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2023-03-20_Agenda Packet--Dossier de l'ordre du jour�B City of Saint John Common Council Meeting AGENDA Monday, March 20, 2023 7:00 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. 1. Call to Order 1.1 Land Acknowledgement 1.2 National Anthem 2. Approval of Minutes 2.1 Minutes of March 6, 2023 3. Approval of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda Pages 5-16 5.1 2023 Lifeguard Services (Recommendation in Report) 17 - 50 5.2 Initiate Stop -Up and Closure for Portion of Fieldstone Drive for Purpose of 51 - 55 Conveyance to Simpco Development Ltd. (Recommendation in Report) 5.3 Proposed Public Hearing Date: 55 McDonald Street and Zoning By-law Text 56 - 57 Amendments (Recommendation in Report) 5.4 Microsoft Unified Enterprise Support Services Agreement (Recommendation in 58 - 104 Report) 5.5 Public Information Session: Rockland Road — Burpee Avenue - Water, Sanitary 105 - 108 and Storm Sewer Renewal and Street Reconstruction (Recommendation: Receive for Information) 5.6 Public Information Session: Peters Street (Waterloo Street to Coburg Street) - 109 - 113 Water, Sanitary and Storm Sewer Renewal and Street Reconstruction (Recommendation: Receive for Information) 5.7 Public Information Session: Pitt Street and Britain Street— Water, Sanitary and 114 - 117 Storm Sewer Renewal and Street Reconstruction (Recommendation: Receive for Information) 5.8 Canadian Corps of Commissionaires NB & PEI Division 2023 Service 118 - 124 Agreement (Recommendation in Report) 6. Members Comments 7. Proclamation 8. Delegations / Presentations 9. Public Hearings - 6:30 p.m. 10. Consideration of By-laws 10.1 Stop Up and Close a portion of Newport Crescent (3rd Reading) 125 - 126 10.2 Proposed Zoning ByLaw Amendment with Section 59 Conditions - 50 Newport 127 - 130 Crescent (3rd Reading) 11. Submissions by Council Members 12. Business Matters - Municipal Officers 12.1 Waste Wise Update 131 - 162 12.2 Information Technology Assets, Systems, and Corporate Data Acceptable Use 163 - 186 Policy 13. Committee Reports 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 15.1 The Naval Reserve Centennial Gala Committee - Request for Purchase of 187 - 189 Tables (Recommendation: Refer to Clerk to purchase tickets for interested members of Council) 15.2 Just Us: We All Struggle Inc. - Request to Present (Recommendation: Refer to 190 - 191 2 Clerk to schedule presentation) 16. Supplemental Agenda 17. Committee of the Whole 17.1 Potential Purchase of Lands by Kelson & Kelson in McAllister Industrial Park 192 - 192 17.2 Rehabitat Inc. Boar's Head Road Development - 2nd Option Extension 193 - 193 17.3 Appointments to the Saint John Board of Police Commissioners and Security Clearance Requirement (Deferred to Meeting of April 3, 2023) 18. Adjournment K City of Saint John Common Council Meeting Monday, March 20, 2023 Committee of the Whole 1. Call to Order Si vous avez besoin des services en frangais pour une reunion de Conseil communal, veuillez contacter le bureau du greffier communal au 658-2862. Each of the following items, either in whole or in part, is able to be discussed in private pursuant to the provisions of subsection 68(1) of the Local Governance Act and Council / Committee will make a decision(s) in that respect in Open Session: 4:00 p.m., 2nd Floor Boardroom, City Hall 1.1 Approval of Minutes 68(1) 1.2 Legal Matter 68(1)(f) 1.3 Land Matter 68(1)(d) 1.4 Legal Matter 68(1)(c,f,g) 1.5 Land Matter 68(1)(d) 1.6 Land Matter 68(1)(d) 1.7 Legal Matter 68(1)(b,f) 1.8 Legal Matter 68(1)(f) 1.9 Financial Matter 68(1)(c) 1.10 Land Matter 68(1)(c,d) 1.11 Employment Matter 68(1)(j) 1.12 Employment Matter 68(1)(j) Ville de Sant John Reunion ordinaire du Conseil municipal Lundi 20 mars 2023, 18 h Salle du Conseil, 2e etage de I'H6tel de Ville Un moyen de communication electronique sera utilise lors de cette reunion. Le public peut assister a la reunion en personne, clans la salle du Conseil, ou par le biais du site Web de la Ville (www.saintiohn.ca) ou de Rogers TV. Comite plenier Si vous souhaitez obtenir des services en frangais pour une reunion du Conseil municipal, veuillez communiquer avec le bureau du greffier municipal, au 658-2862. Chacun des points suivants, en totalite ou en partie, peut faire I'objet d'une discussion en prive en vertu des dispositions du paragraphe 68(1) de la Loi sur la gouvernance locale. Le Conseil/Comite prendra une ou des decisions a cet egard au cours de la seance publique : 16 h — Seance a huis clos du comite plenier — Salle du Conseil, 2e etage 1.1 Approbation du proces-verbal — paragraphe 68(1) 1.2 Question de nature juridique — alinea 68(1)f) 1.3 Question liee a des biens-fonds — alinea 68(1)d) 1.4 Question de nature juridique — alineas 68(1)c), f), g) 1.5 Question liee a des biens-fonds — alinea 68(1)d) 1.6 Question liee a des biens-fonds — alinea 68(1)d) 1.7 Question de nature juridique — alinea 68(1)f) 1.8 Question de nature juridique — alinea 68(1)f) 1.9 Question liee aux finances — alinea 68(1)c) 1.10 Question liee a des biens-fonds — alineas 68(1)c), d) 1.11 Question Me a 1'emploi — alinea 68(1)j) 1.12 Question Me a 1'emploi — alinea 68(1)j) Seance ordinaire 1. Ouverture de la seance 1.1 Reconnaissance des territoires 1.2 Hymne national K 2. Approbation du proces-verbal 2.1 Proces-verbal de la reunion du 6 mars 2023 3. Adoption de I'ordre du jour 4. Divulgations de conflits d'interets 5. Questions soumises a I'approbation du conseil 5.1 2023 Services de sauvetage (recommendation contenue clans le rapport) 5.2 Obstruction et fermeture d'une partie de la promenade Fieldstone en vue de sa cession a Simpco Development Ltd. (Recommendation contenue clans le rapport) 5.3 Proposition de donnees pour la seance publique : 55 McDonald Street et modifications de I'Arrete de zonage (Recommendation contenue clans le rapport) 5.4 Contrat de service unifie avec Microsoft (Recommendation contenue clans le rapport) 5.5 Seance d'information publique : Rockland Road - Burpee Avenue — Renouvellement des reseaux d'aqueduc, d'egout sanitaire et d'egout pluvial et reconstruction des rues (Recommendation : Depot pour information) 5.6 Seance d'information publique : Peters Street (de Waterloo Street a Coburg Street) — Renouvellement des reseaux d'eau, d'assainissement et d'egouts pluviaux et reconstruction de la rue (Recommendation : Depot pour information) 5.7 Seance d'information publique : Pitt Street et Britain Street — Renouvellement des reseaux d'aqueduc, d'egout sanitaire et d'egout pluvial et reconstruction de la rue (Recommendation : Depot pour information) 5.8 Canadian Corps of Commissionaires NB & PEI Service Agreement 2023 (Recommendation contenue clans le rapport) 6. Commentaires presentes par les membres 7. Proclamation 8. Delegations et presentations 9. Audiences publiques K3 10. Etude des arretes municipaux 10.1 Obstruction et fermeture d'une partie de Newport Crescent (troisieme lecture) 10.2 Proposition de modification de I'Arrete de zonage avec les conditions de I'article 59 — 50 Newport Crescent (troisieme lecture) 11. Interventions des membres du conseil 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.1 Mise a jour concernant le programme Lo-logiclue 12.2 Actifs, systemes et donnees organisationnels clans le domaine des technologies de ('information et politiclue acceptable en matiere d'utilisation 13. Rapports deposes par les comites 14. Etude des sujets ecartes des questions soumises a I'approbation du Bureau 15. Correspondance generale 15.1 Comite du gala du centenaire de la Reserve navale — Demande d'achat de tables (Recommendation : Demander au greffier d'acheter des billets pour les membres du Conseil interesses) 15.2 Just Us : We All Struggle Inc.- Demande de presentation (Recommendation : Demander au greffier d'organiser la presentation) 16.Ordre du jour supplementaire 17. Comite plenier 17.1 Achat potentiel de terrains par Kelson & Kelson clans le parc industriel McAllister 17.2 Rehabitat Inc. Developpement du chemin Boar's Head — Prolongement de la 2e option 17.3 Nominations au conseil des commissaires de police de Saint John et exigence d'habilitation de securite «reportee a la reunion du 3 avril 2023» 18. Levee de la seance CI COMMON COUNCIL / CONSEIL COMMUNAL March 6, 2023 / le 6 mars 2023 The City of Saint job n MINUTES — REGULAR MEETING COMMON COUNCIL OF THE CITY OF SAINT JOHN MARCH 6, 2023 AT 6:00 PM 2ND FLOOR COMMON COUNCIL CHAMBER, CITY HALL An Electronic means of communication will be used at this meeting. The public may attend the meeting in person in the Council Chamber or view the meeting on the City's Website (www.saintjohn.ca) or on Rogers TV. Present: Mayor Donna Noade Reardon Deputy Mayor John MacKenzie Councillor -at -Large Brent Harris Councillor Ward 1 Greg Norton Councillor Ward 1 Joanna Killen Councillor Ward 2 Barry Ogden Councillor Ward 3 Gerry Lowe Councillor Ward 3 David Hickey Councillor Ward 4 Greg Stewart Councillor Ward 4 Paula Radwan Absent: Councillor -at -Large Gary Sullivan Also Present: Acting Chief Administrative Officer (CAO) J. Hamilton General Counsel M. Tompkins Chief Financial Officer Commissioner K. Fudge Senior Manager Human Resources K. Shannon Fire Chief K. Clifford Commissioner Utilities & Infrastructure Services I. Fogan Commissioner Public Works & Transportation M. Hugenholtz Director Legislative Services / City Clerk J. Taylor Administrative Officer R. Evans Administrative Assistant K. Tibbits Call to Order 61 COMMON COUNCIL / CONSEIL COMMUNAL March 6, 2023 / le 6 mars 2023 1.1 Land Acknowledaement Deputy Mayor MacKenzie read aloud the Land Acknowledgement and called for a moment of reflection. "The City of Saint John/Menaquesk is situated is the traditional territory of the Wolastoqiyik/Maliseet.The Wolastoqiyik/Maliseet along with their Indigenous Neighbours, the Mi'Kmaq/Mi'kmaw and Passamaquoddy/Peskotomuhkati signed Peace and Friendship Treaties with the British Crown in the 1700s that protected their rights to lands and resources." 1.2 National Anthem The Saint John Symphony Youth Orchestra performed O Canada by video. 2. Approval of Minutes 2.1 Minutes of February 21, 2023 Moved by Councillor Harris, seconded by Councillor Radwan: RESOLVED that the minutes of February 21, 2023, be approved. MOTION CARRIED. 2.2 Minutes of February 27, 2023 Moved by Councillor Killen, seconded by Councillor Harris: RESOLVED that the minutes of February 27, 2023, be approved. MOTION CARRIED. 3. Approval of Agenda Moved by Deputy Mayor MacKenzie, seconded by Councillor Hickey: RESOLVED that the agenda of March 6, 2023, be approved with the addition of item 17.1 Rapid Housing Initiative Round 3 — Projects Stream Submission. MOTION CARRIED. 4. Disclosures of Conflict of Interest Councillor Radwan declared a conflict of interest with Item 5.4 Engineering Services — Retail Drive Intersection Realignment. 5. Consent Agenda 5.1 RESOLVED that as recommended in the submitted report M&C 2023-52: Amendment to Urban Development Incentive Grant Agreement — 35 Cliff Street (Steepleview Development Inc.), the City of Saint John enter into an amending agreement with Steepleview Developments Inc., as attached to M&C report 2023-52, for an urban C.1 COMMON COUNCIL / CONSEIL COMMUNAL March 6, 2023 / le 6 mars 2023 development incentive grant, and that the Mayor and City Clerk be authorized to execute the agreement. 5.2 RESOLVED that as recommended in the submitted report M&C 2023-62: Name Change in License Agreement, Common Council authorize the Mayor and Common Clerk to execute the submitted "Agreement Change Order" to amend the License Agreement between the City of Saint John, Irving Oil Refining G.P. and Irving Oil Operations G.P. 5.3 RESOLVED that as recommended in the submitted report M&C 2023-47: Contract No. 2022-14: Rockwood Park Redevelopment Project Phase III, Common Council award Contract No. 2022-14: Rockwood Park Redevelopment Project Phase III to the low Tenderer, Dexter Construction Co. Ltd. at their tendered price of $1,577,823.00 (including HST) as calculated based upon estimated quantities, and further that the Mayor and City Clerk be authorized to execute the necessary contract documents. 5.4 Refer to Item 14.1 5.5 RESOLVED that as recommended in the submitted report M&C 2023-56: Materials Testing and Construction Inspection Services for 2023 and 2024, the proposal from Gemtec Consulting Engineers and Scientists Ltd., for Material Testing and Construction Inspection Services for 2023 and 2024 in the amount of $1,299,240.10 including HST be accepted and that the Mayor and City Clerk be authorized to execute the appropriate documentation in that regard. 5.6 RESOLVED that as recommended in the submitted report M&C 2023-61: 2023 Engineering Inspection Services, Council authorize staff to establish supply agreements with the seven (7) consulting firms identified in the report, at the hourly rates provided in this report totaling $655,000 plus HST for the provision of engineering inspection services for the 2023 Capital Construction projects being designed by City staff. 5.7 RESOLVED that as recommended in the submitted report M&C 2023-55: Evaporative Condenser System Upgrades — Stewart Hurley and Charles Gorman Arena, the tender submitted by Black & McDonald Limited, for the Evaporative Condenser System Upgrades at the Stewart Hurley and the Charles Gorman Arena in the amount of $124,680.00 (plus HST) be accepted; and that the Mayor and Clerk be authorized to execute the appropriate documentation in that regard. 5.8 RESOLVED that as recommended in the submitted report M&C 2023-59: Street Naming, Council amend the list of Official Street Names and approve the following changes: 1. Add the name "chemin Campus Ring Road"; 2. Add the name "allee Residence Lane"; and 3. Add the name "voie Abraham B. Walker Way". Moved by Deputy Mayor MacKenzie, seconded by Councillor Stewart: RESOLVED that the recommendation set out in each consent agenda item respectively, with the exception of item 5.4 which was identified for debate, be adopted. MOTION CARRIED UNANIMOUSLY 6. Members Comments r� COMMON COUNCIL / CONSEIL COMMUNAL March 6, 2023 / le 6 mars 2023 Members commented on various local events. 7. Proclamation 7.1 The Mayor declared March 21, 2023, as International Day for the Elimination of Racial Discrimination in The City of Saint John. 7.2 The Mayor declared the month of March 2023 as Kidney Month in The City of Saint John. 8. Delegations/Presentations 8.1 Human Development Council: New Brunswick's 2022 Child Poverty Report Card Moved by Deputy Mayor MacKenzie, seconded by Councillor Ogden: RESOLVED that the Human Development Council be permitted to make a presentation to Common Council. MOTION CARRIED. C. Driscoll and H. Atcheson, Human Development Council, reviewed the submitted presentation "New Brunswick's 2022 Child Poverty Report Card." The HDC releases an annual report card on the state of child poverty in New Brunswick. 13.5% of Canadian children lived in poverty in 2020. NB had the fifth highest child poverty rate (and fourth if only considering the provinces and not the territories). In NB child poverty decreased from 21.7% in 2019 to 16.6% in 2020, a decrease from 30,000 to 23,000 children. Although notable, it is not cause for celebration. The child poverty rate would have increased had it not been for the implementation of Covid-19 income support programs. With the elimination of these supports, child poverty rates will likely return to pre -pandemic levels. The highest child poverty rates in NB are in Campbellton, Bathurst, and Saint John. Saint John has the third highest poverty rate among cities in the province at 23.8%. Poverty rates in Wards 2 and 3 are more than double the average child poverty rate in the province. Moved by Deputy Mayor MacKenzie, seconded by Councillor Lowe: RESOLVED that the submitted presentation "Human Development Council: New Brunswick's 2022 Child Poverty Report Card" be received for information. MOTION CARRIED. 9. Public Hearings - 6:30pm 9.1 Proposed recission of former Section 39/59 Condition with Planning Advisory Committee report and Staff Presentation — 1382 Hickey Road J. Hamilton stated that this application, submitted by U-Haul Company Canada Ltd., seeks a Section 59 amendment at 1382 Hickey Road. The application would discharge a planning condition to allow for an extension of a self -storage facility on the site. The application has been evaluated by staff and the Planning Advisory Committee with a recommendation to approve the application. The necessary advertising was completed. E:3 COMMON COUNCIL / CONSEIL COMMUNAL March 6, 2023 / le 6 mars 2023 Y. Mattson reviewed the submitted presentation entitled "1382 Hickey Road — Section 59 Amendment." Mayor Noade Reardon called the Public Hearing to Order. The Mayor called for members of the public to speak against the proposed amendment with no one presenting. The Mayor called for members of the public to speak in favour of the proposed amendment with no one presenting. Mayor Noade Reardon closed the Public Hearing Moved by Councillor Stewart, seconded by Councillor Radwan: RESOLVED that Common Council, pursuant to Section 59 of the Community Planning Act, hereby rescind a portion of the resolution adopted on January 6, 2003, imposed on the rezoning of the property located at 1382 Hickey Road and identified as PID 55007066, which was made pursuant to the provisions of the Community Planning Act in effect at the time (RSNB 1973 as amended) by removing the following: x) The use of the site for the operation of a self storage warehouse facility is subject to the following additional conditions: a. The location of the facility is restricted to the southeastern portion of the site, to the area rear of the existing car wash building. MOTION CARRIED. 9.2 StoD UD and Close — Dortion of Newport Crescent (1st and 2nd Readin C. Langille, Real Estate Manager, stated that in December 2022, Council considered a staff report to initiate a street closure for a portion of Newport Crescent, and if supported, to sell this portion of Newport Crescent to the United Church of Canada for $5000 with all cost payable by the proponent. The Church owns both sides of this portion of Newport Crescent and intends to develop townhouses and a four-story apartment building. The necessary advertising was completed with regard to the proposed by-law amendment to stop -up and close a portion of Newport Crescent, by adding thereto Section 7 immediately after Section 6 thereof, with no objections received. Mayor Noade Reardon called the Public Hearing to Order. The Mayor called for members of the public to speak against the proposed amendment with no one presenting. The Mayor called for members of the public to speak in favour of the proposed amendment with no one presenting. Mayor Noade Reardon closed the Public Hearing. Moved by Deputy Mayor MacKenzie, seconded by Councillor Harris COMMON COUNCIL / CONSEIL COMMUNAL March 6, 2023 / le 6 mars 2023 RESOLVED that the by-law entitled, "By -Law Number L.G. 4-1 A By -Law respecting the Closing of Roads, Streets, or Highways in The City of Saint John" regarding a portion of Newport Crescent by adding thereto Section 7 immediately after Section 6 thereof, be read a first time. MOTION CARRIED. Read a first time by title, the by-law entitled, "By -Law Number L.G. 4-1 A By -Law respecting the Closing of Roads, Streets, or Highways in The City of Saint John." Moved by Councillor Lowe, seconded by Councillor Killen: RESOLVED that the by-law entitled, "By -Law Number L.G. 4-1 A By -Law respecting the Closing of Roads, Streets, or Highways in The City of Saint John" regarding a portion of Newport Crescent by adding thereto Section 7 immediately after Section 6 thereof, be read a second time. MOTION CARRIED. Read a second time by title, the by-law entitled, "By -Law Number L.G. 4-1 A By -Law respecting the Closing of Roads, Streets, or Highways in The City of Saint John." 10. Consideration of By-laws 10.1 By-law respecting the Powers and Duties of the Chief Administrative Officer of The City of Saint John (3rd Reading) General Counsel, M. Tompkins, stated that the Local Governance Act states that the CAO of the local government has the powers and duties prescribed by Council through by-law. Traditionally, Saint John's top leadership position has been referred to as City Manager. The Chief Administrative Officer ("CAO") by-law is intended to align the title of the City's top leadership position with the terminology in the Local Governance Act and establish and define the powers of the CAO. Moved by Deputy Mayor MacKenzie, seconded by Councillor Killen: RESOLVED that the by-law entitled, "By -Law No. L.G.-19 A By -Law respecting the Powers and Duties of the Chief Administrative Officer of The City of Saint John," be read in summary. MOTION CARRIED. In accordance with the Local Governance Act sub -section 15(3) the by-law entitled, "By - Law No. L.G.-19 A By -Law respecting the Powers and Duties of the Chief Administrative Officer of The City of Saint John" instead of being read in its entirety was read in summary. Moved by Councillor Hickey, seconded by Councillor Killen: RESOLVED that the by-law entitled, "By -Law No. L.G.-19 A By -Law respecting the Powers and Duties of the Chief Administrative Officer of The City of Saint John," be read a third time, enacted, and the Corporate Common Seal affixed thereto. MOTION CARRIED. ito] COMMON COUNCIL / CONSEIL COMMUNAL March 6, 2023 / le 6 mars 2023 Read a third time by title, the by-law entitled, "By -Law No. L.G.-19 A By -Law respecting the Powers and Duties of the Chief Administrative Officer of The City of Saint John." 10.2 Zoning By -Law Amendment with Section 59 Conditions — 54-58 Broad Street and 57 Broadview Avenue (31d Reading) J. Hamilton stated that the amendment would permit an affordable housing development. All applicable requirements under the Community Planning Act have been satisfied. Moved by Councillor Lowe, seconded by Councillor Hickey: RESOLVED that the by-law entitled, "By -Law Number C.P. 111-146 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 400 square metres, located at 58 Broad Street and 67 Broadview Avenue also identified as a portion of PIDs 55083067 and 00000224 from Neighbourhood Community Facility (CFN) to Urban Centre Residential (RC), be read. MOTION CARRIED The by-law entitled, "By -Law Number C.P. 111-146 A Law to Amend the Zoning By -Law of The City of Saint John," was read in its entirety. Moved by Councillor Harris, seconded by Deputy Mayor MacKenzie: RESOLVED that Common Council rescind the Section 59 conditions imposed on the November 15, 2021, rezoning of the property located at 54 Broad Street, also identified as PID Numbers 00000232 and 55086151. MOTION CARRIED. Moved by Councillor Radwan, seconded by Councillor Ogden: RESOLVED that Common Council, pursuant to the provisions of Section 59 of the Community Planning Act, impose the following conditions on the parcel of land having an area of approximately 1025 square metres, located at 54-58 Broad Steet and 67 Broadview Avenue also identified as PID Numbers 00000232 and 55086151 and a portion of PID Numbers 55083067 and 00000224: a. The development and use of the parcel of land be in accordance with detailed building elevation and site plans, prepared by the proponent and subject to the approval of the Development Officer, illustrating the design and location of buildings and structures, garbage enclosures, outdoor storage, driveway accesses, vehicle, and bicycle parking, loading areas, landscaping, amenity spaces, signs, exterior lighting, and other such site features, and that the elevation and site plans be attached to the permit application for the development of the parcel of land. b. The parcel of land be developed and maintained in accordance with an engineering storm water drainage plan and design report, prepared by a professional engineer on behalf of the proponent and subject to the approval of the Chief City Engineer, and that such approved plan and report be attached to any development and/or building permit for the proposed development. 