employees or users who activate Wi-Fi Calling on the device of the following limitations and requirements. 1.7.2. 9-1-1 Emergency Address. When Wi-Fi Calling is first activated, the user will be asked to provide the full address for their most likely location (your "9-1-1 Emergency Address"). Each user may only register one (1) 9-1-1 Emergency Address and it must be a location in Canada or the United States. If a U.S address is entered, it must not be used for more than six (6) months of any given calendar year. If the Customer's user(s) fail to comply with this requirement or Rogers suspects the Customer or its users have provided false, inaccurate or incomplete location information, Rogers has the right to restrict the Customer's user(s) current and/or future ability to access Wi-Fi Calling. Rogers will not, however, disable the ability to place a 9-1-1 call during any such restriction. 1.7.3. Placing 9-1-1 Calls. If a Customer user dials 9-1-1 from a traditional wireless Device, the call will attempt to route over the mobile network, to the proper Public Safety Answering Point ("PSAP") based on the location the call is placed from. If a Customer user dials 9-1-1 while using Wi-Fi Calling, the call will try to route over the cellular network if such network is available to complete the call as a Wireless E9-1-1 call, providing a more enhanced 9-1-1 service. When the cellular network is unavailable, the call routes to a specialized emergency call centre that will transfer the call to the correct PSAP by using the 9-1-1 Emergency Address specified by the Customer user or based on the location the Customer user has provided to the 9-1-1 operator. The Customer user must immediately inform the 9-1-1 operator of their Agreement #: 00628510.0 Page 6 of 22 Version: V:20221111 C 2022 Rogers Communications 80 location (or the location of the emergency, if different) if they are able to do so. It is important that the Customer user does not hang up unless directly told to do so, and if disconnected, immediately dials 9-1-1 again. The Customer user should also be prepared to provide their call-back number to the 9-1-1 operator. If a Customer user dials 9-1-1 and the connection is lost, the call to 9-1-1 will drop and the specialized emergency call centre and/or PSAP may not have any method of re -connecting with the caller. If this occurs, the Customer user must dial 9-1-1 again. If the Customer user disables the cellular radio on their mobile device, they may be prompted to enable the cellular signal to complete the 9-1-1 call. The option to enable the cellular radio to complete a 9-1-1 call as a wireless E9-1-1 call should always be selected. 1.7.4. Accuracy of 9-1-1 Information. The Customer agrees and must ensure that the Customer users agree to provide true, accurate, current and complete 9-1-1 Emergency Address and other information to Rogers and is responsible for maintaining and updating the 9-1-1 Emergency Address associated with their Device. If the Customer user does not update their 9-1-1 Emergency Address and does not correctly identify the location of the emergency, 9-1-1 calls made using Wi-Fi Calling, will be routed based on the previously provided 9-1-1 Emergency Address and therefore may be routed to the incorrect PSAP for the emergency location. If the Customer user is unable to speak, the dispatcher may not be able to locate the caller if the Customer user has failed to update their 9-1-1 Emergency Address. The Customer user(s) may update their 9-1-1 Emergency Address in the settings section of their Device. During certain periods, updates to the 9-1-1 Emergency Address may not be reflected instantly (e.g., during IT maintenance periods). When the Customer user registers or updates their 9-1-1 Emergency Address, it will be validated for accuracy through a Canada Post and PSAP validation service. If the validation service is not able to recognize the proposed 9-1-1 Emergency Address the Customer user provided, the Customer user will be provided with a recommendation for correction of the 9-1-1 Emergency Address. If the Customer user chooses to override the recommendation, their 9-1-1 Emergency Address may not be properly validated and updated. Therefore, in the event of an emergency, it is important that a Customer user immediately inform the 9-1-1 operator of the location they are calling from (or the location of the emergency, if different). It is strongly encouraged that each Customer user always have an alternate means of accessing 9-1-1. 1.7.5. Connection Time and Technical Difficulties. For technical reasons, a 9-1-1 call may produce a busy signal or take longer to answer as compared to traditional 9-1-1 calls. The 9-1-1 service will not function if the internet access point and underlying Wi-Fi network is not configured correctly, does not have the bandwidth to carry a call, or if the Wi-Fi Calling feature is not functioning for any reason, including but not limited to, power outage, Wi-Fi or broadband service outage or suspension, network or internet congestion or disconnection, mobile network outage or service disconnection due to billing issues or breach of the Agreement. 1.7.6. Features Not Available for 9-1-1 Wi-Fi Calling. The following features will not be available for 9-1-1 Wi-Fi Calling: Call Transfer (a Customer user cannot transfer a 9-1-1 call or transfer another call to 9-1-1); Conference Call (a 9-1-1 call cannot be included in a conference call); and Call Forwarding (a Customer user cannot forward calls to 9- 1-1). In addition, a Customer user will not be able to put a 9-1-1 call on hold. T9-1-1 Service is not available for 9-1-1 Wi-Fi Calling (a Customer user cannot communicate with 9-1-1 operators via text message for deaf, hard of hearing or speech impaired users). 1.7.7. Limitation of Liability. Rogers and its service providers disclaim all responsibility for the conduct of PSAPs, all other third parties involved in the provision of emergency response services and any technical difficulties associated with the functioning of the 9-1-1 service. Rogers and its service providers do not have any control over PSAPs and are therefore not responsible for whether they answer 9-1-1 calls made using Wi-Fi Calling, how they answer these calls, or how they handle these calls. Rogers and its service providers rely on third parties to assist in the provision of 9-1-1 services and disclaim any and all liability for acts or omissions by third parties in the provision of 9-1-1 services. Neither Rogers nor its service providers, officers or employees may be held liable for any claim, damage, or loss (including, without limitation, legal fees) by, or on behalf of, you or any third -party user of Rogers' 9-1-1 dialing capability. 1.8. Rogers Business Self -Serve. Rogers for Business Self -Serve ("BSS") is a secure and integrated online billing, payment, self -serve and reporting system. It includes monthly billing information for the Customer's Agreement* 00628510.0 Page 7 of 22 Version: V:20221111 C 2022 Rogers Communications 81 wireless services provided by Rogers, as well as permitting the Customer to automatically generate reports on a wide range of wireless services (voice, data, SMS) provided by Rogers. BSS is a versatile web -based tool that is available at no charge to the Customer when Rogers for Business Wireless Plans are purchased. BSS offers the Customer features including the ability to make a payment, manage users and create groups, grant and manage access to BSS, and perform self -serve transactions, such as change subscriber name or SIM card and more, to manage wireless services provided by Rogers. 1.9. Split Billing. Split Billing may be provided for an additional monthly fee, as set out in the Product Quotation, under the following conditions: (i) Customer must direct Rogers on the split ratio of monthly service fee, specifying what amount is to be charged to Customer and what amount is to be charged to the applicable department(s) and/or End User(s); (ii) Customer must provide the contact details (name, telephone number, address, etc.) for the departments and/or End Users who will be paying for their portion of the split bill; (iii) Rogers receives a valid credit card for the End Users' portion of the split bill, as applicable, for payment of the End Users' portion of the monthly service fee on the applicable Line and any incidental usage -based charges; (iv) Customer agrees that Customer is ultimately responsible for all charges on the account and that any charges that are split with a Department or End User that are not paid by their due date will be transferred up to the Customer's account; (v) split billing only takes effect the next billing cycle following activation; (vi) any Line that has had charges transferred to the Customer due to non- payment more than one time will be lose their split billing privileges and 100% of all subsequent charges will be on the Customer's account. 2. Terms and Conditions. 2.1. Pricing Eligibility. Where the Customer is migrating to the Rogers Business Wireless Plans from another Rogers' wireless price plan, the Rogers Business Wireless Plans pricing will take effect on the first day of the Customer's next wireless billing cycle, unless otherwise indicated by Rogers, and any previously existing Customer price plans will be deleted and replaced in their entirety by the price plans of the Rogers Business Wireless Plans. Where the Rogers Business Wireless Plans pricing set out on the Product Quotation includes pricing elements that must be customized on Rogers' billing system prior to the Customer's Lines being able to migrate or activate on such customized pricing, the Service Effective Date for the Rogers Business Wireless Plans shall be the date on which Rogers notifies the Customer that such customized pricing is available. Unless otherwise set out in the Product Quotation, the Customer will not be eligible for any retroactive credit representing the difference between the Customer's previous pricing for their wireless services and the new Rogers Business Wireless Plans pricing. 2.2. Committed Number of Lines. The Customer has ninety (90) days from the date the pricing set out above is available to be loaded on the Customer's Lines (the "Commitment Date") to activate the Committed Number of Lines, as set out in the Customer's Product Quotation. If (A) the Committed Number of Lines is not met by the Commitment Date, or (B) the activated number of Lines falls below the Committed Number of Lines (or any sub -commitment) at any time after the Commitment Date; then the pricing set forth above and in the Product Quotation shall be subject to change at Rogers' sole discretion 2.3. Discount Eligibility. Where the Customer's pricing for Rogers Business Wireless Plan Services has been discounted, as reflected in the Product Quotation, such discounting is subject to the Customer meeting the Minimum Number of Lines and attaining the Committed Number of Lines (as set out in the Product Quotation) by the Commitment Date and maintaining the Committed Number Lines for the duration of the Service Term for Rogers Business Wireless Plan Services. In the event the Customer does not attain or maintain the Committed Number of Lines, Rogers reserves the right to remove any such discounting on the Customer's existing Lines and on any Lines subsequently activated by the Customer. 2.4. Ordering the Services. Services may from time to time be ordered by the Customer for use by any one or more officers or employees of the Customer (each an "Employee"), as applicable, by requesting to activate a Line. The activation of each new SIM card may be subject to a Set-up Service Fee, as set out in the Product Quotation. The Customer acknowledges and agrees that it shall be liable for all amounts owing to Rogers for Lines. To order Lines, the Customer shall have the applicable authorized person, as set forth on Agreement #: 00628510.0 Version: V:20221111 Page 8 of 22 © 2022 Rogers Communications E:3A the Customer's Rogers account details, submit to Rogers an activation request containing the information required by Rogers. 2.5. Termination Fee. A Termination Fee applies if Rogers provided an economic inducement when the Line Term was agreed to, and if the Line is terminated prior to the end of the Line Term. The Termination Fee is equal to the amount of the economic inducement multiplied by the number of months remaining in the Line Term at the time of termination divided by the total number of months of the Line Term (plus applicable taxes). In other words, Termination Fee = amount of economic inducement x # months left in the Line Term total # months in the Line Term + applicable taxes. The amount of the economic inducement is equal to the aggregated total of all credits provided (activation, conversion, renewal, or otherwise) and the Device Savings Recovery Fee (the "DSRF"), which is equal to the No Term Device Charge, less the amount the Customer paid for the Device at the time of activation. The parties acknowledge and agree that the Termination Fees are payable by the Customer when a Line is terminated prior to the end of the agreed upon Line Term as a genuine pre -estimate of liquidated damages and not as a penalty. Termination Fees are in addition to any applicable Administrative Fees. 2.6. Termination Fee Waiver. Unless otherwise stated, where an amount of Termination Fee waivers is set out in the Product Quotation, the Customer may deactivate such amount of Lines during the Initial Service Term, (excluding porting activity) without paying the Termination Fees or Deactivation Fee, provided that the number of active and eligible Lines at the time such deactivation is requested by the Customer are equal to or greater than the Committed Number of Lines. Where the Termination Fee waivers are expressed in the Product Quotation as a percentage, such percentage is based on the Committed Number of Lines for Voice Only and for Voice and Data combined, rounded down to the nearest whole number, and exclude any Committed Number of Lines for Data Only. 2.7. Devices. All Devices purchased from Rogers are covered by the hardware manufacturer's original warranty. Upon request, the Rogers sales team will provide the Customer with up-to-date warranty information for the hardware. The risk of loss or damage to any Device shall pass to the Customer upon receipt at the Customer's premises. Title to any Device purchased outright from Rogers or subsidized via Rogers' device subsidy program shall pass to the Customer upon receipt at the Customer's premises. Title to any Device purchased through a financing program will remain with Rogers and shall only pass to the Customer following full payment for the Device. Customer acknowledges that rights in respect of trademarks, trade names, copyrights, patents and other intellectual property rights connected with the Devices do not pass to Customer. 2.8. Hardware Fees. Where the Customer purchases a Device from Rogers and activates the Device on an unsubsidized Core Price Plan, the Customer will be charged the No Term Device Price then advertised at http://enterprise.rogers.com/en/products-plans/phones-devices, minus any promotional offers made by Rogers to the Customer at the time of purchase. Where eligible, the Customer may be able to finance the resulting Device balance through the Rogers Device Financing Program (see below for details). Where the Customer purchases a Device from Rogers and activates the Device on a subsidized Core Price Plan, the Customer will receive a subsidized discount associated with the applicable hardware subsidy tier. This fixed amount discount is subject to change by Rogers at any time, without notice to the Customer. 2.9. Rogers Device Financing Program. Where eligible, the Customer will have the option to finance a purchased Device through the Rogers Device Financing Program. This program allows the Customer to finance the Device cost (the No Term Device Price minus any promotional offers, plus applicable taxes) over a Device Financing Term, making equal monthly payments to Rogers until the Device balance is paid in full. The costs of financing (e.g., interest rate, PPSA registration costs, the amount financed) may be added to the purchase cost and will also be amortized over the Device Financing Term, such costs to be quoted to the Customer at the time of financing. Upon cancellation of the Line for any reason, including the Agreement* 00628510.0 Version: V:20221111 E:ic3 Page 9 of 22 © 2022 Rogers Communications migration of the Line to another customer, the remaining Device Financing Balance will become immediately payable. 2.10. Rogers Upfront Edge. Where eligible, the Customer will have the option to finance a Device, minus the Upfront Edge Amount (the "Upfront Edge Amount") through the Upfront Edge program. This program allows the Customer to finance the Device cost (the No Term Device Price minus the Upfront Edge Amount, any promotional offers, plus applicable taxes) over an Upfront Edge Term, making equal monthly payments to Rogers until the Device balance minus the Upfront Edge Amount is paid. The costs of financing (e.g., interest rate, PPSA registration costs, the amount financed) may be added to the purchase cost and will also be amortized over the Upfront Edge Term, such costs to be quoted to the Customer at the time of financing. At the end of the Service Term, the Customer may choose to return the Device to Rogers in good working condition with device locks (including Enterprise Mobility Management and Device Enrolment profiles) removed, or keep the Device and pay the remaining Upfront Edge Amount. Upon cancellation of the Line for any reason, including the migration of the Line to another customer, the remaining financing balance and Upfront Edge Amount will become immediately payable. 2.11. Early Hardware Upgrade. Unless otherwise stated in the Product Quotation, if a Line on a subsidized Core Price Plan chooses to upgrade its hardware Device prior to fulfilling its Line Term (but not before one month after the Device's activation), then a one-time charge for the applicable Line will apply for each month remaining in the applicable Line Term. This one-time charge is the amount of the DSRF remaining for the applicable Line Term, which will be calculated as follows: the DSRF divided by the number of months in the applicable Line Term, multiplied by the number of months remaining within the applicable Line Term. For example: $500.00 (DSRF) divided by 24 (number of months in the Line Term) _ $20.83. This amount is then multiplied by 9 months (length of time remaining in the Line Term) _ $187.50. Devices financed through the Rogers Device Financing Program are not eligible for an early hardware upgrade, so the Customer would be required to cancel the Device financing and pay the full Device Financing Balance, prior to being eligible to purchase or finance a new Device associated with a particular Line. In addition, each Line receiving a Hardware Upgrade may be subject to a Hardware Upgrade Fee, as set out in the Product Quotation. 2.12. Downgrade Fee. If the Customer chooses to downgrade a Line to a core price plan with a lower tier of hardware subsidy eligibility during the Line Term, then the Customer will be charged a one-time hardware downgrade fee. The downgrade fee is based on the difference between the DSRF at time of activation and the DSRF in the lower tier hardware category at the time the Device was activated. This downgrade fee will ultimately reduce the Termination Fees owed to Rogers. For example, if the DSRF received by the Customer at time of activation was $450 and the DSRF at time of activation in the lower tier hardware category would have been $300 then the difference between these two categories would be $150. If the Customer was 18 months into their 24-month Line Term, then the downgrade fee would be calculated as follows: $150 / 24 = $6.25 per month x 6 months remaining for a total of $37.50. This $37.50 would reduce the total Termination Fees by the same amount. 2.13. One -Time Activation Credit. The One -Time Activation Credit will be applied on net new activations of eligible Lines that occur within three (3) months of the Service Effective Date of the Rogers Business Wireless Plan Services, or such other Expiry Date as may be set out on the Product Quotation. In the event that the Customer terminates or suspends Services on a Line for which a One -Time Activation Credit was granted prior to the end of the Credit Recovery Period, Rogers reserves the right to recover a pro -rated portion of the One -Time Activation Credit, as part of any Termination Fees to which Rogers is entitled. The pro -rated amount will be calculated by dividing the One -Time Activation Credit amount by the number of months in the Credit Recovery Period, and then multiplying that amount by the number of months remaining in the Credit Recovery Period for the applicable Line at the time of termination/suspension. Agreement #: 00628510.0 Version: V:20221111 Page 10 of 22 C 2022 Rogers Communications E:1! One -Time Activation Credits cannot be applied to Corporately Reimbursed Lines, Individually Paid Lines or to Data Only Lines, unless otherwise set out in the Product Quotation. The amount of the One -Time Activation Credit quoted in the Product Quotation is after applicable taxes. 2.14. One -Time Renewal Credit. The One -Time Renewal Credit will be applied on renewals of eligible Lines that occur within twelve (12) months of the Effective Date of the Rogers Business Wireless Plan Services, or such other Expiry Date as may be set out on the Product Quotation. Lines are eligible for the One -Time Renewal Credit only if they have not received an activation, renewal or retention credit within the previous eighteen (18) months. In the event that the Customer terminates or suspends Services on a Line for which a One -Time Renewal Credit was granted prior to the end of the Credit Recovery Period, Rogers reserves the right to recover a pro -rated portion of the One -Time Renewal Credit, as part of any Termination Fees to which Rogers is entitled. The pro -rated amount will be calculated by dividing the One -Time Renewal Credit amount by the number of months in the Credit Recovery Period, and then multiplying that amount by the number of months remaining in the Credit Recovery Period for the applicable Line at the time of termination/suspension. One -Time Renewal Credits cannot be applied to Corporately Reimbursed Lines, Individually Paid Lines, or to Data Only Lines, unless otherwise set out in the Product Quotation. The amount of the One -Time Renewal Credit quoted in the Product Quotation is after applicable taxes. 2.15. Roaming. In destinations other than Roam Like Home Destinations, Individual Flex Roaming options can be purchased by the Customer for use. There is no cap on the number of days in a month that a Line may be charged for the Roam Like Home Destinations daily charge. All other Wireless Business Plans are available with either Individual or Shared Flex Roaming Plan options. When roaming outside of the Rogers network, certain network services may not be available, such as: Call Forwarding, Call Waiting, Call Display / Name Display, accidental roaming, etc. When roaming outside of Rogers' coverage area, Customer shall be responsible for all applicable charges and shall be subject to the terms and conditions of service imposed by the wireless service provider providing such roaming services in the area where roaming occurs (including limitations on liability). 2.16. Data Rounding and Rating. Actual billed rates for data usage may vary from those quoted as a result of, without limitation, rounding, minimum message length, and usage patterns. All usage is rounded up to the next highest increment (MB, minute, etc.). Customer agrees that, to the extent there is any dispute as to the amount of data transmitted to and from a Rogers SIM card in a particular period of time, then the amount of data transmitted as calculated by Rogers' systems and verified by the call detail records (CDRs) from such systems shall govern. 2.17. Data Pooling. For all Lines activated on Shared Pricing plan(s) eligible for pooling, smartphone data is pooled, giving the Customer access to draw data from the pool for a monthly fee, plus applicable overage charges. 2.18. Long Distance Rounding. Canadian, United States and International Long Distance will be charged in increments of sixty (60) seconds, rounded up to the nearest minute on a per call basis. 2.19. Additional Features. Additional service details and additional plans and features that the Customer may purchase from Rogers are set out at rogers.com/business, subject to certain eligibility requirements. The Customer's discount, if any, does not apply to these additional plans and features. 2.20. Rogers Facilities. The Services will be provided to Customer using the Rogers Wireless Network within the area that Rogers provides the Services (which area may be enlarged or reduced in scope from time to time by Rogers in its sole discretion). The Customer acknowledges that the geographic areas within which Rogers provides different Services may vary. Customer acknowledges and agrees that Rogers reserves the right in its discretion and without notice to Customer, from time to time to make changes in any aspect of the Rogers Wireless Network. Agreement* 00628510.0 Version: V:20221111 E:1'1 Pagel 1 of 22 © 2022 Rogers Communications Customer acknowledges that the Services are subject to transmission limitations caused by atmospheric or topographical conditions or equipment failures beyond the reasonable control of Rogers. The Services may be temporarily refused, interrupted or curtailed due to governmental regulations or orders, system capacity limitations or equipment modifications, upgrades, reallocations, repairs, maintenance and similar activities necessary for the proper operation of the Services. 