11 COMMON COUNCIL / CONSEIL COMMUNAL March 6, 2023 / le 6 mars 2023 c. Should any municipal infrastructure improvements be required to service this proposal; it will be the owner/developer's full responsibility and cost to complete. Prior to determining the requirement for any municipal infrastructure improvements, detailed engineering plans and a design brief must be submitted by the owner/developer's engineering consultant to the City for review and approval by the City. MOTION CARRIED. Moved by Councillor Ogden, seconded by Deputy Mayor MacKenzie: RESOLVED that the by-law entitled, "By -Law Number C.P. 111-146 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 400 square metres, located at 58 Broad Street and 67 Broadview Avenue also identified as a portion of PIDs 55083067 and 00000224 from Neighbourhood Community Facility (CFN) to Urban Centre Residential (RC), be read a third time, enacted, and the Corporate Common Seal affixed thereto. MOTION CARRIED. Read a third time but title, the by-law entitled, "By -Law Number C.P. 111-146 A Law to Amend the Zoning By -Law of The City of Saint John." 10.3 Zoning By -Law Text Amendment for Converted Accommodation (3rd Reading) J. Hamilton stated that this application would establish provisions for converted accommodation uses and permit the conversion of hotel and motel buildings into dwelling units in certain commercial zones to facilitate affordable housing. All applicable requirements of the Community Planning Act have been satisfied. Moved by Councillor Stewart, seconded by Councillor Lowe: RESOLVED that the by-law entitled, "By -Law Number C.P. 111-145 A Law to Amend the Zoning By -Law of The City of Saint John" amending section 3.1; adding section 9.22; amending section 11; amending subsection 11.1(1); amending subsection 11.4(1); amending subsection 11.5(1); and amending subsection 11.7(1), be read in summary. MOTION CARRIED In accordance with the Local Governance Act sub -section 15(3) the by-law entitled "By - Law Number C.P. 111-145 A Law to Amend the Zoning By -Law of The City of Saint John," instead of being read in its entirety was read in summary. Moved by Councillor Killen, seconded by Councillor Hickey: RESOLVED that the by-law entitled, "By -Law Number C.P. 111-145 A Law to Amend the Zoning By -Law of The City of Saint John" amending section 3.1; adding section 9.22; amending section 11; amending subsection 11.1(1); amending subsection 11.4(1); amending subsection 11.5(1); and amending subsection 11.7(1), be read a third time, enacted, and the Corporate Common Seal affixed thereto. MOTION CARRIED. 12 COMMON COUNCIL / CONSEIL COMMUNAL March 6, 2023 / le 6 mars 2023 Read a third time by title, the by-law entitled "By -Law Number C.P. 111-145 A Law to Amend the Zoning By -Law of The City of Saint John." 11. Submissions by Council Members 12. Business Matters — Municipal Officers 12.1 Chief Administrative Officer Update on Select Catalytic Projects and Advocacy Verbal J. Hamilton, Acting CAO, provided an update on four catalytic growth initiatives including the Innovative Central Peninsula Learning Commons, the Comprehensive Recreation and Arts Facility, Investment in Industrial Parks, and Affordable Housing. Moved by Councillor Hickey, seconded by Councillor Harris: RESOLVED that the Chief Administrative Officer verbal update on Select Catalytic Projects and Advocacy, be received for information. MOTION CARRIED. 12.2 Community Grants Proaram 2023 J. Hamilton noted that the Community Grants Committee was tasked with allocating $184K of funding. The recommendations on its allocation are aligned with the Community Grants policy and Council's priorities to support valuable community programming. C. Coes, Manager Community Support Services, provided an overview of the submitted recommendation. The program supports local, non-profit groups to promote a healthy, active, and inclusive community, and the delivery of social, cultural, and recreational activities. The 2023 Community Grants Evaluation Committee evaluated 33 grant applications for organizational support, community projects, and special events, totaling over $380,547 in requests. Moved by Councillor Hickey, seconded by Deputy Mayor MacKenzie: RESOLVED that as recommended in the submitted report M&C 2023-60: Community Grants Program 2023, Common Council approve the recommendations of the Community Grants Committee for the granting of funding to the successful applicants for the 2023 Community Grants Program, as indicated in M&C report 2023-60. MOTION CARRIED. 13. Committee Reports 13.1 Growth Committee: Affordable Housing Grant Program — Policy Amendment Councillor Killen, Chair of the Growth Committee, stated that the Growth Committee recently endorsed the Municipal Affordable Housing Grant program. The proposed amendment would ensure that projects currently undergoing a planning approval process can be considered by the Grant Evaluation Committee with the First Grant Cycle to receive conditional approval. Several projects had already applied for planning approvals prior to 13 COMMON COUNCIL / CONSEIL COMMUNAL March 6, 2023 / le 6 mars 2023 seeking Grant funding and met the objectives in the policy, in particular project readiness. This amendment will ensure the policy wording aligns with the policy objectives. It also ensures that the Grant Program supports timely funding initiatives such as Rapid Housing Initiative projects. Moved by Councillor Killen, seconded by Councillor Hickey: RESOLVED that as recommended by the Growth Committee in the submitted report M&C 2023-51: Affordable Housing Grant Program — Policy Amendment, Common Council amend the Affordable Housing Grant Program Policy, as presented to Growth Committee on February 22, 2023, to ensure viable projects are not excluded from consideration on technicality. MOTION CARRIED. 13.2 Growth Committee: Community Services Reserve Councillor Killen, Chair of the Growth Committee, stated that the Growth Committee is recommending this new policy for the Community Services Reserve Fund. Council allocated $800,000 in initial seed funding for this reserve as part the 2023 Operating Budget. It will provide additional flexibility for the Growth Committee and ultimately Council to support innovation, piloting and testing new one-time initiatives intended to improve quality of life and enhance inclusion or community development. Growth Committee endorsed the Policy while directing staff to bring the policy to Council with an amendment to permit expenditures to exceed a $250,000 funding limit with a substantiated business case. The report also outlines the availability of other reserves and other grants in 2023 for additional context. Moved by Councillor Killen, seconded by Deputy Mayor MacKenzie: RESOLVED that as recommended by the Growth Committee in the submitted report M&C 2023-57: Community Services Reserve, Common Council establish a Community Services Reserve Fund from $800,000 in initial seed funding that was budgeted as part the 2023 Operating Budget and that Common Council approve the Community Services Reserve Policy as attached to M&C 2023-57, which will guide the use of this fund. MOTION CARRIED. 14. Consideration of Issues Separate from Consent Agenda (Councillor Radwan withdrew from the meeting) 14.1 Engineering Services — Retail Drive Intersection Realignment In response to a concern with respect to a current business owner who could be adversely impacted by the realignment and traffic flow, Mr. Baker noted that as the process unfolds, it will include consultation and discussion with landowners to address issues and concerns. Moved by Deputy Mayor MacKenzie, seconded by Councillor Hickey: RESOLVED that as recommended in the submitted report M&C 2023-54: Engineering Services — Retail Drive Intersection Realignment, the proposal from EXP Services Inc., for engineering design services for the Retail Drive Intersection Realignment project in the 10 14 COMMON COUNCIL / CONSEIL COMMUNAL March 6, 2023 / le 6 mars 2023 amount of $144,865.50 including HST be accepted and that the Mayor and City Clerk be authorized to execute the appropriate documentation in that regard. MOTION CARRIED with Councillor Harris voting nay, reiterating that he does not support the Retail Drive Intersection Realignment project. (Councillor Radwan re-entered the meeting) 15. General Correspondence 15.1 C&M Osborne: Feedback on Waste Wise Program (Recommendation: Refer to CAO) Moved by Deputy Mayor MacKenzie, seconded by Councillor Hickey: RESOLVED that the letter from C&M Osborne regarding Feedback on the Waste Wise Program, be referred to the Chief Administrative Officer. MOTION CARRIED. 15.2 Request for Sponsorship — SJ Union Basketball (Recommendation: Receive for Information) Moved by Councillor Killen, seconded by Deputy Mayor MacKenzie: RESOLVED that the request for sponsorship from SJ Union Basketball be received for information. MOTION CARRIED. 16. Supplemental Agenda 17. Committee of the Whole 17.1 Rapid Housina Initiative Round 3 — Proiects Stream Submission Moved by Deputy Mayor MacKenzie, seconded by Councillor Hickey: RESOLVED that as recommended by the Committee of the Whole, having met on March 6, 2023, Common Council: 1. Direct the Chief Administrative Officer to submit applications to Canada Mortgage Housing Corporation (CMHC) Rapid Housing Initiative Round 3, Project Stream, on behalf, and with consent of the following non-profit organizations to all terms and conditions of the city: V. Kaleidoscope Social Impact (39 units, 58 Broad Street/Broadview Avenue) VI. Unified Saint John Housing Co -Op (12 units, 53-57 Victoria Street) VII. Housing Alternatives (60 units, West Side) VIII. John Howard Society (12 units, 21 Troop Street) 2. Further direct the Chief Administrative Officer to negotiate back-to-back agreements, and any amendments or consents arising from them, with the identified non-profit housing 11 15 COMMON COUNCIL / CONSEIL COMMUNAL March 6, 2023 / le 6 mars 2023 organizations, to distribute CMHC Rapid Housing Initiative funding should the applications be successful, and return to Council with said agreements for approval; and, 3. Authorize the Mayor and Clerk to execute a CMHC Integrity declaration on behalf of the City of Saint John, generally in the form as attached to M&C 2023-53. MOTION CARRIED. 18. Adjournment Moved by Councillor Lowe, seconded by Councillor Killen: RESOLVED that the meeting of Common Council held on March 6, 2023, be adjourned. MOTION CARRIED. The Mayor declared the meeting adjourned at 7:35 p.m. City Clerk 12 COMMON COUNCIL REPORT M&C No. 2023-67 Report Date March 13, 2023 Meeting Date March 20, 2023 Service Area Growth and Community Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT. 2023 lifeguard Services AUTHORIZATION Primary Author Commissioner/Dept. Head Chief Administrative Officer Jen Reed Jacqueline Hamilton J. Brent McGovern RECOMMENDATION Your Chief Administrative Officer recommends Common Council authorize the Mayor and City Clerk to execute the 2023 Lifeguard Services contract with the Canada Games Aquatic Centre as attached in M&C 2023- 67 (Attachment A). EXECUTIVE SUMMARY The City of Saint John commits to providing lifeguard services seven days per week from late June until Labour Day at Dominion Park, Lily Lake, Fisher Lakes and the Little River Reservoir beaches. The contracted services by the Canada Games Aquatic Centre are to span years 2023 to 2026 with incremental increases each season. PREVIOUS RESOLUTION May 215t, 2019, RESOLVED- M&C 2019-126: 2019 Lifeguarding Service, Common Council authorize the Mayor and Common Clerk execute the 2019 Lifeguard Services contract with the Canada Games Aquatic Centre as attached to M&C 2019-126 REPORT The City of Saint John commits to providing lifeguard services seven days per week from late June until Labour Day at Dominion Park, Lily Lake, Fisher Lakes, and the Little River Reservoir beaches. The Canada Games Aquatic Centre (CGAC) has successfully provided these services for multiple contracts in the past, most recently for the 2019 through 2022 seasons. The CGAC has submitted a proposal to continue providing these services for the 2023 season from June 24th until September 4th, 2023, for the contracted amount 17 -2- of $195,500.00 plus HST. The operating hours and service levels are consistent with previous years. The costs associated with lifeguarding services have increased significantly since finalizing the previous contract in 2022; primarily due to increases in minimum wage, (2022 $176,984.00 plus HST- an increase of 10.46%). The 2023 contract reflects the required adjustments to accommodate these increases, with a 2% annual increase applied for the remaining years (2024, 2025, 2026). Considering the experience and qualifications of the CGAC's management and lifeguard staff, the City Parks & Recreation management staff are confident in the ability of the CGAC to execute multi -year lifeguarding services. STRATEGIC ALIGNMENT This report aligns with Council's Priorities of BELONG by enhancing the quality of life and social well-being through the offering of recreation, arts, and cultural opportunities to align with PlaySJ and PERFORM by establishing a sustainability Recreation Subsidization Policy SERVICEAND FINANCIAL OUTCOMES The proposed contracted amount of $195,500.00 plus HST falls within the 2023 Growth and Community Services Operating budget allocated for the provisions of lifeguard services. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Public Works and Transportation, Finance and General Counsel have provided input for this report. Supply Chain Management has reviewed the requirements and are satisfied that a sole source engagement is justified. ATTACHMENTS Attochment'A' - 2023 Lifeguard Services Contract iF:3 LIFEGUARD SERVICES CONTRACT THIS CONTRACT (the "Contract") made in triplicate effective as of the day of , 2023 (the "Effective Date"). B E T W E E N: THE CITY OF SAINT JOHN, having its offices at the City Hall Building at 15 Market Square, Saint John, New Brunswick, a body corporate by Royal Charter, confirmed and amended by Acts of the Legislative Assembly of the Province of New Brunswick, hereinafter referred to as the "City" [a]21:1a9I:-1129\311 —AND— SAINTJOHN AQUATIC CENTER COMMISSION, a public body corporate and politic, incorporated pursuant to an Act of the Legislative Assembly of the Province of New Brunswick, hereinafter called the "Aquatic Center" OF THE SECOND PART The purpose of this Contract is for the lifeguard services to provide safety supervision to the public who attend the Dominion Park, Little River Reservoir, Lily Lake (Rockwood Park) and Fisher Lake (Rockwood Park) beaches. Common Council on (date) unanimously adopted the following resolution: (resolution) NOW THEREFORE THIS CONTRACT WITNESSETH that in consideration of the mutual covenants and agreements herein and subject to the terms and conditions set out in this Contract, the Parties agree as follows: 12 ARTICLE 1 INTERPRETATION AND GENERAL PROVISIONS 1.1 No Indemnities from the City (1) Notwithstanding anything else in this Contract, any express or implied reference to the City providing an indemnity or incurring any other form of indebtedness or contingent liability that would directly or indirectly increase the indebtedness or contingent liabilities of the City, whether at the time of execution of this Contract or at any time during the Term or any extensions thereof, shall be void and of no legal effect. 1.2 Entire Contract (1) This Contract embodies the entire agreement between the Parties and supersedes any prior understanding or agreement between the Parties relating to the subject matter hereof and in existence at the Effective Date. (2) The Parties agree that in entering into this Contract they have not relied upon any oral or written agreements, representations, warranties, promises, information, or understandings, express or implied, not specifically set forth in this Contract. 1.3 Severability (1) If any term or condition of this Contract, or the application thereof to the Parties or to any Persons or circumstances, is to any extent invalid or unenforceable, the remainder of this Contract, and the application of such term or condition to the Parties, Persons or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby. 1.4 Priority of Documents (1) In the event of a conflict or inconsistency between any provisions in this Contract and the Schedules, the main body of this Contract shall govern over the Schedules. (2) In the event of a conflict or inconsistency between any provisions in the Request for Proposals and the Proposals, the main body of the Request for Proposals shall govern over the Proposals. (3) In the event of any other conflict or inconsistency not contemplated in this section 1.4, the matter shall be referred to Dispute Resolution. 1.5 Conflict with Laws (1) For greater certainty, in the event of a conflict or inconsistency between any provisions of this Contract and any Applicable Laws, the Applicable Laws shall govern and prevail to the extent of such conflict or inconsistency. K91 13 1.6 Headings and Grammatical Variations (1) The division of this Contract into articles, sections, subsections, and paragraphs, and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this Contract. (2) In this Contract, grammatical variations of any defined terms shall, unless the context otherwise requires, have similar meanings to such defined terms, words denoting the singular include the plural and vice versa, and words denoting any gender include all genders. 1.7 Notices (1) Notices shall be in writing and shall be delivered by courier or personal delivery and shall be addressed to, in the case of service upon the City, the City Address to the attention of the Common Clerk or, in the case of service upon the Aquatic Center, to the Aquatic Center Address to the attention of the General Manager. (2) Notices shall be deemed to have been given in the case of courier or personal delivery one calendar day after such notice is received by the other Party. In the event of a courier disruption, notices must be given by personal delivery or by facsimile. Unless the Parties expressly agree in writing to additional methods of notice, notices may only be provided by the methods contemplated in this section. 1.8 Governing Law (1) This Contract shall be governed by and construed in accordance with the laws of the Province of New Brunswick and the federal laws of Canada applicable therein. 1.9 Modifications and Amendments (1) This Contract may not be modified or amended except by an instrument in writing signed by the Parties hereto or by their successors or permitted assigns. 1.10 Enurement (1) This Contract shall extend to, be binding upon and enure to the benefit of the Parties and their respective successors and permitted assigns. 1.11 Approval (1) Wherever the provisions of this Contract require or provide for an approval by the other Party or to any action or any Person, this Contract shall be deemed to provide that: (a) Such request for approval shall be sent to the other Party or Person from whom such approval is requested in writing and shall: 21 14 (i) contain or be accompanied by any documentation or information required for such approval in reasonably sufficient detail, as determined by the party receiving the request, acting reasonably; (ii) clearly set forth the matter or matters in respect of which such approval is being sought; (iii) form the sole subject matter of the correspondence containing such request for approval; and (iv) clearly state that such approval is being sought; (b) Such approval shall be in writing; (c) Such approval shall not be unreasonably or arbitrarily withheld or delayed (unless the text hereof expressly states that such approval may be unreasonably or arbitrarily withheld or shall be subject to the sole and/or absolute discretion of a Party); and (d) Any Dispute as to whether or not such approval has been unreasonably withheld or delayed shall be referred to Dispute Resolution. ARTICLE 2 TERM 2.1 Term (1) The Term of this Contract for the 2023 season will commence at 10:45am AST on the day after the last day for students at Anglophone School District — South schools in June, 2023, and continue until 5:45pm AST on Labour Day in September, 2023 (the "Expiry Date"), for all Beaches, unless terminated sooner by the City as provided under Article 9 of this Contract. (2) This Contract shall be extended on an annual basis for three (3) consecutive seasons (2024 — 2026) conditional upon Common Council approving the budget for lifeguard services in the City's operating budget for the corresponding year. (3) The Term of this Contract for the 2024 season will commence at 10:45am AST on the day after the last day for students at Anglophone School District — South schools in June, 2024, and continue until 5:45pm AST on Labour Day in September, 2024 (the "Expiry Date"), for all Beaches, unless terminated sooner by the City as provided under Article 9 of this Contract. (4) The Term of this Contract for the 2025 season will commence at 10:45am AST on the day after the last dayfor students at Anglophone School District —South schools in June, 2025, WA 15 and continue until 5:45pm AST on Labour Day in September, 2025 (the "Expiry Date"), to all Beaches, unless terminated sooner by the City as provided under Article 9 of this Contract. (5) The Term of this Contract for the 2026 season will commence at 10:45am AST on the day after the last day for students at Anglophone School District — South schools in June, 2026, and continue until 5:45pm AST on Labour Day in September, 2026 (the "Expiry Date"), for all Beaches, unless terminated sooner by the City as provided under Article 9 of this Contract. (6) The occurrence of a Force Majeure Event will not extend the Term beyond the Expiry Date. (7) Should the City wish to add lifeguarding services to additional beaches, the cost and capacity to offerthe service will be determined in consultation with the Saint John Aquatic Center Commission prior to the annual extension of the Contract for the year when the change will be implemented and conditional upon Common Council approving the budget. ARTICLE 3 STATUS OF AQUATIC CENTER 3.1 Capacity of Aquatic Center (1) The Parties represent and warrant that they have the full right, power, and authority to enter into this Contract and there is no contract with any other Person which would in any way interfere with the rights of the Parties under this Contract. 3.2 Authority of Representatives (1) The Parties represent that their respective representatives have the authority to legally bind them to the extent permitted by Applicable Law. 3.3 No Partnership, Agency etc. (1) The Aquatic Center shall have no power or authority to bind the City or to assume or create any obligation or responsibility, express or implied, on behalf of the City. The Aquatic Center shall not hold itself out as an agent, partner or employee of the City in the context of this Contract. (2) Nothing in this Contract shall have the effect of creating an employment, partnership or agency relationship between the City and the Aquatic Center (or any of the Aquatic W 16 Center's directors, officers, employees, agents, partners, associates, affiliates or Subcontractors). 3.4 Acts and Omissions (1) The Aquatic Center acknowledges and agrees that it is liable for the acts and omissions of its directors, officers, employees, agents, partners, associates, affiliates and Subcontractors. This paragraph is in addition to and not in derogation of any and all of the Aquatic Center's liabilities under this Contract and under the general application of Applicable Law. (2) The Aquatic Center shall advise those individuals and entities, for whom it is responsible of its obligations under this Contract and, without limiting the generality of the foregoing, shall take all appropriate action to ensure compliance with this Contract, including, without limitation, section 3.7 of this Contract. (3) In addition to any other liabilities of the Aquatic Center pursuant to this Contract or otherwise at law or in equity, the Aquatic Center shall be liable for all Claims arising from any breach of this Contract resulting from the actions of the individuals and entities, as provided in subsection 3.4(1). 