2.21. Fair Usage Policy. To ensure the Customer enjoys optimal experience on the Rogers' network and abroad, Rogers has implemented a Fair Usage Policy. For domestic data usage and roaming data usage, this Fair Usage Policy specifies that if a Line utilizes more than the Data at Maximum Speed allocation for its applicable plan, Rogers will throttle the wireless data throughput for such Line to the speed levels specified in the applicable plan for both domestic and roaming data for the remainder of that billing month. In addition, the Customer may not use a Line associated with this Fair Usage Policy as a hub for other data -consuming devices not associated with the primary Line, nor otherwise use such Line in a way not typical of standard Voice and Data traffic consumption. If Rogers identifies any such non -intended usage, the Line will be migrated to a plan with appropriate data inclusions. 2.22. Limits on Rogers Liability for Emergency Services Provided on a Mandatory Basis. This section applies only to the provision of emergency services on a mandatory basis. For the purposes of this provision "Customer" means the Customer and its end users. In respect of the provision of emergency services on a mandatory basis, Rogers is not liable for: i) libel, slander, defamation or the infringement of copyright arising from material or messages transmitted over Rogers' network from Customer's property or premises or recorded by Customer Equipment or Rogers Equipment; ii) damages arising out of Customer's act, default, neglect or omission in the use or operation of equipment provided by Rogers; iii) damages arising out of the transmission of material or messages over the Rogers Wireless Network on Customer's behalf which is in any way unlawful; iv) any act, omission or negligence of other companies or telecommunications systems when their facilities are used in establishing connections to or from Customer's facilities and equipment. v) Furthermore, except in cases where negligence on Rogers part results in physical injury, death or damage to Customer's property or premises, Rogers' liability for negligence related to the provision of emergency services on a mandatory basis is limited to the greater of $20 and three times the amount (if any) Customer would otherwise be entitled to receive as a refund for the provision of defective service under the Agreement. However, Rogers' liability is not limited by this section in cases of deliberate fault, gross negligence or anti -competitive conduct on Rogers' part or in cases of breach of contract where the breach results from Rogers' gross negligence. 2.23. No Warranty. CUSTOMER ACKNOWLEDGES AND AGREES THAT THE SERVICES AND ALL DEVICES, OTHER ROGERS EQUIPMENT AND THIRD PARTY SERVICES ARE PROVIDED BY ROGERS "AS IS" AND "AS AVAILABLE" AND, TO THE EXTENT PERMITTED BY LAW, WITHOUT WARRANTY BY ROGERS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, INFRINGEMENT, OR THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ROGERS SHALL HAVE NO LIABILITY WHATSOEVER TO CUSTOMER FOR: (1) ANY INTERRUPTIONS OR DISRUPTIONS OF THE SERVICES, THE INTERNET OR THE THIRD PARTY SERVICES OR ANY OTHER DAMAGES SUFFERED BY CUSTOMER WHICH ARE CAUSED BY DIRECTLY OR INDIRECTLY BY ANY FAILURES OF THE DEVICES, OTHER ROGERS EQUIPMENT, THE SERVICES, THE ROGERS WIRELESS NETWORK, THE INTERNET OR THE THIRD PARTY SERVICES; (II) ANY POWER FAILURES; (III) ANY ACTS OR OMISSIONS OF CUSTOMER OR ITS OFFICERS, EMPLOYEES, AGENTS OR CONTRACTORS INCLUDING, WITHOUT LIMITATION, DEFAMATION OR COPYRIGHT INFRINGEMENT; (IV) ANY DISRUPTION OF ANY PART OF THE EQUIPMENT USED TO PROVIDE THE SERVICES BY PARTIES OTHER THAN ROGERS; (V) ANY INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS ARISING FROM OR IN CONNECTION WITH CUSTOMER'S USE OF THE DEVICES, OTHER ROGERS EQUIPMENT, THE SERVICES OR THE THIRD PARTY SERVICES; (VI) Agreement #: 00628510.0 Page 12 of 22 Version: V:20221111 © 2022 Rogers Communications 86 ANY EVENT OF FORCE MAJEURE, AS DESCRIBED IN THE AGREEMENT; OR (VII) ANY SUSPENSION OR TERMINATION OF THE SERVICES. FURTHER, TO THE EXTENT PERMITTED BY LAW, ROGERS DOES NOT WARRANT THE PERFORMANCE, AVAILABILITY, UNINTERRUPTED USE OF OR OPERATION OF THE INTERNET OR CUSTOMER'S CONNECTION TO THE INTERNET. ROGERS DOES NOT WARRANT THAT ANY DATA OR FILES SENT BY OR TO CUSTOMER (WHETHER BY E-MAIL OR OTHERWISE) WILL BE TRANSMITTED, TRANSMITTED IN UNCORRUPTED FORM, OR TRANSMITTED WITHIN A REASONABLE PERIOD OF TIME. Definitions. The following definitions are used in this Schedule. Any capitalized terms not defined below are defined in the Agreement. 3.1. "Administrative Fees" — As set out in Table 4 of this Schedule. 3.2. "Billing Account Number (BAN" — means a unique Rogers' wireless account number. 3.3. "Call Display / Name Display" — means the visual display of the incoming call's telephone number and incoming caller's name, where supported by the Device. Not all incoming telephone numbers or caller's name can be identified. 3.4. "Call Forwarding" — means a feature that allows calls made to the Customer's wireless number to be forwarded to another specified number. 3.5. "Call Waiting" — means a feature whereby a person making a wireless telephone call is notified of an incoming call and is able to place the first call on hold while answering the second. 3.6. "Canadian" — means wireless voice, data or SMS/MMS traffic both originating and terminating within Canada. 3.7. "Commitment Date" — as defined in Section 2.2 of this Schedule. 3.8. "Committed Number of Lines" — means the number of Lines (including, as applicable, any sub - commitment for voice only, data only, and voice and data combined Lines) set out in the Product Quotation for the Rogers Business Wireless Plan Services that the Customer is required to maintain in order to qualify for the pricing and discounts, if any, provided to the Customer. 3.9. "Conference Calling" — means a feature where a person making a wireless telephone call can add additional callers to the original two-way call. 3.10. "Credit Recovery Period" — means the period of time over which Rogers may recover the amortized portion of a One -Time Activation Credit or One -Time Renewal Credit. The Credit Recovery Period is set out on the Product Quotation. 3.11. "Deactivation Fee" — means a one-time fee charged upon the cancellation of a Line to cover administrative costs related to the deactivation, unless otherwise set out in the Product Quotation. 3.12. "Device" — means a wireless telephone or Smartphone, wireless messaging device, tablet, or other wireless devices that is authorized by Rogers for use on the Rogers Wireless Network. 3.13. "Device Financinq Balance" — means the amount of the original Device cost (minus any promotional offers, plus applicable taxes) that remains owing to Rogers at any particular time. 3.14. "Device Financing Term" — means the period of time over which the Customer agrees to repay the Device cost (minus any promotional offers, plus applicable taxes). 3.15. "Enhanced Voicemail" — means each enrolled Line has up to thirty-five (35) five-minute messages that can be saved for up to ten (10) days, as well as other advanced functions such as Call Return, Group List Distribution and Skip Password. 3.16. "Expiry Date" — means the date on which the Customer's eligibility for One -Time Activation Credits, One - Time Renewal Credits, or any other promotional offer made by Rogers to the Customer, expires. 3.17. "Hardware Upgrade Fee" — means a one-time fee charged when upgrading to a new device in order to cover administrative costs related to the upgrade. 3.18. "International" — means wireless voice, data or SMS/MMS traffic terminating to a country other than Canada or the United States. 3.19. "Lines " — means a Device activated on a Rogers' wireless price plan for which the Customer is financially and legally responsible 3.20. "Line Term" — means the period of time that the Customer commits to maintain the selected core price plan on a certain Line. The Line Term is determined by the Device subsidy selected by the Customer. Following the end of the Line Term for each Line, the Line Term shall continue on a month to month basis Agreement #: 00628510.0 Version: V:20221111 EMA Page 13 of 22 O 2022 Rogers Communications at the then -current pricing in effect for such Line, until terminated by either Rogers or the Customer. During any such month to month renewal of the Line Term, Rogers reserves the right to adjust the pricing for the applicable Line. 3.21. "Metered Data" — means any data service plan where the customer is required to pay a fee to consume data after a prescribed volume. 3.22. "MMS" — means Multimedia Messaging Service, or text messaging with enhanced features such as images, audio and video files within certain size limits. 3.23. "North American" — means wireless voice, data or SMS/MMS traffic terminating to Canada and the United States. 3.24. "No Term Device Charge" —means the advertised Device price described on Rogers.com, for a Device purchased on a monthly Line Term. 3.25. "Pooled" — means that the allocation of data is shared amongst the Customer's eligible Lines on a common Billing Account Number. 3.26. "Roam Like Home Destinations" — means Afghanistan, Aland Islands, Alaska, Albania, Algeria, Anguilla, Antigua And Barbuda, Argentina, Armenia, Aruba, Australia, Austria, Azerbaijan, Azores, Bahamas, Bangladesh, Barbados, Belarus, Belgium, Belize, Benin, Bermuda, Bolivia, Bonaire, Bosnia -Herzegovina, Botswana, Brazil, British Virgin Islands, Bulgaria, Burkina Faso, Cambodia, Cameroon, Canary Islands, Cayman Island, Central African Republic, Chile, China, Colombia, Congo (Democratic Republic of), Costa Rica, Crimea, Croatia, Cuba, Curacao, Cyprus, Czech Republic, Denmark, Dominica, Dominican Republic, Ecuador, Egypt, El Salvador, England, Estonia, Faroe Islands, Fiji, Finland, France, French Guiana, French Polynesia, Galapagos Islands, Georgia, Germany, Ghana, Gibraltar, Greece, Greenland, Grenada, Guadeloupe, Guatemala, Guernsey, Guinea Bissau, Guyana, Haiti, Hawaii, Honduras, Hong Kong, Hungary, Iceland, India, Indonesia, Iraq, Ireland, Isle of Man, Israel, Italy, Ivory Coast, Jamaica, Japan, Jersey, Jordan, Kazakhstan, Kenya, Kuwait, Kyrgyz Republic, Latvia, Liberia, Liechtenstein, Lithuania, Luxembourg, Macau, Macedonia, Madeira, Malaysia, Mali, Malta, Martinique, Mauritius, Mayotte, Mexico, Monaco, Mongolia, Montenegro, Montserrat, Morocco, Myanmar, Netherlands, New Zealand, Nicaragua, Niger, Nigeria, Northern Ireland, Norway, Oman, Pakistan, Panama, Papua New Guinea, Paraguay, Peru, Philippines, Poland, Portugal, Puerto Rico, Qatar, Reunion, Romania, Rwanda, Saba, San Marino, Saudi Arabia, Scotland, Senegal, Serbia, Singapore, Slovakia, Slovenia, South Africa, South Korea, Spain, Sri Lanka, St Barts, St Eustatius, St Kitts And Nevis, St Lucia, St Maarten, St Martin, St Vincent And The Grenadines, Suriname, Swaziland, Sweden, Switzerland, Tahiti, Taiwan, Tajikistan, Thailand, Tonga, Trinidad And Tobago, Tunisia, Turkey, Turks And Caicos, U.S. Virgin Islands, Uganda, Ukraine, United Arab Emirates, United States, Uruguay, Vanuatu, Vatican City, Venezuela, Vietnam, Wales, West Bank, Western Samoa, and Yemen. These Roam Like Home Destinations are subject to change by Rogers at any time without prior notice. 3.27. "Rogers Wireless Network" — means the Rogers -owned wireless transmission facilities. 3.28. "Set-up Service Fee" — means a one-time fee charged upon the activation of a new Line to cover administrative costs related to the activation. 3.29. "SIM card" — means the Rogers SIM (Subscriber Identity Module) card that allows the Customer to connect a Rogers' Device to the Rogers Wireless Network. 3.30. "SMS" — means Short Message Service, or text messaging. 3.31. "Telephone Number Change Fee" — means a one-time fee charged when requesting to change a telephone number to cover administrative costs related to the telephone number change 3.32. "Transfer of Responsibility Fee'— means a one-time fee charged when ownership of an existing telephone number is changed. This happens when a telephone number is transferred between two different customer accounts. The fee is charged to the account that initiated the request, and is applied for each telephone number transferred to cover administrative costs related to the transfer. 3.33. "United States" — means wireless voice, data or SMS/MMS traffic terminating (in the case of long distance) or originating and terminating (in the case of roaming) within the United States. 3.34. "Visual Voicemail" — means the Customer's users can manage their iPhone voicemail messages by reviewing them in a list on their Device and can listen to those voicemail messages in any order without having to dial a voicemail number. This service is also available for compatible Android and Blackberry devices. 3.35. "Voicemail to Text" — means a feature where Customers can get a text version of the voicemail messages in addition to the audio file. This feature requires that the Customer's voicemails be processed outside of Canada by a third party provider to Rogers. This feature is not compatible with iPhone Visual Voicemail. Agreement #: 00628510.0 Page 14 of 22 Version: V:20221111 © 2022 Rogers Communications 88 Device must support MMS messaging. This voicemail service uses data, but the Customer does not require a data plan to use the service. There are no charges when the customer is using Voicemail-to-Text in Canada. However, Data roaming charges will incur when roaming outside of Canada. 3.36. "Zone 2" — means Aland Islands, Albania, Andorra, Armenia, Austria, Belarus, Belgium, Bosnia - Herzegovina, Bulgaria, Canary Islands, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Faroe Islands, Finland, France, Germany, Gibraltar, Greece, Greenland, Guernsey, Hungary, Iceland, Ireland, Isle of Man, Italy, Jersey, Kosovo, Latvia, Liechtenstein, Lithuania, Luxembourg, Macedonia, Madeira, Malta, Moldova, Monaco, Montenegro, Netherlands, Norway, Poland, Portugal, Romania, San Marino, Serbia, Slovak Republic, Slovenia, Spain, St. Pierre & Miquelon, Sweden, Switzerland, Turkey, Ukraine, United Kingdom, Vatican City. The countries included in Zone 2 are subject to change by Rogers at any time without prior notice. 3.37. "Zone 2A" — means Anguilla, Antigua and Barbuda, Aruba, Australia, Bahamas, Barbados, Bermuda, British Virgin Islands, Bonaire, Cayman Islands, China, Curacao, Dominica, Dominican Republic, French Guiana, Grenada, Guadeloupe, Haiti, Hong Kong, India, Jamaica, Japan, Martinique, Mexico, Montserrat, New Zealand, Saba, South Korea, St. Bartelemy, St. Eustatius, St. Kitts and Nevis, St. Lucia, St. Maarten, St. Martin, St. Vincent and the Grenadines, Trinidad and Tobago, Turks and Caicos. The countries included in Zone 2A are subject to change by Rogers at any time without prior notice. 3.38. "Zone 3" — means Afghanistan, Argentina, Azerbaijan, Bahrain, Bangladesh, Belize, Bhutan, Bolivia, Brazil, Brunei Darussalam, Cambodia, Chile, Colombia, Cook Islands, Costa Rica, East Timor, Ecuador, El Salvador, Falkland Islands, Fiji, Galapagos Islands, Georgia, Guam, Guatemala, Guyana, Honduras, Indonesia, Iraq, Israel, Jordan, Kazakhstan, Kuwait, Kyrgyz Republic, Laos, Macau, Malaysia, Maldives, Mongolia, Myanmar, Nauru, Nepal, New Caledonia, Nicaragua, Northern Mariana Islands, Oman, Pakistan, Palestine, Panama, Papua New Guinea, Paraguay, Peru, Philippines, Qatar, Samoa, Saudi Arabia, Singapore, Sri Lanka, Suriname, Taiwan, Tajikistan, Thailand, Tonga, Turkmenistan, United Arab Emirates, Uruguay, Uzbekistan, Vanuatu, Venezuela, Vietnam, Yemen. The countries included in Zone 3 are subject to change by Rogers at any time without prior notice. 3.39. "Zone 4" — means Algeria, Angola, Benin, Botswana, Burkina Faso, Burundi, Cameroon, Cape Verde, Central African Republic, Chad, Comoros, Congo (Democratic Rep. of), Congo (Peoples Rep. of), Egypt, Equatorial Guinea, Ethiopia, Gabon, Gambia, Ghana, Guinea, Guinea Bissau, Ivory Coast, Kenya, Lesotho, Liberia, Libya, Madagascar, Malawi, Mali, Mauritania, Mauritius, Mayotte, Morocco, Mozambique, Namibia, Niger, Nigeria, Reunion, Rwanda, Senegal, Seychelles, Sierra Leone, Somalia, South Africa, South Sudan, Sudan, Swaziland, Tanzania, Togo, Tunisia, Uganda, Western Sahara, Zambia, Zanzibar, Zimbabwe. The countries included in Zone 4 are subject to change by Rogers at any time without prior notice. Agreement #: 00628510.0 Version: V:20221111 E-lue Page 15 of 22 © 2022 Rogers Communications Enterprise International Long Distance Saver Country A hanistan Landline Rates $0.20 Mobile Rates 1 $1.35 Country 1 Greece Landline Rates 1 0.05 Mobile Rates $0.25 Country 1 Norfolk Island 1 Landline Rates 0.79 Mobile Rates $0.79 Albania $0.10 $0.28 Greenland $0.40 $0.55 Northern Mariana Islands $0.19 $0.19 $0.14 $0.29 Grenada $0.10 $0.65 Norway $0.09 $0.39 -Algeria American Samoa $0.06 $0.21 Guadeloupe $0.09 $0.25 Oman $0.20 $0.60 Andorra $0.17 $0.29 Guam $0.13 $0.13 Pakistan $0.08 $0.10 Angola $0.10 $0.25 Guatemala $0.10 $0.34 Palau $0.35 $0.81 Anguilla $0.20 $0.39 Guinea E uatorial $0.25 $0.64 Palestine $0.30 $0.30 Antigua & Barbuda $0.15 $0.44 Guinea (Peoples Republic) $0.20 $0.34 Panama $0.38 $0.38 Argentina $0.06 $0.22 Guinea-Bissau $0.80 $1.05 Papua New Guinea $0.90 $0.90 Armenia $0.10 $0.40 Guyana $0.25 $0.39 Paraguay $0.05 $0.25 Aruba $0.10 $0.30 Haiti $0.20 $0.29 Peru $0.10 $0.39 Ascension Island $1.45 $1.45 Honduras $0.20 $0.55 Philippines $0.10 $0.15 Australia $0.05 $0.39 Hong Kong, China $0.05 $0.05 Pitcairn Islands $6.00 $6.00 Austria $0.05 $0.39 Hungary $0.05 $0.29 Poland $0.05 $0.29 Azerbaijan $0.05 1 $0.39 Iceland $0.25 $0.25 Portugal $0.05 $0.25 Bahamas $0.18 $0.18 India $0.06 $0.10 Puerto Rico $0.09 $0.09 Bahrain $0.10 $0.42 Indonesia $0.10 $0.30 Qatar $0.25 $0.59 $0.15 $0.15 Iran $0.10 $0.19 Reunion Island $0.10 $0.49 -Bangladesh Barbados $0.10 $0.40 I $0.20 $0.49 Romania $0.18 $0.39 Belerus $0.20 $0.39 Ireland $0.05 $0.29 Russia $0.09 $0.29 Belgium $0.03 $0.29 Israel $0.05 $0.18 Rwanda $0.15 $0.19 Belize $0.25 $0.49 Italy $0.05 $0.29 San Marino $0.15 $0.15 Benin $0.23 $0.29 Ivory Coast $0 15 $0.25 Sao Tome & Principe $1.40 $1.59 Bermuda $0.06 $0.18 Jamaica $0.10 $0.29 Saudi Arabia $0.07 $0.25 Bhutan $0.30 $0.39 Japan $0.05 $0.25 Senegal $0.20 $0.49 -BO-Imal $0.10 $0A5 Jordan $0.49 $0.49 Serbia $0.07 $0.30 Bosnia $0.20 $0.34 Kenya $0.10 $0.60 Seychelles $0.20 $0.65 Botswana $0.10 $0.31 Kiribati $1.40 $1.79 Sierra Leone $0.20 $0.70 Brazil $0.02 $0.23 Korea(D.P.R.)! North Korea $0.50 $1.08 Singapore $0.05 $0.05 British Virgin Islands $0.10 $0.28 Korea (Republic o ! South Korea $0.05 $0.09 Slovakia $0.27 $0.27 Brunei $0.29 $0.34 Kuwait $0.10 $0.35 Slovenia $0.26 $0.26 Bulgaria $0.31 $0.31 Kyrgyzstan $0.10 $0.39 Solomon Islands $1.00 $1.37 Burkina Faso $0.20 $0.53 Laos $0.10 $0.80 Somalia $0.50 $1.20 Burundi $0.20 $0.46 Latvia $0.36 $0.36 South Africa $0.03 $0.39 Cambodia $0.15 $0.98 Lebanon $0.10 $0.70 Spain $0.05 $0.25 Cameroon 1 $0.10 $0.39 Lesotho $0.25 $0.35 Sri Lanka $0.08 $0.15 Verde $0.35 $0.59 Liberia $0.30 $0.41 St Helena $0.93 $0A3 -Cape Cayman Islands $0.10 $0.24 Libya $0.30 $0.34 St Kitts & Nevis $0.15 $0.38 Central African $0.35 $0.58 Liechtenstein $0.30 $0.34 StLucia $0.15 $0.40 -Republic Chad, Republic Of $0.20 $0.64 Lithuania $0.10 $0.35 StPierre & Mi uelon $0.20 $0.27 Chile $0.05 $0.25 Luxembourg $0.05 $0.29 SLVincent & Grenadines $0.15 $0.50 China $0.05 $0.05 Macau, China $0.09 $0.09 Sudan $0.15 $0.50 Colombia $0.17 $0.17 Macedonia $0.35 $0.35 Surinam $0.25 $0.71 Congo (Democratic Republic o $0.40 $0.41 Madagascar $0.20 $0.50 Swaziland $0.20 $0.24 Congo (Republic of The $0.15 $0.41 Malawi $0.10 $0.29 Sweden $0.05 $0.29 Cook islands $1.50 $1.99 Malaysia $0.05 i $0.09 Switzerland $0.03 $0.29 Costa Rica $0.02 $0.09 Maldives 1 $0.15 1 $0.80 Syria $0.35 $0.74 Agreement #: 00628510.0 Version: V:20221111 Page 16 of 22 C 2022 Rogers Communications 0191 Croatia $0.08 $0.25 Mali $0.20 $0.29 Taiwan $0.05 $0.19 Cuba $0.90 $1.10 Malta $0.18 $0.49 Tailkistan $0.15 $0.39 Cyprus $0.24 $0.24 Marshall Islands $0.40 $0.64 Tanzania $0.15 $0.49 Czech $0.05 $0.19 Martinique/French $0.09 $0.25 Thailand $0.09 $0.09 Republic Antillies Denmark $0.05 $0.29 Mauritania $0.25 $0.49 Togolese Republic $0.10 $0.25 Diego Garcia $2.42 $2.42 Mauritius $0.20 $0.77 Tokelau Islands $1.25 $1.25 Djibouti $0.45 $0.84 Mayotte $0.25 $0.45 Tonga $0.50 $0.89 Dominica $0.30 $0.52 Mexico $0.14 $0.14 Trini and & $0.15 $0.15 Dominican Republic $0.17 $0.17 Micronesia $0.25 $0.86 Tunisia $0.15 $0.29 East Timor $3.00 $3.00 Moldova $0.15 $0.34 JqrkE $0.30 $0.30 Ecuador $0.10 $0.25 Monaco $0.22 1 $0.22 Turkmenistan $0.15 $0.41 Egypt $0.15 $0.29 Mongolia $0.20 $0.70 Turks am d $0.15 $0.48 El Salvador $0.10 $0.28 Montenegro $0.14 $0.26 Tuvalu $1.89 $1.89 Eritrea $0.35 $0.99 Montserrat $0.25 $0.72 U.S. Virgin Islands $0.10 $0.10 Estonia $0.22 $0.22 Morocco $0.20 $0.47 Uganda $0.15 $0.36 Ethiopia $0.40 $0.89 Mozambique $0.10 $0.40 Ukraine $0.06 $0.25 Falkland $1.03 $1.99 Myanmar(Burma) $0.35 $0.85 United Arab $0.20 $0.30 Islands Emirates Faroe Islands $0.10 $0.21 Namibia $0.10 $0.29 United IGn don $0.05 $0.29 Fill 1 $0.30 $0.79 Nauru $2.17 $2.17 Uruguay $0.10 $0.38 Finland $0.06 $0.29 Ne ai $0.15 $0.75 Uzbekistan $0.10 $0.39 France $0.03 $0.18 Netherlands $0.05 $0.29 Vanuatu $0.70 $1.04 French Guiana $0.15 $0.38 Netherlands Antilles $0.10 $0.27 Venezuela $0.31 $0.31 French $0.20 $0.39 New Caledonia $0.30 $0.53 Vietnam $0.10 $0.39 Polynesia Gabon $0.15 $0.24 New Zealand $0.29 $0.29 wales And Futuna $2 99 $2 99 Gambia $0.30 $0.49 Nicaragua $0.15 $0.47 Sam $0.50 $0.70 Georgia $0.10 $0.30 Niger Republic $0.20 $0.50 Yemen $0.40 $0.82 Germany $0.05 $0.29 Ni eria $0.10 $0.34 Zambia $0.44 $0.44 Ghana 1 $0.05 $0.25 Niue Island $2.14 1 $2.14 Zimbabwe $0.10 $0.39 Gibraltar 1 $0.05 $0.59 Prices above are subject to change without notice Agreement #: 00628510.0 Version: V:20221111 021 Page 17 of 22 O 2022 Rogers Communications Product Quotation Product! Services { Qty 1 Unit i List ( Disc. Name I I j Price Business Wireless 1 1 Each 1 $30.00 175.00% Plan - V2 Voice Only Plan (Basic Tier 2 Year) Business Wireless 1 Each — $25.00 80.00% Plan - V2 Voice Only Plan (BYOD) Business Wireless i 1 Each $50.00 70.00% Plan - V2 5GB Voice & Data Plan (BYOD) Business Wireless 1 Each $70.00 52.00% Plan - V2 5GB Voice & Data Plan (Silver Tier 2 Year) Business Wireless 1 Each $10.00 25.00% Plan - V2 OGB Pooled Data -Only Plan (BYOD) Business Wireless 1 Each $40.00 67.00% Plan - V2 5GB Pooled Data -Only Plan (BYOD) Business Wireless 1 Each $35.00 71.00% Plan - V2 2GB Voice & Data Plan (BYOD) Business Wireless 1 Each $40.00 70.00% Plan - V2 3GB Voice & Data Plan (BYOD) Business Wireless 1 Each $55.00 50.00% Plan - V2 2GB Voice & Data Plan (Silver Agreement #: 00628510.0 Version: V:20221111 Monthly Revenue Service Notes Recurring Type Term (in Charges months) (MRC) $7.50 I Renewal 36 $5.00 Renewal 36 $15.00 Renewal 36 $33.60 Renewal 36 $7.50 Renewal 36 $13.20 Renewal 36 $10.15 Renewal 36 $12.00 Renewal 36 $27.50 Renewal 36 Page 18 of 22 © 2022 Rogers Communications ON Tier 2 Year) Business Wireless 1 Each Plan - V2 3GB Voice & Data Plan (Silver Tier 2 Year) Business Wireless 1 Each Plan - V2 3GB Pooled Data -Only Plan (BYOD) $60.00 1 49.00% 1 $30.60 Renewal 36 Renewal 136 Product / Services Qty Unit List Disc. Monthly Revenue Service Notes Name Price Recurring Type Term (in Charges months) (MRC) Business Wireless 1 Each $0.00 0.00% $0.00 Renewal 36 Plan - V2 $0 Roam Like Home for All (Mandatory) 0.00% $20.00 Business Wireless 1 Each $20.00 Plan - V2 Canada+US i Business Wireless 1 Minutes, $0.00 0.00% $0.00 Plan - V2 Voice -Only SMS I Plan (2 Years), $0 Unlimited US calling and Unlimited SMS/MMS to US and Int'I �— Business Wireless 1 — Minutes, $0.00 0.00% $0.00 Plan - V2 5GB Voice SMS & Data Plan (BYOD), $0 Unlimited US calling and Unlimited SMS/MMS to US and Int'I Business Wireless 1 Minutes, $0.00 0.00% $0.00 Plan - V2 5136 Voice SMS & Data Plan (Silver Tier 2 Year), $0 Unlimited US calling and Unlimited i SMS/MMS to US and Int'I Business Wireless 1 Each $0.00 0.00% $0.00 Plan - V2 Enterprise International Long - Distance Saver (See Agreement #: 00628510.0 Version: V:20221111 Renewal 36 Renewal 1 36 Renewal 36 Renewal 36 Page 19 of 22 © 2022 Rogers Communications 019] lisp t of Countries & - - - - -- - —' - Rates in the Agreement) i Business Wireless 1 Minutes, $0.00 0.00% $0.00 Plan - V2 2GB Voice SMS & Data Plan (BYOD), $0 Unlimited US calling and Unlimited SMS/MMS to US and Int'I Business Wireless 1 Minutes, $0.00 0.00% $0.00 Plan - V2 3GB Voice SMS & Data Plan (BYOD), $0 Unlimited US calling and Unlimited SMS/MMS to US and Int'I Business Wireless 1 Minutes, $0.00 0.00% $0.00 Plan - V2 2GB Voice SMS & Data Plan (Silver Tier 2 Year), $0 Unlimited US calling and Unlimited SMS/MMS to US and Int'I Business Wireless 1 Minutes, $0.00 0.00% $0.00 Plan - V2 3GB Voice SMS & Data Plan (Silver Tier 2 Year), $0 Unlimited US calling and Unlimited SMS/MMS to US and Int'I Wireless Networks for Business MRC Subtotal: $20.00 Product / Services Name Service Setup Fee Renewal 36 Renewal 36 Renewal 36 Renewal 36 Oty Unit List Disc. Non -Recurring Price Charges (NRC) 1 Per $70.00 100.00% $0.00 Setup $0 Hardware Upgrade 1 Fee $0 Telephone Number 1 Change Fee $0 Transfer of 1 Agreement #: 00628510.0 Version: V:20221111 Per $0.00 0.00% $0.00 Setup Per $0.00 0.00% $0.00 Setup Per $0.00 0.00% $0.00 Revenue Type Renewal Renewal Renewal Notes Renewal Page 20 of 22 C 2022 Rogers Communications OL! Responsibility Fee Setup $0 Deactivation Fee 1 Per $0.00 0.00% $0.00 Setup Wireless Networks for Business NRC Subtotal: $0.00 Committed Number Voice Only Line Commit: 0 of Lines Voice and Data Line Commit: 0 Data only Line Commit: 0 Total Line Commit: 0 Renewal Custom Hardware Expiring 24 months after signature date of the agreement, lines are approved for the Notes following concession on devices, while supplies last: Up to $150 off 2SILVER Smartphone pricing, 24 Months, Voice and Data, New Activations and Upgrades. Pricing not to fall below $0. Wireless Networks for Business Notes: Data Pooling: For all Corporately Paid Lines activated on the same Shared Pricing plan, smartphone data is pooled, giving the Customer access to draw data from the pool for a monthly fee, plus applicable overage charges. General Notes: This Product Quotation is subject to Rogers' approval and is valid for Customer's acceptance for sixty (60) days from its date of issuance. The provision of Services pursuant to this Product Quotation is subject to the terms and conditions of Rogers' Master Enterprise Customer Agreement entered into by the Customer and Rogers, or, in the absence of a Master Enterprise Customer Agreement between Rogers and the Customer, the provision of Services pursuant to this Product Quotation is subject to the terms of the legal agreement in place between the Customer and Rogers that relates to the Services quoted herein. Capitalized terms set out in this Product Quotation which have not been defined herein shall have the meanings ascribed to them under the Master Enterprise Customer Agreement. Unless otherwise indicated, all charges and fees on this Product Quotation are in Canadian dollars and do not include applicable taxes. The Customer shall be responsible to pay all applicable taxes. Canadian dollar equivalent amounts for foreign currency calculation on invoices are based on a monthly average exchange rate. Exchange rates are subject to change without notice. {A signature page follows} Agreement #: 00628510.0 Version: V:20221111 OR Page 21 of 22 C 2022 Rogers Communications The Parties, by their duly authorized representatives, acknowledge having reviewed and understood the terms and conditions set out herein. City of Saint John Per Name: Title: Signature Date: City of Saint John Per: Rogers Communications Canada Inc. Per: Name: Title: Signature Date: Rogers Communications Canada Inc. Per: Name: Name: Title: Title: Signature Date: Signature Date: Agreement #: 0062 8510. 