3.5 No Subcontracting or Assignment (1) The Aquatic Center shall not subcontract or assign the whole or any part of this Contract or any monies due under it without the prior Approval of the City (which approval may be arbitrarily withheld). Such consent shall be in the sole discretion of the City and subject to the terms and conditions that may be imposed by the City. (2) Without limiting the generality of the conditions which the City may require in its sole and absolute discretion prior to consenting to the Aquatic Center's use of a Subcontractor, every contract entered into by the Aquatic Center with a Subcontractor shall adopt all of the terms and conditions of this Contract as far as applicable to those parts of the Services provided by the Subcontractor. For greater clarity, the Aquatic Center agrees that prior to using a Subcontractor, the Aquatic Center shall request the Approval of the City Representative. (3) Nothing contained in this Contract shall create a contractual relationship between any Subcontractor or its directors, officers, employees, agents, partners, associates, affiliates or Subcontractor and the City. 3.6 Change of Control (1) In the event that there is a change of control in the Aquatic Center, the Aquatic Center shall immediately disclose such change in control to the City and shall comply with any terms and conditions subsequently prescribed by the City resulting from the disclosure. I7 3.7 Non -Exclusive Contract, Work Volumes (1) The Aquatic Center acknowledges that it is providing the Services to the City on a non- exclusive basis and the City makes no representation regarding the volume of goods and services required (if any) under this Contract. (2) The City reserves the right at any time to contract with other parties for the same or similar goods and services as those provided by the Aquatic Center and reserves the right to obtain the same or similar goods and services internally. 3.8 Remedies Cumulative (1) No reference to or exercise of any specific right or remedy by a Party shall prejudice or preclude such Party from exercising or invoking any other remedy, whether allowed under this Contract or generally at law or in equity, and the express provisions of this Contract as to certain rights and remedies are not to be interpreted as excluding any other or additional rights and remedies available to the City or the Aquatic Center under this Contract or Applicable Law, or otherwise, at law or in equity. 3.9 Conflicts of Interest (1) The Aquatic Center shall: (a) Avoid any Conflict of Interest in the performance of its contractual obligations under this Contract; (b) Disclose without delay any actual or potential Conflict of Interest that arises during the performance of its contractual obligations with the City; and (c) Comply with any requirements prescribed by the City to resolve any Conflict of Interest. (2) In addition to all other contractual rights or rights available at law or in equity, the City may, in its sole and absolute discretion, immediately terminate this Contract upon giving notice to the Aquatic Center where: (a) The Aquatic Center fails to disclose an actual or potential Conflict of Interest; (b) The Aquatic Center fails to comply with any requirements prescribed by the City to resolve a Conflict of Interest; or (c) The Aquatic Center's Conflict of Interest cannot be resolved. This paragraph shall survive any termination or expiry of this Contract. i►R 18 ARTICLE 4 PERFORMANCE BY THE AQUATIC CENTER 4.1 Commencement of Performance (1) The Aquatic Center shall commence the Services on the dates and times as follows: (a) Starting June 241h, 2023 at 10:45 am AST at Dominion Park, Little River Reservoir; Lily Lake (Rockwood Park) and Fisher Lake (Rockwood Park) beaches. 4.2 Performance WarrantyThe Aquatic Center hereby represents and warrants that the Services shall be provided fully and diligently in a professional and competent manner by persons qualified and skilled in their occupations and furthermore that all Services will be provided in accordance with: (a) This Contract; (b) Good Industry Practice; and (c) Applicable Laws. If any of the Services, in the opinion of the City, are inadequately provided or require corrections, the Aquatic Center shall forthwith make the necessary rectification or corrections, at its own expense, as specified by the City in a rectification notice. 4.3 No Waiver (1) Any failure by the City to insist in one or more instances upon strict performance by the Aquatic Center of any of the terms or conditions of this Contract shall not be construed as a waiver by the City of its right to require strict performance of any such terms or conditions or any other terms or conditions, and the obligations of the Aquatic Center with respect to such performance shall continue in full force and effect. ARTICLE 5 SERVICES BY AQUATIC CENTER 5.1 Responsibilities and Obligations of Aquatic Center (1) The Aquatic Center shall perform the Services, at all Beaches, as set out in this Contract, and shall ensure that Lifeguards, without limitation, shall: (a) Intervene to prevent injuries in and around the aquatic environment; (b) Foster a good public image and adhere to professional standards; MCI I9 (c) Meet responsibilities of varying importance in their role as Lifeguards which include to themselves, to those they protect, to fellow beach staff, to the City, and to all Beaches; (d) Meet or exceed their responsibility to the City by promoting a positive and professional attitude, appearance, and behaviour, at all times; (e) Meet or exceed their responsibility to those under their protection by giving them the diligent and constant supervision expected both morally and legally. As well, they must create a friendly and positive beach experience through public relations skills; and (f) Meet or exceed their responsibility towards all Beaches environments by upholding Applicable Laws as far as possible within their role as Lifeguards. (g) For a maximum of four (4) occurrences a year, the Aquatic Center shall increase the number of lifeguards at a location for a specific date and timeframe upon request from the City to ensure lifeguarding ratios align with anticipated attendance for a special event. (h) Should the Aquatic Center receive a request from a third party to provide lifeguarding services outside of the dates/times indicated in this contract, or to provide additional lifeguards during contracted hours to ensure ratios align with anticipated attendance of a special event, then all cost negotiations and financial transactions for the request will be handled directly by the Aquatic Center with that third party. (2) The Aquatic Center shall perform the Services under the general direction and control of Public Works and Transportation and will be responsible for the following: (a) All uniforms of the Lifeguards; (b) Safety and rescue equipment including: (i) four automatic external defibrillators with current and valid inspection sticker dates, one per each beach; (ii) four thermometers for air and water, one per each beach; (iii) four pocket masks, one per each beach; and (iv) telecommunication and radio communication devices for all beaches. WA 1 10 All appropriate equipment is to be placed in a ready function and checked to ensure proper working order on a daily basis, at all Beaches. All items the Aquatic Center is obligated to provide (as outlined in the contract) will be stored at the Canada Games Aquatic Centre facility during the offseason period. (3) The Aquatic Center shall be responsible to provide a written report on any hazardous conditions, major injuries/accidents, or illness (e.g., waterborne) related to the Beaches, beach users, or the general public, as soon as possible to Public Works and Transportation Division and will ensure that all Lifeguards are positioned in a place that allows effective surveillance of the entire swimming area. (4) The Aquatic Center shall ensure the appropriate safety supervision staffing levels are chosen depending on the number of daily swimmers which will include a minimum of three (3) lifeguards on duty, at all times, for each Beach, Monday to Sunday, for the duration of the Term of this Contract, and will aim to have at least one person on staff, daily, at one of the Beach location, will be fluently bilingual in the English and French languages, and may be contacted in case of an emergency, by telecommunication and radio communication devices. ARTICLE 6 SERVICES BY THE CITY 6.1 Responsibilities and Obligations of the City (1) The City, at its own expense, through Public Works and Transportation shall provide the following items in ready function, on all Beaches, a minimum of one (1) week prior to the first day lifeguarding services are scheduled to begin and will pick up said items, after Labour Day in September each year, and shall regularly inspect all items throughout the season to ensure proper working order, meeting all safety standards: (a) Lifeguard(s) chair(s) elevated at a minimum of 1.8 meters above water level number to be determined by Public Works and Transportation; (b) Signage which includes beach hours, lifeguard on/off duty and beach rules; (c) Access to locked storage area of equipment; (d) Shelter and toilet facilities for Lifeguards; (e) Keys for various Beaches; (f) Shovels [number to be determined by Public Works and Transportation]; 4.11 111 (g) Four first aid kits and contents; (h) Eight rescue cans; (i) Four rescue paddleboards; (j) Four paddleboard stands; (k) Four sets of buoys lines; (1) Four binoculars; (m) Four megaphones; (n) Four spinal boards with head immobilization units; (o) Four cervical collars; and (p) Splints. Items (1) through (p) noted above may be stored at the Canada Games Aquatic Centre facility during the off-season period. (2) The City, at its own expense, through Public Works and Transportation will be responsible to arrange physical maintenance of the Beaches including grass cutting, sand quality, and garbage pickup, and ensuring with the supplier, the cleanliness of portable toilets, or any other additional maintenance and upkeep of the Beaches as agreed between the Parties. (3) Two (2) sets of keys for shelter/washroom/storage facilities for each beach location are to be provided to the Aquatic Center a minimum of two (2) weeks in advance of the season's start date. ARTICLE 7 PAYMENT FOR SERVICES 7.1 Payment According to Contract (1) The City shall be required to pay the Aquatic Center for the Services provided in accordance with the provisions of this Contract at the Fees established under this Contract. (2) For the 2023 season, the City shall pay the Aquatic Center the amount of $195,500.00 plus HST as per the following payment schedule: We%] 1 12 Payment Dates - 2023 June 1, 2023 $48,875.00 plus HST July 1, 2023 $48,875.00 plus HST August 1, 2023 $48,875.00 plus HST September 1, 2023 $48,875.00 plus HST TOTAL $195,500.00 plus HST (3) In the event this Contract is extended as provided under subsection 2.1(2) for the 2024 season, the City shall pay the Aquatic Center the amount of $199,410.00 plus HST as per the following payment schedule: Payment Dates - 2024 June 1, 2024 $49,852.50 plus HST July 1, 2024 $49,852.50 plus HST August 1, 2024 $49,852.50 plus HST September 1, 2024 $49,852.50 plus HST TOTAL $199,410.00 plus HST (4) In the event this Contract is extended as provided under subsection 2.1(2) for the 2025 season, the City shall pay the Aquatic Center the amount of $203,398.20 plus HST as per the following payment schedule: Payment Dates — 2025 June 1, 2025 $50,849.55 plus HST July 1, 2025 $50,849.55 plus HST August 1, 2025 $50,849.55 plus HST September 1, 2025 $50,849.55 plus HST TOTAL $203,398.20 plus HST (5) In the event this Contract is extended as provided under subsection 2.1(2) for the 2026 season, the City shall pay the Aquatic Center the amount of $207,466.16 plus HST as per the following payment schedule: 10191 1 13 (6) No payment construed as approval of or improper hereunder shall be an acceptance or incomplete, defective performance by the Aquatic Center of any of its obligations under this Contract, nor shall it operate to relieve the Aquatic Center from the performance of any of its obligations under this Contract which have not been performed. Payment Dates — 2026 June 1, 2026 $51,866.54 plus HST July 1, 2026 $51,866.54 plus HST August 1, 2026 $51,866.54 plus HST September 1, 2026 $51,866.54 plus HST TOTAL $207,466.16 plus HST 7.2 Hold Back and Set -Off (1) The City may hold back payment or set-off against any payment to the Aquatic Center hereunder if, in the opinion of the City, acting reasonably, the Aquatic Center has failed to comply with any requirements of this Contract, and the Aquatic Center shall not suspend or terminate the provision of any Services or the performance of its obligations hereunder in respect of any such hold back or set-off of payment. 7.3 No Other Expenses (1) There shall be no other charges payable by the City under this Contract to the Aquatic Center other than the Fees established under this Contract unless such charges and/or rates are first Approved by the City. 7.4 Taxes and Duties (1) Unless otherwise stated, the Aquatic Center shall pay all applicable taxes, including sales and excise taxes incurred by or on the Aquatic Center's behalf with respect to this Contract. 7.5 HST Status (1) The City is subject to the Harmonized Sales Tax. If the City becomes exempt from payment of Harmonized Sales Tax, the City will provide the Aquatic Center with a certification that the Services are required for the use of the City and are therefore not subject to the Harmonized Sales Tax. 31 1 14 7.6 Withholding Tax (1) The City shall withhold any applicable withholding tax from amounts due and owing to the Aquatic Center under this Contract and shall remit it to the appropriate government in accordance with applicable tax laws. 7.7 No Late Payment Charges (1) The City will endeavour to pay invoices when due to the Aquatic Center, but shall not be required to pay interest on any late payments. 7.8 Document Retention and Audit (1) For seven years following the expiration of the Term, the Aquatic Center shall maintain all necessary records to substantiate: (a) All charges and payments under this Contract; (b) That the Services were provided in accordance with this Contract and with Applicable Law. During the Term, and for seven years following the Expiry Date, the Aquatic Center shall permit and assist the City in conducting audits of the operations of the Aquatic Center to verify paragraphs (a) and (b) hereof; and (c) The City shall provide the Aquatic Center with at least ten Business Days prior notice of its requirement for such audit. The Aquatic Center's obligations under this section shall survive any termination or expiry of this Contract. ARTICLE 8 INSURANCE AND INDEMNITY 8.1 Aquatic Center Liability Insurance (1) The City of Saint John shall obtain and maintain the required insurance and the Aquatic Center shall be responsible for the cost of said insurance, at all times during the Term of the Contract or any extension or prolongation thereof, the following insurance policies: (a) Commercial General Liability Insurance against claims arising out of operations and activities in connection with Services or other work performed by the Aquatic Center or any of its controlled affiliates under this Contract, covering bodily injury (including death), property damage, including loss of use of property without physical damage, and personal injury. This insurance shall cover injury, loss or damage arising out of all Services or any other work under this Contract, performed by the Aquatic Center and any of its controlled affiliates involved in performing WA 1 15 services or other work under this Contract and shall include 12 months completed operations coverage after completion of the Services or other work performed underthis Contract. This insurance shall be written on an occurrence basis and shall provide coverage for premises, operations, broad form property damage, contractual liability, employer's liability and non -owned automobile insurance and shall include cross liability and severability of interests provisions with respect to insureds under the policy or policies. The policy or policies will include the City and the City's agencies and their respective councillors, commissioners, board members, officers and employees as insureds or additional insureds with respect to liabilities arising out of the Services and other work of the Aquatic Center, its controlled affiliates performing services or other work on its behalf and other persons performing services or other work under this Contract for whom the Aquatic Center or any of its controlled affiliates is responsible at law. This insurance may be organized as any combination of primary, umbrella and/or excess liability insurance and shall be subject to a limit of not less than five million dollars any one accident or occurrence subject to a general aggregate limit of not less than five million dollars any one annual period. (b) Automobile Liability Insurance covering owned, leased or operated licensed motor vehicles used in connection with the Services and any other work of the Aquatic Center and any of its controlled affiliates involved in performing services or other work under this Contract on behalf of the Aquatic Center. This insurance may be organized as any combination of primary, umbrella and excess liability insurance policies and shall be subject to a limit not less than two million dollars combined single limit for injury, death or property damage resulting from each accident or occurrence. (2) The insurance policies placed or caused to be placed by the Aquatic Center pursuant to Article 8 will operate as primary insurance with respect to the Services or any other work under this Contract by the Aquatic Center and its controlled affiliates involved in performing services or other work under this Contract on behalf of the Aquatic Center or, at the sole and unfettered discretion of the Aquatic Center, any Subcontractors or other Persons performing services or any other work under this Contract on behalf of the Aquatic Center. 8.2 Aquatic Center Indemnity (1) The Aquatic Center shall indemnify and save harmless the City from all Claims, or other Proceedings by whomsoever claimed, made, brought or prosecuted in any manner and whether in respect of property owned by others or in respect of damage sustained by others based upon or arising out of or in connection with the performance of this Contract or anything done or purported to be done in any manner hereunder, but only to the extent that such Claims, or other Proceedings are attributable to and caused by the 1 16 Aquatic Center's negligence, errors or omissions or that of its controlled affiliates or other Persons for whom it is responsible at law. (2) In no event will the Aquatic Center be obligated to indemnify the City in any manner whatsoever in respect of any Claims caused by the negligence, errors or omissions of the City, or any Person for whom the City is responsible. 8.3 Participation in Proceedings (1) The Aquatic Center shall, at its expense, to the extent requested by the City, participate in or conduct the defence of any Proceeding against any Indemnified Parties referred to in this Article 8 and any negotiations for their settlement. (a) The City may elect to participate in or conduct the defence of any such Proceeding by notifying the Aquatic Center in writing of such election without prejudice to any other rights or remedies of the City under this Contract, at law or in equity. (b) Each Party participating in the defence shall do so by actively participating with the other's legal counsel. No settlement shall be entered into by the Aquatic Center unless it has obtained the prior Approval of the City. If the Aquatic Center is requested by the City to participate in or conduct the defence of any such Proceeding, the City agrees to co-operate with and assist the Aquatic Center to the fullest extent possible in the Proceedings and any related settlement negotiations. If the City conducts the defence of any such Proceedings, the Aquatic Center agrees to co-operate with and assist the City to the fullest extent possible in the Proceedings and any related settlement negotiations. 8.4 Extent of this Section (1) Nothing in this Article 8 shall be construed as limiting in any way, the indemnification provision contained in this Contract, or the extent to which the Aquatic Center may be held responsible for payments of damages to Persons or property. ARTICLE 9 TERMINATION AND DEFAULT 9.1 Termination for Default (1) The City will have the right to immediately terminate this Contract upon giving notice to the Aquatic Center where: 1 17 (a) The Aquatic Center makes an assignment for the benefit of its creditors, is declared bankrupt or commits an act of bankruptcy, becomes insolvent, makes a proposal or otherwise takes advantage of provisions for relief under the Bankruptcy and Insolvency Act (Canada) or similar legislation in any jurisdiction, or any other type of insolvency proceedings being commenced by or against the Aquatic Center under the Bankruptcy and Insolvency Act (Canada) or similar legislation. (b) The Aquatic Center's default in performing and observing any of the terms, covenants, warranties or conditions of this Contract. (c) The Aquatic Center breaches the Conflict of Interest provision in this Contract. (d) In the City's reasonable opinion, the Aquatic Center prior to or after executing this Contract makes a material misrepresentation or omission or provides materially inaccurate or misleading information to the City. (e) The Aquatic Center undergoes a change of control which, in the reasonable opinion of the City, adversely affects the Aquatic Center's ability to satisfy some or all of its obligations under this Contract. (f) The Aquatic Center subcontracts for the provision of part or all of the Services or assigns this Contract without first obtaining the Approval of the City. (g) In the City's reasonable opinion, the Aquatic Center's acts or omissions constitute a substantial breach of the Aquatic Center's obligations under this Contract. 9.2 Rectification (1) Where the Aquatic Center fails to comply with any of its obligations under this Contract, the City may issue a rectification notice to the Aquatic Center setting out the manner and timeframe for rectification. Within seven calendar days of receipt of that notice, the Aquatic Center shall either: (a) Comply with that rectification notice; or (b) Provide a rectification plan satisfactory to the City. If the Aquatic Center fails to either comply with that rectification notice or provide a satisfactory rectification plan, the City may immediately terminate this Contract. Where the Aquatic Center has been given a prior rectification notice, any subsequent of non- compliance by the Aquatic Center in respect of such obligations shall allow the City to immediately terminate this Contract. M1 1 18 9.3 Termination on Notice (1) The City reserves the right to terminate this Contract, without cause, upon five calendar days' prior written notice to the Aquatic Center. 9.4 Obligations on Termination (1) The Aquatic Center shall, following the giving of a notice of termination by the City hereunder or upon expiry of the terms, in addition to its other obligations under this Contract and at law: (a) Provide the City with a report detailing: (i) The current state of the provision of Services by the Aquatic Center at the date of termination; and (ii) Any other information requested by the City pertaining to the provision of the Services and performance of this Contract; (b) Execute such documentation as may be required by the City to give effect to the termination of this Contract; and (c) Comply with any other instructions provided by the City, including but not limited to, instructions for facilitating the transfer of its obligations to another Person. (2) Upon early termination of this Contract and settlement of accounts, or upon completion of the Aquatic Center's obligations underthis Contract, all items listed in subsection 6.1(1) or any other item belonging to the City and under the control of the Aquatic Center, or Persons, or their agents, or Subcontractors, shall forthwith be delivered to the Public Works and Transportation by the Aquatic Center. 