0 Page 22 of 22 Version: V:20221111 C 2022 Rogers Communications COMMON COUNCIL REPORT M&C No. 2024-280 Report Date October 10, 2024 Meeting Date October 15, 2024 Service Area Growth and Community Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT. Spruce Lake Industrial Park Expansion Update AUTHORIZATION Primary Author Commissioner/Dept. Head Chief Administrative Officer Pankaj Nalavde Amy Poffenroth J. Brent McGovern RECOMMENDATION In consideration of the upcoming public hearing scheduled for November 12, 2024, it is recommended that: 1. Council not proceed with the public hearing for this application on November 12, as scheduled.; and 2. Council direct the CAO to establish a Task Force, including city staff and Lorneville community leaders, to facilitate further discussions on the application which will inform staff's report for a future public hearing. EXECUTIVE SUMMARY Staff are recommending postponing the scheduled public hearing for the Spruce Lake Industrial Park Expansion currently scheduled to take place on November 12, 2024, following concerns from Lorneville community residents and a recommendation from the Planning Advisory Committee (PAC). Instead, it is recommended that a Task Force consisting of City Staff and Lorneville community leaders be established to facilitate further discussions and to provide information that will inform recommendations to Council at a later date. PREVIOUS RESOLUTION August 19, 2024 RESOLVED that the proposed Municipal Plan By -Law Amendment regarding the Spruce Lake Industrial Park Expansion be referred to the Planning Advisory Committee on October 8, 2024, for a report and recommendation and the necessary advertising be authorized with a Public Hearing to be held on Tuesday, November 12, 2024 at 6:30 pm in the Common Council Chamber. All -2- REPORT On Monday, July 8, 2024, Common Council hosted a Public Presentation regarding a Municipal Plan Amendment for the Spruce Lake Industrial Park Expansion. On August 19, 2024, Council passed a resolution to seek input from the Planning Advisory Committee (PAC) on both the Municipal Plan Amendment and the Rezoning proposal for the Spruce Lake Industrial Park Expansion. At that meeting, Council also scheduled a Public Hearing for November 12, 2024. On October 8, 2024, PAC held a public meeting where they reviewed the application. During the session, nine local residents voiced their opposition to the application as proposed. PAC did not support the staff's recommendation at this time and requested further discussions between staff and the Lorneville residents. Staff and the CAO have reviewed the comments received in opposition to the proposed application. Based on this feedback, it is recommended that Council not proceed with the public hearing scheduled for November 12, 2024. Additionally, it is recommended that Council direct the CAO to form a Task Force, comprising City Staff and Lorneville community leaders, to facilitate further discussions on the application. The Task Force will work jointly and staff will provide findings and recommendations that will inform a report back to Council at a future date. STRATEGIC ALIGNMENT The recommendation aligns with Council's priority to Grow. SERVICEAND FINANCIAL OUTCOMES These actions will provide the necessary time and resources to ensure that the decision -making process is well-informed and reflective of community input. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS GCO was consulted in the preparation of this report. ATTACHMENTS N/A 01:3 Q) .- L-- _ DC - p Q) (a w a--j ` - Q) O Ec- rn 4-j w Q U m p 0 LQ�) p � — Ln U +5 n in a i: ii U >. 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N _ > LLJ C Q W a--' O LLJ N 0 4— U LA E LLJ LnO cB -t O Ln+ N O v 4-> L N LLJ N `- N N E D ECU OV a N J i C LLJ v � O L rn M rn � N V > LA � _� N m N U a"'j N +� Q � cB Q = u LLJ O N > (B Ln LA (B Q O S Q s W Q (B V s W N N CO V N L LW N O � N L.LJ :z o o IN Q s 0 _ 0 O N � L Q � ui +-j N 0 0 �m v Z V O - LL +-j N V 'O O � v Q N O Q L Q N m (B N Z al Z3 0 c: E 0 � LI1 Li ,zl- O c: O +-j N N (1) Q LU D s V � (B (B LA -0 0 L m a > U- v E G7 O N�� C N n p LLO LLJ t/1 LL 0 FAO E N Q T •� Ea LL 2z c m � Staff Recommendation for Council Resolution Property: 461-475 Millidge Ave 3rd Reading: October 15, 2024 Item: Required: Recommendation (Y/N) Municipal Plan No Amendment Zoning By -Law Yes That Common Council give 3rd reading to an Amendment to Amendment the Zoning By-law which rezones a parcel of land having an area of approximately 5,827 square metres, located at 471 Millidge Avenue and 473-475 Millidge Avenue, also identified as PID Numbers 00041525 and 55147797 from One -Unit Residential (Rl) and General Commercial (CG) to Mid -Rise Residential (RM). Recission of Yes That Common Council, rescind the conditions imposed on Previous s. 39/s. December 13, 2021, rezoning of the property located at 461 59 Conditions Millidge Avenue, also identified as PID Number 00041517. That Common Council, rescind the conditions imposed on September 7, 1999, rezoning of the property located at 473- 475 Millidge Avenue, as amended on November 20, 2000, also identified as PID Number 55147797. Section 59 Yes a) The continued use of the commercial sites be Conditions permitted under the General Commercial (CG) zone standards until the proposed residential development is complete. Section 59 No Agreement Section 131 No Agreement Other No Ii19191 BY-LAW NUMBER C.P. 111-180 A LAW TO AMEND THE ZONING BY-LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: The Zoning By-law of The City of Saint John enacted on the fifteenth day of December, A.D. 2014, is amended by: Amending Schedule "A", the Zoning Map of The City of Saint John, by rezoning a parcel of land having an area of approximately of area of approximately 5,827 square metres, located at 471 Millidge Avenue and 473-475 Millidge Avenue, also identified as PID Numbers 00041525 and 55147797 from One -Unit Residential (R1) and General Commercial (CG) to Mid -Rise Residential (RM) pursuant to a resolution adopted by Common Council under Section 59 of the Community Planning Act. ARRETE NO C.P. 111-180 ARRETE MODIFIANT L'ARRETE DE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une reunion du conseil communal, The City of Saint John a decrete ce qui suit : L'arrete sur le zonage de The City of Saint John, decrete le quinze (15) decembre 2014, est modifie par: La modification de I'annexe «A», Plan de zonage de la ville de Saint John, permettant de modifier la designation pour une parcelle de terrain d'une superficie d'environ 5827 metres carres, situe au 471 avenue millidge et 473-475 avenue Millidge, egalement identifie comme de NID 55147797 et 00041525, de Zone residentielle unifamiliale (R1) et Zone commerciale generale (CG) a Zone residentielle — Immeubles d'habitation de hauteur moyenne (RM), conformement a une resolution adoptee par le conseil municipal en vertu de I'article 59 de la Loi sur I'urbanisme. - toutes les modifications sont - all as shown on the plan attached hereto indiquees sur le plan ci-joint et font partie du and forming part of this by-law. present arrete. IN WITNESS WHEREOF The City of Saint John EN FOI DE QUOI, The City of Saint John a has caused the Corporate Common Seal of the fait apposer son sceau communal sur le said City to be affixed to this by-law the X day of present arrete le X octobre 2024, avec les October, A.D. 2024 and signed by: signatures suivantes: Mayor/Maire City Clerk/Greffier communal First Reading - October 1, 2024 Premiere lecture - le 1 octobre 2024 Second Reading - October 1, 2024 Deuxieme lecture - le 1 octobre 2024 Third Reading - Troisieme lecture - 134 GROWTH & COMMUNITY DEVELOPMENT SERVICES SERVICE DE LA CROISSANCE ET DU DEVELOPPEMENT COMMUNAUTAIRE REZONING / REZONAGE Amending Schedule "A" of the Zoning By -Law of The City of Saint John Modifiant Annexe «A» de I'Arrete de zonage de The City of Saint John dead CXV oafs FROM / DE TO / A One -Unit Residential R1 Zone residentielle Mid -Rise Residential unifamiliale RM Zone residentielle - immeubles General Commercial Zone commerciale CG de hauteur moyenne generale Pursuant to a Resolution under Section 59 of the Community Planning Act Conformement a une resolution adoptee par le conseil municipal en vertu de I'article 59 de la Loi sur I'urbanisme Applicant: Don -More Surveying Location: 461-475 Millidge Avneue PID(s)/NIP(s): 00041525,55147797 Considered by P.A.C./Considers par le C.C.U.: September 17 septembre, 2024 Enacted by Council/Approuve par le Conseil: Filed in Registry Office/Enregistre le: By -Law #/Arrete #: Drawn by/Creee par: AJP Date drawn/Carte creee: October 3 octobre, 2024 135 Staff Recommendation for Council Resolution Property: 665-669 Loch Lomond Road and 0 Commerce Drive Public Hearing, 15T Reading and 2nd Reading was held on October 1, 2024 3d Reading: October 15, 2024 Item: Required: Recommendation (Y/N) Municipal Plan No Amendment Zoning By -Law Yes That Common Council give 3rd reading to an Amendment to the Amendment Zoning by-law which rezones a piece of land having an area of approximately 4.7 hectares, located at 665 Loch Lomond Road, also identified as PID Number 55102917, 669 Loch Lomond Road, also identified as PID 55102925, and 0 Commerce Drive, also identified as PID 00313155, from Business Park Commercial (CBP) to Corridor Commercial (CC). Recission of Yes That Common Council, pursuant to the provisions of Section 59 of Previous s. 39/s. the Community Planning Act, rescind the conditions imposed on 59 Conditions the April 9, 2002, rezoning, for the parcel of land having an area of approximately 2,870 metres squared, located at 669 Loch Lomond Road, also identified as PID Number 55102925. That Common Council, pursuant to the provisions of Section 59 of the Community Planning Act, rescind the conditions imposed on the May 1, 2000, rezoning, for the parcel of land having an area of approximately 4.15 hectares, located at 0 Commerce Drive, also identified as PID Number 00313155. Section 59 No Conditions Section 59 No Agreement Section 131 No Agreement Other No `K1:1 BY-LAW NUMBER C.P. 111-181 A LAW TO AMEND THE ZONING BY-LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: The Zoning By-law of The City of Saint John enacted on the fifteenth day of December, A.D 2014, is amended by: Amending Schedule "A", the Zoning Map of The City of Saint John, by rezoning a piece of land having an area of approximately 4.7 hectares, located at 665 Loch Lomond Road, also identified as PID 55102917, 669 Loch Lomond Road, also identified as PID 55102925, and 0 Commerce Drive, also identified as PID 00313155 from Business Park Commercial (CBP) to Corridor Commercial (CC). 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. 2024 and signed by: ARRETE NO C.P. 111-181 ARRETE MODIFIANT L'ARRETE DE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une reunion du conseil communal, The City of Saint John a decrete ce qui suit L'arrete sur le zonage de The City of Saint John, decrete le quinze (15) decembre 2014, est modifie par : La modification de I'annexe «A», Plan de zonage de la ville de Saint John, permettant de modifier la designation pour une parcelle de terrain d'une superficie d'environ 4.7 hectares, situe au 665 chemin Loch Lomond, egalement identifie comme NID 55102917, 669 chemin Loch Lomond, egalement identifie comme NID 55102925, et 0 promenade Commerce, egalement identifie comme NID 00313155, du zone commerciale — Pares d'affaires (CBP) a la zone commerciale de corridor (CC). toutes les modifications sont indiquees sur le plan ci-joint et font partie du present arrete. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le """` 2024, avec les signatures suivantes: Mayor/Maire City Clerk/Greffier communal First Reading - October 1, 2024 Premiere lecture - le 1 octobre 2024 Second Reading - October 1, 2024 Deuxieme lecture - le 1 octobre 2024 Third Reading - Troisieme lecture - 137 GROWTH & COMMUNITY DEVELOPMENT SERVICES SERVICE DE LA CROISSANCE ET DU DEVELOPPEMENT COMMUNAUTAIRE REZONING / REZONAGE Dr. 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 ch. Loch Lomond Rd, FROM / DE TO / A Business Park Corridor Commercial Commercial CBP CC Zone commerciale Zone commerciale de corridor — pares d'affaires Applicant: Amerco Real Estate Company Location: 665-669 Loch Lomond Road & 0 Commerce Drive PID(s)/NIP(s): 55102917, 55102925, 00313155 Considered by P.A.C./Considers par le C.C.U.: September 17 septembre, 2024 Enacted by Council/Approuve par le Conseil: Filed in Registry Office/Enregistre le: By -Law #/Arrete #: Drawn by/Creee par: AJP Date drawn/Carte creee: October 3 octobre, 2024 138 Staff Recommendation for Council Resolution Property: 0 Nason Road/Martha Avenue Public Hearing: October 1, 2024 Item Required: Recommendation (Y/N) Municipal Plan Yes That Common Council give 1st and 2nd reading to an Amendment Amendment to the Municipal Plan to: 1. Amend Schedule A of the Municipal Plan by changing the designation for the parcel of land having an area of 6.78 hectares, located on Nason Road, also identified as PID 55086227, from Park and Natural Area to Stable Area; 2. Amend Schedule B of the Municipal Plan by changing the designation for the parcel of land having an approximate area of 6.78 hectares, located on Nason Road, also identified as PID 55086227, from Park and Natural Area to Stable Residential. Zoning By -Law Yes That Common Council give 1St and 2nd reading to an Amendment Amendment to the Zoning By-law which rezones a parcel of land having an area of approximately 6.77 hectares, located at 0 Nason Road/Martha Avenue, also identified as PID 55086227 from Future Development (FD) to High -Rise Residential (RH). Other No 3rd Reading : Tentative date October 14, 2024 Item: Required: (Y/N) Recommendation Municipal Plan Yes That Common Council give 3rd reading to an Amendment to Amendment the Municipal Plan to: 1. Amend Schedule A of the Municipal Plan by changing the designation for the parcel of land having an area of 6.78 hectares, located on Nason Road, also identified as PID 55086227, from Park and Natural Area to Stable Area; Ii1c10.1 2. Amend Schedule B of the Municipal Plan by changing the designation for the parcel of land having an approximate area of 6.78 hectares, located on Nason Road, also identified as PID 55086227, from Park and Natural Area to Stable Residential. Zoning By -Law Yes That Common Council give 3rd reading to an Amendment to Amendment the Zoning By-law which rezones a parcel of land having an area of approximately 6.77 hectares, located at 0 Nason Road/Martha Avenue, also identified as PID 55086227 from Future Development (FD) to High -Rise Residential (RH). Recission of No Previous s. 39/s. 59 Conditions Section 59 Yes a. That the proposed development incorporate Conditions walkways connecting the multi -unit buildings with the public sidewalk located on Martha Avenue. b. That the owner/developer's traffic consultant will explore and recommend a greater threshold of road safety improvements which the City/developer would co - pay for said installation through the referenced developer agreement. A higher threshold of road safety improvements would include: i. both the recommended lower threshold improvements as well as others such as traffic calming elements on Martha Avenue that encourages greater dispersion of traffic to other neighbourhood streets such as Bonita Avenue and Micheal Crescent. c. That the owner/developer will contribute a small portion towards the instillation of a crosswalk crossing Mark Drive at Martha Avenue. d. An extension of fire hydrant service will be created with the placement of the new hydrant and the location of each building's Fire Department Connections (FDC) be such that the distance between the new hydrant and the FDC location are within 45 metres of the hydrant. Section 59 No Agreement ii[191 Section 131 Agreement No Other Yes That Common Council authorize the preparation and execution of one or more City/Developer Subdivision Agreements to ensure the provision of the required work and facilities related to road safety improvements and the instillation of a crosswalk crossing Mark Drive `EI BY-LAW NUMBER C.P. 106-34 A LAW TO AMEND THE MUNICIPAL PLAN BY-LAW Be it enacted by The City of Saint John in Common Council convened, as follows: The Municipal Plan By-law of The City of Saint John enacted on the 30th day of January, A.D. 2012 is amended by: ARRETE NO C.P. 106-34 ARRETE MODIFIANT L'ARRETE RELATIF AU PLAN MUNICIPAL Lors d'une reunion du conseil communal, The City of Saint John a decrete ce qui suit: L'arrete concernant le plan municipal de The City of Saint John decrete le 30 janvier 2012 est modifie par:: 1. Redesignating on Schedule A of the 1. A I'annexe A du plan Municipal Development Plan, land d'amenagement municipal, having an approximate area of 6.78 modifier la designation d'un hectares, located on Nason Road, terrain d'une superficie de 6,77 also identified as PID 55086227, hectares, situee au rue Nason, from Park and Natural Area to egalement identifie comme NID Stable Area; 55086227, qui passera de Parc ou aire naturelle a Secteur 2. Redesignating on Schedule B of the stable; Municipal Development Plan, land having an approximate area of 6.78 2. A I'annexe B du plan hectares, located on Nason Road, d'amenagement municipal, also identified as PI 55086227, modifier la designation d'un from Park and Natural Area to terrain d'une superficie de 6,77 Stable Residential. hectares, situe au rue Nason, egalement identifie comme NID 55086227, qui passera de Parc ou aire naturelle a Secteur residentiel stable. - toutes les modifications sont - all as shown on the plan attached hereto indiquees sur le plan ci-joint et font partie du and forming part of this by-law. present arrete. IN WITNESS WHEREOF The City of Saint John EN FOI DE QUOI, The City of Saint John a has caused the Corporate Common Seal of the fait apposer son sceau communal sur le said City to be affixed to this by-law the X day of present arrete le X octobre 2024, avec les October, A.D. 2024 and signed by: signatures suivantes: Mayor/Maire City Clerk/Greffier communal First Reading - October 1, 2024 Premiere lecture - le 1 octobre 2024 Second Reading - October 1, 2024 Deuxieme lecture - le 1 octobre 2024 Third Reading - Troisieme lecture - 142 GROWTH & COMMUNITY DEVELOPMENT SERVICES SERVICE DE LA CROISSANCE ET DU DEVELOPPEMENT COMMUNAUTAIRE MUNICIPAL DEVELOPMENT PLAN / PLAN D'AMENAGEMENT MUNICIPAL Amending Schedule "A" Modifiant Annexe «A» C'r FROM / DE Park and Natural Area Parc et sire naturelle 1:0 Applicant: 742673 NB Inc. Location: 0 Nason Road, Martha Avenue PID(s)/NIP(s): 55086227 TO / A Stable Area Secteur stable Considered by P.A.C./Considers par le C.C.U.: September 17 septembre, 2024 Enacted by Council/Approuve par le Conseil: Filed in Registry Office/Enregistre le: By -Law #/Arrete #: Drawn by/Creee par: AJP Date drawn/Carte creee: October 3 octobre, 2024 143 GROWTH & COMMUNITY DEVELOPMENT SERVICES SERVICE DE LA CROISSANCE ET DU DEVELOPPEMENT COMMUNAUTAIRE MUNICIPAL DEVELOPMENT PLAN / PLAN D'AMENAGEMENT MUNICIPAL Amending Schedule "B" Modifiant Annexe « B» C'r FROM / DE Park and Natural Area Parc et sire naturelle Applicant: 742673 NB Inc. Location: 0 Nason Road, Martha Avenue PID(s)/NIP(s): 55086227 TO / A Stable Residential Residentiel stable Considered by P.A.C./Considers par le C.C.U.: September 17 septembre, 2024 Enacted by Council/Approuve par le Conseil: Filed in Registry Office/Enregistre le: By -Law #/Arrete #: Drawn by/Creee par: AJP Date drawn/Carte creee: October 3 octobre, 2024 144 BY-LAW NUMBER C.P. 111-182 A LAW TO AMEND THE ZONING BY-LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: The Zoning By-law of The City of Saint John enacted on the fifteenth day of December, A.D. 2014, is amended by: Amending Schedule "A", the Zoning Map of The City of Saint John, by rezoning a parcel of land having an area of approximately of area of approximately 6.77 hectares, located at 0 Nason Road/Martha Avenue, also identified as PID 55086227, from Future Development (FD) to High -Rise Residential (RH) pursuant to a resolution adopted by Common Council under Section 59 of the Community Planning Act. ARRETE NO C.P. 111-182 ARRETE MODIFIANT L'ARRETE DE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une reunion du conseil communal, The City of Saint John a decrete ce qui suit : L'arrete sur le zonage de The City of Saint John, decrete le quinze (15) decembre 2014, est modifie par: La modification de I'annexe «A», Plan de zonage de la ville de Saint John, permettant de modifier la designation pour une parcelle de terrain d'une superficie d'environ 6.77 hectares, situe au 0 chemin Nason/avenue Martha, egalement identifie comme le NID 55086227, de Zone d'amenagement futur (FD) a Zone residentielle — Immeubles d'habitation de grande hauteur (RH) conformement a une resolution adoptee par le conseil municipal en vertu de I'article 59 de la Loi sur I'urbanisme. - toutes les modifications sont - all as shown on the plan attached hereto indiquees sur le plan ci-joint et font partie du and forming part of this by-law. present arrete. IN WITNESS WHEREOF The City of Saint John EN FOI DE QUOI, The City of Saint John a has caused the Corporate Common Seal of the fait apposer son sceau communal sur le said City to be affixed to this by-law the X day of present arrete le X octobre 2024, avec les October, A.D. 2024 and signed by: signatures suivantes: Mayor/Maire City Clerk/Greffier communal First Reading - October 1, 2024 Premiere lecture - le 1 octobre 2024 Second Reading - October 1, 2024 Deuxieme lecture - le 1 octobre 2024 Third Reading - Troisieme lecture - 145 GROWTH & COMMUNITY DEVELOPMENT SERVICES SERVICE DE LA CROISSANCE ET DU DEVELOPPEMENT COMMUNAUTAIRE REZONING / REZONAGE Amending Schedule "A" of the Zoning By -Law of The City of Saint John Modifiant Annexe «A» de I'Arrete de zonage de The City of Saint John C'r FROM / DE Future Development Zone d'amenagement FD ® RH futur TO / A High -Rise Residential Zone residentielle — immeubles d'habitation de grande hauteur Pursuant to a Resolution under Section 59 of the Community Planning Act Conformement a une resolution adoptee par le conseil municipal en vertu de I'article 59 de la Loi sur I'urbanisme Applicant: 742673 NB Inc. Location: 0 Nason Road, Martha Avenue PID(s)/NIP(s): 55086227 Considered by P.A.C./Considers par le C.C.U.: September 17 septembre, 2024 Enacted by Council/Approuve par le Conseil: Filed in Registry Office/Enregistre le: By -Law #/Arrete #: Drawn by/Creee par: AJP Date drawn/Carte creee: October 3 octobre, 2024 146 A BY-LAW TO AMEND A BY-LAW RESPECTING THE TRAFFIC ON STREETS IN THE CITY OF SAINT JOHN, BY-LAW NUMBER MV-10.1, AND AMENDMENTS THERETO ARRETE MODIFIANT L'ARRETE RELATIF A LA CIRCULATION DANS LES RUES DE THE CITY OF SAINT JOHN, ARRETE NUMERO MV-10.1, ET MODIFICATIONS AFFERENTES Be it enacted by the Common Council of Lors d'une reunion du conseil municipal, The City of Saint John as follows: The City of Saint John a decrete ce qui suit: A By-law of The City of Saint John entitled "A By-law respecting the Traffic on Streets in The City of Saint John, By-law Number MV-10.1" and amendments thereto, enacted on the 71h day of October, A.D. 2019, is hereby amended as follows: 1. Schedule "A" — Parking for Specified Times 08:00 to 22:00 is amended by deleting the following words under the following headings: Street Side Limits Time Charlotte Both James Street to 15 Street a point 12 mins. metres south therefrom 2. Schedule "A-1" — Parking for Specified Times 08:00 to 17:00 is amended by deleting the following words under the following headings: Street Side Limits Time Charlotte St. Both Queen Square 2 hrs. North to Vulcan St. Par les presentes, 1' arrete de The City of Saint John intitule « Arrete relatif a la circulation dans les rues de The City of Saint John, Arrete numero MV-10.1 » et modifications afferentes, decrete le 7e j our d' octobre 2019, est modifie comme suit: 1. L'annexe « A » — Stationnement a des heures precisees 8 h a 22 h est modifie par la suppression des mots suivants sous les titres suivants : Rue Cote Limites Duree rue des de la rue James 15 Charlotte deux jusqu'a un min cotes point 12 metres plus loin en direction sud 2. L'annexe « A-1 » — Stationnement a des heures precisees 8 h a 17 h est modifie par la suppression des mots suivants sous les titres suivants : Rue Cote Limites Duree rue des de la place 2 h Charlotte deux Queen Nord a cotes la rue Vulcan `[ rA Charlotte St. Both Princess St. to Duke St. 2 hrs Charlotte St. West Civic No. 201 2 hrs to Civic No. 239 Charlotte St. West Union Street to 2 hrs North Market Street 3. Schedule "A-l" — Parking for Specified Times 08:00 to 17:00 is amended by adding the following words under the following headings: Street Side Limits Time Charlote St. East Queen Square 2 hrs. North to Broad St. Charlotte St. Both Broad St. to 2 hrs. Vulcan St. Charlotte St. East Princess St. to 2 hrs. Duke St. 4. Schedule "B" — No Parking Anytime is amended by deleting the following words under the following headings: rue Charlotte des deux cotes de la rue Princess a la rue Duke 2 h rue ouest adresse 2 h Charlotte municipale N° 201 a 1'adresse municipale N° 239 Rue ouest de la rue 2 h Charlotte Union a la rue North Market 3. L'annexe o A-1 » — Stationnement d des heures precisees 8 h a 17 h est modifie par 1'adjonction des mots suivants sous les titres suivants : Rue Cote Limites Duree rue est de la place 2 h Charlotte Queen Nord a la rue Broad rue des de la rue Broad 2 h Charlotte deux a la rue Vulcan cotes rue est de la rue 2 h Charlotte Princess a la rue Duke 4. L'annexe « B » — Interdiction de stationner en tout temps est modifie par la suppression des mots suivants sous les titres suivants : Street Rue Cote Limites rue Charlotte est de la rue Duke a la rue Broad Side Limits Charlotte Street East Duke Street to Broad Street `[E:3 Charlotte Street West North Market Street to King Square South 5. Schedule "B" — No Parking Anytime is amended by adding the following words under the following headings: Street Side Limits Charlotte Street West Union Street to Broad Street 6. Schedule "D" — One -Way Streets is amended by deleting the following words under the following headings: Street Limits Direction Charlotte Street Union Street to Duke Street Southerly 7. Schedule "D" — One -Way Streets is amended by adding the following words under the following headings: Street Limits Direction Charlotte Union Street to Southerly Street Saint James Street rue Charlotte ouest de la rue North Market a la Place King Sud 5. L'annexe « B » — Interdiction de stationner en tout temps est modifie par 1' adj onction des mots suivants sous les titres suivants : Rue Cote Limites rue Charlotte ouest de la rue Union a la rue Broad 6. L'annexe « D » — Rues d sens unique est modifie par la suppression des mots suivants sous les titres suivants : Rue Limites Direction rue Charlotte entre les rues Union et Duke sud 7. L'annexe « D » — Rues d sens unique est modifie par 1' adj onction des mots suivants sous les titres suivants : Rue Limites Direction rue Charlotte entre les rues sud Union et Saint James 8. Schedule "E" — Prohibited Left Turns is amended by adding the following words under the following headings: Street Direction Turns Prohibited Harding Easterly Charlotte Street Street 9. Schedule "F" — Prohibited Right Turns is amended by adding the following words under the following headings: Street Direction Turns Prohibited Queen Westerly Charlotte Square Street North Saint James Westerly Charlotte Street Street 10. Schedule "G" — Alternate Side Parking is amended by deleting the following words under the following headings: Street Limits Charlotte Street Princess Street to Duke Street Charlotte Street Queen Square North to end 8. L'annexe « E » — Interdiction de tourner a gauche est modifie par 1' adj onction des mots suivants sous les titres suivants : Rue Direction Virage interdit sur rue Harding est rue Charlotte 9. L'annexe « F » — Interdiction de tourner a droite est modifie par 1'adjonction des mots suivants sous les titres suivants : Rue Direction Virage interdit sur place Queen ouest rue Charlotte Nord rue Saint ouest rue Charlotte James 10. L'annexe « G » — Stationnement en alternance est modifie par la suppression des mots suivants sous les titres suivants : Rue Limites rue Charlotte de la rue Princess a la rue Duke rue Charlotte de la place Queen a son extremite 11. Schedule "G" — Alternate Side Parking is amended by adding the following words under the following headings: Street Limits Charlotte Street Broad Street to end 12. Schedule "I" — No Overnight Parking is amended by deleting the following words under the following headings: Street Limits Charlotte Street Entire frontage of Civic No. 239 13. Schedule "M" — Loading Zones is amended by deleting the following words under the following headings: Street Side Limits Charlotte West Commencing at a point Street 26 metres north of Princess Street and extending 9 metres Northerly Charlotte West Commencing at a point Street 5.4 metres south of Princess Street and extending 9.6 metres Southerly 11. L'annexe « G » — Stationnement en alternance est modifie par 1' adj onction des mots suivants sous les titres suivants : Rue Limites rue Charlotte de la rue Broad a son extr&mit& 12. L'annexe o I » — Interdiction de stationner la nuit est modifie par la suppression des mots suivants sous les titres suivants : Rue Limites rue Charlotte devant toute la facade de 1'adresse municipal N° 239 13. L'annexe o M » — Zones de chargement est modifie par la suppression des mots suivants sous les titres suivants : Rue Cote Limites rue Charlotte ouest a partir d'un point situ& a 26 metres au nord de la rue Princess jusqu' a un point situ& 9 metres plus loin en direction nord rue Charlotte ouest a partir d'un point situ& a 5,4 metres au sud de la rue Princess jusqu' a un point situ& 9,6 metres plus loin en direction sud 151 14. Schedule "M" — Loading Zones is amended by adding the following words under the following headings: Street Side Limits Charlotte East Commending at a point Street 5.4 metres south of Princess Street and extending 9.6 metres Southerly 15. Schedule "N" — Streets for Residential Zone Parking Permits is amended by deleting the following words under the following headings: Zone E Street Side Limits Charlotte St. Both Queen Square North to Vulcan Street Charlotte St. Both Civic No. 201 to Civic No. 215 Charlotte Both In front of Civic Street No. 239 14. L' annexe« M » — Zones de chargement est modifi& par 1'adjonction des mots suivants sous les titres suivants : Rue Cote Limites rue Charlotte est a partir d'un point situ& a 5,4 metres au sud de la rue Princess jusqu' a un point situ& 9,6 metres plus loin en direction sud 15. L'annexe « N » — Rues concernant les permis de stationnement dans une zone r6sidentielle est modifi& par la suppression des mots suivants sous les titres suivants : Zone E Rue Cote Limites rue Charlotte des deux de la place Queen c6t&s Nord a la rue Vulcan rue Charlotte des deux adresse c6t&s municipale N° 201 a 1'adresse municipale N° 215 rue Charlotte des deux devant 1' adresse c6t&s municipale N° 239 16. Schedule "N" —Streets for Residential Zone 16. L' annexe « N » — Rues concernant les Parking Permits is amended by adding the permis de stationnement dans une zone following words under the following headings: `M Zone E Street Side Limits Charlotte St. Both Broad Street to Vulcan Street Charlotte St. East Queen Square North to Broad Street Charlotte St. East Civic No. 201 to Civic No. 215 Charlotte East In front of Civic Street No. 239 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., 2023 signed by: residentielle est modifie par 1'adjonction des mots suivants sous les titres suivants : Zone E Rue Cote Limites rue Charlotte des deux de la rue Broad a cotes la rue Vulcan rue Charlotte est de la place Queen Nord a la rue Broad rue Charlotte est adresse municipale N° 201 a 1'adresse municipale N° 215 rue Charlotte est devant 1' adresse municipale N° 239 EN FOI DE QUOI, The City of Saint John a fait apposer son sceau municipal sur le present arrete le 2023, avec les signatures suivantes : Mayor / maire City Clerk / Greffier de la municipalite First Reading - October 30, 2023 Premiere lecture Second Reading - October 30, 2023 Deuxieme lecture Third Reading - Troisieme lecture - le 30 octobre 2023 - le 30 octobre 2023 `v WIt'l! A BY-LAW TO AMEND A BY-LAW RESPECTING THE REGULATION OF PARKING IN THE CITY OF SAINT JOHN, BY-LAW NUMBER LG-8, AND AMENDMENTS THERETO ARRETE MODIFIANT L'ARRETE RELATIF A LA REGLEMENTATION DU STATIONNEMENT DANS THE CITY OF SAINT JOHN, ARRETE NUMERO LG-8, ET MODIFICATIONS AFFERENTES Be it enacted by the Common Council of Lors d'une reunion du conseil municipal, The City of Saint John as follows: The City of Saint John a decrete ce qui suit: A By-law of The City of Saint John entitled "A By-law respecting the Regulation of Parking in The City of Saint John, By-law Number LG-8" and amendments thereto, enacted on the 271h day of January, A.D. 2020, is hereby amended as follows: 1. Schedule "A" — Parking Zones is amended by deleting the following words under the following headings: Street Side Limits Charlotte Both King Square South Street to Duke Charlotte West Duke Street to Street Queen Street Charlotte West Union Street to Street North Market Street 2. Schedule "A" — Parking Zones is amended by adding the following words under the following headings: Street Side Limits Charlotte Street East King Square South to Duke Par les presentes, 1' arrete de The City of Saint John intitule « Arrete relatif a la reglementation due stationnement dans The City of Saint John, Arrete numero LG-8 » et modifications afferentes, decrete le 27' jour de janvier 2020, est modifie comme suit: 1. L'annexe « A » — Zones de stationnement est modifie par la suppression des mots suivants sous les titres suivants : Rue Cote Limites rue Charlotte des du carre King Sud a deux la rue Duke cotes rue Charlotte ouest de la rue Duke a la rue Queen Rue Charlotte ouest de la rue Union a la rue North Market 2. L'annexe « A » — Zones de stationnement est modifie par 1'adjonction des mots suivants sous les titres suivants : Rue Cote Limites rue Charlotte est du carre King Sud a la rue Duke 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., 2023 signed by: First Reading Second Reading Third Reading EN FOI DE QUOI, The City of Saint John a fait apposer son sceau municipal sur le present arrete le 2023, avec les signatures suivantes : Mayor / maire City Clerk / Greffier de la municipalite - October 30, 2023 - October 30, 2023 Premiere lecture Deuxieme lecture Troisieme lecture - le 30 octobre 2023 - le 30 octobre 2023 `PV COMMON COUNCIL REPORT M&C No. 2024-264 Report Date October 09, 2024 Meeting Date October 15, 2024 Service Area Strategic Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT. 2025 Draft General and Utility Fund Capital Budgets AUTHORIZATION Primary Authors Commissioner/Dept. Chief Chair of the Head Administrative Finance Officer Committee Craig Lavigne/ Kevin Fudge/lan J. Brent Councillor Gary Michael Baker Fagan McGovern Sullivan RECOMMENDATIONS It is recommended that Common Council approve the following recommendations. "Approve the 2025 General Fund Capital Budget for $39,942,363 with a City Share of $21,140,000 and an Other Share of $18,802,363 for receive and file" "Approve the 2025 Utility Fund Capital Budget for $14,067,165 with a Utility Share of $8,343,000 and an Other Share of $5,724,165 for receive and file" EXECUTIVE SUMMARY Staff presented a draft 2025 Capital Budget for both the General Fund and the Utility Fund to the Finance Committee at its meetings held on July 24th, 2024, and September 18th, 2024. It was recommended at the September 18th meeting to forward the draft budgets to Common Council for recommendation. Two minor modifications to the draft 2025 General Fund Capital program, compared to what was presented to Finance Committee on September 18th, are being proposed by staff which are detailed in the report section of the M&C. `PrIl -2- PREVIOUS RESOLUTIONS It is recommended: "The Finance Committee approve the 2025 General Fund Capital Budget for $39,742,363 with a City Share of $20,940,000 and an Other Share of $18,802,363 and forward to the next meeting of Common Council for receive and file" "The Finance Committee approve the 2025 Utility Fund Capital Budget for $14,067,165 with a Utility Share of $8,343,000 and an Other Share of $5,724,165 and forward to the next meeting of Common Council for receive and file" REPORT General Fund The recommended 2025 Draft General Fund Capital Budget aligns with Council's priorities to make investments in smart Growth; to achieve sustainable growth by promoting Green practices; to improve livable and vibrant communities so residents feel like they Belong, to Move with focused investments that support sustainable transportation choices, and to create value for the use of taxpayer dollars through demonstrated Performance. The budget aligns with the Capital Budget Policy, Debt Management Policy, Financial Principles and the Asset Management Policy. The 2025 draft General Fund Capital Budget totals $39,942,363 with $30,942,363 (77%) funded from pay as you go (capital from operating), City capital reserves and other government funding sources while the remaining $9 million is to be funded by debt issue. The budget has funding from the federal Canada Community Building Fund (CCBF), federal Disaster Mitigation & Adaptation fund (DMAF), Integrated Bilateral (federal and provincial) funding and federal Active Transportation funding. The capital budget also complies with the City's Capital Budget Policy, within the threshold that investments do not exceed 20% in new infrastructure such that 80% addresses the City's large infrastructure deficit. There are two minor adjustments proposed based on what was presented to the Finance Committee on September 181". The following table details the two projects that were added to the draft 2025 General Fund Capital program as well as one project that was removed. The removed project (Glenn Falls Dam — Safety Assessment) will be relisted and considered in the 2026 Capital Budget discussions. `N'f:3 -3- Project / Location / Description Other Share City Share Projects proposed to be added to the draft 2025 General Fund Program Pickle Ball Court — Design and $ $ construction of a new pickle ball court. - 150,000 Speed Cushions — Various Locations. To be completed as part of the 2025 $ $ Asphalt Resurfacing Project. - 200,000 ($200,000 coming from Capital Reserve funding) Project proposed to be removed from the draft 2025 General Fund Program Glenn Falls Dam — Complete a dam $ $ safety assessment of the Upper Glenn _ 150,000 Falls Dam It should be noted that in order to fully fund a new Pickle Ball Court funding from the 2022 General Fund Program will also be used as there is available funding under the 2022 Project titled Sports Enhancements — Design and construction services to enhance City sporting facilities (i.e. Fields and courts). The overall total budget for the Pickle Ball Court will be $300,000 when considering 2022 and 2025 funding. The 2025 General Fund Capital Budget includes over $18 million in funding from other levels of government, including funding from the Regional Development Corporation (RDC), Canada Community Building Fund (CCBF), Integrated Bilateral Funding, Atlantic Canada Opportunity Agency (ACOA), Federal Rail Safey Improvement Program, Envision Saint John and from Fundy Regional Service Commission. This funding is allowing the City to make key investments in its Regional Facilities, Active Transportation (Harbour Passage), Tourism (reimagination of the former Barbours Store site), Asphalt Resurfacing, Curb and Sidewalk Renewal, Street Reconstruction and Reimagination, Traffic Safety and support for housing through sewer separation. It should be noted that some of the Other Share funding allocated in the draft 2025 General Fund Capital budget has not been formally confirmed. Applications for this funding will be submitted once the capital budget is approved and the project scopes of work solidified. The 2025 General Capital Budget includes funding for new community assets for projects such as the Reimagination of the Barbour's General Store Site, Extension of Harbour Passage (The Cove), New Tractor for Harbour Passage, Upgrades to Rainbow Park Phase 1, Retail Drive Realignment Project, New Permanent Traffic liP10.1 -4- Island for Thorne Avenue, upgrades to the Ihtoli-magahamok (The Gathering Space) and funding for a new Roundabout. With respect to the City's existing infrastructure and assets, applying asset management best practices and guided by the City's various strategic plans, the 2025 General Fund Capital includes strategic investments in Facilities (Canada Games Aquatic Centre ($450K), TD Station (approximately $1.4M), Arts Centre ($27K)), Arenas ($284K) and various Fire Stations ($323K). The budget also includes funds to advance the City Market Strategic Plan ($500K), includes phase 1 funding to replace a Saint John Fire Ladder Truck ($1M), investment to replace the City's out of date Enterprise Resource Planning (ERP) system ($2.5M), further investment in Saint John Transit (approximately $2.7M), funds to complete an asset management assessment of the City's Parks and Recreation Facilities ($150K), Asphalt Curb/Sidewalk renewal ($3M), Road Reconstruction Projects (approximately $10.3M), various storm and dam projects (approximately $3.1M), investment to waterproof membrane of the Union Street Tunnel ($650K) and investments to support Saint John police ($886K) including implementing new technology and systems. Saint John Water The Recommended 2025 Saint John Water Capital Budget is $14,067,165 which includes no new debt, $8,343,000 funded from Pay as you Go and Reserves and $5,724,165 in funding from other government sources including DMAF, CCBF, and Integrated Bilateral Funding. Saint John Water investments are much more than replacing underground infrastructure. It includes investments that impact climate change and the environment such as the reconstruction of the wastewater lift stations above flood level to ensure reliable collection of wastewater and for protection of the environment. The budget includes investments that enhance the reliability of the water and wastewater systems, investments that improve the City's watershed and key investments to support the City meeting its growth objectives. The budget includes significant investments in the sanitary systems including $2.85M in wastewater pumping stations on Dwyer Road, Bridge Street and Kennebecasis Drive; $700K for wastewater treatment plants in Morna and Greenwood, and approximately $1.98M in sanitary sewer replacement. With respect to the water network, the budget includes over $3.3M in watermain renewal on McAllister Drive, Charlotte Street, Sydney Street and Saint John Street. In addition, the budget invests approximately $2.4M in the rehabilitation of the water storage tank in Lakewood Heights. -5- Conclusion Infrastructure renewals and new investments are critical to meet the changing environment as well as meet the needs and desires of residents across the City. Due to rising design and construction costs overall, infrastructure deficits are on the rise and it is more important than ever that the City's investments are to be strategic. The budgets continue to align with asset renewal while focusing on growth of the tax base and population, public safety, transit, recreation and updating the City's aging enterprise software. STRATEGIC ALIGNMENT The proposed 2025 draft General Fund and Utility Fund Capital Budgets are aligned with Councils' priorities, Capital Budget Policy, Long Term Financial Plan, Debt Management Plans, Asset Management Plan, Central Peninsula Neighborhood Plan, Play SJ, Move SJ, and Plan SJ. SERVICEAND FINANCIAL OUTCOMES The City's share of the 2025 Draft General Fund Capital budget will be funded through the following sources • Capital from Operating $6.3M • Borrowing — $ 9M • Capital Reserve Funding - $5.84M The Utility Budget will be funded with $8,343,000 from the operating budget and $5,724,165 coming from other sources. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Input has been received from Finance Committee, Service Areas, the ABCs and Senior Leadership Team. ATTACHMENTS Exhibit 1— 2025 Draft General Fund Capital Budget Exhibit 2 — 2025 Draft Utility Fund Capital Budget -6- Exhibit 3 — Finance Committee Report 2025 Draft General Fund and Utility Fund Capital Budgets flM Proposed ProLyram Summary For - 2025 Category No. of Projects Other Share City Share Total Corporate Performance 4 $0 $4,425,000 $4,425,000 Facility and Asset Management 30 $1,603,000 $3,841,000 $5,444,000 Growth Projects 1 $2,300,500 $1,050,250 $3,350,750 Parks & Recreation Services 7 $387,000 $1,323,000 $1,710,000 Protective Services 4 $0 $886,000 $886,000 Saint John Parking 1 $0 $250,000 $250,000 Transit 5 $16,000 $2,664,000 $2,680,000 Transportation 17 $12,091,413 $5,983,750 $18,075,163 Urban and Rural Storm 7 $2,404,450 $717,000 $3,121,450 TOTALS: 76 $18,802,363 $21,140,000 $39,942,363 Summary of Capital Costs (City Share) Urban and Rural Storm 3% Corporate Performance 21% Transportation 29% Transit 13% Saint John Parking - 1% Protective Services- 4% cility and Asset Management 18% W\- Growth Projects -5% Parks & Recreation Services- 6% `W MDH: MUNICIPAL DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS RDH: REGIONALLY DESIGNATED HIGHWAYS This is a tentative program listing of proposed capital projects. w&s/Pvt: WATER AND SEWER or PAVEMENT RELATED PROJECTS This list has not been approved by Common Council. C-**: PROJECTS CARRIED OVER FOR COMPLETION THE FOLLOWING YEAR PROJECTS INDICATED WITH * ARE DEPENDANT ON FUNDING FROM OTHERS Priority assignments are subject to change at any time. G&D: PROJECT IS FOR GROWTH AND DEVELOPMENT Corporate Performance Project Location Description Other city Share Share Information Technology City Hall Improve limited cellular service on the first level of City Hall with a cellular booster. Information Technology Various Locations Implementation of a new ERP system which will include resourcing, training and configuration (Phase 2). ($500,000 from Capital Reserve Funding) IT Replacement Various Locations IT Asset Replacement. ($750,000 from IT Reserve) Ladder Truck Various Locations Purchase of a new Fire Ladder Truck. (Phase I of 4) TOTAL: 0 175,000 0 2,500,000 0 750,000 0 1,000,000 L0 $4,425,000 iM-111 MDH: MUNICIPAL DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS RDH: REGIONALLY DESIGNATED HIGHWAYS This is a tentative program listing of proposed capital projects. w&s/Pvt: WATER AND SEWER or PAVEMENT RELATED PROJECTS This list has not been approved by Common Council. C-**: PROJECTS CARRIED OVER FOR COMPLETION THE FOLLOWING YEAR PROJECTS INDICATED WITH * ARE DEPENDANT ON FUNDING FROM OTHERS Priority assignments are subject to change at any time. G&D: PROJECT IS FOR GROWTH AND DEVELOPMENT Facility and Asset Management Project Location Description Other Share City Share * Facility and Asset Canada Games Aquatic Centre Enabling Accessibility Project. Other Share 91,250 13,750 Management funding from FRSC & the Federal Government ($80,000). * Facility and Asset Canada Games Aquatic Centre Replace Leisure Pool Skimmer Pump. Other 9,000 11,000 Management Share funding from FRSC. * Facility and Asset Canada Games Aquatic Centre Replace AHU-4 at End of it's useful life. Other 33,750 41,250 Management Share funding from FRSC. * Facility and Asset Canada Games Aquatic Centre Replace Competition Pool Waterslide. Other 90,000 110,000 Management share funding from FRSC. * Facility and Asset Canada Games Aquatic Centre Replace Various Fitness Equipment 22,500 27,500 Management Apparatuses and Soundproofing. Other Share funding from FRSC. * Facility and Asset Carleton Community Centre Replace Ashpalt Roofing. City Share funding 60,000 90,000 Management contingent on obtaining RDC funding. * Facility and Asset Carnegie Building Replace Upper Level Carpeting. Other Share 6,750 8,250 Management funding from FRSC. * Facility and Asset Carnegie Building Replace Suspended Ceiling in Lecture Hall. 5,400 6,600 Management Other Share funding from FRSC. Facility and Asset City Market Design and construction to implement Strategic 0 500,000 Management Plan Fit -ups: Retrofit ($500,000 from Capital Reserve funding) Facility and Asset City Market Replace Refrigeration Unit that is at the end of 0 100,000 Management it's useful life. * Facility and Asset Climate Change Municipal Buildings and Water Facilities Deep 25,000 100,000 Management Energy Retrfofit. Other Share funding from NB Power. Facility and Asset Fire Station 81 Replace Backup Generator Unit that is at the 0 200,000 Management end of it's useful life. Facility and Asset Fire Station 14 (Phase One) Brick Repointing on Southside 0 50,000 Management Facility and Asset Fire Station 87 Replace Upper Level Ceiling Tiles. 