9.5 Payment upon Termination (1) The City shall only be responsible for the payment of the Services provided under this Contract up to and including the effective date of any termination. Termination shall not relieve the Aquatic Center of its warranties and other responsibilities relating to the Services performed or money paid. (2) In addition to its other rights of hold back or set-off, the City may hold back payment or set-off against any payments owed if the Aquatic Center fails to comply with its obligations on termination. For greater certainty, under no circumstances shall the Aquatic Center be entitled to payment from the City for or in respect of any foregone or projected profits, revenue, or income or other indirect or consequential losses or damages resulting or arising directly or indirectly from any termination of this Contract. K11.1 1 19 (3) Without limiting the generality of this Article 9, the Aquatic Center shall indemnify the City for, and hold it harmless against, all additional costs, charges and expenses incurred by the City as a consequence of a breach by the Aquatic Center of its obligations hereunder, including without limitation, all costs incurred by the City in connection with the operation and maintenance of the Beaches relating to the Services. 9.6 Rights and Remedies (1) The express rights of termination in this Contract are in addition to and shall in no way limit any rights or remedies of the City under this Contract or Applicable Laws or otherwise, at law or in equity. ARTICLE 10 DISPUTE RESOLUTION 10.1 Dispute Resolution Procedure (1) The Parties shall attempt to negotiate all Disputes in good faith. (2) In the event the Parties are unable through good faith negotiations to mutually resolve any Dispute, controversy or Claim arising out of, in connection with, or in relation to the interpretation, performance or breach of this Contract, such Dispute, controversy or Claim shall be referred to Dispute Resolution in accordance with Schedule 2. 10.2 Retention of Rights (1) It is agreed that no act by either Party shall be construed as a renunciation or waiver of any rights or recourses provided either Party has given the notices required under this Article 10 and has carried out with the instructions as provided in Schedule 2 — Section A — Referral to Senior Management. (2) Nothing in this Article 10 shall be construed in any way to limit a Party from asserting any statutory right to a lien under applicable lien legislation of the jurisdiction of Saint John and the assertion of such right by initiating judicial proceedings is not to be construed as a waiver of any right that either Party may have under Schedule 2—Section B— Mediation, to proceed by way of arbitration to adjudicate the merits of the claim upon which such a lien is based. Kul 1 20 ARTICLE 11 MISCELLANEOUS PROVISIONS 11.1 Survival of Oblieations (1) All of the obligations, representations, and warranties of a Party accruing hereunder during the existence of this Contract, or any renewal, or extension thereof, shall survive the termination or expiration of the Term. 11.2 Time (1) This Contract shall not be enforced or bind any of the Parties, until executed by all the Parties named in it. 11.3 Further Acts (1) The Parties shall at all times and from time to time hereafter and upon every reasonably written request to do so, make, do, execute, deliver or cause to be made, done, executed and delivered all such further acts, deeds, assurances and things as may be required to more effectively implement and carry out the true intent and meaning of this Contract. 11.4 Counterparts (1) This Contract may be executed in any number of counterparts. Any Party may send a copy of its executed counterpart to the other Party hereto by facsimile transmission or by electronic mail instead of delivering a signed original copy of such counterpart. Each executed counterpart (including each copy sent by facsimile transmission or electronic mail) shall be deemed to be an original and all such executed counterparts taken together shall constitute one and the same agreement, and notwithstanding the date of execution shall be deemed to bear the same date as written above on this Contract. ARTICLE 12 DEFINED TERMS 12.1 Definitions When used in this Contract, the following words or expressions have the following meanings: (1) Applicable Law means all applicable requirements, laws, statutes, codes, acts, ordinances, orders, decrees, injunctions, by-laws, rules, regulations, official plans, permits, licences, authorisations, directions, and agreements with all Governmental Authorities that now or at any time hereafter may be applicable to either this Contract or the Services or any part of them; and Applicable Laws shall have a corresponding meaning. EC1:3 1 21 (2) Approval or Approved and similar expressions means approval or consent in accordance with the procedures set out in section 1.11 unless otherwise provided herein. (3) Aquatic Center Address means 50 Union Street, Saint John, New Brunswick, E2L 1A1, Telephone: 506-658-4715. (4) General Manager means a person designated by the Aquatic Center with duly vested authority to act on behalf of the Aquatic Center. (5) Beaches means, collectively, the beaches at Dominion Park, Little River Reservoir, Fisher Lake (Rockwood Park), and Lily Lake (Rockwood Park); and Beach means any one of them. (6) Business Day means a day other than a Saturday, Sunday, or statutory holiday under the laws of Canada or the Province of New Brunswick or a civic holiday proclaimed by the City. (7) Change in Law means the coming into effect or repeal (without re-enactment or consolidation) in New Brunswick of any Applicable Laws, or any amendment or variation of any Applicable Laws, including any judgment of a relevant court of law, board, arbitrator or administrative tribunal, which changes binding precedent in New Brunswick in each case after the date of this Contract. (8) Chief Administrative Officer means the chief administrative officer of the City appointed by resolution by Common Council, or their designate. (9) City means The City of Saint John, New Brunswick. (10) City Address means 15 Market Square, City Hall Building, Saint John, New Brunswick, E2L 4L1, Attention: Common Clerk, Telephone: 506.658.2862, Facsimile: 506.674.4214. (11) Claim means any actual or threatened loss, liability, cost, charge, interest, claim, demand, allegation, action, cause of action, proceeding, suit, assessment, reassessment, proposed assessment or reassessment, damage, demand, expense, levy, tax, duty, judgment, award, fine, charge, deficiency, penalty, court proceeding or hearing cost, amount paid in settlement, Encumbrance, and/or tangible and intangible property right (including all costs and expenses relating to the foregoing, including legal and other professional adviser and expert fees and expenses), and whether arising by contract, at common or statute law, in tort (including negligence and strict liability), in equity, in property or otherwise of any kind or character howsoever, and howsoever arising; and Claims means any one of them. (12) Common Clerk means the common clerk or the assistant common clerk of the City appointed by resolution by Common Council. (13) Common Council means the elected municipal council of the City. 1 22 (14) Conflict of Interest includes, but is not limited to, any situation or circumstance where in relation to the performance of its contractual obligations in this Contract, the Aquatic Center's other commitments, relationships or financial interests: (a) Could or could be seen to exercise an improper influence over the objective, unbiased and impartial exercise of its independent judgment; or (b) Could or could be seen to compromise, impair or be incompatible with the effective performance of its contractual obligations. (15) Contract means this contract, including all Schedules and any other schedule attached at the time of execution and any amendments executed in accordance with the terms and conditions of this Contract. (16) Dispute means any dispute, controversy, Claim(s), disagreement or failure to agree arising out of, in connection with, or relating to the interpretation, performance or application of the Contract; and Disputes means any one of the foregoing. (17) Dispute Resolution has the meaning ascribed thereto in the Dispute Resolution Procedure. (18) Dispute Resolution Procedure means those dispute resolution procedures ascribed thereto in Schedule 2. (19) Encumbrance means any mortgage, lien, pledge, judgment, execution, charge, security interest, restriction, claim or encumbrance of any nature whatsoever. (20) Expiry Date has the meaning ascribed thereto in subsections 2.1(1), 2.1(3), 2.1(4) and 2.1(5). (21) Fees means the firm price, in Canadian funds, to be charged for the applicable Services, as set out in Article 7, representing the amounts chargeable by the Aquatic Center for the provisions of the Services, including but not limited to: (a) All applicable duties and taxes, excluding Harmonized Sales Tax; (b) All labour and material costs; (c) All insurance costs; and (d) All other overhead including any fees or other charges required by law. (22) Good Industry Practice means the exercise by those Persons performing the Services of that degree of skill, diligence, prudence, operating practice, and foresight which would reasonably and ordinarily be expected from a Person seeking in good faith to comply with 1 23 their contractual obligations under this Contract who is experienced in carrying out services and works comparable in size, scope, and complexity to the Services within Canada. (23) Governmental Authority means each national, federal, provincial, municipal, local or other government, each governmental, regulatory, administrative, judicial, quasi-judicial or other agency, body, department, corporation, authority, commission, instrumentality, regulatory body, board, panel, court, arbitrator or other entity and any successor thereto, exercising executive, legislative, judicial, quasi-judicial, taxing, regulatory or administrative powers or functions of or pertaining to government or judiciary, and each private regulatory entity, self -regulatory organization or other similar Person having jurisdiction or purporting to have jurisdiction (in whole or in part), in Canada and in any other relevant jurisdiction, in respect of the Parties, the Contract, and the Services; Governmental Authorities has a corresponding meaning. (24) Harmonized Sales Tax means the harmonized sales tax or the tax imposed under Part IX of the Excise Tax Act (Canada) or any other federal sales tax, consumption tax, excise tax, value added tax, business transfer tax or other tax that can reasonably be regarded as a substitute or replacement for the harmonized sales tax or the tax imposed under the Excise Tax Act (Canada) (the "HST/GST") properly exigible in respect of the Services pursuant to this Contract. (25) Indemnified Parties means the City, its officers, directors, employees, agents, boards, commissions or independent contractors. (26) Lifeguards mean those persons who are 15 years old or older, holding a current lifeguard training waterfront certificate, a current Standard First Aid certification, including CPR/AED certification, and are designated by the Aquatic Center to safeguard swimmers, and in addition, they must be Physically Fit. (27) Party individually means the City or the Aquatic Center; and Parties means the City and the Aquatic Center, respectively. (28) Person means any individual, corporation, firm, partnership, joint venture, trust, unincorporated organization, commission, board, Governmental Authority, unincorporated body of Persons or association and any other entity having legal capacity, and the heirs, beneficiaries, executors, administrators or other legal representatives of a Person in such capacity; and Persons means any one of them. (29) Physically Fit means a person who has met the requirements of a physical fitness screening test prior to the season, approved by the Aquatic Center. (30) Proceeding means any Claim; and Proceedings shall have a corresponding meaning. (31) Proposals means the Technical Proposal and the Financial Proposal, respectively. MI 1 24 (32) Schedules means the following schedules attached to and forming an integral part of this Contract: a. Schedule 1 (Schedule of Terms of Reference and Supplementary Provisions). b. Schedule 2 (Dispute Resolution Procedure). (33) Services means those lifeguard services as set forth in this Contract and include the responsibility to continuously observe the activities of patrons to ensure their safety, at all Beaches, during the business hours as set out in Schedule 1. (34) Subcontractor is a Person or entity, other than the Aquatic Center, having direct agreement with the Aquatic Center to perform any part or parts under this Contract on behalf of the Aquatic Center; and Subcontractors shall have a corresponding meaning. (35) Term has the meaning ascribed thereto in Article 2 of this Contract. :1 PA, 1 25 IN WITNESS WHEREOF the City of Saint John has caused this Contract to be executed in its corporate name in the manner prescribed by the Local Governance Act, SNB 2017, c 18, and amendments thereto, and the Saint John Aquatic Center Commission has caused this Contract to be executed in its corporate name, and on its behalf, by its General Manager as of the day and year first above written. SIGNED, SEALED & DELIVERED in the presence of: Witness The City of Saint John Mayor Common Clerk Common Council Resolution: Date: 12023 Saint John Aquatic Center Commission Per: General Manager I have authority to bind the Aquatic Center !i93 1 26 PROVINCE OF NEW BRUNSWICK COUNTY OF SAINT JOHN I, JONATHAN TAYLOR, of the Town of Quispamsis, in the County of Kings, and Province of New Brunswick, MAKE OATH AND SAY: 1. That I am the Common Clerk of the City of Saint John and have custody of the Common Seal hereof. 2. That the Seal to the foregoing instrument affixed is the Common Seal of the said The City of Saint John and that it was affixed by resolution of the Common Council of the said City. 3. That the signature "Don Darling" to the said instrument is the signature of W. Donald Darling, Mayor of the said City, and the signature "Jonathan Taylor" thereto is my own signature. 4. That we are the proper officers to sign the foregoing instrument on behalf of The City of Saint John. SWORN TO before me at Saint John, in the County of Saint John and Province of New Brunswick the day of , 2023. Jonathan Taylor Commissioner of Oaths Being a Solicitor 1 27 PROVINCE OF NEW BRUNSWICK COUNTY OF SAINT JOHN I, AMY MCLENNAN of the City of Saint John, in the County of Saint John, and Province of New Brunswick, MAKE OATH AND SAY: (1) That I am the General Manager of the Saint John Aquatic Center Commission, the service provider named in the foregoing instrument and am duly authorized to make this affidavit and have personal knowledge of the matters hereinafter deposed to. (2) That the attached contract was executed by me as the officer duly authorized to execute the contract on behalf of the Saint John Aquatic Center Commission. (3) That the Saint John Aquatic Center Commission has no seal. (4) That the said document was executed as aforesaid at Saint John in the Province of New Brunswick on the day of , 2023. SWORN TO before me at Saint John, in the County of Saint John and Province of New Brunswick the day of 12023. Orlando A. Lineros Commissioner of Oaths Being a Solicitor Amy McLennan :111 Lifeguard Services Contract SCHEDULE 1 SCHEDULE OF TERMS OF REFERENCE AND SUPPLEMENTARY PROVISIONS The Aquatic Center agrees to deliver the following lifeguard services as follows: Schedule 1 (1) The Aquatic Center shall be responsible for lifeguard services and to provide safety supervision to the public who attend the Dominion Park, Little River Reservoir, Lily Lake (Rockwood Park) and Fisher Lake (Rockwood Park) beaches. (2) The Aquatic Center shall ensure that a minimum of three (3) Lifeguards are on duty, at all times, for each Beach, Monday to Sunday, for the Term of this Contract, at the following hours (Saint John time): (a) Dominion Park from 10:45 a.m. to 5:45 p.m. AST; (b) Little River Reservoir from 10:45 a.m. to 5:45 p.m. AST; (c) Lily Lake (Rockwood Park) from 10:45 a.m. to 5:45 p.m. AST; and (d) Fisher Lake (Rockwood Park) from 10:45 a.m. to 5:45 p.m. AST (3) The Aquatic Center shall ensure that all Lifeguards have the following certifications: (a) Current lifeguard training NLS waterfront certification; (b) Current Standard First Aid certification, including CPR/AED certification. (4) The Aquatic Center shall ensure that all Lifeguards have been designated by the Aquatic Center to safeguard swimmers; be 15 years of age or older; and be Physically Fit to the extent required by the nature of the duties of the positions. (5) The Aquatic Center shall perform the deliverables under the general direction and control of Public Works and Transportation and shall be responsible for all uniforms of the Lifeguards; safety and rescue equipment including four automatic external defibrillators with current and valid inspection sticker dates, one per each Beach; four thermometers for air and water, one per each Beach; four pocket masks, one per Beach; and telecommunication and radio communication devices for all Beaches. (6) The Aquatic Center shall be responsible to provide a written report on any hazardous conditions, major injuries, accidents, or illness (e.g. waterborne) related to the Beaches, beach users, or the general public, as soon as possible to Public Works and Transportation and shall ensure that all Lifeguards are positioned in a place that allows effective surveillance of the entire swimming area. (7) The Aquatic Center shall aim to have at least one person on staff, Monday to Sunday, at one of the Beach location, will be fluently bilingual in the English and French languages, and may be contacted in case of an emergency, by telecommunication and radio communication devices. (8) It is expected that the scope of services to be provided will include, but not be limited to: (a) Intervene to prevent injuries in and around the aquatic environment; (b) Foster a good public image and adhere to professional standards; (c) Meet responsibilities of varying importance in their role as lifeguards which include to themselves, to those they protect, to fellow beach staff, to the City, and to all Beaches; (d) Meet or exceed their responsibility to the City by promoting a positive and professional attitude, appearance, and behaviour, at all times; (e) Meet or exceed their responsibility to those under their protection by giving them the diligent and constant supervision expected both morally and legally. As well, they must create a friendly and positive beach experience through public relations skills; and (f) Meet or exceed their responsibility towards the beach environment by upholding applicable laws as far as possible within their role as lifeguards. (9) The Aquatic Center shall ensure that all Lifeguards services provided throughout the Term of this Contract are consistent with current Canadian and New Brunswick recommendations. (10) The above description of the deliverables is not an exhaustive list and is to be used as a guide, in combination with good legal judgment and standards in lifeguard services. !Vl Lifeguard Services Contract SCHEDULE 2 DISPUTE RESOLUTION PROCEDURE A. Referral to Senior Management Schedule 2 (1) All Disputes arising out of, or in connection with this Contract, or in respect of any legal relationship associated with or derived from this Contract, shall within two calendar days of notice from one Party to the other be referred for resolution to the Chief Administrative Officer and the General Manager. (2) If the Chief Administrative Officer and General Manager are not able to resolve the Dispute referred to them under this section A within seven calendar days following such referral, the matter shall be referred for resolution by way of mediation upon the willingness of the Parties. B. Mediation (1) Either Party may apply to a court of competent jurisdiction or other competent authority for interim measures of protection at any time. (2) If the Parties resolve to mediate the Dispute referred to them under subsection A.(2) of this Contract, the Parties shall invoke the following mediation process: (a) Either Party shall immediately declare an impasse and provide written notice to the other within seven calendar days thereof (or such other period as the Parties mutually prescribe) declaring that such Party wishes to proceed to mediation and setting out in reasonable detail the issue(s) to be resolved, the proposed time and a list of at least three and not more than five proposed mediators. Each of the proposed mediators shall be an individual: (i) with at least ten years' experience working in an executive capacity or representing clients in the area of public disputes and/or the related field of the Dispute; and (ii) unless otherwise agreed by the Parties, with no prior connection, affiliation or other formal relationship with either Party. (b) Upon receipt of such notice, the notified Party shall have two calendar days to select one of the proposed mediators as the mediator, failing which the Party providing !E:3 notice shall select one of its proposed mediators as the mediator. Within ten calendar days following selection of the mediator the matter shall be heard by the mediator; and (c) The mediator shall be entitled to establish his or her own practices and procedures. Each Party shall co-operate fully with the mediator and shall present its case to the mediator orally and/or in writing within ten calendar days following the mediator's appointment. The mediation shall not be in the nature of arbitration as contemplated by the Arbitration Act (New Brunswick), and the mediator's decision shall not be binding upon the Parties, but shall be considered as a bona fide attempt by the mediator to judiciously resolve the Dispute. The decision of the mediator shall be rendered in a written report, not to exceed two pages in length, delivered to the Parties within ten calendar days following the last of such presentations. The fees of the mediator shall be shared equally by the Parties. (3) The mediation shall be terminated: (a) By the execution of a settlement agreement by the Parties; or (b) By a written declaration of one or more of the Parties that the mediation is terminated; or (c) By a written declaration by the mediator that further efforts at mediation would not be useful. (1) The place of mediation shall be the City of Saint John and Province of New Brunswick. C. Arbitration (1) In the event that the Parties are unwilling to mediate their Dispute or that the Dispute between the Parties remains unresolved after mediation has been attempted in good faith, then either the City or the Aquatic Center, upon written notice to the other, shall refer the Dispute for determination to a Board of Arbitration (the "Tribunal") consisting of three persons, one chosen by and on behalf of the City, one chosen by and on behalf of the Aquatic Center, and the third chosen by these two. (2) In case of failure of the two arbitrators appointed by the Parties hereto to agree upon a third arbitrator, such third arbitrator shall be appointed by a Judge of the Court of King's Bench of New Brunswick. The arbitrators shall have at least ten years' experience working in an executive capacity or representing clients in the area of public disputes and/or the related field of the Dispute. (3) No one shall be appointed or act as arbitrator who is in any way interested, financially or otherwise, in the conduct of the work or in the business or other affairs of either Party. !Loll 12 (4) Notwithstanding the provisions of the Arbitration Act (New Brunswick), the Tribunal, upon such terms as are deemed by it to be appropriate, may allow either Party to amend or supplement its claim, defence or reply at any time prior to the date at which the Parties have been notified of the arbitration hearing date, unless the Tribunal considers the delay in amending or supplementing such statements to be prejudicial to a Party. The Tribunal will not permit a Party to amend or supplement its claim, defence or reply once the arbitration hearing has been scheduled. (5) The Tribunal may encourage settlement of the Dispute and, with the written agreement of the Parties, may order that mediation, conciliation or other procedures be used by the Parties at any time during the arbitration proceedings to encourage settlement. (6) If, during the arbitration proceedings, the Parties settle the Dispute, the Tribunal shall, upon receiving confirmation of the settlement or determining that there is settlement, terminate the proceedings and, if requested by the Parties, record the settlement in the form of an arbitration award on agreed terms. (7) Subject to subsection C.(8), any determination made by the Tribunal shall be final and binding upon the Parties and the cost of such determination shall be apportioned as the Tribunal may decide. (8) Either Party may appeal an arbitration decision to The Court of King's Bench of New Brunswick: (i) on a question of law; or (ii) on a question of fact; or (iii) on a question of mixed fact and law. (9) The place of arbitration shall be the City of Saint John and Province of New Brunswick and the provisions of the Arbitration Act (New Brunswick), shall apply to the arbitration. 67i] COMMON COUNCIL REPORT M&C No. 2023-71 Report Date March 14, 2023 Meeting Date March 20, 2023 Service Area General Counsel Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT. Initiate Stop -Up and Closure for Portion of Fieldstone Drive for Purpose of Conveyance to Simpco Development Ltd. AUTHORIZATION Primary Author Commissioner/Dept. Head Chief Administrative Officer Curtis Langille Melanie Tompkins J. Brent McGovern RECOMMENDATION It is recommended that Common Council adopt the following resolution: 1. That the Public Hearing to consider the passing of an amendment to the Street Closing By-law to Close a 231 square metre portion of a public street known as Fieldstone Drive, as shown on a Plan of Survey titled, "Showing portion of Fieldstone Drive, City of Saint John, Saint John County, New Brunswick" (attached), be set for Monday, April 17, 2023 at 6:30 p.m. in the Council Chamber; 2. That Common Council authorize the publishing of a notice of its intention to consider the passing of such By-law, identified above; 3. In the event that Common Council gives Third Reading to the By -Law Amendment as stated above, that the City sell the property to Simpco Development Ltd. for a purchase price of $5,000.00, and that the purchaser be responsible for: a. any plan of survey required to initiate the process for the stop -up and closure for a portion of Fieldstone Drive; and b. any fees or administrative processes to effect the conveyance of the property. 4. That the Mayor and City Clerk be authorized to execute the documents necessary to effect the transaction. 51 -2- EXECUTIVE SUMMARY Simpco Development Ltd., owner and developer of the land involving Fieldstone Drive, is requesting to reconfigure the street layout for this subdivision. Originally, it was intended there would be a new cul-du-sac intersecting Fieldstone Drive with lots fronting off of the new street but the developer has since determined this is not feasible. Instead, the developer is planning to create a residential lot that would incorporate the portion of Fieldstone Drive, shown highlighted in red on the attached map with an adjacent parcel of land. The purpose of this report is to initiate the process to stop -up and close a 231 square metre portion of Fieldstone Drive right-of-way (see attached plan of survey) for the purpose of consolidating it with an adjoining property to provide a new "building lot" for a new dwelling. PREVIOUS RESOLUTION N/A REPORT Simpco Development Ltd. has requested that the City stop -up and close a 231 square metre portion of Fieldstone Drive right-of-way (the "Site") for the purpose of consolidating it with an adjoining property and creating a residential lot. Originally, the Site was intended as a temporary turn -around for the first phase of the development. Additionally, this turn -around area was intended to form part of a future street, which has since been changed due to a reconfiguration of the layout for this subdivision. Public Works and Transportation are supportive of the request to close the temporary turn -around right-of-way, as requested by the developer to facilitate the proponent's altered road design layout for this subdivision. There is water and sewer main infrastructure contained within the Site that will need to be removed and replaced with smaller infrastructure to satisfy the needs for a residential property. Saint John Water will review and approve any City permits that will be required to complete the change to the existing municipal infrastructure. This work would be completed by the developer, prior to the construction of a dwelling on the consolidated lot. The removal of the existing municipal infrastructure noted above and replacement with new single -purpose dwelling services will cost approximately $15,000.00 to $20,000.00. Taking into consideration the cost to replace the municipal infrastructure to make this consolidated lot feasible for a new dwelling, staff have negotiated with the proponent a purchase price of $5,000.00 for the 231 square metres, if the street is stopped -up and closed. The proponent would also be responsible for all ancillary costs, including being responsible for a plan of survey, necessary to facilitate this land transfer. The recommendation contained 61 -3- in this report reflects these details for the intended land transaction if the portion of street is closed. STRATEGIC ALIGNMENT This report aligns with the City's priority of GROW. SERVICEAND FINANCIAL OUTCOMES All costs related to the process to consider a stop -up and closure for a portion of street right-of-way, including all survey costs and fees associated with the subsequent land transfer and registration fees are the responsibility of the Owner. The City will receive $5,000.00 for the sale of 231 square metres of land. In addition, the City would receive between $7,000.00 to $10,000.00 annually in property tax once the property is developed. No services will be impacted by this land sale. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Growth and Community Services (Planning and Building Inspection), Public Works and Transportation and Infrastructure Development have provided input into the preparation of this report. ATTACHMENTS 1. Location Map; and 2. Plan of Survey. 6V Portion of Fieldstone Drive Ip 4t m ftT � rv�fZ 14 sss\ssMP4ecE96s\�aoi55s l \�N N Z mE E _O Ni E O c z- E, E - ES Eo.EE O a) p a) pol 2 E� Ev a- = TO a) O� O� w E E V E E" O O c G 44 a o _ _o E "o - - - aaU�� o a p E - in Oi a) W - \ - _ vE vE - w 3 �� 0 0 ov - O o EE \ / � /\ \/ QQ) zry oE/ EU= <—_ —ao 0z — .AZ ZL .09, - a0 o E z 0 i II \�o mm>°oo .oa Yo p z- .o v o z j j dm juu nnnnnnnn N N I OLL I O a I - m w u I (n � w� COMMON COUNCIL REPORT M&C No. 2023-076 Report Date March 15, 2023 Meeting Date March 20, 2023 Service Area Growth and Community Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT: Proposed Public Hearing Date: 55 McDonald Street and Zoning By- law Text Amendments AUTHORIZATION Primary Author Commissioner I Chief Administrative Officer Jennifer Kirchner Jacqueline Hamilton I Brent McGovern RECOMMENDATION RESOLVED That Common Council schedule the public hearing for the Zoning By- law Section 59 amendment application submitted by Ian MacKinnon (City of Saint John) for 55 McDonald Street (PID: 55188825) and by Community Planning Staff for text amendments for Monday, May 1, 2023 at 6:30 p.m. at the Council Chamber, City Hall 2nd floor, 15 Market Square, Saint John, NB. EXECUTIVE SUMMARY The purpose of this report is to advise Common Council of the Section 59 amendment and Zoning By-law applications received and to recommend an appropriate public hearing date for this application and the staff lead text amendments. The next available public hearing date is Monday, May 1, 2023. 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 an appropriate public hearing date. Details of the applications 67� -2- are available in the Common Clerk's office and will form part of the documentation at the public hearing. Name of Location Existing Reason Applicant Zone Ian 55 McDonald Utility Service The proposed Section 59 MacKinnon Street (PID: (US) amendment will allow for the (City of Saint 55188825) maintenance, repair and storage John) of City of Saint John vehicles and equipment in addition to Saint John Transit vehicles. Community Planning Staff are also proposing to proceed with the second in a series of Zoning By-law Amendments which will enhance the customer service experience and will address common variance requests, as well as emerging planning concepts. 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 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. On a broader note, the development approval process works towards fulfilling key Council priorities including: • Facilitate a mix of affordable housing in all our neighbourhoods; • Grow our population at a rate of 2% annually by the end of Council's term; • Achieve 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 61FA COMMON COUNCIL REPORT M&C No. 2023-72 Report Date March 15, 2023 Meeting Date March 20, 2023 Service Area Strategic Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT. Microsoft Unified Enterprise Support Services Agreement AUTHORIZATION Primary Author Commissioner/Dept. Head Chief Administrative Officer Sarah Ranson Stephanie Rackiey-Roach Kevin Fudge J. Brent McGovern RECOMMENDATION It is recommended that: 1. The City enter into a three (3) year term Unified Enterprise Support Services Agreement with Microsoft Corporation for user support services as outlined in the forms attached to M&C 2023-72. 2. That the Mayor and City Clerk be authorized to execute the necessary documents from Microsoft (attached). EXECUTIVE SUMMARY Microsoft has a comprehensive set of support services for enterprise customers called Unified Enterprise Support Services (MUESS). An agreement with Microsoft to access these services would benefit the City by reducing costs and time related sourcing support for projects to enhance the City's information technology systems and data. It also provides coverage for support calls that are not provided for within the Microsoft Enterprise Agreement for licenses. Training for both IT professionals and employees is available through the MUESS, resulting in lower training costs to improve skills. The services are a combination of pre -defined services and customized support based (i.e., projects) on the City's Information Technology ("IT") needs. The total cost of the support agreement is $194,980 plus HST over three years and is budgeted for in the IT operational budget. PREVIOUS RESOLUTION N/A 611:3 -2- REPORT The Microsoft platform is the foundation for the City's IT network, leveraging that technology to improve business functions, manage assets, and protect the City against cyber threats. Microsoft Office 365 provides all productivity tools, such as Email, Word, Excel, PowerPoint for presentations, Power BI for data analytics, and work collaboration systems like Microsoft Teams and SharePoint. With the City's Enterprise Agreement with Microsoft for licensing and cloud services, Microsoft Unified Enterprise Support Services (MUESS) are available, which is a comprehensive enterprise support set of services that helps accelerate an organization's adoption of Microsoft 365, optimize the City's IT solutions and use technology to realize new business opportunities. Specifically, the support agreement provides the IT service area with Microsoft technical support and expertise, project planning, security auditing, and incident response. The MUESS includes technical support services, such as an on -demand self-service assessment platform for acceptance testing and reactive support management (i.e., troubleshooting). The MUESS provides for an account manager to drive timely resolution of issues and a high quality of support delivery. Educational tools and workshops are also available. The agreement also includes flex credits that the IT service area can use as needed for troubleshooting that is not covered under the technical support services (i.e., complex issues) and project delivery based on the City's business needs. The MUESS provides the following benefits to the City: • Reduces time to resolve issues. Dedicated technical expertise will be a phone call away, and getting technical help will be faster than contacting several vendors to check resource availability and technical fit. • Reduces administrative costs incurred as there are fewer contracts to manage. Microsoft has the contacts to get the City the right expertise when needed, rather than staff source a vendor. Having the standardized support in place, allows the IT team to plan effectively for project resources directly with Microsoft. • Increases success on product and configuration implementation. Uncertainty regarding the design, implementation and success of a proposed solution is reduced as the City works directly with Microsoft, who assigns work internally or to a third -party vendor who is a Microsoft partner on the City's behalf. • The support agreement is cost effective. The City's IT team has not been able to complete a number of projects for operational improvements and 611%] -3- service enhancements with the expense to source Microsoft expertise. Past project quotes from Microsoft partners justify the cost-effectiveness of the MUESS. Under the Microsoft Business Agreement, which documents the City's purchase of user licenses, server licenses, cloud services and endpoint management tools, technical support has been limited to a few technical support calls annually and information available on the Microsoft website. This support has proven inadequate. With the MUESS, the support for calls is unlimited within a specified service level. • Reduces costs related to Microsoft training. Training and documentation for Microsoft products and services are also available via MUESS. The organization is relatively new to Microsoft 365 and a knowledge database will bring value to the IT service area as they work on the cloud computing environment, endpoint management system, and user training. The IT team has incorporated into their work plan projects that will use all the credits available to the City over the lifespan of the MUESS Agreement. STRATEGIC ALIGNMENT One of City Council's priorities under Perform is to advance a culture of continuous improvement to drive operational efficiencies. The MUESS achieves this by saving costs through standardizing support, reducing risk, and incident resolution time. SERVICEAND FINANCIAL OUTCOMES The contract cost is $194,980 plus HST over three years and is budgeted for in the IT operational budget. Costs include support for solution implementation projects, knowledge transfer and training, incident response support, and technical expertise for Microsoft products. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The General Council Office has reviewed this agreement. Supply Chain Management supports the recommendation being put forth and acknowledges Microsoft software is a sole source. ATTACHMENTS Microsoft Unified Enterprise Support Services Description (USSD) Microsoft Enterprise Services Work Order Microsoft Unified Enterprise Support Services Description (USSD) February 2023 Unified Enterprise Support Services Description Table of content 1 About this document.........................................................................................................................................................3 2 Support services..................................................................................................................................................................4 2.1 How to purchase...............................................................................................................................................................4 2.2 Description of services...................................................................................................................................................5 Proactiveservices............................................................................................................................................................... 5 Planningservices................................................................................................................................................................5 Reactiveservices...............................................................................................................................................................10 Service delivery management......................................................................................................................................12 2.3 Enhanced services and solutions............................................................................................................................14 Enhanced Designated Engineering...........................................................................................................................14 UnifiedEnhanced Response.........................................................................................................................................16 RapidResponse.................................................................................................................................................................18 AzureEvent Management............................................................................................................................................19 Office365 Engineering Direct..................................................................................................................................... 24 DeveloperSupport.......................................................................................................................................................... 24 GitHubEngineering Direct...........................................................................................................................................24 Supportfor Mission Critical......................................................................................................................................... 24 Cybersecurity Enhanced Solutions............................................................................................................................ 25 2.4 Multi -country Support................................................................................................................................................ 29 Multi -country Support Services Overview............................................................................................................. 29 Howto Purchase.............................................................................................................................................................. 29 Multi -Country Support Additional Terms and Conditions............................................................................... 30 2.5 Additional terms and conditions............................................................................................................................31 2.6 Your responsibilities..................................................................................................................................................... 32 Page 1 I' Unified Enterprise Support Services Description 1 About this document The Microsoft Unified Enterprise Support Services Description provides you with information on the support services that are available to purchase from Microsoft. Please familiarize yourself with the descriptions of the services that you purchase, including any prerequisites, disclaimers, limitations and your responsibilities. The services that you purchase will be listed in your Enterprise Services Work Order (Work Order) or another applicable Statement of Services that references and incorporates this document. Not all services listed in this document are available globally. For details on which services are available for purchase in your location, contact your Microsoft Services representative. Available services are subject to change. Page 3 W Unified Enterprise Support Services Description 2 Support services Microsoft Unified Enterprise Support Services (support services) is a comprehensive enterprise support set of services that helps accelerate yourjourney to the cloud, optimize your IT solutions, and use technology to realize new business opportunities for any stage of the IT lifecycle. Support services include: Proactive services help improve health of your IT infrastructure and operations Service Delivery Management to facilitate planning and implementation Prioritized 24x7 problem resolution services to provide rapid response to minimize downtime 2.1 How to purchase Support services are available as a Base Package, with additional services, and enhanced services and solutions available to purchase under an existing Base Package agreement listed in the Enterprise Services Work Order, as described below. Base Package A combination of proactive, reactive and delivery management services that support Microsoft products and/or Online Services in use within your organization. Part of your Base Package includes a Flex Allowance* to use to add proactive services (marked with "+"), enhanced services and solutions services and/or Custom Proactive services to your Base Package. Base Package included services are represented with a "✓" throughout this section. Additional services Additional support services, including Proactive services are available to add to your Base Package during the term of your Work Order and are represented with a "+" throughout this section. Enhanced services and solutions Support services, which cover a specific Microsoft product or customer IT system, are available to add to your support Base Package during the term of your Work Order and are also represented with a throughout this section. Multi -country support Multi -country Support provides support to you in multiple Support Locations, as described in your Work Order (or Work Orders). *Flex Allowance is a flexible portion of your base package list price that may be applied towards the purchase of Proactive services, enhanced services and solutions, Proactive credits or Custom Proactive Services at the time of the services purchase. Your Microsoft representative will provide the portion of your Base Package list price available for use as Flex Allowance. The following conditions for allocation of your Flex Allowance apply: Page 4 AElI Unified Enterprise Support Services Description • Up to 20% or $50,000, whichever is higher, of your allotted Flex Allowance may be applied to the purchase of Proactive Credits or Custom Proactive services. • Flex Allowance is allocated on an annual basis and any services to which Flex Allowance has been applied must be utilized during the applicable annual term. • Flex Allowance may not be used for Service Delivery Management services, as defined herein. • If you ordered one type of service with Flex Allowance and wish to exchange it for another type of service, you may apply equivalent value to an alternative service where available and agreed with your service delivery resource. • All available Flex Allowance must be allocated by the time of contract execution or it will be forfeited. 