0 25,000 Management Facility and Asset Fire Station 87 Replace Upper Level VCT Flooring. 0 48,000 Management Facility and Asset Golf Course Building Replace Modified Bitumen Roofing Unit that is 0 50,000 Management at the end of it's useful life. Facility and Asset Municipal Operations Complex Washroom Upgrades (4 washrooms). Design to 0 350,000 Management (Main Building) include sound proofing. * Facility and Asset Peter G. Murray Arena Replace Rubber Mats. City Share funding 16,000 24,000 Management contingent on obtaining RDC funding. `W MDH: MUNICIPAL DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS RDH: REGIONALLY DESIGNATED HIGHWAYS This is a tentative program listing of proposed capital projects. w&s/Pvt: WATER AND SEWER or PAVEMENT RELATED PROJECTS This list has not been approved by Common Council. C-**: PROJECTS CARRIED OVER FOR COMPLETION THE FOLLOWING YEAR PROJECTS INDICATED WITH * ARE DEPENDANT ON FUNDING FROM OTHERS Priority assignments are subject to change at any time. G&D: PROJECT IS FOR GROWTH AND DEVELOPMENT Facilitv and Asset Management Project Location Description Other Share city Share * Facility and Asset Peter G. Murray Arena Replace BAC Cooling Tower 91 Unit that is at 28,800 43,200 Management the end of it's useful life. City Share funding contingent on obtaining RDC funding. * Facility and Asset Peter G. Murray Arena Replace BAC Cooling Tower #2 Unit that is at 28,800 43,200 Management the end of it's useful life. City Share funding contingent on obtaining RDC Funding. Facility and Asset Police Headquarters Phased replacement of Heat Pump Units that 0 100,000 Management are at the end of their useful lives. * Facility and Asset Stewart Hurley Arena Replace Chiller that is at the end of if s useful 40,000 60,000 Management life. City Share funding contingent on obtaining RDC funding. * Facility and Asset TD Station Create Stand Alone Emergency Paging System. 13,500 16,500 Management Other Share funding from the FRSC. * Facility and Asset TD Station Replace AHU B with 25 Ton Heat Pump. Other 540,000 660,000 Management Share funding from the FRSC. * Facility and Asset TD Station Replace Bobcat at End of Useful Life. Other 24,750 30,250 Management Share funding from the FRSC. * Facility and Asset TD Station Replace Forklift Short Mast at End of Useful 22,500 27,500 Management Life. Other Share funding from the FRSC. * Facility and Asset TD Station Replace Painted Metal Exit and Service Doors 45,000 55,000 Management at End of Useful Life. Other Share funding from the FRSC. * Facility and Asset Union Street Tunnel Waterproofing of Membrane and Foundation of 260,000 390,000 Management Union Street tunnel. City Share funding contingent on obtaining RDC funding. * Lily Lake Deck Rockwood Park/Lily Lake Replace wooden decking at Pavilion. City 240,000 360,000 Replacement Pavilion Share funding contingent on obtaining RDC funding. Safety Improvements Market Square Parking Garage / Safety design and improvements at various City Various Other City Facilities facilities. Work includes the replacement of cameras, wiring and servers at the Market Square Parking Garage that are currently at the end of their useful life TOTAL: 300,000 $1,603,000 $3,841,000 MDH: MUNICIPAL DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS RDH: REGIONALLY DESIGNATED HIGHWAYS This is a tentative program listing of proposed capital projects. w&s/Pvt: WATER AND SEWER or PAVEMENT RELATED PROJECTS This list has not been approved by Common Council. C-**: PROJECTS CARRIED OVER FOR COMPLETION THE FOLLOWING YEAR PROJECTS INDICATED WITH * ARE DEPENDANT ON FUNDING FROM OTHERS Priority assignments are subject to change at any time. G&D: PROJECT IS FOR GROWTH AND DEVELOPMENT Growth Proiects Project Location Description Other city Share Share * Barbour's General Store King Street @ Prince William Additional funding for the reimagination of the 2,300,500 1,050,250 Street Barbours General Store including design and construction management services. City share dependant on Other share being obtained from RDC, ACOA, Envision and Insurance ($200,000). TOTAL: $2,300,500 $1,050,250 `ff- A MDH: MUNICIPAL DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS RDH: REGIONALLY DESIGNATED HIGHWAYS This is a tentative program listing of proposed capital projects. w&s/Pvt: WATER AND SEWER or PAVEMENT RELATED PROJECTS This list has not been approved by Common Council. C-**: PROJECTS CARRIED OVER FOR COMPLETION THE FOLLOWING YEAR PROJECTS INDICATED WITH * ARE DEPENDANT ON FUNDING FROM OTHERS Priority assignments are subject to change at any time. G&D: PROJECT IS FOR GROWTH AND DEVELOPMENT Parks & Recreation Services Project Location Description Other city Share Share Ihtoli-maqahamok The Gathering Space Upgrades to the Gathering Space including 150,000 350,000 lighting controls, pole cameras, mobile/ static show cameras, drum riser, portable control booth, etc. Other Share coming from Other share funding. Fence Replacement Ellerdale Street Replacement of existing fencing at the Ellerdale 0 75,000 Street Playground. * Harbour Passage Riverview Avenue West Supplemental funding for the extension of 237,000 158,000 Extension Harbour Passage (The Cove) between Riverview Drive and Riverview Avenue on the West side. This project has funding approved under the Active Transportation Fund. New Tractor for Harbour Various locations New Tractor with cab for plowing harbour 0 150,000 passage passage. Tractor to include broom attachment, plow attachment, tiller attachment, bucket loader and rough mower. Parks and Recreation Various Locations Complete Parks & Recreation Facility Asset 0 150,000 Facilities assessment and plan. Pickle Ball Court Location to be determined Design and construction of a new pickle ball 0 150,000 court. Rainbow Park Sydney Street/Broad Complete upgrades to the Rainbow Park 0 290,000 Street/Charlotte Street playground and surrounding area. Upgrades to include, based on available funding, a vegetable garden, open space, memorial garden, tot lot, sand play area, covered seating area, pod sculptures, berm buffers, and picnic area. (Phase 1 of 2) ($290,000 from Capital Reserve Funding) TOTAL: $387,000 $1,323,000 MDH: MUNICIPAL DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS RDH: REGIONALLY DESIGNATED HIGHWAYS This is a tentative program listing of proposed capital projects. w&s/Pvt: WATER AND SEWER or PAVEMENT RELATED PROJECTS This list has not been approved by Common Council. C-**: PROJECTS CARRIED OVER FOR COMPLETION THE FOLLOWING YEAR PROJECTS INDICATED WITH * ARE DEPENDANT ON FUNDING FROM OTHERS Priority assignments are subject to change at any time. G&D: PROJECT IS FOR GROWTH AND DEVELOPMENT Protective Services Project Location Description Other city Share Share Cameras Police Station/PSCC Upgrade all internal and external video cameras and related systems at I Peel Plaza. Daniel Defense Patrol Police Station Replace Daniel defence patrol rifles and related Rifles accessories to maintain standard equipment. Vehicle and asset storage Police Station Develop side area for vehicle and asset storage, including potential small structure. Versaterm Technology Police Station/PSCC Implement Versaterm technology, second stage, including CAD and MDB systems. 0 104,000 0 69,000 0 287,500 0 425,500 $0 $886,000 `Mel MDH: MUNICIPAL DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS RDH: REGIONALLY DESIGNATED HIGHWAYS This is a tentative program listing of proposed capital projects. w&s/Pvt: WATER AND SEWER or PAVEMENT RELATED PROJECTS This list has not been approved by Common Council. C-**: PROJECTS CARRIED OVER FOR COMPLETION THE FOLLOWING YEAR PROJECTS INDICATED WITH * ARE DEPENDANT ON FUNDING FROM OTHERS Priority assignments are subject to change at any time. G&D: PROJECT IS FOR GROWTH AND DEVELOPMENT Saint John Parkin Project Location Description Other City Share Share Parking Peel Plaza & Market Square Supplemental funding for new gates & pay 0 250,000 Parking Garages stations at Peel Plaza & Market Square Parking Garages. TOTAL: $0 $250,000 MAN MDH: MUNICIPAL DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS RDH: REGIONALLY DESIGNATED HIGHWAYS This is a tentative program listing of proposed capital projects. w&s/Pvt: WATER AND SEWER or PAVEMENT RELATED PROJECTS This list has not been approved by Common Council. C-**: PROJECTS CARRIED OVER FOR COMPLETION THE FOLLOWING YEAR PROJECTS INDICATED WITH * ARE DEPENDANT ON FUNDING FROM OTHERS Priority assignments are subject to change at any time. G&D: PROJECT IS FOR GROWTH AND DEVELOPMENT Transit Project Location Description Other city Share Share 2- Zero Emission 40' buses 20' bus * Bus Shelter Cameras Para transit Various Locations Various Locations Bottom of King Street Various Locations Various Locations Replace two 40 ft Zero Emission buses (Phase 2 of 2). Replace one 20 ft bus. Replacement of existing bus shelter. City Share funding contingent on obtaining RDC funding. Replace camera equipment at end of its useful life. Replace existing Para transit bus. TOTAL: 0 1,840,000 0 390,000 16,000 24,000 0 250,000 0 160,000 16 000 $2,664,000 171 MDH: MUNICIPAL DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS RDH: REGIONALLY DESIGNATED HIGHWAYS This is a tentative program listing of proposed capital projects. w&s/Pvt: WATER AND SEWER or PAVEMENT RELATED PROJECTS This list has not been approved by Common Council. C-**: PROJECTS CARRIED OVER FOR COMPLETION THE FOLLOWING YEAR PROJECTS INDICATED WITH * ARE DEPENDANT ON FUNDING FROM OTHERS Priority assignments are subject to change at any time. G&D: PROJECT IS FOR GROWTH AND DEVELOPMENT Transbortation Project Location Description Other City Share Share Roadway Reduction Plan Various Locations Complete conceptual designs to establish road 0 100,000 diets throughout the City. Work will include completing cost estimates for each plan to be added to future Capital Programs. * Asphalt Roadway Various locations Renewal of asphalt roadway, concrete curb and 1,500,000 0 Resurfacing and Curb & sidewalk including drainage control and Sidewalk Renewal landscaping. Depending on required funding and/or Infrastructure for the 2025 Asphalt Resurfacing Program Renewal & Roadway funding may also be spent on an infrastructure Reconstruction project renewal and/or road reconstruction project. Project to be funded under CCBF funding (2019-2023 Program). * Asphalt Roadway Various locations Renewal of asphalt roadway and concrete curb 1,500,000 0 Resurfacing and Curb & and sidewalk including drainage control and Sidewalk Renewal - landscaping in conjunction with the annual Neighbourhoods asphalt roadway maintenance and rehabilitation program. Funding contingent on the City obtaining CCBF Funding (2024-2028 Program). Brine Equipment West Depot Replacement of Brine Making Equipment that 0 300,000 Replacement is at the end of it's useful life. * Canterbury Street Princess Street to Duke Street Street reconstruction (excavation, backfill, 850,000 0 curb, sidewalk, paving), including design and construction management services. Project to be funded under CCBF funding (2019-2023 Program). Engineering Various locations Funding for engineering investigations and 0 100,000 Investigations and Design design for various projects under Transporation and Storm categories. Fleet Replacement Various Locations Fleet Replacement ($2,500,000 coming from 0 2,500,000 Fleet Reserve). * Glen Road Simpson Drive to Connaught Street Reconstruction of approximatley 310m 1,300,000 0 Avenue of street (Excavation, backfill, geo grid, shale rock layer, geo grid, curb, sidewalk, landscaping and paving), including design and construction management services. Asphalt pavements $198,000 / 0.77LK. Funding contingent on the City obtaining CCBF Funding (2024-2028 Program). Guiderail Various locations Renewal of guiderail throughout the City that is 0 100,000 at the end of its useful life ($100,000 from Capital Reserve funding). MDH: MUNICIPAL DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS RDH: REGIONALLY DESIGNATED HIGHWAYS This is a tentative program listing of proposed capital projects. w&s/Pvt: WATER AND SEWER or PAVEMENT RELATED PROJECTS This list has not been approved by Common Council. C-**: PROJECTS CARRIED OVER FOR COMPLETION THE FOLLOWING YEAR PROJECTS INDICATED WITH * ARE DEPENDANT ON FUNDING FROM OTHERS Priority assignments are subject to change at any time. G&D: PROJECT IS FOR GROWTH AND DEVELOPMENT Transbortation Project Location Description Other City Share Share * Permanent Island Thorne Avenue Install permanent traffic island solution on 307,000 40,000 Installation Thorne Avenue at Superstore entrance. Project funded through the Federal Rail Safety Improvement Program. Point Road Opposite Civic 9500 Construction of a renewed retaining wall, guide 0 285,528 rail and pavement, including design and construction management services. * Retail Drive Realignment Oakland Street to Rothesay Road realignment to eliminate the double 3,387,635 1,232,100 Avenue intersection on Rothesay Avenue. Project is partially funded under the Bilateral program. Road Reconstruction Various locations Street Recontruction of a roadway that is 750,000 0 beyond its useful life. Project to be funded under the CCBF (2019-2023) program. Roundabout at Sandy Sandy Point Road/Foster Install a new roundabout at intersection 1,100,000 1,000,000 Point Road/Foster Thurston Intersection including all construction management Thurston services. Funding contingent on the City obtaining CCBF Funding (2024-2028 Program). ($1,000,000 coming from Capital Reserve funding) Speed Cushions Various locations Constrution of speed cushions on various 0 200,000 streets for traffic calming measures. To be completed as part of the 2025 Asphalt Resurfacing Project. ($200,000 coming from Capital Reserve funding) w&s * St. John Street Lancaster Street to Civic 9318 Street reconstruction (excavation, backfill, 1,050,000 0 Dufferin Row and City Line to curb, sidewalk, landscaping and paving) Maryanne Court including design and construction management services. Asphalt pavements $300,000 / LK 0.99. Funding contingent on the City obtaining CCBF Funding (2024-2028 Program). w&s * Sydney Street Broad Street to St. James Street Street reconstruction (excavation, backfill, 346,778 126,122 curb, sidewalk, landscaping, paving), including design and construction management services. Asphalt pavements $76,000 / 0.50LK. Project to be funded under Bilateral Funding. TOTAL: $12,091,413 $5,983,750 MDH: MUNICIPAL DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS RDH: REGIONALLY DESIGNATED HIGHWAYS This is a tentative program listing of proposed capital projects. w&s/Pvt: WATER AND SEWER or PAVEMENT RELATED PROJECTS This list has not been approved by Common Council. C-**: PROJECTS CARRIED OVER FOR COMPLETION THE FOLLOWING YEAR PROJECTS INDICATED WITH * ARE DEPENDANT ON FUNDING FROM OTHERS Priority assignments are subject to change at any time. G&D: PROJECT IS FOR GROWTH AND DEVELOPMENT Urban and Rural Storm Project Location Description Other Share city Share * Canterbury Street Princess Street to Duke Street Install approx. 50m of new 300 mm storm 150,000 0 sewer, including design and construction management services. Project to be funded under the CCBF (2019-2023) program. Mystery Lake Flow Mystery Lake Design services to replace the Mystery Lake 0 120,000 Control Structure Dam and installation of a new fish ladder. Rainbow Park Area Sydney Street to Charlotte Street Install approx. 145m of new 600 mm storm 400,000 0 sewer, including design and construction management services. Project to be funded under the CCBF (2019-2023) program. * Retail Drive Realignment Oakland Street to Rothesay Road Realignment to eliminate the double 935,450 341,000 Avenue intersection on Rothesay Avenue, including renewal of storm infrastructure. Other Share funding from Bilateral Funding. Sea Street Drainage Basin Sea Street area. Investigations & conceptual design services of 0 150,000 improvements to the Sea Street storm water catchment. Including the Sea Street Storm Water Assessment and separation of Center Street and Pleasant Street. w&s * St. John Street Lancaster Street to Civic 9318 Install approx. 320 in of 300 mm storm sewer 625,000 0 Dufferin Row and City Line to for separation, including design and Maryanne Court construction management services. Funding contingent on the City obtaining CCBF Funding (2024-2028 Program). w&s * Sydney Street Broad Street to St. James Street Install approx. 75m of new 1050 mm storm 294,000 106,000 sewer, including design and construction management services. Project to be funded under Bilateral Funding. TOTAL: $2,404,450 $717,000 ` FM Proposed Program Summary For - 2025 Category No. of Other Utility Total Projects Share Share Industrial Water Renewal - East 2 $276,960 $300,040 $577,000 Infrastructure Renewal - Sanitary 11 $2,246,658 $3,833,343 $6,080,000 Infrastructure Renewal - Water 11 $3,200,547 $3,993,618 $7,194,165 Safe, Clean Drinking Water 1 $0 $216,000 $216,000 TOTALS: 25 $5,724,165 $8,343,000 $14,067,165 Summary of Capital Costs (Utility Share) Safe, Clean Drinking - 2.6% Industrial Water Renewal - East - 3.6% All I kk Infrastructure Renewal - Sanitary 45.9% Infrastructure Renewal - Wate r 47.9% MDH: MUNICIPAL DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS RDH: REGIONALLY DESIGNATED HIGHWAYS This is a tentative program listing of proposed capital projects. w&s: WATER AND SEWER RELATED PROJECTS This list has not been approved by Common Council. G&D: PROJECT IS FOR GROWTH AND DEVELOPMENT Priority assignments are subject to change at any time. *: PROJECTS DEPENDANT ON FUNDING FROM OTHERS Industrial Water Renewal - East Project Location Description Other Utility Share Share * Loch Lomond Watershed * Loch Lomond Watershed McBrien Lake Dams Complete improvements to the access road to 207,360 224,640 McBrien Lake Southwest Dam and complete a detailed design to renew the Southwest dam. (Phase 2 of 4) Other Share funding from Industrial users. Robertson Lake Dam Design services to increase flow capacity for 69,600 75,400 discharging water through the concrete structure at the Robertson Lake Dam. Possible solutions may include the fabrication of new stop logs or bulkheads. Other share funding from Industrial users. TOTAL: $276,960 $300,040 MDH: MUNICIPAL DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS RDH: REGIONALLY DESIGNATED HIGHWAYS This is a tentative program listing of proposed capital projects. w&s: WATER AND SEWER RELATED PROJECTS This list has not been approved by Common Council. G&D: PROJECT IS FOR GROWTH AND DEVELOPMENT Priority assignments are subject to change at any time. *: PROJECTS DEPENDANT ON FUNDING FROM OTHERS Infrastructure Renewal - Sanitar Project Location Description Other Utility Share Share Asset Management Various Locations Complete an asset management assessment and 0 50,000 plan for sanitary facilities that have vertical infrastructure. Lancaster Lagoon Sludge Lancaster Lagoon WWTF Funding to remove sludge from the Lancaster 0 500,000 Removal Lagoon facility to be completed as part of the overall Aeration System Upgrade Project. Morna and Greenwood 139 Bay Crescent Dr. & 173 Upgrades to the Morna and Greenwood 0 700,000 WWTP Improvements Karen St. WWTP's. WWPS Lift Station B 375 Dwyer Road Replacement of a wastewater pumping station 0 1,100,000 that is at the end of its asset life to provide for reliable collection of wastewater, including design and construction management services. * Charlotte Street St James Street to Queen Square Renew approx. 50m of 375mm T.C. sanitary 131,994 48,006 North sewer, including design and construction management services. Project to be partially funded under Bilateral Funding. * Sydney Street Broad Street to St. James Street Renew approx. 45m of 225mm T.C. (1888) 69,664 25,337 with new 200mm sanitary sewer, including design and construction management services. Project to be partially funded under Bilateral Funding. * WWPS Bridge Street 101 Bridge Street Reconstruct lift station above flood level to 340,000 510,000 provide for reliable collection of wastewater, including design and construction management services. Project to be partially funded under DMAF . WWPS Kennebecasis 2 300 Kennebecasis Drive Reconstruct lift station above flood level to 900,000 provide for reliable collection of wastewater, including design and construction management services. G&D * Heather Way Dunnett Drive to Boyaner Install approx. 180 in of new 300 mm sanitary 485,000 0 Crescent sewer, including design and construction management services. Funding contingent on the City obtaining CCBF Funding (2024-2028 Program). G&D* Retail Drive Area Rockwood Avenue to Civic # 16 Renew approx. 125 in of 450mm sanitary 350,000 0 sewer, including construction management services. Funding contingent on the City obtaining CCBF Funding (2024-2028 Program). MDH: MUNICIPAL DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS RDH: REGIONALLY DESIGNATED HIGHWAYS This is a tentative program listing of proposed capital projects. w&s: WATER AND SEWER RELATED PROJECTS This list has not been approved by Common Council. G&D: PROJECT IS FOR GROWTH AND DEVELOPMENT Priority assignments are subject to change at any time. *: PROJECTS DEPENDANT ON FUNDING FROM OTHERS Infrastructure Renewal - Sanitary Project Location Description Other Utility Share Share G&D * St. John Street Lancaster Street to Civic 9318 Renew approx. 320 m of 300 mm and 375 mm 870,000 Dufferin Row and City Line to T.C. with a (sewer score of 3.5) with 375 mm Maryanne Court sanitary sewer, including design and construction management services. Funding contingent on the City obtaining CCBF Funding (2024-2028 Program). TOTAL: $2,246,658 $3,833,343 MDH: MUNICIPAL DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS RDH: REGIONALLY DESIGNATED HIGHWAYS This is a tentative program listing of proposed capital projects. w&s: WATER AND SEWER RELATED PROJECTS This list has not been approved by Common Council. G&D: PROJECT IS FOR GROWTH AND DEVELOPMENT Priority assignments are subject to change at any time. *: PROJECTS DEPENDANT ON FUNDING FROM OTHERS Infrastructure Renewal - Water Project Location Description Other Utility Share Share Asset Management Various Locations Complete an asset management assessment and 0 50,000 plan for Water facilities that have vertical infrastructure. Fleet Replacement Various Locations Fleet Replacement for Saint John Water 0 875,000 ($875,000 from Fleet Reserve). McAllister Drive Moutain View Drive to Loch Renew approx. 320m of 300mm C.I. 1,855,000 0 Lomond Road watermain, including design and construction management services. Funding contingent on the City obtaining CCBF Funding (2024-2028 Program). Water Pumping Station Roxbury Drive Investigate and complete conceptual design 0 75,000 services for the construction of a new Water Booster Pumping Station. * Charlotte Street St James Street to Queen Square Renew approx. 50m of 250 mm C.I. watermain 164,972 60,000 North with new 250mm watermain, including design and construction management services. Project to be partially funded under Bilateral Funding. Engineering Various locations Funding for engineering investigations and 0 192,943 Investigations and Design design for various projects under the Water and Sanitary categories. * Sydney Street Broad Street to St. James Street Renew approx. 90m of 200mm C.I. (1922) 180,575 65,675 watermain, including design and construction management services. Project to be partially funded under Bilateral Funding. Water Tank Improvements Lakewood Heights Supplemental funding for the rehabilitation of the existing Lakewood Heights Water Storage Tank. 2,450,000 G&D * St. John Street Lancaster Street to Civic #318 Renew approx. 