2.2 Description of services The items which are combined to form your support services package are described in this section. Also, listed are services that may be added to your Base Package or added during the Term of the agreement. Proactive services Proactive services help prevent issues in your Microsoft environment and will be scheduled to help ensure resource availability and delivery during the term of the applicable Work Order. The Proactive services that follow are available as identified below or detailed on your Work Order. Onsite delivery may not be available for all services and in all geographies. Delivery will be remote unless otherwise agreed in writing and for an additional fee or unless expressly sold as an onsite service. Planning services Planning services provide assessments and reviews of your current infrastructure, data, application and security environment to help plan your remediation, upgrade, migration, deployment or solution implementation based on your desired outcomes. + - Additional service that may be purchased Proof of Concept: An engagement to provide evidence that enables the customer to evaluate the feasibility of a proposed technical solution. The evidence can be in the form of working prototypes, documents, and designs, but are not usually production -ready deliverables. Implementation services Implementation services provide technical and project management expertise to accelerate design, deployment, migration, upgrade, and implementation of Microsoft technology solutions. Onboarding Services + - Additional service that may be purchased. Page 5 ARI Unified Enterprise Support Services Description Onboarding Services: A direct engagement with a Microsoft resource to provide deployment, migration, upgrade or feature development assistance. This can include assistance with planning and validation of a proof -of -concept or production workload using Microsoft products. Maintenance services Maintenance services help prevent issues in your Microsoft environment and are typically scheduled in advance of the service delivery to help ensure resource availability. Maintenance service types Assessment Plan •o Assessment Program + Offline Assessment + Proactive Monitoring + Proactive Operations Programs (POP) + Risk and Health Assessment Program as a Service (RAP as a Service) + ✓ - Included as part of your Base Package. + - Additional service that may be purchased. On -demand Assessment: Access to a self-service, online automated assessment platform that uses log analyses to analyze and assess your Microsoft technology implementation. On -demand Assessments cover limited technologies. Use of this assessment service requires an active Azure service with adequate data limits to enable use of the on -demand assessment service. Microsoft may provide assistance to enable initial setup of the service. In conjunction with the On -demand Assessment, and for an additional fee, an onsite Microsoft resource (for up to two days) or remote Microsoft resource (for up to one day) are available to assist with analyzing the data and prioritizing remediation recommendations per your services agreement. Onsite assessments may not be available in all geographies. Assessment Program: An assessment on the design, technical implementation, operations or change management of your Microsoft technologies against Microsoft recommended practices. At the conclusion of the assessment, the Microsoft resource will work directly with you to remediate possible issues and provide a report containing the technical assessment of your environment, which may include a remediation plan. Offline Assessment: An automated assessment of your Microsoft technology implementation with data collected remotely, or by a Microsoft resource at your location. The data gathered is analyzed by Microsoft using on -premises tools, and we provide you with a report of our findings and remediation recommendations. Proactive Monitoring: Delivery of technical operations monitoring tools and recommendations for tuning your server incident management processes. This service helps you create incident matrices, conduct major incident reviews, and create the design for a sustained engineering team. Page 6 C�� Unified Enterprise Support Services Description Proactive Operations Programs (POP): A review with your staff of your planning, design, implementation or operational processes against Microsoft recommended practices. This review is done either onsite or remotely by a Microsoft resource. Risk and Health Assessment Program as a Service (RAP as a Service): An automated assessment of your Microsoft technology implementation, with data collected remotely. The gathered data is analyzed by Microsoft to create a findings report containing remediation recommendations. This service is available for on -site or remote delivery. Optimization services Optimization services focus on the goals of optimal utilization of the customer's technology investment. These services may include remote administration of cloud services, optimizing the adoption of Microsoft product capabilities by end users and ensuring a robust security and identity posture. Adoption Services I + Development Focused Services I + IT Services Management I + Security Services + + - Additional service that may be purchased. Adoption Services: Adoption support services provide a suite of services that help you assess your organization's ability to modify, monitor and optimize changes linked to your Microsoft technology purchase. This includes support in the development and execution of your adoption strategy around the people side of change. Customers have access to resources with the expertise, knowledge and associated Microsoft recommended practices in support of their adoption program. Development Focused Services: Services available to assist your staff build, deploy, and support applications built with Microsoft technologies. Services Insights for Developers: An annual assessment of your application development practices to help customers with recommended practice guidance for developing applications and solutions on Microsoft platforms. Development Support Assistance: Provides help in creating and developing applications that integrate Microsoft technologies on the Microsoft platform, specializing in Microsoft development tools and technologies, and is sold as a quantity of hours listed on your Work Order. IT Services Management: A suite of services designed to help you evolve your legacy IT environment using modern service management approaches that enable innovation, flexibility, quality and operational cost improvements. Modern IT Service Management services may be delivered through remote or onsite advisory sessions or workshops to help ensure your monitoring, incident management or service desk processes are optimized to manage the dynamics of cloud -based services when moving an application or service to the cloud. IT Services Page 7 AYA Unified Enterprise Support Services Description Management services may be an element of a customized program of support services, available for an additional fee and may be defined in an exhibit and referenced in your Work Order. Security Services: The Microsoft security solutions portfolio includes four focus areas: cloud security and identity, mobility, enhanced information protection and secure infrastructure. Security services help customers understand how to protect and innovate their IT infrastructure, applications and data against internal and external threats. Security services may be an element of a customized program of support services, available for an additional fee and may be defined in an exhibit and referenced in your Work Order. Education services Education services provide training that help to enhance your support staff's technical and operational skills through either onsite, online or on -demand instruction. On -demand Education I ✓ Webcasts I ✓ Chalk Talks I + Workshops + ✓ - Included as part of your Base Package. + - Additional service that may be purchased. On -demand Education: Access to a collection of online training materials and online labs from a workshop library digital platform developed by Microsoft. Webcasts: Access to live Microsoft -hosted educational sessions, available on a wide selection of support and Microsoft technology topics, delivered remotely online. Chalk Talks: Short interactive services, typically one -day sessions, that cover product and support topics provided in a lecture and demonstration format and are delivered by a Microsoft resource either in person or online. Workshops: Advanced level technical training sessions, available on a wide selection of support and Microsoft technology topics, delivered by a Microsoft resource in person or online. Workshops are purchased on a per -attendee basis or as a dedicated delivery to your organization, as specified on your Work Order. Workshops cannot be recorded without express written permission from Microsoft. Additional Proactive services Custom Proactive Services (Maintenance, Optimization and + Education services) Support Technology Advisor N Page 8 C:�:j Unified Enterprise Support Services Description Designated Engineering + - Additional service that may be purchased. Custom Proactive services: A scoped engagement with Microsoft resources to deliver services at the customer's direction, in person or online, which are not otherwise described in this document. These engagements include Maintenance, Optimization and Education service types. Support Technology Advisor (STA): A customized service that provides a technology assessment supporting customer business goals including, but not limited to, workload optimization, adoption or supportability, delivered by a Microsoft resource. This service may include a plan and technical guidance tailored to customer environment and business goals. Proactive Accelerator: A Microsoft resource -led service comprised of a scoped set of activities to help you accomplish a technical or business outcome based on goals to eliminate deployment risks, increase availability, or optimize solution performance. Using a programmatic approach, the Microsoft resource will determine the set of activities needed for engagement, which may include, but are not limited to, fit gap analysis, onboarding, optimization, knowledge transfer, design validation, and implementation plan. Designated Engineering (DE): Curated and outcome -driven solution(s), based on Microsoft recommended practices and principles, that help accelerate your time to value, A lead expert will work with your team closely to provide deep technical guidance and leverage other Microsoft experts where required, to help with deployment and/or optimization of your Microsoft solutions. Including services that span from assessment and planning, to upskilling and design, to configuration and implementation. Proactive Credits: The value of exchangeable services represented in credits on your Work Order. Proactive Credits can then be exchanged for, or applied to, one or more defined additional services, as described within this document, and at current rates provided by your Microsoft Services representative. After selecting the available additional service, we will deduct the value of that service from your credit balance, rounded up to the nearest unit. Page 9 C:�%1 Unified Enterprise Support Services Description Reactive services Reactive services help resolve issues in your Microsoft environment and are typically consumed on demand. The following reactive services are included as -needed for currently supported Microsoft products and online services, unless otherwise noted on your Work Order. All reactive support is delivered remotely. Reactive service .- Advisory Support ✓ Problem Resolution Support ✓ Reactive Support Management ✓ Root Cause Analysis + Reactive Support Management Add -on + ✓ - Included as part of the Base Package. + - Additional service that may be purchased. Advisory Support: Phone -based support on short-term (limited to six hours or less) and unplanned issues for IT Professionals. Advisory Support may include advice, guidance, and knowledge transfer intended to help you deploy and implement Microsoft technologies in ways that avoid common support issues and that can decrease the likelihood of system outages. Architecture, solution development and customization scenarios are outside of the scope of these Advisory Services. Problem Resolution Support: This assistance for problems with specific symptoms encountered while using Microsoft products includes troubleshooting a specific problem, error message or functionality that is not working as intended for Microsoft products. Incidents may be initiated either by phone or submitted via the web. Support requests for services and products, not covered by the applicable online service support portal, are managed from within the Microsoft Services online portal. Severity definitions and the Microsoft estimated initial response times are detailed in the incident response tables below. The term 'First Call Response' is defined as the initial non -automated contact via phone or email. Upon your request, we may collaborate with third -party technology suppliers to help resolve complex multi -vendor product interoperability issues, however, it is the responsibility of the third party to support its product. The incident severity determines the response levels within Microsoft, initial estimated response times and your responsibilities. You are responsible for outlining the business impact to your organization, in consultation with us, and Microsoft will assign the appropriate severity level. You can request a change in severity level during the term of an incident should the business impact require it. Page 10 Me] Unified Enterprise Support Services Description Severity 1 Azure components' - Notification of your senior Critical business system down: First call response in 15 executives, as requested by us Business at risk. Complete loss minutes or less Allocation of appropriate of a critical application or All other products and services resources to sustain solution. - First call response in one continuous effort on a 24/7 hour or less basis' Needs immediate attention Critical situation resource Rapid access and response assigned Submission via phone or web Continuous effort on a 24/7 basis' Rapid escalation within Microsoft to product teams Notification of our senior executives, as required Severity A First call response in one hour Allocation of appropriate Critical business system or less resources to sustain degraded: Critical situation resource continuous effort on a 24/73 assigned basis Significant loss or degradation Rapid access and response of services Continuous effort on a 24/7 Needs attention within one basisz Submission via phone or web hour Severity B First call response in two hours Allocation of appropriate Moderate business impact: or less resources to align to Moderate loss or degradation Effort during business hours Microsoft effort of services, but work can only4 Access and response from reasonably continue in an change control authority impaired manner within four business hours Needs attention within two Submission via phone or web business hours4 Severity C First call response in four hours Accurate contact information Minor business impact: or less on case owner Substantially functioning with Effort during business hours Responsive within 24 hours minor or no impediments of only4 Submission via phone or web services Needs attention within four business hours4 Page 11 71 Unified Enterprise Support Services Description ' The listed response time for your Azure components does not cover, Azure StorSimple, GitHub AE, Azure Communication Services or Billing & Subscription Management. 'Critical situation resources help drive for prompt issue resolution through case engagement, escalation, resourcing, and coordination. 3 We may need to downgrade the severity level if you are not able to provide adequate resources or responses to enable us to continue with problem resolution efforts. 'Business hours are generally defined as 09:00 to 77:30 Local Standard Time, excluding holidays and weekends. Business hours may differ slightly in your country. Reactive Support Management: Reactive Support Management provides oversight of support incidents to drive timely resolution and a high quality of support delivery. Service Delivery Management will be utilized for the Reactive Support Management of all support requests. Per the Incident Response tables above, for Severity B and C incidents, the service is available by customer request during business hours to the Microsoft resource who can also provide escalation updates when requested. For Severity 1 and A incidents, an enhanced escalation process is initiated and automatically executed. The assigned Microsoft resource is then responsible for ensuring continued technical progress by providing you with status updates and an action plan. For non -business hours extended coverage, you may purchase Additional Reactive Support Management Hours. Root Cause Analysis: When explicitly requested prior to incident close, we will perform a structured analysis of potential causes of a single incident, or a series of related problems. You will be responsible for working with the Microsoft team to provide materials such as log files, network traces, or other diagnostic output. Root Cause Analysis is only available for certain Microsoft technologies and may incur an additional charge. Reactive Support Management Add -on: You may elect to purchase additional hours to provide Reactive Support Management. These resources will operate remotely and deliver the service during the business hours in the time zone that is agreed upon in writing. This service is delivered in English and, where available, may be provided in your spoken language. This service is subject to Microsoft resource availability. Service delivery management Service Delivery Management (SDM) is included with your support services, unless otherwise noted herein or in your Work Order. Additional delivery management services may be added when purchasing additional services or enhanced services and solutions. SDM services are provided digitally and by a designated customer success account manager. This named resource may operate either remotely or onsite at your location. Page 12 roil Unified Enterprise Support Services Description Service Delivery Management scope The following SDM services are available: Service delivery management service types d&bm Customer Organization Enablement Plan ✓ Microsoft Product, Service, and Security Updates Guidance ✓ Program Development & Management ✓ Unified Enterprise Support Onboarding ✓ Cloud Success Program + Cloud Solution Architect Developer Advocate ✓' Executive Relationship Management ✓ Service Delivery Management Add -on + Onsite Service Delivery Management + ✓ - Included as part of the Base Package. + - Additional service that may be purchased. ✓" — Additional services that may be provided by Microsoft. Customer Organization Enablement: Guidance and information provided to your named Support Service Administrator about how to manage utilization of your Unified Support services, and prepare you to use Unified Support digital and reactive services. Microsoft Product, Service and Security Updates Guidance: Information shared with you about important upcoming product and service features and changes, as well as security bulletins for Microsoft technologies. Program Development & Management: Activities designed to plan, propose, and manage your support program's services, across your organization to help you realize greater value from your investments in Microsoft technology and services. Microsoft may recommend a variety of services intended to help you achieve key business and technology outcomes, making use of the capabilities included in your Base Package support, as well as additional services you may purchase. Unified Support Onboarding: Activities to support your initiation into Unified Support, including the introduction and promotion of self-service capabilities in the online support portal, with a goal of ensuring timely utilization of your Unified Support services. Cloud Success Program: Planning and delivery services are included to help you achieve specific cloud outcomes, empowering you to accelerate the implementation, adoption and realized value of Microsoft cloud technologies. Page 13 rKj Unified Enterprise Support Services Description Cloud Solution Architect Developer Advocate: A development focused Microsoft support resource who will deliver strategic advice and guidance to accelerate innovation and drive efficiency throughout the software development lifecycle. These limited resources may be assigned by Microsoft as conditions allow. Executive Relationship Management: A set of activities to ensure the Microsoft Support team is aligned to your organization's strategic priorities and engaged with key business and technology decision makers. Service Delivery Management Add -on: You may elect to purchase additional custom SDM resources to provide service delivery management services as part of a pre -determined scope of work, which are not explicitly detailed in this document. This service is also subject to Microsoft resource availability. These resources will operate either remotely or onsite at your location. If delivered onsite, the below restrictions will apply. Onsite Service Delivery Management: You may request onsite visits from your customer success account manager that may require an additional charge per visit. This service is subject to Microsoft resource availability. 