320 m of 200 mm watermain 1,000,000 0 Dufferin Row and City Line to (1914), including design and construction Maryanne Court management services. Funding contingent on the City obtaining CCBF Funding (2024-2028 Program). Water Tank Various Locations Design services required to move forward the 0 125,000 Rehabilitations design required to rehabilitate existing water tanks. Water Meters Various Locations Replacement of large commercial water meters, 0 100,000 including design and construction management services. (Phase 2 of 2) TOTAL: $3,200,547 $3,993,618 MDH: MUNICIPAL DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS RDH: REGIONALLY DESIGNATED HIGHWAYS This is a tentative program listing of proposed capital projects. w&s: WATER AND SEWER RELATED PROJECTS This list has not been approved by Common Council. G&D: PROJECT IS FOR GROWTH AND DEVELOPMENT Priority assignments are subject to change at any time. *: PROJECTS DEPENDANT ON FUNDING FROM OTHERS Safe, Clean Drinking Water Project Location Description Other Utility Share Share Safe, Clean Drinking Water Treatment Plant Safe, Clean Drinking Water Program Contract 0 216,000 Water Program annual Rehabilitation Payments for the Treatment plant. TOTAL: $0 $216,000 It�` ` I+ r Ir 5't. I I -� �y I I I FINANCE COMMITTEE REPORT Report Date September 16, 2024 Meeting Date September 18, 2024 Chairman Sullivan and Members of Finance Committee SUBJECT: 2025 Draft General and Utility Fund Capital Budgets OPEN OR CLOSED SESSION This matter is to be discussed in open session of the Finance Committee. AUTHORIZATION Primary Authors Commissioners/Dept. Heads Chief Administrative Officer Craig Lavigne/Mike Kevin Fudge/Ian Fagan Brent McGovern Baker RECOMMENDATION It is recommended; "The Finance Committee approve the 2025 General Fund Capital Budget for $39,742,363 with a City Share of $20,940,000 and an Other Share of $18,802,363 and forward to the next meeting of Common Council for receive and file" "The Finance Committee approve the 2025 Utility Fund Capital Budget for $14,067,165 with a Utility Share of $8,343,000 and an Other Share of $5,724,165 and forward to the next meeting of Common Council for receive and file" EXECUTIVE SUMMARY Staff presented a draft 2025 Capital Budgets for both the General Fund and the Utility Fund to the Finance Committee at its meeting held on July 24t", 2024. The purpose of this report is to highlight changes that were made to the draft budgets since the presentation on July 241n PREVIOUS RESOLUTION N/A STRATEGIC ALIGNMENT The proposed 2025 draft General Fund and Utility Fund Capital Budgets are aligned with Councils' priorities, Capital Budget Policy, Long Term Financial Plan, Debt Management Plans, Asset Management Plan, Central Peninsula Neighborhood Plan, Play SJ, Move SJ, and Plan SJ. REPORT Proposed General Fund Capital Budget Changes The majority of the changes in the proposed General Fund Capital budget were due to requests for additional priority projects to be added to the program. Table 1 below lists the three projects proposed to be added to the draft 2025 General Fund Capital Program. Table 1. Projects proposed to be added to the Draft 2025 General Fund Capital Program Project Description Other Share City Share Ihtoli- Upgrades to the Gathering Space maqahamok / The including lighting controls, pole $ 150,000 $ 350,000 Gathering cameras, mobile/ static show cameras, Space drum riser, portable control booth, etc. Safety Improvements Safety design & improvements at various / Market Cityfacilities. Work includes the Square replacement of cameras, wiring and $ $ 300,000 Parking servers at the Market Square Parking Garage & Garage that are currently at the end of Various City their useful life. Facilities Parking- Peel Plaza & Supplemental funding for new gates & Market Square pay stations at Peel Plaza & Market $ - $ 250,000 Parking Square Parking Garage. Garages Total $ 150,000 $ 900,000 As a result of these proposed projects to be added to the draft 2025 General Fund Capital Program, proposed capital project budgets had to be altered, or projects shifted to the 2026 General Fund Capital Program list in order to fit the above noted projects within the approved City share budget allotment. Table 2 & 3 below detail the proposed changes to the draft 2025 General Fund Capital Program in order to be able to add the three new projects noted above. Table 2: General Fund Capital Projects Proposed to be removed or have their budgets altered Available City Share Project / Location / New Proposed City funding to offset Notes Description Share proposed project additions in Table 1 Peel Plaza Parking Garage - Projects fully Investigate fire alarm system in removed from Draft garage. Moisture issues are $ $ 50,000 2025 General Fund causing false alarms within the Capital Program. existing system Projects will be relisted for consideration in the St Patrick Street Pedway - Design to replace suspended pedway $ $ 100,000 2026 Capital curtain wall and metal soffit at Program. Note: underside. Issues with the Peel Market Place West - Design and Plaza Parking will construction for the installation $ $ 210,000 be investigated of missing lights along Harbour through the Parking Passage. Department's Operating Budget. Market Square Parking Garage - Project relisted Replacement of cameras, wiring, under the Safety servers, that are currently at the $ $ 200,000 Improvement end of their useful life project listed in Table 1. Complete Parks & Recreation Project budget Facility Asset assessment and $ 150,000 $ 100,000 reduced from $250,000 to plan $150,000. Note: $210,000 in Rainbow Park - Complete Capital Reserve upgrades to the Rainbow park funding already playground and surrounding area. allocated to Market Upgrades to include, based on Slip Dock Project ($500,000 of available funding, a vegetable Capital Reserve garden, open space, memorial $ 290,000 $ 100,000 Funding originally garden, tot lot, sand play area, available). covered seating area, pod Therefore, New sculptures, berm buffers, and proposed project picnic area. (Phase 1 of 2) budget is $290,000 ($500,000 from Capital Reserve Funding) from Capital Reserve Funding only. `E:ic3 Table 2(cont.): General Fund Capital Projects Proposed to be removed or have their budgets altered Available City Share funding to offset Project / Location / New Proposed proposed project Notes Description City Share additions in table above Roadway Reduction Plan - Complete conceptual designs to Project budget and establish road diets throughout scope of work the City. Work will include $ 100,000 $ 100,528 reduced from completing cost estimates for $200,528 to each plan to be added to future $100,000. Capital Programs. Replacement of existing fencing Project budget at the Ellerdale Street Playground $ 75,000 $ 25,000 reduced from $100,000 to $75,000. Point Road - Opposite Civic #500 - Construction of a renewed Project budget retaining wall, guide rail and $ 285,528 $ 14,472 reduced from pavement, including design and $300,000 to construction management $285,825. services. Total $ 900,000 It should be noted that the City share within the Draft 2025 General Fund Capital program originally presented to the Finance Committee was $21,150,000. The revised City Share budget is $20,940,000. The reason for the $210,000 difference is this amount of Capital Reserve Funding was previously approved by the Finance Committee and Council for the Market Slip Dock Upgrade project. Proposed Utility Fund Capital Budget Changes There are only minor changes proposed to the draft 2025 Utility Fund Capital Budget. Two projects were added to the proposed program and two projects were removed. The Utility Share and Other Share remain the same as what was previously presented to the Finance Committee in July. Table 4 below details the projects that were added as well as the projects that will be relisted in the 2026 Capital Program for consideration. `E:il Table 3: Proposed 2025 Utility Fund Capital Program Alterations Project / Location / Description Other Share Utility Share Proposed Projects to be added to the Draft 2025 Utility Fund Capital Budget Water Tank Rehabilitations -Various $ $ 125,000 Locations Lancaster Lagoon WWTF - Funding to remove sludge from the Lancaster Lagoon $ $ 500,000 facility to be completed as part of the overall Aeration System Upgrade project. Total $ 625,000 Proposed projects to be removed from the Draft 2025 Utility Fund Capital Budget Universal Metering -Various Locations - Installation of meters for all 3-unit $ $ 125,000 properties (Phase 1) Structural Lining - Various Locations - Structurally line and/or point repairs to $ $ 500,000 existing sanitary sewers, including design and construction management services Total $ 625,000 Conclusion Infrastructure renewals and new investments are critical to meet the changing environment as well as meet the needs and desires of residents across the City. Due to rising design and construction costs overall, capital funding does not go as far anymore therefore it is important that the City's investments to be strategic. The budgets continue to align asset renewal while focusing on growth of tax base and population, public safety, transit, recreation and updating the City's aging enterprise software. SERVICEAND FINANCIAL OUTCOMES The City's share of the 2025 Draft General Fund Capital budget will be funded through the following sources • Capital from Operating $6.3M • Borrowing — $ 9M • Capital Reserve Funding - $5.64M The Utility Budget will be funded with $8,343,000 from the operating budget and $5,724,165 coming fromother sources. liF-117 INPUT FROM OTHER SERVICEAREAS AND STAKEHOLDERS Input has been received from Finance Committee, Service Areas, the ABCs, Senior LeadershipTeam. ATTACHMENTS Exhibit 1— 2025 Draft General Fund Capital Budget Exhibit 2 — 2025 Draft Utility Fund Capital Budget Exhibit 3 — Finance Committee Presentation July 24, 2024 — 2025 Draft General Fund and Utility Fund Capital Budgets liDN Proposed ProLyram Summary For - 2025 Category No. of Projects Other Share City Share Total Corporate Performance 4 $0 $4,425,000 $4,425,000 Facility and Asset Management 30 $1,603,000 $3,841,000 $5,444,000 Growth Projects 1 $2,300,500 $1,050,250 $3,350,750 Parks & Recreation Services 6 $387,000 $1,173,000 $1,560,000 Protective Services 4 $0 $886,000 $886,000 Saint John Parking 1 $0 $250,000 $250,000 Transit 5 $16,000 $2,664,000 $2,680,000 Transportation 16 $12,091,413 $5,783,750 $17,875,163 Urban and Rural Storm 8 $2,404,450 $867,000 $3,271,450 TOTALS: 75 $18,802,363 $20,940,000 $39,742,363 Summary of Capital Costs (City Share) Urban and Rural Storm 4% Transportation 28% Transit 13% Corporate Performance 21% Facility and Asset Management 18% rowth Projects - 5% Saint John Parking -1%—Parks & Recreation Services - 6% Protective Services - 4% Page 1 of 12 MDH: MUNICIPAL DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS RDH: REGIONALLY DESIGNATED HIGHWAYS This is a tentative program listing of proposed capital projects. w&s/Pvt: WATER AND SEWER or PAVEMENT RELATED PROJECTS This list has not been approved by Common Council. C-**: PROJECTS CARRIED OVER FOR COMPLETION THE FOLLOWING YEAR PROJECTS INDICATED WITH * ARE DEPENDANT ON FUNDING FROM OTHERS Priority assignments are subject to change at any time. G&D: PROJECT IS FOR GROWTH AND DEVELOPMENT Corporate Performance Project Location Description Other city Share Share Information Technology City Hall Improve limited cellular service on the first level of City Hall with a cellular booster. Information Technology Various Locations Implementation of a new ERP system which will include resourcing, training and configuration (Phase 2). ($500,000 from Capital Reserve Funding) IT Replacement Various Locations IT Asset Replacement. ($750,000 from IT Reserve) Ladder Truck Various Locations Purchase of a new Fire Ladder Truck. (Phase I of 4) TOTAL: 0 175,000 0 2,500,000 0 750,000 0 1,000,000 LO $4,425,000 `E:1:3 MDH: MUNICIPAL DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS RDH: REGIONALLY DESIGNATED HIGHWAYS This is a tentative program listing of proposed capital projects. w&s/Pvt: WATER AND SEWER or PAVEMENT RELATED PROJECTS This list has not been approved by Common Council. C-**: PROJECTS CARRIED OVER FOR COMPLETION THE FOLLOWING YEAR PROJECTS INDICATED WITH * ARE DEPENDANT ON FUNDING FROM OTHERS Priority assignments are subject to change at any time. G&D: PROJECT IS FOR GROWTH AND DEVELOPMENT Facility and Asset Management Project Location Description Other Share City Share * Facility and Asset Canada Games Aquatic Centre Enabling Accessibility Project. Other Share 91,250 13,750 Management funding from FRSC & the Federal Government ($80,000). * Facility and Asset Canada Games Aquatic Centre Replace Leisure Pool Skimmer Pump. Other 9,000 11,000 Management Share funding from FRSC. * Facility and Asset Canada Games Aquatic Centre Replace AHU-4 at End of it's useful life. Other 33,750 41,250 Management Share funding from FRSC. * Facility and Asset Canada Games Aquatic Centre Replace Competition Pool Waterslide. Other 90,000 110,000 Management share funding from FRSC. * Facility and Asset Canada Games Aquatic Centre Replace Various Fitness Equipment 22,500 27,500 Management Apparatuses and Soundproofing. Other Share funding from FRSC. * Facility and Asset Carleton Community Centre Replace Ashpalt Roofing. City Share funding 60,000 90,000 Management contingent on obtaining RDC funding. * Facility and Asset Carnegie Building Replace Upper Level Carpeting. Other Share 6,750 8,250 Management funding from FRSC. * Facility and Asset Carnegie Building Replace Suspended Ceiling in Lecture Hall. 5,400 6,600 Management Other Share funding from FRSC. Facility and Asset City Market Design and construction to implement Strategic 0 500,000 Management Plan Fit -ups: Retrofit ($500,000 from Capital Reserve funding) Facility and Asset City Market Replace Refrigeration Unit that is at the end of 0 100,000 Management it's useful life. * Facility and Asset Climate Change Municipal Buildings and Water Facilities Deep 25,000 100,000 Management Energy Retrfofit. Other Share funding from NB Power. Facility and Asset Fire Station 81 Replace Backup Generator Unit that is at the 0 200,000 Management end of it's useful life. Facility and Asset Fire Station 14 (Phase One) Brick Repointing on Southside 0 50,000 Management Facility and Asset Fire Station 87 Replace Upper Level Ceiling Tiles. 0 25,000 Management Facility and Asset Fire Station 87 Replace Upper Level VCT Flooring. 0 48,000 Management Facility and Asset Golf Course Building Replace Modified Bitumen Roofing Unit that is 0 50,000 Management at the end of it's useful life. Facility and Asset Municipal Operations Complex Washroom Upgrades (4 washrooms). Design to 0 350,000 Management (Main Building) include sound proofing. * Facility and Asset Peter G. Murray Arena Replace Rubber Mats. City Share funding 16,000 24,000 Management contingent on obtaining RDC funding. MDH: MUNICIPAL DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS RDH: REGIONALLY DESIGNATED HIGHWAYS This is a tentative program listing of proposed capital projects. w&s/Pvt: WATER AND SEWER or PAVEMENT RELATED PROJECTS This list has not been approved by Common Council. C-**: PROJECTS CARRIED OVER FOR COMPLETION THE FOLLOWING YEAR PROJECTS INDICATED WITH * ARE DEPENDANT ON FUNDING FROM OTHERS Priority assignments are subject to change at any time. G&D: PROJECT IS FOR GROWTH AND DEVELOPMENT Facilitv and Asset Management Project Location Description Other Share city Share * Facility and Asset Peter G. Murray Arena Replace BAC Cooling Tower 91 Unit that is at 28,800 43,200 Management the end of it's useful life. City Share funding contingent on obtaining RDC funding. * Facility and Asset Peter G. Murray Arena Replace BAC Cooling Tower #2 Unit that is at 28,800 43,200 Management the end of it's useful life. City Share funding contingent on obtaining RDC Funding. Facility and Asset Police Headquarters Phased replacement of Heat Pump Units that 0 100,000 Management are at the end of their useful lives. * Facility and Asset Stewart Hurley Arena Replace Chiller that is at the end of if s useful 40,000 60,000 Management life. City Share funding contingent on obtaining RDC funding. * Facility and Asset TD Station Create Stand Alone Emergency Paging System. 13,500 16,500 Management Other Share funding from the FRSC. * Facility and Asset TD Station Replace AHU B with 25 Ton Heat Pump. Other 540,000 660,000 Management Share funding from the FRSC. * Facility and Asset TD Station Replace Bobcat at End of Useful Life. Other 24,750 30,250 Management Share funding from the FRSC. * Facility and Asset TD Station Replace Forklift Short Mast at End of Useful 22,500 27,500 Management Life. Other Share funding from the FRSC. * Facility and Asset TD Station Replace Painted Metal Exit and Service Doors 45,000 55,000 Management at End of Useful Life. Other Share funding from the FRSC. * Facility and Asset Union Street Tunnel Waterproofing of Membrane and Foundation of 260,000 390,000 Management Union Street tunnel. City Share funding contingent on obtaining RDC funding. * Lily Lake Deck Rockwood Park/Lily Lake Replace wooden decking at Pavilion. City 240,000 360,000 Replacement Pavilion Share funding contingent on obtaining RDC funding. Safety Improvements Market Square Parking Garage / Safety design and improvements at various City Various Other City Facilities facilities. Work includes the replacement of cameras, wiring and servers at the Market Square Parking Garage that are currently at the end of their useful life TOTAL: 300,000 $1,603,000 $3,841,000 iIRX MDH: MUNICIPAL DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS RDH: REGIONALLY DESIGNATED HIGHWAYS This is a tentative program listing of proposed capital projects. w&s/Pvt: WATER AND SEWER or PAVEMENT RELATED PROJECTS This list has not been approved by Common Council. C-**: PROJECTS CARRIED OVER FOR COMPLETION THE FOLLOWING YEAR PROJECTS INDICATED WITH * ARE DEPENDANT ON FUNDING FROM OTHERS Priority assignments are subject to change at any time. G&D: PROJECT IS FOR GROWTH AND DEVELOPMENT Growth Proiects Project Location Description Other city Share Share * Barbour's General Store King Street @ Prince William Additional funding for the reimagination of the 2,300,500 1,050,250 Street Barbours General Store including design and construction management services. City share dependant on Other share being obtained from RDC, ACOA, Envision and Insurance ($200,000). TOTAL: $2,300,500 $1,050,250 `e'l MDH: MUNICIPAL DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS RDH: REGIONALLY DESIGNATED HIGHWAYS This is a tentative program listing of proposed capital projects. w&s/Pvt: WATER AND SEWER or PAVEMENT RELATED PROJECTS This list has not been approved by Common Council. C-**: PROJECTS CARRIED OVER FOR COMPLETION THE FOLLOWING YEAR PROJECTS INDICATED WITH * ARE DEPENDANT ON FUNDING FROM OTHERS Priority assignments are subject to change at any time. G&D: PROJECT IS FOR GROWTH AND DEVELOPMENT Parks & Recreation Services Project Location Description Other city Share Share Ihtoli-maqahamok The Gathering Space Upgrades to the Gathering Space including 150,000 350,000 lighting controls, pole cameras, mobile/ static show cameras, drum riser, portable control booth, etc. Other Share coming from Other available funding. Fence Replacement Ellerdale Street Replacement of existing fencing at the Ellerdale 0 75,000 Street Playground. * Harbour Passage Riverview Avenue West Supplemental funding for the extension of 237,000 158,000 Extension Harbour Passage (The Cove) between Riverview Drive and Riverview Avenue on the West side. This project has funding approved under the Active Transportation Fund. New Tractor for Harbour Various locations New Tractor with cab for plowing harbour 0 150,000 passage passage. Tractor to include broom attachment, plow attachment, tiller attachment, bucket loader and rough mower. Parks and Recreation Various Locations Complete Parks & Recreation Facility Asset 0 150,000 Facilities assessment and plan. Rainbow Park Sydney Street/Broad Complete upgrades to the Rainbow Park 0 290,000 Street/Charlotte Street playground and surrounding area. Upgrades to include, based on available funding, a vegetable garden, open space, memorial garden, tot lot, sand play area, covered seating area, pod sculptures, berm buffers, and picnic area. (Phase 1 of 2) ($290,000 from Capital Reserve Funding) TOTAL: $387,000 $1,173,000 MDH: MUNICIPAL DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS RDH: REGIONALLY DESIGNATED HIGHWAYS This is a tentative program listing of proposed capital projects. w&s/Pvt: WATER AND SEWER or PAVEMENT RELATED PROJECTS This list has not been approved by Common Council. C-**: PROJECTS CARRIED OVER FOR COMPLETION THE FOLLOWING YEAR PROJECTS INDICATED WITH * ARE DEPENDANT ON FUNDING FROM OTHERS Priority assignments are subject to change at any time. G&D: PROJECT IS FOR GROWTH AND DEVELOPMENT Protective Services Project Location Description Other city Share Share Cameras Police Station/PSCC Upgrade all internal and external video cameras and related systems at I Peel Plaza. Daniel Defense Patrol Police Station Replace Daniel defence patrol rifles and related Rifles accessories to maintain standard equipment. Vehicle and asset storage Police Station Develop side area for vehicle and asset storage, including potential small structure. Versaterm Technology Police Station/PSCC Implement Versaterm technology, second stage, including CAD and MDB systems. 0 104,000 0 69,000 0 287,500 0 425,500 $0 $886,000 `&ON MDH: MUNICIPAL DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS RDH: REGIONALLY DESIGNATED HIGHWAYS This is a tentative program listing of proposed capital projects. w&s/Pvt: WATER AND SEWER or PAVEMENT RELATED PROJECTS This list has not been approved by Common Council. C-**: PROJECTS CARRIED OVER FOR COMPLETION THE FOLLOWING YEAR PROJECTS INDICATED WITH * ARE DEPENDANT ON FUNDING FROM OTHERS Priority assignments are subject to change at any time. G&D: PROJECT IS FOR GROWTH AND DEVELOPMENT Saint John Parkin Project Location Description Other City Share Share Parking Peel Plaza & Market Square Supplemental funding for new gates & pay 0 250,000 Parking Garages stations at Peel Plaza & Market Square Parking Garages. TOTAL: $0 $250,000 ` ez"I MDH: MUNICIPAL DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS RDH: REGIONALLY DESIGNATED HIGHWAYS This is a tentative program listing of proposed capital projects. w&s/Pvt: WATER AND SEWER or PAVEMENT RELATED PROJECTS This list has not been approved by Common Council. C-**: PROJECTS CARRIED OVER FOR COMPLETION THE FOLLOWING YEAR PROJECTS INDICATED WITH * ARE DEPENDANT ON FUNDING FROM OTHERS Priority assignments are subject to change at any time. G&D: PROJECT IS FOR GROWTH AND DEVELOPMENT Transit Project Location Description Other city Share Share 2- Zero Emission 40' buses 20' bus * Bus Shelter Cameras Para transit Various Locations Various Locations Bottom of King Street Various Locations Various Locations Replace two 40 ft Zero Emission buses (Phase 2 of 2). Replace one 20 ft bus. Replacement of existing bus shelter. City Share funding contingent on obtaining RDC funding. Replace camera equipment at end of its useful life. Replace existing Para transit bus. TOTAL: 0 1,840,000 0 390,000 16,000 24,000 0 250,000 0 160,000 16 000 $2,664,000 MDH: MUNICIPAL DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS RDH: REGIONALLY DESIGNATED HIGHWAYS This is a tentative program listing of proposed capital projects. w&s/Pvt: WATER AND SEWER or PAVEMENT RELATED PROJECTS This list has not been approved by Common Council. C-**: PROJECTS CARRIED OVER FOR COMPLETION THE FOLLOWING YEAR PROJECTS INDICATED WITH * ARE DEPENDANT ON FUNDING FROM OTHERS Priority assignments are subject to change at any time. G&D: PROJECT IS FOR GROWTH AND DEVELOPMENT Transbortation Project Location Description Other City Share Share Roadway Reduction Plan Various Locations Complete conceptual designs to establish road 0 100,000 diets throughout the City. Work will include completing cost estimates for each plan to be added to future Capital Programs. * Asphalt Roadway Various locations Renewal of asphalt roadway, concrete curb and 1,500,000 0 Resurfacing and Curb & sidewalk including drainage control and Sidewalk Renewal landscaping. Depending on required funding and/or Infrastructure for the 2025 Asphalt Resurfacing Program Renewal & Roadway funding may also be spent on an infrastructure Reconstruction project renewal and/or road reconstruction project. Project to be funded under CCBF funding (2019-2023 Program). * Asphalt Roadway Various locations Renewal of asphalt roadway and concrete curb 1,500,000 0 Resurfacing and Curb & and sidewalk including drainage control and Sidewalk Renewal - landscaping in conjunction with the annual Neighbourhoods asphalt roadway maintenance and rehabilitation program. Funding contingent on the City obtaining CCBF Funding (2024-2028 Program). Brine Equipment West Depot Replacement of Brine Making Equipment that 0 300,000 Replacement is at the end of it's useful life. * Canterbury Street Princess Street to Duke Street Street reconstruction (excavation, backfill, 850,000 0 curb, sidewalk, paving), including design and construction management services. Project to be funded under CCBF funding (2019-2023 Program). Engineering Various locations Funding for engineering investigations and 0 100,000 Investigations and Design design for various projects under Transporation and Storm categories. Fleet Replacement Various Locations Fleet Replacement ($2,500,000 coming from 0 2,500,000 Fleet Reserve). * Glen Road Simpson Drive to Connaught Street Reconstruction of approximatley 310m 1,300,000 0 Avenue of street (Excavation, backfill, geo grid, shale rock layer, geo grid, curb, sidewalk, landscaping and paving), including design and construction management services. Asphalt pavements $198,000 / 0.77LK. Funding contingent on the City obtaining CCBF Funding (2024-2028 Program). Guiderail Various locations Renewal of guiderail throughout the City that is 0 100,000 at the end of its useful life ($100,000 from Capital Reserve funding). `&6Z-1 MDH: MUNICIPAL DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS RDH: REGIONALLY DESIGNATED HIGHWAYS This is a tentative program listing of proposed capital projects. w&s/Pvt: WATER AND SEWER or PAVEMENT RELATED PROJECTS This list has not been approved by Common Council. C-**: PROJECTS CARRIED OVER FOR COMPLETION THE FOLLOWING YEAR PROJECTS INDICATED WITH * ARE DEPENDANT ON FUNDING FROM OTHERS Priority assignments are subject to change at any time. G&D: PROJECT IS FOR GROWTH AND DEVELOPMENT Transportation Project Location Description Other city Share Share * Permanent Island Thorne Avenue Install permanent traffic island solution on 307,000 40,000 Installation Thorne Avenue at Superstore entrance. Project funded through the Federal Rail Safety Improvement Program. Point Road Opposite Civic 4500 Construction of a renewed retaining wall, guide 0 285,528 rail and pavement, including design and construction management services. * Retail Drive Realignment Oakland Street to Rothesay Road realignment to eliminate the double 3,387,635 1,232,100 Avenue intersection on Rothesay Avenue. Project is partially funded under the Bilateral program. Road Reconstruction Various locations Street Recontruction of a roadway that is 750,000 0 beyond its useful life. Project to be funded under the CCBF (2019-2023) program. Roundabout at Sandy Sandy Point Road/Foster Install a new roundabout at intersection 1,100,000 1,000,000 Point Road/Foster Thurston Intersection including all construction management Thurston services. Funding contingent on the City obtaining CCBF Funding (2024-2028 Program). ($1,000,000 coming from Capital Reserve funding) w&s * St. John Street Lancaster Street to Civic #318 Street reconstruction (excavation, backfill, 1,050,000 0 Dufferin Row and City Line to curb, sidewalk, landscaping and paving) Maryanne Court including design and construction management services. Asphalt pavements $300,000 / LK 0.99. Funding contingent on the City obtaining CCBF Funding (2024-2028 Program). w&s * Sydney Street Broad Street to St. James Street Street reconstruction (excavation, backfill, 346,778 126,122 curb, sidewalk, landscaping, paving), including design and construction management services. Asphalt pavements $76,000 / 0.50LK. Project to be funded under Bilateral Funding. TOTAL: $12,091,413 $5,783,750 `LOtA MDH: MUNICIPAL DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS RDH: REGIONALLY DESIGNATED HIGHWAYS This is a tentative program listing of proposed capital projects. w&s/Pvt: WATER AND SEWER or PAVEMENT RELATED PROJECTS This list has not been approved by Common Council. C-**: PROJECTS CARRIED OVER FOR COMPLETION THE FOLLOWING YEAR PROJECTS INDICATED WITH * ARE DEPENDANT ON FUNDING FROM OTHERS Priority assignments are subject to change at any time. G&D: PROJECT IS FOR GROWTH AND DEVELOPMENT Urban and Rural Storm Project Location Description Other Share city Share * Canterbury Street Princess Street to Duke Street Install approx. 50m of new 300 mm storm 150,000 0 sewer, including design and construction management services. Project to be funded under the CCBF (2019-2023) program. Glenn Falls Dam Upper Glen Falls Complete a dam saftey asseessment of the 0 150,000 Upper Glenn Falls Dam. Mystery Lake Flow Mystery Lake Design services to replace the Mystery Lake 0 120,000 Control Structure Dam and installation of a new fish ladder. Rainbow Park Area Sydney Street to Charlotte Street Install approx. 145m of new 600 mm storm 400,000 0 sewer, including design and construction management services. Project to be funded under the CCBF (2019-2023) program. * Retail Drive Realignment Oakland Street to Rothesay Road Realignment to eliminate the double 935,450 341,000 Avenue intersection on Rothesay Avenue, including renewal of storm infrastructure. Other Share funding from Bilateral Funding. Sea Street Drainage Basin Sea Street area. Investigations & conceptual design services of 0 150,000 improvements to the Sea Street storm water catchment. Including the Sea Street Storm Water Assessment and separation of Center Street and Pleasant Street. w&s * St. John Street Lancaster Street to Civic 9318 Install approx. 320 in of 300 mm storm sewer 625,000 0 Dufferin Row and City Line to for separation, including design and Maryanne Court construction management services. Funding contingent on the City obtaining CCBF Funding (2024-2028 Program). w&s * Sydney Street Broad Street to St. James Street Install approx. 75m of new 1050 mm storm 294,000 106,000 sewer, including design and construction management services. Project to be funded under Bilateral Funding. TOTAL: $2,404,450 $867,000 `RU] Proposed Program Summary For - 2025 Category No. of Other Utility Total Projects Share Share Industrial Water Renewal - East 2 $276,960 $300,040 $577,000 Infrastructure Renewal - Sanitary 11 $2,246,658 $3,833,343 $6,080,000 Infrastructure Renewal - Water 11 $3,200,547 $3,993,618 $7,194,165 Safe, Clean Drinking Water 1 $0 $216,000 $216,000 TOTALS: 25 $5,724,165 $8,343,000 $14,067,165 Summary of Capital Costs (Utility Share) Safe, Clean Drinking - 2.6% Industrial Water Renewal - East - 3.6% All I kk Infrastructure Renewal - Sanitary 45.9% Infrastructure Renewal - Wate r 47.9% MDH: MUNICIPAL DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS RDH: REGIONALLY DESIGNATED HIGHWAYS This is a tentative program listing of proposed capital projects. w&s: WATER AND SEWER RELATED PROJECTS This list has not been approved by Common Council. G&D: PROJECT IS FOR GROWTH AND DEVELOPMENT Priority assignments are subject to change at any time. *: PROJECTS DEPENDANT ON FUNDING FROM OTHERS Industrial Water Renewal - East Project Location Description Other Utility Share Share * Loch Lomond Watershed * Loch Lomond Watershed McBrien Lake Dams Complete improvements to the access road to 207,360 224,640 McBrien Lake Southwest Dam and complete a detailed design to renew the Southwest dam. (Phase 2 of 4) Other Share funding from Industrial users. Robertson Lake Dam Design services to increase flow capacity for 69,600 75,400 discharging water through the concrete structure at the Robertson Lake Dam. Possible solutions may include the fabrication of new stop logs or bulkheads. Other share funding from Industrial users. TOTAL: $276,960 $300,040 MDH: MUNICIPAL DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS RDH: REGIONALLY DESIGNATED HIGHWAYS This is a tentative program listing of proposed capital projects. w&s: WATER AND SEWER RELATED PROJECTS This list has not been approved by Common Council. G&D: PROJECT IS FOR GROWTH AND DEVELOPMENT Priority assignments are subject to change at any time. *: PROJECTS DEPENDANT ON FUNDING FROM OTHERS Infrastructure Renewal - Sanitar Project Location Description Other Utility Share Share Asset Management Various Locations Complete an asset management assessment and 0 50,000 plan for sanitary facilities that have vertical infrastructure. Lancaster Lagoon Sludge Lancaster Lagoon WWTF Funding to remove sludge from the Lancaster 0 500,000 Removal Lagoon facility to be completed as part of the overall Aeration System Upgrade Project. Morna and Greenwood 139 Bay Crescent Dr. & 173 Upgrades to the Morna and Greenwood 0 700,000 WWTP Improvements Karen St. WWTP's. WWPS Lift Station B 375 Dwyer Road Replacement of a wastewater pumping station 0 1,100,000 that is at the end of its asset life to provide for reliable collection of wastewater, including design and construction management services. * Charlotte Street St James Street to Queen Square Renew approx. 50m of 375mm T.C. sanitary 131,994 48,006 North sewer, including design and construction management services. Project to be partially funded under Bilateral Funding. * Sydney Street Broad Street to St. James Street Renew approx. 45m of 225mm T.C. (1888) 69,664 25,337 with new 200mm sanitary sewer, including design and construction management services. Project to be partially funded under Bilateral Funding. * WWPS Bridge Street 101 Bridge Street Reconstruct lift station above flood level to 340,000 510,000 provide for reliable collection of wastewater, including design and construction management services. Project to be partially funded under DMAF . WWPS Kennebecasis 2 300 Kennebecasis Drive Reconstruct lift station above flood level to 900,000 provide for reliable collection of wastewater, including design and construction management services. G&D * Heather Way Dunnett Drive to Boyaner Install approx. 180 in of new 300 mm sanitary 485,000 0 Crescent sewer, including design and construction management services. Funding contingent on the City obtaining CCBF Funding (2024-2028 Program). G&D* Retail Drive Area Rockwood Avenue to Civic # 16 Renew approx. 125 in of 450mm sanitary 350,000 0 sewer, including construction management services. Funding contingent on the City obtaining CCBF Funding (2024-2028 Program). MDH: MUNICIPAL DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS RDH: REGIONALLY DESIGNATED HIGHWAYS This is a tentative program listing of proposed capital projects. w&s: WATER AND SEWER RELATED PROJECTS This list has not been approved by Common Council. G&D: PROJECT IS FOR GROWTH AND DEVELOPMENT Priority assignments are subject to change at any time. *: PROJECTS DEPENDANT ON FUNDING FROM OTHERS Infrastructure Renewal - Sanitary Project Location Description Other Utility Share Share G&D * St. John Street Lancaster Street to Civic 9318 Renew approx. 320 m of 300 mm and 375 mm 870,000 Dufferin Row and City Line to T.C. with a (sewer score of 3.5) with 375 mm Maryanne Court sanitary sewer, including design and construction management services. Funding contingent on the City obtaining CCBF Funding (2024-2028 Program). TOTAL: $2,246,658 $3,833,343 MDH: MUNICIPAL DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS RDH: REGIONALLY DESIGNATED HIGHWAYS This is a tentative program listing of proposed capital projects. w&s: WATER AND SEWER RELATED PROJECTS This list has not been approved by Common Council. G&D: PROJECT IS FOR GROWTH AND DEVELOPMENT Priority assignments are subject to change at any time. *: PROJECTS DEPENDANT ON FUNDING FROM OTHERS Infrastructure Renewal - Water Project Location Description Other Utility Share Share Asset Management Various Locations Complete an asset management assessment and 0 50,000 plan for Water facilities that have vertical infrastructure. Fleet Replacement Various Locations Fleet Replacement for Saint John Water 0 875,000 ($875,000 from Fleet Reserve). McAllister Drive Moutain View Drive to Loch Renew approx. 320m of 300mm C.I. 1,855,000 0 Lomond Road watermain, including design and construction management services. Funding contingent on the City obtaining CCBF Funding (2024-2028 Program). Water Pumping Station Roxbury Drive Investigate and complete conceptual design 0 75,000 services for the construction of a new Water Booster Pumping Station. * Charlotte Street St James Street to Queen Square Renew approx. 50m of 250 mm C.I. watermain 164,972 60,000 North with new 250mm watermain, including design and construction management services. Project to be partially funded under Bilateral Funding. Engineering Various locations Funding for engineering investigations and 0 192,943 Investigations and Design design for various projects under the Water and Sanitary categories. * Sydney Street Broad Street to St. James Street Renew approx. 90m of 200mm C.I. (1922) 180,575 65,675 watermain, including design and construction management services. Project to be partially funded under Bilateral Funding. Water Tank Improvements Lakewood Heights Supplemental funding for the rehabilitation of the existing Lakewood Heights Water Storage Tank. 2,450,000 G&D * St. John Street Lancaster Street to Civic #318 Renew approx. 320 m of 200 mm watermain 1,000,000 0 Dufferin Row and City Line to (1914), including design and construction Maryanne Court management services. Funding contingent on the City obtaining CCBF Funding (2024-2028 Program). Water Tank Various Locations Design services required to move forward the 0 125,000 Rehabilitations design required to rehabilitate existing water tanks. Water Meters Various Locations Replacement of large commercial water meters, 0 100,000 including design and construction management services. (Phase 2 of 2) TOTAL: $3,200,547 $3,993,618 MDH: MUNICIPAL DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS RDH: REGIONALLY DESIGNATED HIGHWAYS This is a tentative program listing of proposed capital projects. w&s: WATER AND SEWER RELATED PROJECTS This list has not been approved by Common Council. G&D: PROJECT IS FOR GROWTH AND DEVELOPMENT Priority assignments are subject to change at any time. *: PROJECTS DEPENDANT ON FUNDING FROM OTHERS Safe, Clean Drinking Water Project Location Description Other Utility Share Share Safe, Clean Drinking Water Treatment Plant Safe, Clean Drinking Water Program Contract 0 216,000 Water Program annual Rehabilitation Payments for the Treatment plant. TOTAL: $0 $216,000 m i LA N O N IMMEM m .CL m V r. 3 O O N �a .O Q bA a N U a- +.+ O z — tw N m �.., t�A ._ mLn ca cV U U U Q U 0 Ln O �i H Q M L� V) C) ---j Ln oz N � � O N m m z m 0 E� z buo m ca a_+ Q U LL At • .• fa Q m U LL O Ln O �D O �! rn lZ* N m 00 Li ca ca cn cn � O U O C: N +-j _0 > =3 C: m *a Q m cc U U � z cn O N bn fa N bn Nog COO 00 ca Q ca ca � U cn O U N 0 3 z _co M o 3 N a� ■ 0 r91 _ DO O N O C6 O Q +, O C6 0 .� N L +-' ri O — r, U Co M O N -Ln O O N • U O �. w o 00 O O O Q�N C: Lfi N +� Q) � O OM L � U a_+ ro N � 0 l0 N LL -0 � ON U a-J LL aJ ' C LL O al O ca +_+ 0 0 � U L O _0 m t/� V Ln (1 =3 0 t1A O Q) N 4- O U b.0 U NC: O cn 1� +" U r n V bA C - L(i ca U .� U E >. 0 LnA A A A A A N C: O U U f (6 0 41 Q ^ U p m U U Q -- c6 '— a--+ 0 O v� t o M C6 U U an ° N E �, vNi a 4, O � N L L.L Q C:N\ (D O 0 � / _ N L O L > _ .N L O +^-'1 W U m -00 Z L Q L O I i LL m 1 E Q N 41 L O 4-1O � O E L m N O 41 O 41 }' O V M W u O m N L LL N �_ f6 E W I 0 U I� 'L 41 > n v A l L 0 O_ O_ (6 �M/� b.0 a) V i *> � �0_/� �N / � H Q Ln U - w Q U- 0 A A A A A A A A A A 0 U- • N m N U L A A A A or i 1 r � N U 0 tzo I �p cn O p Q) 4- j flu a Q) i Ln m (� a) Q fu cn i i O n c � a) _ 0 0 Q a� 0Ln 0 0 0 a) C6 L Q L CD'aA ca o opc �`� ca N E C: > � _ 0fu a) a� a) a� �cD LU z > > z� z U N �0 N E U m N w 0 N E N U m Q N U i i N 0 O 0 O J O 0 O LL � O � +J N Ln C- A m O O O O O O Ln qt i o ate-+ � i U 4-J U Q cn U Q A A A N U O _0 0 O M O o m Ln O O O N O O O O ice O 0 i � Ln 00 i U LL U L Q A A A A K Ln N 0 N 4- 0 /k n� W U 4--; 0 U I%ft-000, N 0 ca a c N E Ln Ln N Ln Ln O Q O chi) O Q c cn O O U N a -00 C O Ln J a 4/)- A A O E O N O N O O >' -cn- c O O U a1 O O O O O O c au O 00 a 1O 000 0 }' 1O 'N' O v ca iN ro ro i Ln i U Q Q Vro fro (/) CL E i N Q a--+ U N LU a U m A A A A c Ln Ln Q A A A N � O +-+ � O N N N U O U O U cu L N a-+ �O +-+ O O CU E > m i +--+ 4- j }' O U CD L A A A A 0 /0 (n 4--j Q) E 4--j Ln W UO 4--), W UO UO Q 4--) 'X W m/ WAFA /0 ej� N ffft= l� Ln C6 C- u > un -0 IL- CD E N 0 W r--i LL N Li ca w O , Q -0 U CD u < m O N O O a--i [T, � m Z3 � C� m a� rvo E 0 � j 00 +_+ rq I U a� u , O Orq Q� N Ca CAA O 4 Ln N m ° � O A A A A A A 0 fa L V Ln N N L 4- 0 r1 C C6 Vi oLni 4-0 N O E a--� I Q� O O �--j E N — '> P v OQ) _ N E N M N N O ' U O u 0 .0 N cn U Q }, N C a- J 4-J O 4-j 4-j �� O — 'u E •— .— ate-+ cn O U N N > C�0 N • - (6 +-+ M U w - }' 0 CL A A A A V) A T F P4j w � e ■L AAAAAIf J A .IV r 1 P., ;. rU L/ N O 0 E 0 I 0 0 W 0 0 � 4- 4-' - 0 0 0 tn• � (� L/' M > 'r-I� � �j a..+ � iJ� 0 N C6 E 4- 4 J +•+ (� � A A A in A A 0 0 W 0 0 0 0 0 0 0 ono 0 M o to Sri co co � • � (/') ate-+ U 2 oC cn A A A A . AO a) O 0 � Ln t)-o � N � CD c/') N m N E N � N U L O ca O Q oc z oo N O o o ,n rn O �,o o Ln E Nco O L 0 a) �j N � j} L 4-1 � M L E O can ateJ ate-+ c% i N cn +-+ O O 2 cn ca Q � — O O +, E v � .— +�_-+ = O O N OO U U cn cn -0 3 N N O A A A A �� '� "0 _ A A A A A m C: N O U C: N � U m — s j O N ate-+ _0 LL O O L C6 E N +., Q C U " O U O O `� i N U +j N +j a)ON . — •C: c N +j O Ca Q (n . — a--+ N Q N O U � N +j � U N 0-0 N -0 E .N� E Q. cn +-+ ii U O U N o From: City of Saint John, New Brunswick <webform-noreply@saintjohn.ca> Sent: September 27, 2024 8:57 AM To: Common Clerk <commonclerk@saintjohn.ca> Subject: Webform submission from: Submission to Council Form [ External Email Alert] **Please note that this message is from an external sender. If it appears to be sent from a Saint John employee, please forward the email to spamsamplea-saintiohn.ca or contact the IT Service Desk.** Submitted on Fri, 09/27/2024 - 08:55 Submitted by: Anonymous Submitted values are: About Person/Group Submitting First name Patrick Last name Flowers Name of organization/group (where applicable) Lorneville Trail Riders Club 57 on behalf of the NB ATV Federation Mailing Address PO Box 27009 Saint John RPO Lancaster Saint John. E21VI 5S8 Telephone 506-285-0942 Email patrickflowers(o)hotmail.com If you do not wish to have your personal information (address, phone number, email) become part of the public record, please check this box. No 221 About your Submission Topic of submission Request to amend Municipal Traffic By-laws Purpose for submission (what is the ask of council): Request to amend Municipal Traffic By-laws to allow for use of ATV's on sections of public roadways to align with attached approved Provincial Highway Usage Permit. Executive summary Good day, As per the attached Highway Usage Permit and as a part of the NB ATV Federation we the Lorneville Trail Riders ATV Club #57 have received Provincial approval for ATV's to travel on sections of public roadway in our Club's jurisdiction which would allow ATV users safe access to business amenities directly from our Managed ATV Trail System. The next step in the process is to ask the City of Saint John for an amendment to municipal traffic bylaws to allow for the use of ATV's on the public roadways which can be seen highlighted in the attached document. (Galbraith Place, King William Road and a section of Paddy's Hill Drive). It should be noted that there is no financial ask from the City and no changes would be required to the footprint of the roadways as they currently exist. Our club would provide all the required signage at our own expense. Our Club is in close alignment with the Growth strategy of the City of Saint John as this access would greatly benefit local business and tourism in the area. Our Club has a great relationship with the businesses in the area of this access and our Club receives support from them on a regular basis. We look forward to working with the City of Saint John on this requested traffic bylaw amendments as many other municipalities have seen the benefits of similar access to the ever growing ATV community. Thanks very much, Patrick Flowers Trail Coordinator Lorneville Trail Riders ATV Club #57 Document Uploads King William - Route 1.pdf (3.82 MB) 1►4% HIGHWAY USAGE PERMIT lE1UP 2024-001 THIS PERMIT issued in triplicate copies this � day of 20 (the "Effective Date") FROM: Gateway Operations Limited, a body corporate (the "Operator"),- TO- NB ATV Federation a company duly incorporated under the laws of New Brunswick (the "Applicant"). RECITALS A. Under the Highway Act, c. H-5, R.S.N.B. 1173, the Minister of Transportation and Infrastructure (the"Minister") has the administration and control of highways in the Province of New Brunswick; B_ The administration and control of the Route 1 Facility (the "Highway") has been given to the New Brunswick Highway Corporation (" NYBHC"j by the Minister with the approval of the Lieutenant-Goyomor in Council; C. The Route I Gateway Project Company Ltd. Project Co. Ltd. ("RIG Project Company") (the " Subsidletry") is a delegate of NBHC, i3. The Operator is a sub -delegate of NBHC and may, as such, issue highway usage permits (as that term is defined in the New Brunswick Highway Corporation Act) with the Approval of the Subsidiary in connection with the Highway; E. The Applicant has requested authorization to cross the Route 1 highway at Exit 112 using the existing underpass (The "Work"), the location of which is more particularly described in the project outline annexed to this Highway Usage Permit as Schedules "A" and "A_1" (the "Approved Sire"), F. The Operator has, with the Approval of the Subsidiary, agreed to issue to the Applicant a Highway Usage Permit (the 'WUP") on the terms and conditions set out below, I. GRANT OF PERMIT 1.1. From the Effective late, the Operator authorizes the Applicant, subject to the terms and conditions contained in this HUP, to eater upon, use, cross, and carry out the Work in and along the Approved Site on a non-exclusive basis. NOW 2 2. FEES 2.1. The Applicant will pay to the Operator upon execution the one-time fee prescribed under Section 11 of the Highway Usage Regulation (N,B. 2009-156) under the Act, as amended frorn tirne to time. The relevant fee currently set out in Regulation 2009- 156 is as fellows: (a) On issuance of a highway usage permit, the holder of the permit shall pay a fee of $2,000 to the Corporation for each location the prop©sed work crosses over, on or under the ground level of a highway, 2.2. The Applicant will pay to the Operator on April l of each year during the term of this HUP, the applicable annual fee prescribed by the Highway Usage Regulation (N.B. 2009-156) under the Act, as amended from time to time (the "Annual Fee"). There is no relevant annual fee currently set nut in Regulation 2009-156 for a highway crossing. 2.3. Fees must be paid by certified cheque to the New Brunswick Highway Corporation ("NBHC"). Cheques will be sent to the Operator at the following address. Gateway Operations Limited Attention: C1NR Manager 39 Phaeton Drive P. O. Box 1036 Hampton NB E5N 8H1 2A. Failure to pay fees within thirty days from receipt of the invoice may result in the termination of the HUP at the sole discretion of the Operator. 3.1. The Applicant, its contractors, agents and employees may, during the term of this HUP, at the Applk ant's sole expense, perform the Work on the Approved Site in accordance with the terms and conditions herein set forth. 3.2. The Applicant shall carry out the Work ja accordance with all applicable federal, provincial and municipal laws, regulations, bylaws orders, directives, permits and licences, as amended from time to time ("Applicable Law"). 3.3. The Applicant shall submit all plans and specifications for Work that involves the repair, construction, alteration, rehabilitation, removal or replacement of the Work (the " onstraaction Work") detailing location, tinning, duration and method of installation, to the Operator prior to the commencement of any Construction Work. The Applicant will not airy out any Construction Work without written approval from the Operator, Design and implementation of the Construction Work is the sale responsibility of the Applicant. The Operator, by appmving the plans and fPO►z! Kl specifications for any Construction Work will not become liable, and Specifically denies any liability, for the Coostruction Work. 3.4. The Applicant will deliver to the OPMtcr a final "as built" plan of the Construction Work within three months of completing the Construction Work. 3.5. The Applicant will comply 'tr4+ith the Occ2 pational Health and Sa� jeo,Acr, Chapter 0- 0.2, R.S.N.B 1973, in carrying, out the Work. 3.6. The Applicant will: (a) take every reasonable precaution to ensure the health and safety of its contractors, agents and employees and the health and safety of any ether person having access to the place of employment where any of the Work is taking place, and (la) ensure that its contractors, agents and employees comply with the Occupational Health and Safety Act (Nevi Bmuswick) ("OSLU"), the regulations under the OSHA. and any order made in accordance with the OSHA or the regulations. 3.7. Within 7 days of a request from the Operator, the Applicant will provide to the Operator a letter outlining the steps taken by the Applicant to comply with the provisions of sections 3.5 and 3.6 of this HUP. 3.5. No material or equipment shall be deposited or stored on the Approved Site or the Highway without the prior written approval of the Operator. 3.9. All brush and debris resulting from the Work shall he removed from the Approved Site and the Highway by the Applicant at its sole expense. 3.10; The Work will be restricted to the hours betweeir 30 minutes after Sunrise and 30 minutes before: sunset. No Work will be carried out during tunes of reduced visibility, inclement weather or in circumstances where the Wort{ would interfere with the delivery of winter maintenance services on the highway canned out by the Operator. 3.11 Except in the case of emergency repairs, the Applicant will notify the Operator not less than 5 business days before carrying out any Construction Work. No Construction Work will be carried out without written consent from the Operator. 3.12 The Applicant shall ensure that its contractors, agents and employees comply with the terms of this HUP. 3.13 The Applicant is prohibited from disturbing the asphalt surface of the highway. M&I 4 4. STANDARD OF WORK 4.1. The Work will be performed by the Applicant at its sole expense with the degree of lwcModge, skill, diligence, prudence and foresight that would reasonably be expected from a skilled and experienced contractor engaged in the same typv of undertaking under the same or sim l* circumstances as are contemplated in this HUP ("Good Industry Practice„). If, in the Operator's opinion, the Work is .not being carried out in accordance with Good Industry practice, Applicable Law and the plans and specifications submitted pursuant to Section 3.3 and approved by the Operator, the Applicant will promptly rectify any deficiencies in the Work to the reasonable satisfaction of the Operator C"Redd y", If the Applicant fails to Rectify, the Operator may suspend performance ufthe Work by giving written notice to the Applicant, effcctive as of the time and date specified in the notice. Any action taken by the Operator tinder this Section 4.1 will not give rise to any claim by the Applicant against the Operator and any such claim is barred. Failure by the Operator to give instructions regarding the Work will not relieve the Applicant of any responsibilities and liabilities under this HUP or otherwise. 4.2. Despite section 4.1, where the Operator is of the opinion that the Construction poses a hazard to the safety of any person using the Highway, the Operator may request that the Applicant take any action that is necessary, in the opinion of the Operator, to remove the hazard and upon receipt of the request, the Applicant will promptly remove the hazard at its sole expense. If the Applicant fails to take such action, the Operatoi7 may act as zecessary to alleviate the hazard. If the Operator is required to take action under this paragraph, the Applicant shall, upon demand, reimburse the Operator for all expenses reasonably incurred in connection with such action. Any action taken by the Operator under this section will not give rise to any clairn by the Applicant against the Operator and any such claim is barred. Failure by the Operator to take any action authorized under this section does not relieve the Applicant of any responsibilities and liabilities under this HUP or otherwise. 4.3. The Applicant shall use every reasonable effort to ensure, where practical, that. (a) all Work is performed in a manner that causes no damage to the .Approved Site or the Highway.- (b) through traffic flow is maintained on the Highway during all Work according to the Department of Transportation and Infrastructure Work Area Traffic Control Manual, as amended from time to time, the receipt of which the Applicant acknowledges; (c) the Work does not interfere with or obstruct the Highway or traffic thereon except, with the written approval of the Operator, as may be reasonably necessary or required during actual periods of Construction; and (d) the Work does not alter or interfere with the drainage pattern of the Highway or any property that is adjacent to the Highway. NOU 4.4. Despite section 4.1, if, in the opinion of the Operator, the Work disturbs the asphalt surface of the Highway or otherwise darnages the I Tghway, irrcl.uding the area within the Highway right-of-way, the Operator may, at the Applicants sale expense, in addition to and without prejudice to any other available rights and remedies, repair the damage, (including the removal and replacement of any improvements and stx°uctures installed under this HUP) as the Operator considers appropriate, acting reasonably. The Applicant will pay to the Operator, on demand, all expenses, direct or indirect, incurred by the Operator in carrying out repairs under this scction 4.4, with interest at the Average Prime rate plus 3% per aanurn, calculated daily not in advance from the date the expense is incurred to and including the date of payment. Any action taken by the Operator grader this section 4.4 will not give rise to any claim by the Applicant against the Operator and any such claim is barred. 4.5.. If, in the opini on of the Operator, in its sole and absolute discretion, it is not expedient to exercise the Operator's rights under Section 4.4, the Operator may require the Applicant to pay an amount equal to the costs which, in the reasonable estimation of the Operator, would be incurred by the Operator to repair the highway and the right- of-way to the Operator's satisfaction.. The Operators determination of this amount shall be final and binding for all purposes of the HUP. Any action taken by the Operator under this section 4.5 will not give rise to any claim by the Applicant against the Operator, regardless of the reasonablmess of the Operator's opinion, and any such claim is barred. 4.6. If contamination of any type, including, without limitation, soil contamination, contamination of surface water and groundwater, air pollution, and the prince or release of noxious, poisonous or hazardous substataoes or materials ("Contamination") should be encauntered by the Applicant on, in, under or around the property administered by the Operator: (a) all work will cease in nrediately in that area, and (b) the Applicant will immediately advise the Operator of the contamination. 4.7. The Operator, Her Majesty the Queen in Fight of the Province of New Brunswick, NBHO and the Subsidiary shall not be responsible for any losses suffered by the Applicant resulting from any w twnination cat its discovery. 5, ."PAJRS TO THE APPROVER SITE 5A. Upon completion of any Work, the Applicant shall, at its expense and so far as is practical, restore, repair and landscape the Approved Site to at least the condition existing before the Work occurred, and to the satisfaction of the Operator. 5.2. The Applicant will, in, accot-daum with Applicable Law, Good Industry Ptactice and to the satisfaction of the Operator, acting reasonably, for the entire period during which. the Work or any part of the Work remains on the Approved Site, repair or remediate any damage to or contamination of the Approved Site, the Highway and any property adjacent to the Highway that is caused by or results frorn the Work or f:1Xl rel the presence of the Work or any other use of the Approved Site or the Highway by the Applicant under this HUP, including without limitation any damage caused by subsidence, erosion or slope washout. Traffic con,trcl, if necessary, will be the responsibility of the Applicant. 6. LIABILITY AND INDEMNITY 6.1. The. Operator, Her Majesty the Queen in Right of the Province of New Brunswick (the "Province"), NBHC or the Subsidiary shall not be responsible for any dainsge to the Work except damage resultiag frorn the gross negligence or wilful wrongdoing of the Operator, the Province, NBHC or the Subsidiary and their respective officers, contractors, agents and. employees, 6.2. The Applicant will be liable to the Operator, the Province, NBHC, the Subsidiary, and each of their respective shareholders, directors, of£ mrs, legislators, contractors, agents and employees (the "Province Parties"), for any and all losses, costs, damages, expenses, charges, fines, penalties and other liabilities (including legal fees on a soticitar and client basis) Cgasses") which may be suffered, sustained, paid or incurred by a Province Party arising out of or in connection with the Work or the use, existence or operation of the installation,, or any breach of this IIUP or negligence, misconduct or non-compliance with Applicable Law on the part of the Applicant or its contractors, agents or employees in the performance or non-performance of this Agreement, and 6.3. The Applicant will indemnify, defend and save harmless the Province Parties from and against any and all Losses and all actions, causes of action, proceedings, claims, suits and demands which may be claimed, made or brought by any third party against a Province Party, or which any of them may suffer, sustain, pay or incur, wising out of or in comicction with the Work car the usc, existence or operation of the Fork;, or any breach of this HUP or negligence, willful misconduct or non-compliance with Applicable Law on the part of the Applicant or its contractors, agents or employees in the performance or non-performance of this HUP, 6.4. The Province Parties will nut be responsible for any damages suffered by the Applicant as a result of the ;)stark or the use, existence or operation of the Work. 7. INS7iJTt?ANCE 7.1. The Applicant, at its own expense, shall purchase and maintain in full farce while this HUP is in effect a policy of general liability insurance (the "Policy") acceptable to the Operator, NBBC and the Subsidiary acting reasonably. 7.2. The Policy shall provide coverage for property damage to the Approved Site and the Highway, including loss of use, and ,shall protect the Province Parties from all claims arising out of liability for propei-ty damage, personal injury (including death) arising out of the Work or the occupancy or operation of the Work, or the performance of any obligation or exercise of any right by the Applicant or its contractors, agents ui' employees in connection with this BUR PIM] FI `°.3. The Policy shall provide for, at a minimurn: a) a $5.0 million limit of liability per occurrence; b) Sudden & Accidental Pollution coverage fot all insured perils; C) broad form occurrence pro-aerty damage (including coverage for loss of use without property damage); d) cross liability and separation of interest with respect to each Insured; e) the Province parties to be included as Insureds or Additional Insureds; f) that breach of any of the terms and conditions of the Policy, or any negligence or wilful act or omission car false representation by any other Insured or any other person, wili not invalidate the insurance with respect to the Province Pantics. 7.4. The Policy will be issued by financially sound insurers licensed to carry on business in Canada or in one or more of the provinces or territories in Canada. Insurers will not cancel or materially change the Policy until sixty (60) days prim written notice has been giver, to the Operator and NBHC. 7.5. If closely held insurance facilities (e.g. captive, reciprocal or any other form of alternate risk financing) are used instead of conventional insurance to provide any insurance required by this HUP, the Applicant will provide ninety (90) days prior written notice to the Operator and the Subsidiary of the prograin structure and participants with sufficient information to permit the Operator and the Subsidiary to determine what, if any, supplementary insurance requirements may be needed (e.g. "cut -through'' endorsement to captive reinsurers) to ensure continued, ade—quate protection for the Operator, the Crown, NBHC, the Subsidiary, their permitted successors and assigns, and their respective shareholders, directors, officers, legislators, contractors, agents and employees required to be included as Insureds. 7.6. A certified true copy of the Policy, or ether documentation in form and content acceptable to the Operator and the Subsidiary, will be delivered to the Operator and the Subsidiary prior to any Wurk commencing., Certificates of insurance, or other documentation in farm and content acceptable to the Operator and the Subsidiary, eviderrciug any renewal of these iaswance policies or any replacement insurances, will be delivered to the OFrator and the Subsidiary not later than 1.5 days prior to the expiration of existing Policy. Ctaifled true copies of all renewal or replacement policies shall be delivered not later than 10 Business Days after a written regaest from the Operator or the Subsidiary. 7.7. If any contractor or subcontractor hired by the Applicant, or conducting any operations cr Work in connection with this HIP on behalf of the Applicant, is not insured undex the general liability msurarrce required. to be purchased and maintained by the Applicant, the contractor or subcontractor shall purchase and rrraintain in full farce during the term of its operations general liability insurance, in farm and content acceptable to the Operator and the Subsidiary, that meets all the coverage and administrative requirements set out in this Section 7. i•��el 8 S. HIGHWAY REALIGNMENT 8.1. In the went that the Highway is realigned, upon notice ft`om the Operator andlor NBHC, the Applicant will without delay, at its sole expense, (i) remove the, Work or any structure, appurtenances, attaclu nests, apparatus, devices and equipment associated with the Work located on the portion of the Highway that is abandoned due to the realignment (the "Abandoned Section"); and (ii) remedy and rehabilitate the portion of the Abandoned Section affected by the removal of the Work to the satisfaction of the Operator and NBHC. 9. TERMINATION 9.1.. This HUP shall terminate: (a) On the 3 W" day of June 2040, or (b) at the option of the Operator, with the Approval of the Subsidiary, upon a 30 business day written notice to the Applicant- (i) if the Approved Site is used for any purpose other than that described _< in Section 1.1; (R) if the Applicant breaches any of its obligations under this HUP and Fails to remedy or to diligently take ,steps to remedy the breach after xeceivitag written notice of the breach from the Operator; or (c) immediately without further act or notice in the event the Applicant shall not have commenced the Construction on the Approved Site within 120 business days from the Effeutive Bate; and 9.2. The Province Parties will not be liable to pay any amount for costs or damages incurred by the Applicant as a result of the termination of this HOP. 9.3. In the event the Applicant elects to terminate this HUP, it will so advise the Operator in writing which notice will terminate this HUP. Annual fees payablc in the year of termination will be pro -rated to the date oftennination. M. Upon termination of this HUP pursuant to Sections 9.1 or 93, the Applicant will proanptly fulfill its oatstaxading obligations under this HUP. 9.5. Despite any provision of the HUP, the Subsidiary or NBHC may, in their sole and absolute discretion, cancel, terminate or reinstate this HTJP in acwrdaace with such conditions as the Subsidiary and/or NBHC directs. P491i1 10. NATURE OF HUP 10.1. The Applicant's right to enter the Approved Site for the purpose of operating, repairing and maintaining the Work and related assets pursuant to this HUP is as a licensee only. This Hl ]P does not grant or convey to the Applicant any title to or proprietary interest in the Approved Site or the Highway. 10.2. The Operator does not represent or warrant to the Applicant that the Approved Site is located as shown on any plans, including the plans prepared by the Applicant or that N-BHC: owns or controis all or any portion of the right-of-way shown. The location of the Approved Site is determined by the Applicant at its sole risk and the Work is undertaken solely at the risk of the Applicant If the Applicant wishes to confirm or determine the title or ownership of the Approved Site, it will examine title and ownership at its own expense and the Operator and/or NBHC will not be required to produce any abstract of title, title deeds or any other evidence of title: other than those in possession of the Operator and/or NBRC. 10.3. This HUP is nonexclusive. The Operator reserves the right to grant permission to +ether persons to use the Approved Site except that the Operator will not permit any person to use the Approved Site in any war that would interfere with the Applicant's rase. 10.4. This HUP is subject to any other agreement, permission or right previously entered into or granted by the Province, NBHC, the Subsidiary or the Operator to any other persons_ or corporations to use: the Approved Site. The Applicant will not darnage or in any way intcrfiere with any other person's use and enjoyment, of the Approved Site, The Applicant will reimburse any person for any damages to their plant or equipment locate/ on the Approved Site arising from any act or omission of the Applicant in carrying out of the Work or operating, using;, and maintaining; the Work on the Approved Site. 10.5. This HUP in no way affects or binds any other minister, department, agency, or Crown Corporation of the Province of New Brunswick or shareholder or affiliate of the Operator. 11. GENERAL PROVISIONS 11.1. Notices. Any detnand, notice or other communication ("Notice") to be given in ,connection with this HL1P will be in writing and will b, given by personal delivery, conurrercial courier service, registered mail (postage prepaid) or by electronic transmission and addressed to the applicable recipient zs follows: to the Oper-agar at: Gateway Operations Limited 39 Phaeton Drive P. O. Box 1036 Hampton, NB E5N 8H1 Facsimile (506) 832-3408 231 to the Subsidiary at: m New Brunswick Highway Corporation PO Box 6000 Fredericton, NB M 5HI Attention: President Facsimile. (546) 457-7332 and to the Applicant at: NB ATV Federation 1925 Han^well Rd. Unit C Hanwell, NB EX IM4 Attention: Vance Johnson, Trail Coordinator Telephone: (506) 472-5130 Facsimile: (506) 472-5140 For the purpose of this Section 11.1 allotice will be considered validly given at the following times: Delivery Method Time of Notice - by personal delivery or day of actual delivery commercial courier service - by registered mail the 5`h Business Day following the deposit in the mail, except that in the event of an actual Or threatened disruption of regular postal service, notice will not be effective if given by mail. - By electronic transmission on the day of transmission If the time of delivery is not a Business Day or if the Notice is received after ordinary office hours at the place of receipt, the Notice will be considered received on the next business Day. Either Party may change its address for Notice by giving Notice to the either Party. 11.2. Waiver. The Operator, the Subsidiary or NBHC (the "Waiving Party") may, at its option, waive in whole or in part any obligation of the Applicant or any right the Waiving Party may have under this HUP C" Wa ver"). AL Waiver applies oialy to the specific matter it addresses, extends only to the Applicant and will not prejudice the right of the Waiving Party to exercise its rights or require the bsequCnt perforrnarice by the Applicant of any obligation under this HUP, including the waived obligation, on subsequent occasions, 11.3. Survival. Despite any other provision of this Agreement, Section 6 and all other provisions which by their nature would continue beyond the termination or expiry of this HUP will sui-vivo and remain in force until the Parties agree to thtir- terrnination. 09% 11 11.4. Entire Agreement. This HUP is a complete and self-cutitained record of the agreement between the Parties. No promise, representation, commitment, agreement, negotiation or disou ion by tither Party in any form, express or implied, that occurrcd before the execution of this H'UP is of any effect with respect to the subject matter of this HUP. The Parties aclmowledge that in entering into this HUP they have not relied on any promise, representation, cornmitmOxit, agreement, discussion w- ifformation, express or implied, that is not written in this HUP. A.5. Assignment. The Applicant may not assign this HUP or any part of it without the written consent of the Subsidiary. 11.6. Amendment. -NBHC or the Subsidiary may amend, transfer, suspend, renew or reinstate this HUP by givirIg written notiec to the Applicant. 11.7. Severability. If any term of this HUP (the "Invalidated Term") is found by a court of competent jurisdiction to be invalid or unenforceable for any reason, the Invalidated Term will not affect the remainder of this HUP. The Invalidated Term will be treated as being modified to the extent necessary to mare it enforocable while preserving as much as passible the intent of the Parties mpivssed in this HUP. 11.8. Signed Originals. Identical copies of this HUP may be signed separately by the Parties and combined to form fully executed originals. A signed HUP delivered by elcoixonic means is as valid as if delivered physically and will be tTeattd as an executed original of this HUP. 11.9. Time Requixernents.. Compliance with previsions of this HUP that establish deadlines is vital to this HUP and mandatory. 11.10. Governing Law. This HUP will be governed by the laws of New Brunswick and Canada. Each. forty submits to the exclusive jurisdiction of the courts of New Bnmswick for all matters arising from this HUP. 1.1.11. Further Assurances. The Parties will promptly take any further steps and execute any other documents that as may be reasonably requested or necessary to ,dive full effect to this HUP. 11.12. Binding Effect. This HUP is for the benefit of and binds the Parties and their successors and permitted assignees. 12. INT R-P"TATION 12.1. In this HVP; a) Terins used and not otherwise defined, which are defined in the Act will have the meaning ascribed to thi--na in the Act; P49191 12 b) "Business Day" mearts any day wilier is not a Saturday or a Sunday, or a day observed as a holiday under the laws of the Province of New Brunswick; c) The division of the text into Sections and paragraphs and the ianscrtion of headings are for the reader's convenience only and will not affect the interpretation of any provision; d) Words expressed in the singular iticlude the plural and vice versa. Words connoting gcndcr include both genders. A derivative of a defined term will have a corresponding meaning unless the context requires otherwise; e) In the event of a conflict between a provision of the main text and an attached schedule, the main text will prevail; f Citations of "Sections" are references to provisions of the main text, and may include articles, Sections, paragraphs or sub -paragraphs as indicated by the numbers or letters cited; g) Sums of money are expressed in Canadian currency. MCM1! 13 THE PARTIES enter into this Highway Usage Permit by signing below. GATEWAY OPERATIONS LIMITED Operator per� Marks Kenrky, P. Eng., NOSO O R Manager 1WE ATV FEDER,ATTON Applicant Per. '`fiance JohiLjo _ Trail Coordinator P49191 SCHEDULE KA_177 Approved Site Location 091.1 k � CANADA PROVINCE OF NEW BRCtNSWICK AFFIDAVIT OF EXECUTION I, Vauee Johnson, of the NB ATV Federation, MAKE OATH AND SAY: 1. THAT I am. the, Trail Coordinator for the NB ATV Federation, and am duly authorized to make this affidavit on behalf of the NB ATV ]Federation. , THAT I am aware of all circumstances connected with the foregoing Highway Usage Permit and have a petsaml knowledge of the facts herein deposed to. 3. THAT as President for the NB ATV Federation, I am authorized to execute documents in the name of and on behalf of the NB ATV Federation, regarding this HUP. 4. THAT the said signature was subscribed to t�P fDr the -pose of executia on behalf of the NB A`rV Federation, on the day of , 20 pRN TO B FORE ME t j in the } Cou of in the Provinc of e Brunswicic, this )_ff day of , 2UL BEFORE ME. f co'mmi aner of the TANYA MArINTYRE CpMMISSIONER OF OATHS My COMMISSION EXPIRES DECEMBER 31, 2026 i•19fj M&C No. M&C 2024-273 Report Date October 08, 2024 Meeting Date October 15, 2024 Service Area Growth and Community Development Services SUBJECT: Bill of Sale Equipment Damascus Restaurant: City Market EXECUTIVE SUMMARY OF COMMITTEE OF THE WHOLE REPORT FOR OPEN SESSION OF COUNCIL The City of Saint John has entered into a lease with House of Damascus Restaurant Inc. as of September 3rd, 2024 and per M&C 2024-217. As part of the sale, the new tenant has agreed to purchase some of the remaining equipment acquired by the City from the previous tenant. COUNCIL RESOLUTION 1. NOW THEREFORE BE IT RESOLVED that the city accept the sale of equipment as listed in the bill of sale attached as part of M&C 2024-273 with House of Damascus Restaurant Inc.; and 3. FURTHER BE IT RESOLVED that the Mayor and City Clerk be authorized to execute any necessary documents. P191%7 M&C No. 2024-278 Report Date October 10, 2024 Meeting Date October 15, 2024 Service Area General Counsel SUBJECT. Amended zoning requirement in APS of former Beiyea arena EXECUTIVE SUMMARY OF COMMITTEE OF THE WHOLE REPORT FOR OPEN SESSION OF COUNCIL An Agreement of Purchase and Sale with Belyea Village Ltd., for the sale of the two parcels of land comprising the former Hilton Belyea Arena, was approved by Council on October 1, 2024. Following the approval, but prior to the execution of the Agreement by the City, staff identified a term in the Agreement that was wrongly articulated in the Agreement. The recommendation herein will permit an amendment to the draft Agreement that corrects the term in question and allow the Agreement of Purchase and Sale to be finalized. The transaction contemplated in this Agreement is conditional upon the property being rezoned to low-rise residential to permit the development and the completion of a feasibility study. The proposal is for a residential development of low-rise townhouses. There will be an opportunity through the public hearing process for the public to provide feedback on the proposed development in the coming months. COUNCIL RESOLUTION It is recommended that the resolution regarding the sale of lands at 400 Lowell Street passed on October 1, 2024, be amended as follows: (1) That, subject to a corporation titled Belyea Village Ltd. being properly constituted under the laws of the Province of New Brunswick, the City enter into an Agreement of Purchase and Sale with Belyea Village Ltd. generally in the form as presented to Committee of the Whole at its meeting held Qcteber 1, PQ24 October 15, 2024, for the sale of the property located at 400 Lowell Street (PID 00394940 & PID 00471540), and that the Mayor and Clerk be authorized to execute the said Agreement of Purchase and Sale and any other documents necessary to facilitate the transaction. (2) That the proceeds of the sale of the said transaction, as stated in the said Agreement of Purchase and Sale, be deposited into the Strategic Real Estate Reserve. Q11K M&C No. 2024-275 Report Date October 08, 2024 Meeting Date October 15, 2024 Service Area General Counsel SUBJECT: Date of Coming -Into -Force for Stop Up and Closure of Retail Drive EXECUTIVE SUMMARY OF COMMITTEE OF THE WHOLE REPORT FOR OPEN SESSION OF COUNCIL The Retail Drive Realignment Project is moving forward. Council previously provided the necessary 3 readings to enact an amendment to By-law Number L.G. 4.1, A By-law Respecting the Closing of Roads, Streets or Highways in the City of Saint John, to close the portion of Retail Drive that will no longer be part of the redesigned Retail Drive. That by-law is to come into force on a date to be set later by resolution of Council. To bring certainty to the project staff are recommending that Council pass a resolution to set a date for the coming into force of the said by-law. COUNCIL RESOLUTION That the amendment to By-law Number L.G. 4.1, A By-law Respecting the Closing of Roads, Streets or Highways in the City of Saint John, relating to the stop up and closure of a portion of Retail Drive, which received third reading at Common Council's February 20, 2024 meeting, shall come into force thirty (30) days following the issuance of a Certificate of Final Completion for the Retail Drive Re - Alignment Project, as defined at s. 6.20.05 the City's General Specifications for that Project, and, in any event, no later than March 31, 2027.