2.3 Enhanced services and solutions In addition to the services provided as part of the Base Package or as additional services, the following optional enhanced services and solutions may be purchased. Enhanced services and solutions are available for an additional fee and may be defined in an Exhibit referenced in your Work Order. Service Enhanced Designated Engineering Plan + Unified Enhanced Response + Rapid Response + Azure Event Management + 0365 Engineering Direct + Developer Support +' GitHub Engineering Direct + Support for Mission Critical + Cybersecurity Support Services + + - Additional service that may be purchased. +7 - Additional service that may be purchased up to a limited maximum quantity. Enhanced Designated Engineering Enhanced Designated Engineering (EDE): A custom service that provides a deep and ongoing technical engagement for customers with complex scenarios. This offering is scoped to match the customer's needs Page 14 rLl Unified Enterprise Support Services Description and outcomes by providing a designated engineer who will build a deep knowledge of the customer's environment or solution and support customer business goals including, but not limited to, workload optimization, adoption or supportability. EDE services may be purchased as pre -defined offerings or as a block of custom hours that can be used to deliver scoped proactive services. When purchased as hours, EDE service hours are then deducted from your total purchased hours as they are utilized and delivered. Pre -defined EDE offerings are tailored to your environment and help you achieve a desired outcome. These offerings include required pre -defined proactive services built-in. The focus areas for EDE services: • Help maintain a deep knowledge of your current and future business requirements and configuration of your information technology environment to optimize performance • Document and share with you recommendations of the use of support services —related deliverables (e.g. supportability reviews, health checks, workshops, and risk -assessment programs) • Help make your deployment and operation activities consistent with your planned and current implementations of Microsoft technologies • Enhance your IT staff's technical and operational skills • Develop and implement strategies to help prevent future incidents and increase system availability of your covered Microsoft technologies • Help determine the root cause of recurring incidents and to provide recommendations to prevent further disruptions in the designated Microsoft technologies Regardless of how EDE is purchased, resources are allocated, prioritized and assigned based on the agreement of the parties during the initiation meeting and documented as part of your service delivery planning. Multi Country customer must assign the EDE to location at contracting prior to service delivery Planning. Service -specific prerequisites and limitations • You must have a current Microsoft Unified Support services agreement to support your EDE services. If your Microsoft Unified Support services agreement expires or is terminated, your EDE service will be terminated on the same date. • EDE services are available during normal business hours (09:00 to 17:30 Local Standard Time, excluding holidays and weekends). • EDE services support the specific Microsoft products and technologies selected by you and listed in your Work Order. • EDE services are delivered for a single support location in the designated support location identified in your Work Order. Page 15 rN0 Unified Enterprise Support Services Description • EDE services are delivered remotely unless agreed otherwise in advance in writing. Where onsite visits are mutually agreed upon and not pre -paid, we will bill you for reasonable travel and expenses. Unified Enhanced Response Unified Enhanced Response: Unified Enhanced Response (UER) provides accelerated reactive support for your products and cloud services with faster routing for all critical situation incidents ('crit sits') and by assigning resources from the Enhanced Incident Management team designated to you for enhanced reactive incident management. Customers may purchase Unified Enhanced Response in addition to their Unified Enterprise base support agreement or add it at any point in the term of an active Unified Enterprise base support agreement. UER delivery is available for purchase now but delivery will not begin until 'Delivery date in 2023'. Customers who purchase UER before Delivery Start Date will not be invoiced until Microsoft begins delivery of UER ('Delivery Start Date') or [February 1, 2023], whichever is later. To receive UER support for your Microsoft products and cloud services, you must submit an incident by phone or via web. If opened at Severity 1 or Severity A, your Problem Resolution Support requests will automatically be routed with the enhanced response time and the Enhanced Incident Management team will be automatically assigned for incident management. Enhanced Incident Management: The Enhanced Incident Management service is available 24x7x365 for all Severity 1 or Severity A Problem Resolution Support requests. Customers are assigned a designated pool of resources with knowledge of customer business goals and environment. These resources are assigned in addition to the technical resolution resources and are responsible for oversight of all critical situation support incidents to drive timely resolution and a high quality of support delivery. The Enhanced Incident Management team resources designated to the customer can be reached directly via email 24-7 and will ensure continued technical progress by providing you with frequent status and escalation updates and an action plan. For any Severity 1 incident, a member of the Enhanced Incident Management team will also provide a post -incident review with the customer, Customer Success Account Manager and other members of your account team with the goal of strengthening your business and prevent future outages and issues. During the meeting, the Enhanced Incident Management team member will provide an overview of incident response, including successes and areas for improvement, and work with your Customer Success Account Manager (CSAM) on recommendations for remediation, to proactively reduce future cases and strengthen your solutions. A member of the Enhanced Incident Management team will inform you during the incident if a Root Cause Analysis (RCA) is also available for the impacted Microsoft technology, if an additional charge will be incurred by performing the RCA and will work with your CSAM to initiate an RCA if available and explicitly requested by the customer prior to incident close. You will be responsible for working with the Microsoft team to provide materials such as log files, network traces, or other diagnostic output needed to complete the RCA. For your Enhanced Incident Management team to have basic knowledge of your goals and environment, you must provide documentation if requested and participate in onboarding activities during the first 60 days of the contract term. These resources will operate remotely. The Enhanced Incident Management service is delivered in English, Chinese and Japanese. No Enhanced Incident Management service delivery by region restricted, citizenship required or cleared delivery resources is possible in this offer. Page 16 NQ Unified Enterprise Support Services Description UER's reactive services help resolve issues in your Microsoft environment and are typically consumed on demand. The reactive services provided are included as -needed for currently supported Microsoft products and online services, unless otherwise noted on your Work Order. All reactive support is delivered remotely. In addition to the as -needed reactive services, a set quantity of hours for Reactive Support Management and Service Delivery Management are included for your Enhanced Incident Management team and CSAM to use to deliver for onboarding activities, quarterly meetings with your Enhanced Incident Management team member and Sev 1 post -incident reviews. Additional or more frequent meetings are available by request and with prior Microsoft agreement where resourcing available if you elect to purchase additional hours beyond those included to provide additional Reactive Support Management and Service Delivery Management by your Enhanced Incident Management team and Customer Success Account Manager UER only needs to be purchased for the host country location if the customer has a multi -country Unified agreement. As a reactive Enhanced Solution, all UER services may be provided remotely to locations other than and including the Host with the exception of the included Service Delivery Management hours, which will be allocated by the Host and managed by the Host Customer Success Account Manager. Severity 1 Azure components' - Notification of your senior Critical business system down: Business at risk. Complete loss of a critical application or solution. Needs immediate attention Severity A Critical business system degraded: Significant loss or degradation of services Needs attention within 30 minutes First call response in 15 minutes or less All other products and services - First call response in 30 minutes or less Senior Incident Manager automatically assigned Continuous effort on a 24/7 basis' Rapid escalation within Microsoft to product teams Notification of our senior executives, as required First call response in 30 minutes or less Senior Incident Manager automaticallyz assigned Continuous effort on a 24/7 basisz executives, as requested by us Allocation of appropriate resources to sustain continuous effort on a 24/7 basis3 Rapid access and response Submission via phone or web Allocation of appropriate resources to sustain continuous effort on a 24/7 basis3 Rapid access and response Submission via phone or web Page 17 NFA Unified Enterprise Support Services Description ' The listed response time for your Azure components does not cover US Gov Clouds Azure StorSimple, GitHub AE, Azure Communication Services or Billing & Subscription Management, A40, Azure Media Services, Azure Stack, Test Base for M365, Microsoft Mesh or Universal Print. Enhanced Incident Management resources help drive for prompt issue resolution through case engagement, escalation, resourcing, and coordination. 3 We may need to downgrade the severity level if you are not able to provide adequate resources or responses to enable us to continue with problem resolution efforts. Rapid Response Rapid Response: Rapid Response provides accelerated reactive support for your cloud services by routing support incidents to technical experts and providing an escalation path to cloud service operations teams, as required. To receive Rapid Response services for your Microsoft Azure components you must submit an incident through the applicable cloud service portal. Your Problem Resolution Support requests will be directly routed to a Rapid Response support queue which is staffed by a designated team of engineers with cloud service expertise. For this team to have basic knowledge of your deployment, you must provide documentation on basic Azure deployment and database topology, as well as scaling and load balancing plans where available. While incidents may require resources from standard product support professionals for resolution, the Rapid Response team retains primary responsibility for the incidents 24x7x365. For your Azure components, the response times for problem resolution support are listed in the table below and supersede any expected Base Package support response times. Rapid Response does not cover Azure Media Services, Azure Stack, Azure StorSimple, GitHub AE, Azure Communication Services, Universal Print, Test base for M365, or Microsoft Mesh. Rapid Response purchase is subject to resource availability. Please consult your customer success account manager for availability details. Severity 1 Critical business system down: Business at risk. Complete loss I First call response in 15 of a critical application or solution Loss of a core business process and work cannot reasonably continue Needs attention within 15 minutes minutes or less Continuous effort on a 24x7 basis' Access to Microsoft's experienced specialistsz Notification of your senior executives, as requested by us Allocation of appropriate resources to sustain continuous effort on a 247 basis' Rapid access and response Page 18 N-11 Unified Enterprise Support Services Description Severity A Critical business system degraded: Significant loss or degradation of services Rapid escalation within Microsoft to cloud service operations teams Notification of our senior executives, as required We may need to downgrade from 24x7 if you are not able to provide adequate resources or responses to enable us to continue with problem resolution efforts 2 Rapid Response Problem Resolution Support services are only available in English and Japanese. Azure Event Management Microsoft Azure Event Management ("AEM"): AEM provides enhanced proactive and reactive support during customers' critical business events. An in -scope critical business event supported by this offer is defined as a brief, customer -anticipated period of high business impact and/or peak demand for the customer, requiring higher levels of service availability and performance. Critical business events may receive up to five (5) calendar days of consecutive reactive coverage; customers may choose to purchase as many critical business events as required to run consecutively and cover the entire duration of the anticipated demand if longer than five (5) consecutive calendar days. Azure Event Management is subject to resource availability, please consult your customer success account manager for availability details. Support will not be delivered except for critical business events that have been scheduled in advance and confirmed in writing at least 8 calendar weeks before the start of the event unless Microsoft agrees. Microsoft may at its discretion reduce the scope of the pre -event assessment, if it chooses to accept an event with less notice. AEM supports critical business events that utilize core Microsoft Azure services. Each event covers a single Azure solution, if multiple Azure solutions require support then a customer must purchase additional events. An Azure solution is defined as a set of Azure subscriptions and Azure resources that connect to a common business outcome to provide customers with products or services. Microsoft will evaluate the customer's solution during the pre -event assessment period and communicate identified risks in writing to the customer. As part of the pre -event activities, the Microsoft will: • Assess and familiarize itself with your solution • Identify possible issues and risks affecting uptime and stability • Perform capacity and resiliency reviews on Azure platform Microsoft will provide written documentation of the results of its assessment including actions to mitigate possible risks affecting uptime and stability. For Azure cloud solutions, during the event, incident service requests related to the event should be raised through the Microsoft Azure portal including AEM in the case description. Page 19 r�%) Unified Enterprise Support Services Description Severity 1 Critical business system down: Business at risk. Complete loss of a critical application or solution Loss of a core business process and work cannot reasonably continue Needs attention within 15 minutes Severity A Critical business system degraded: Significant loss or degradation of services First call response in 15 minutes or less and rapid escalation within Microsoftz Critical situation resource assigned in 30 minutes or less. Continuous effort on a 24x7 basis' Access to Microsoft experienced specialists and rapid escalation within Microsoft to product teams Engagement of support engineers who have knowledge of your solution configuration. Where applicable, those engineers may assist and streamline the incident management process Notification of our senior executives, as required Notification of your senior executives, as requested by us Allocation of appropriate resources to sustain continuous effort on a 24x7 basis' Rapid access and response Microsoft may need to downgrade from 24 x 7 if you are not able to provide adequate resources or responses to help us to continue with problem resolution effort. Z AEM Problem Resolution Support services are only available in English Microsoft will provide a post -event summary of any cases opened during the reactive support window and ensure these cases are resolved. For Microsoft Cloud for Retail customers: Event Management for Microsoft Cloud for Retail customers provides enhanced proactive and reactive support during Microsoft Cloud for Retail customers' critical business events. This offer supports customer events only for customers that have purchased a Microsoft Cloud for Retail license. This offer will only support the following Microsoft Cloud for Retail solutions: D365 Commerce, D365 e-commerce, Microsoft Clarity, POS Add -On, D365 Fraud Protection, D365 Connected Spaces (in Preview — name may be subject to change), D365 Marketing, D365 Customer Insights, Promote IQ, Microsoft Advertising — Bing Ads, Azure Cognitive Search, Intelligent Recommendation, Azure Synapse analytics. The product terms for the listed solutions are published by Microsoft from time to time at http://microsoft.com/licensing/contracts (or a successor site that Microsoft identifies). Page 20 E:ii] Unified Enterprise Support Services Description An in -scope critical business event supported by this offer is defined as a brief, customer -anticipated period of high business impact and/or peak demand for the customer, requiring higher levels of service availability and performance. Critical business events may receive up to 5 calendar days of consecutive reactive coverage; customers may choose to purchase as many critical business events as required to run consecutively and cover the entire duration of the anticipated demand if longer than 5 consecutive calendar days. This offer is subject to resource availability, please consult your customer success account manager for availability details. Support will not be delivered except for critical business events that have been scheduled in advance and confirmed in writing at least 8 calendar weeks before the start of the event. Microsoft will evaluate the customer's solution during the pre -event assessment period and communicate identified risks in writing to the customer. As part of the pre -event activities, Microsoft will: • Assess and familiarize itself with your solution as discussed above • Identify possible issues and risks affecting uptime and stability • Perform capacity and resiliency review on Azure platform • Provide guidance on industry best practices from designated technical and operations delivery resources Microsoft will provide written documentation of the results of their assessment including recommended actions and industry best practices to mitigate possible risks and issues affecting uptime and stability. If the event includes an Azure cloud solution, during the event, incident service requests related to the event for Azure solutions should be raised through the Microsoft Azure portal including AEM in the case description. If the event includes a D365 or M365 cloud solution, during the event, incident service requests related to the event for these solutions should be raised through the Solution Center including selecting the product where the issue occurred and under support plan "D365 Event" in the case of D365 related requests. For Azure products: Severity 1 Critical business system down: Business at risk. Complete loss of a critical application or solution Loss of a core business process and work cannot reasonably continue Needs attention within 15 minutes First call response in 15 minutes or less and rapid escalation within Microsoftz Critical situation resource assigned in 30 minutes or less. Continuous effort on a 24x7 basis' Access to Microsoft experienced specialists and rapid escalation Notification of your senior executives, as requested by us Allocation of appropriate resources to sustain continuous effort on a 24x7 basis' Rapid access and response Page 21 E:1iI Unified Enterprise Support Services Description Severity A Critical business system degraded: Significant loss or degradation of services within Microsoft to product teams Engagement of support engineers who have knowledge of your solution configuration. Where applicable, those engineers may assist and streamline the incident management process Notification of our senior executives, as required 'Microsoft may need to downgrade from 24 x 7 if you are notable to provide adequate resources or responses to help us to continue with problem resolution effort. z AEM Problem Resolution Support services are only available in English For all other products, incident responses will align to the following: Page 22 E:3A Unified Enterprise Support Services Description Severity 1 Critical business system down: Business at risk. Complete loss of a critical application or solution. Needs immediate attention Azure components' - First call response in 15 minutes or less All other products and services - First call response in one hour or less Critical situation resource assigned Continuous effort on a 24/7 basis' Rapid escalation within Microsoft to product teams Notification of our senior executives, as required Notification of your senior executives, as requested by us Allocation of appropriate resources to sustain continuous effort on a 24/7 basis' Rapid access and response Submission via phone or web First call response in one hour or Allocation of appropriate Severity A less resources to sustain Critical situation resource continuous effort on a 24/7 Critical business system basis' degraded: assigned Significant loss or degradation Continuous effort on a 24/7 Rapid access and response of services basisz Submission via phone or web Needs attention within one hour First call response in two hours or Allocation of appropriate Severity B less resources to align to Microsoft Moderate business impact: Effort during business hours effort Moderate loss or degradation of only4 Access and response from services, but work can change control authority reasonably continue in an within four business hours impaired manner Submission via phone or web Needs attention within two business hours4 Severity C First call response in four hours or less Accurate contact information Minor business impact: on case owner Effort during business hours only4 Responsive within 24 hours Submission via phone or web Page 23 E:ic3 Unified Enterprise Support Services Description Substantially functioning with minor or no impediments of services Needs attention within four business hours4 'The listed response time for your Azure components does not cover Azure China Cloud, Azure StorSimple, GitHub AE, Azure Communication Services or Billing & Subscription Management. Critical situation resources help drive for prompt issue resolution through case engagement, escalation, resourcing, and coordination. 3 We may need to downgrade the severity level if you are not able to provide adequate resources or responses to enable us to continue with problem resolution efforts. 4 Business hours are generally defined as 09:00 to 1720 Local Standard Time, excluding holidays and weekends. Business hours may differ slightly in your country. Office 365 Engineering Direct Office 365 Engineering Direct: Provides enhanced support for the core workloads of your Microsoft Office 365 production tenant or tenants that includes prioritized access to the Office 365 engineering team. This service will be available for the listed tenant or tenants, is available for an additional fee and is defined in an Exhibit referenced in your Work Order. Developer Support Developer Support: Provides deeper proactive support based on cloud and product knowledge across the application development lifecycle for Customer developers building, deploying and supporting applications on Microsoft's platform. Developer Support delivers comprehensive support providing customers with cloud architecture, vulnerability assessments, ALM/DevOps solutions, security development lifecycle, code reviews, performance and monitoring, application modernization, internet of things (IoT) implementation and management, training, and testing. Developer Support is available for an additional fee. GitHub Engineering Direct GitHub Engineering Direct: Provides customers with priority access to a designated GitHub support team and a named GitHub Customer Reliability Engineer (CRE). In addition, quarterly reviews, including proactive guidance based on health checks and ticket analysis, are part of the GitHub Engineering Direct offe r. Support for Mission Critical Support for Mission Critical: Provides a higher level of support for a defined set of Microsoft products and Online Services that make up a part of your mission critical solution, as specified on your Work Order. Support for Mission Critical (SfMC) provides a customized program of support services, is available for an additional fee and is defined in an Exhibit referenced in your Work Order. You must have a current Microsoft Unified Support services agreement to support your SfMC services. If your Microsoft Unified Support services agreement expires or is terminated, your SfMC service will be terminated on the same date. Page 24 E:il Unified Enterprise Support Services Description Cybersecurity Enhanced Solutions Cybersecurity Enhanced Solutions provides specialized cybersecurity-related assistance under both reactive and proactive scenarios ("Cybersecurity Support Services"). These services help to reduce the risk of targeted cyber-attacks, better prepare for security crisis situations or investigate and contain an active security compromise. Additional details related to Cybersecurity Support Services can be provided through your Customer Success Account Manager (CSAM). Cybersecurity Support Services may be purchased as one or more of the pre -defined offerings below. When sold as a block of hours as part of a pre -defined offering, Cybersecurity Support Services hours are then deducted from your total purchased hours as they are utilized and delivered. Cybersecurity Support Services are identified as proactive or reactive. Regardless of how proactive Cybersecurity Support Solutions are purchased, resources are allocated, prioritized and assigned based on the agreement of the parties during the initiation meeting and documented as part of your service delivery planning. Service -specific prerequisites and limitations • You must have a current Microsoft Unified Support services agreement to support your Cybersecurity Support Services. If your Microsoft Unified Support services agreement expires or is terminated, your Cybersecurity Support Services will be terminated on the same date. • All Cybersecurity Support Services are a minimum of five (5) days in duration, with the exception "Workshop -Security Crisis & Response Exercise", which is three (3) days) and "Cybersecurity Incident Response 1-day Remote" that is a one -day, 32-hour service. Additional days may be required to complete the engagement. Microsoft will work with the customer to determine the additional days needed, to be purchased in quantities of five (5) day increments (eight (8) hours per day). • Cybersecurity Support Services are available during business hours (defined as 08:00 to 17:00, excluding holidays and weekends). • Cybersecurity Support Services support the specific Microsoft products and technologies selected by you and listed in your Work Order. • Cybersecurity Support Services are delivered for a single support location in the designated support location identified in your Work Order. • Cybersecurity Support Services are delivered remotely unless sold as onsite or agreed otherwise in advance in writing. Where onsite visits are mutually agreed upon and not pre -paid, we will bill you for reasonable travel and expenses. • Cybersecurity Support Services are delivered in English language only. • Microsoft relies upon the ability to examine Customer's endpoints for presence of adversary activity using tools described below (including Microsoft proprietary systems). Microsoft's ability to achieve the customer's objectives is dependent upon the customer to properly and fully deploy these tools. The need for additional tools may be dictated by information discovered during the engagement. Cybersecurity Support Services will be provided to you by a team of Microsoft support resources that may include: Your Unified Support Customer Support Account Manager ("CSAM"); A team of Microsoft Security Experts ("Engineers") with deep knowledge of cybersecurity and incident response; and Page 25 E:16'7 Unified Enterprise Support Services Description Specialized Microsoft Customer Engineers in extenuating circumstances, where specific skillsets may be needed. How to Engage: • For reactive scenarios: Open a reactive support case via web portals or phone, noting a potential security incident Initial investigation will be performed and, if necessary, a full investigation of the environment may be recommended. Microsoft will use different strategies and methodologies to complete the reactive services depending on the nature of the incident. Microsoft will consult with Customer at the outset of the investigation to identify initial objectives and regularly thereafter throughout the engagement to discuss updates to those objectives and other investigation decisions. Customer will make any material decisions on investigation strategy. Microsoft reactive services may include Microsoft conducting the activities identified in the table below, however Customer acknowledges and agrees that in providing the reactive services, Microsoft may modify its approach as appropriate to assist Customer in investigating a potential security incident: Cybersecurity Remote, reactive investigation of on -premises Windows environments following Incident a security incident. Assessment includes workstations, servers and domain Response controllers, as well as Linux environments at the engagement team's sole discretion. Assessment provides: • Threat hunt and forensic analysis of machines of interest • Reverse engineering suspicious files • Custom threat intelligence • Security configuration assessment of Active Directory • Guidance on containment steps in active attack scenarios, if applicable • Also available as "Cybersecurity Incident Response 1-day Remote," which is a single -day engagement with the same scope and activities with the same 4- person team size for 8-hours only duration. May be purchased in advance on retainer. • Note: Onsite support available if customer purchases as "Cybersecurity Incident Response — Onsite" and dependent on resource availability. Office 365 — Remote, reactive investigation of Office 365/Azure AD (AAD) environments, Incident including a single 0365 tenant following a security incident. Response Assessment provides: • Investigation of suspected users and potentially compromised accounts • Investigation of key data points across 0365 services • Security components assessment of 0365 Architecture • Risk management recommendations to protect 0365 services • Custom threat profile of high -risk users • Guidance on containment steps in active attack scenarios, if applicable Page 26 E:11.1 Unified Enterprise Support Services Description Cybersecurity Remote, proactive compromise assessment and security posture review. Operations Assessment includes workstations, servers and domain controllers supported by Service Defender for Endpoint (MDE) and Defender for Identity (MIDI). Assessment provides: • Limited forensic analysis of machines of interest • Analysis of suspicious files • Custom threat intelligence • Security configuration assessment of Active Directory Workshop — Remote, proactive workshop, providing a three (3)-day interactive classroom Security Crisis & experience to understand security crisis situations and how to respond in the Response Exercise event of a security incident. Deliverables For "Workshop — Security Crisis & Response Exercise": • A digital participant workbook For all other deliveries: • Upon request, an "outbrief" document in Microsoft PowerPoint format, prepared by the delivery team, summarizing key investigative findings, which may include assessment of risk and/or recommendations for remediation. • An outbrief presentation to Customer verbally to communicate items described in the outbrief. • If technically feasible and supporting data exists, a timeline document identifying and documenting the location of relevant supporting data and files analyzed during the course of the engagement. Also provided by "Cybersecurity Incident Response" and "Cybersecurity Operations Service": • A Microsoft PowerBI dashboard showing technical information concerning findings, except in rare circumstances when it cannot be generated for technical reasons. Deliverables (as defined above) will be delivered within the ten (10) calendar days following the conclusion of the Cybersecurity Incident Response engagement, unless Customer chooses not to accept the Deliverables. The Customer's choice not to accept the Deliverables is no fault of Microsoft under any circumstances, and any obligation of Microsoft to deliver said Deliverable(s) expires 10 calendar days after the final day of the engagement, unless otherwise mutually agreed by Microsoft and Customer. Services Out of Scope Page 27 E:�l Unified Enterprise Support Services Description Microsoft will perform the Cybersecurity Support Services with professional care and skill; however, nothing in the Agreement serves as a guarantee that the Cybersecurity Support Services will detect or identify all security or network threats, vulnerabilities or intrusions, decrypt or recover data, restore operations or return control of a Customer's systems where unauthorized access or control has occurred. Any area not explicitly listed in "Areas Within Scope" is out of scope. Out of scope areas for Cybersecurity Support Services include, but are not limited to, the following: • Analysis of Networking equipment • Comprehensive analysis of endpoints running legacy (unsupported) operating systems • Decryption support for encrypted files or hosts, including providing custom decryptors • Attribution of attacker including the identity, motives, or origin • Product licenses (Microsoft or non -Microsoft), except product trials, subject to availability • Hardware used during analysis • Constant, or continuous, security monitoring, monitoring after the Work Order has concluded and/or monitoring outside of standard business hours, 8 a.m. to 5 p.m. Pacific Standard Time (or other time zone as mutually agreed). • Source code review • Technical and/or architectural IT systems design • Litigation assistance or support services, including expert testimony or any work to meet evidentiary standards for legal admissibility in a court of law • Business application security • Project management of individual projects • Testing activities • Asset discovery and inventory • Preparation of RFI or RFP documents for individual project initiatives that may be identified in the process of this engagement • Provision of any regulated service or activities. Microsoft is not licensed or certified in any country, state, or province as a private investigator, legal advisor, or auditor and is not being retained to provide regulated investigatory services, legal advice, audit or internal control advisory services or engineering services that would require special licenses. • Weekend work, unless directed and approved by the Engineer's Delivery Manager Customer Responsibilities • Provide cloud -only Azure AD accounts with Global Administrator permissions, as needed. • An operational solution to remotely deploy the required tools for the Incident Response engagement (e.g., SCCM, Active Directory GPO, or other). • Deployment of specialized analytics tools, indicated and provided by the Microsoft Cybersecurity Support Services delivery team. Tools required for each respective engagement will be detailed by the delivery team, and Customer will (1) perform testing to ensure that the tools do not affect the reliability or availability of any Customer devices and (2) install the tools in accordance with the scope provided by Microsoft. • Customers should independently validate whether Microsoft Cybersecurity Support Services are covered by their insurance policy, if applicable. • If Customer requests that Cybersecurity Support Services be performed in Customer's production environment or with production data, then prior to Microsoft working in this environment and/or with this data, Customer must (1) provide Microsoft with adequate instructions and Customer supervisory resources for interfacing with this environment and/or data and (2) ensure that it has a valid backup of the environment and/or data. Page 28 E:1:1 Unified Enterprise Support Services Description • Full empowerment for security incident responders to fully perform the forensic investigative processes and procedures it employs as part of its standard protocols, free of encumbrances created by third -parties, such as other incident response vendors. Any failure by Customer to fully empower Microsoft to perform its work may result in delays of service or inadequate outcomes. • For the Security Crisis & Response Exercise or any other Cybersecurity Response Services, Customer agrees that any materials, deliverables or recordings produced as a result of this exercise will be treated as confidential information, used for the Customer's internal business purposes only and will not be distributed, displayed or otherwise transferred to any third party without Microsoft's prior written consent. Additionally, Customer will not alter, remove or obscure any notices, including intellectual property right notices, in or on said material. 2.4 Multi -country Support Multi -country Support Services Overview In conjunction with Microsoft Unified Enterprise Support services, Multi -country Support provides support to you in multiple Support Locations, as described in your Work Order (or Work Orders). The description of the Multi -country Support structure follows: Host: This is the Support Location where you have contracted for Microsoft Unified Support Base in your Work Order. Downstream: This is a Support Location designated in your Work Order where you are to receive Microsoft Unified Enterprise Support services, other than the Host location, and are entitled to the services you purchase for that location. How to Purchase This USSD describes the Multi -country Support services available. The specific services and related quantity, if applicable, will be listed in the associated Work Order by Support Location. The Services described herein may be delivered to your Support Location(s) designated in the Host Work Order and, as may be, allocated by the Host, as part of your Microsoft Unified Enterprise Support agreement with the following modifications: • Base Package Services: Unless noted otherwise, Base Package Services (those denoted with a "✓") will be available to your designated Support Locations or as allocated to Support Location(s) by the Host on the Host Work Order. • Reactive Services: Reactive Services may be provided remotely to locations other than and including the Host. Service Delivery Management (SDM): As designated in your Work Order, SDM may be delivered to designated Host and Downstream Support Location(s). The availability of SDM services that are included in your Base Package will be allocated by the Host and managed by the Host customer success account manager. SDM delivery will be limited to the business hours of the Host location. Additional SDM services may be required when purchasing additional services or enhanced services and solutions. Page 29 E-lue Unified Enterprise Support Services Description o Additional SDM: Additional SDM resources may be purchased for the Host or Downstream Support Location(s), as indicated in a Work Order, and will be delivered to the designated Support Location. Subject to resource availability and the above. Availability of optional services (those denoted with a "+" in the Support tables above) are as follows: • Proactive Services o You may be provided Proactive Services, the quantity of which will be listed on your Work Order and available in the Support Location(s) designated in your Work Order, o Proactive Services for Tax exception location will be identified in the Work Order for that downstream agreement. • Maintenance Services — Root Cause Analysis: Services purchased will be available to staff in designated Support Location(s). • Support Technology Advisor (STA): STA services will be available in the Support Location(s) designated in your Work Order, other than Exception Countries, and are subject to resource availability. • Enhanced services and solutions: All enhanced services and solutions may be purchased for use in either Host or Downstream Support Locations. Subject to availability. Other restrictions may apply. • Other purchased support services will be available in the Support Location(s) designated in your Work Order. Multi -Country Support Additional Terms and Conditions In addition to those terms and conditions outlined herein and your Work Order, our delivery of services, as outlined herein, is based upon the following prerequisites and assumptions: • We may allow staff in non -designated support location(s) to participate in remote Proactive Services that have been purchased for the Host or a Downstream Support Location and designated in the Work Order. Such participation will be allowed at the discretion of Microsoft. • Proactive Credits can only be exchanged between Host and Downstream Support Locations listed on your Work Order, except as noted. All exchanges will be completed based on current currencies and rates for Proactive Credits in the respective Support Locations. Current rates can be provided by your Microsoft Services representative. Any exchanges resulting in fractional Proactive Credits will be rounded up to the nearest unit. Proactive Credits may not be exchanged to or from Exception Countries. • The Customer shall be solely responsible for any tax obligations that arise because of the distribution or exchange of purchased support services between Host and Downstream Support Location(s). • Services changes or exchanges made during the Term of Work Order may require agreement in writing. Page 30 0I91 Unified Enterprise Support Services Description • Billing Consolidation: Unless otherwise noted, a single invoice will be issued for the amount due, inclusive of all Services for all Support Locations indicated on your Work Order. Taxes will be based on an assessment of the Microsoft Signatory and your Host Location. The Customer shall be solely responsible for any additional taxes due. • Exceptions to Billing Consolidation: Services purchased for delivery in the Republic of India, the People's Republic of China, the Republic of China (Taiwan), the Republic of China (Hong Kong), the Republic of Korea, Japan, New Zealand, Macau and Australia (all Exception Countries) must each have a separate Work Order listing the Services to be delivered in that Support Location. Services will be invoiced to the respective Support Location and will include any applicable local tax. 2.5 Additional terms and conditions Microsoft Unified Support services are delivered based on the following prerequisites and assumptions. Base Package reactive services are provided remotely to the location(s) of your designated support contacts. All other services are provided remotely to your location(s) designated or listed on your Work Order, unless otherwise set forth in writing. Base Package reactive services are provided in English and, where available, may be provided in your spoken language. All other services are provided in the spoken language of the Microsoft services location providing services, or in English, unless otherwise agreed to in writing. We provide support for all versions of commercially released, generally available Microsoft software and Online Services products that you have purchased based on the declared licensing enrollments and agreements and/or billing account ID in Appendix A of your Work Order and are identified on the Product Terms, published by Microsoft from time to time at http:Hmicrosoft.com/licensing/contracts (or at a successor site that Microsoft identifies), unless otherwise set forth in a Work Order, an Exhibit to this Unified Enterprise Support Services Description, or specifically excluded on your online support portal at http:Hserviceshu b.microsoft.com. • Support for pre-release and beta products is not provided, except as otherwise noted in an attached exhibit. • All services, including any additional services purchased as part of and during the Term of a Support Work Order, are forfeited if not utilized during the Term of the applicable Work Order. • Scheduling of services is dependent upon the availability of resources and workshops may be subject to cancellation if minimum registration levels are not met. • We can access your system via remote connection to analyze problems at your request. Our personnel will access only those systems authorized by you. To utilize remote connection assistance, you must provide us with the appropriate access and necessary equipment. • Some services may require us to store, process, and access your customer data. When we do so, we use Microsoft -approved technologies which comply with our data protection policies and processes. If you request that we use technologies not approved by Microsoft, you understand and agree that you are solely responsible for the integrity and security of your customer data and that Microsoft assumes no liability in connection with the use of non - Microsoft -approved technologies. Page 31 021 Unified Enterprise Support Services Description • If you request cancellation of a previously scheduled service, Microsoft may choose to deduct a cancellation fee of up to 100 percent of the price of the service; if the cancellation or rescheduling was done with less than 14 days' notice prior to the first day of delivery. • When purchasing additional services, we may require the inclusion of service delivery management to facilitate delivery. • If you ordered one type of service and wish to exchange it for another type of service, you may apply equivalent value to an alternative service where available and agreed with your service delivery resource. • Not all additional services may be available in your country. Please contact your service delivery resource for details. • You agree that the only non -Microsoft code to which you provide us access to is code that you own. • The services may include Services Deliverables, advice and guidance related to code owned by you or by Microsoft, or the direct provision of other support services. • When providing Reactive services, Microsoft does not provide code of any kind, other than sample code. • Customer will assume all responsibility for, and risks associated with, implementing and maintaining any code provided in the performance of support services. • There may be minimum platform requirements for the services purchased. • Services may not be delivered through to your customers. • Where onsite visits are mutually agreed upon and not pre -paid, we will bill you for reasonable travel and living expenses. • GitHub Support Services are provided by GitHub, Inc., a wholly owned subsidiary of Microsoft Corporation. Notwithstanding anything to the contrary in your Work Order, the GitHub Privacy Statement available at https://aka.ms/github_privacy and the GitHub Data Protection Addendum and Security Exhibit located at https://aka.ms/github_dpa will apply to your procurement of GitHub Support Services. • Additional prerequisites and assumption may be set forth in relevant Exhibits. 2.6 Your responsibilities Optimizing the benefits of your Microsoft Unified Support services is contingent upon you fulfilling the following responsibilities, in addition to those set forth in any applicable exhibits. Failure to comply with the following responsibilities may result in delays of service: • You will designate a named support services administrator who is responsible for leading your team and managing all of your support activities and internal processes for submitting support incidents requests to us. • If you purchase Multi -country Support Services, you will be required to designate a named support services administrator for your Host Support Location who is responsible for leading your local team and managing all your local support activities and internal processes for submitting support incident requests to us. And you may be required to designate a named support services administrator in other Support Locations. Page 32 ON Unified Enterprise Support Services Description • You can designate named reactive support contacts, as needed, who are responsible for creating support requests through the Microsoft support website or by phone. Cloud administrators for your cloud -based services may also submit cloud support requests through the applicable support portals. • For online services support requests, Cloud administrators, for your cloud -based services, must submit support requests through the applicable online service support portal. • When submitting a service request, your reactive support contacts should have a basic understanding of the problem you are encountering and an ability to reproduce the problem in order to assist Microsoft in diagnosing and triaging the problem. These contacts should also be knowledgeable about the supported Microsoft products and your Microsoft environment to help resolve system issues and to assist Microsoft in analyzing and resolving service requests. • When submitting a service request, your reactive support contacts may be required to perform problem determination and resolution activities, as requested by us. These may include performing network traces, capturing error messages, collecting configuration information, changing product configurations, installing new versions of software or new components, or modifying processes. • You agree to work with us to plan for the utilization of services, based upon the services you purchased. • You agree to notify us of any changes to the named contacts designated in your Work Order. • You are responsible for backing up your data and for reconstructing lost or altered files resulting from catastrophic failures. You are also responsible for implementing the procedures necessary to safeguard the integrity and security of your software and data. • You agree, where possible, to respond to customer satisfaction surveys that we may provide from time to time regarding the services. • You are responsible for any travel and expenses incurred by your employees or contractors. • You may be asked by your service delivery resource to fulfill other responsibilities specific to the service you purchased. • When using cloud services as part of this support, you must either purchase or have an existing subscription or data plan for the applicable online service. • You agree to submit requests for Proactive services and enhanced services and solutions, along with any necessary or applicable data, no later than 60 days prior to the expiration date of the applicable Work Order. • You agree to provide our service delivery team required to be onsite with reasonable telephone and high-speed Internet access and access to your internal systems and diagnostic tools, as applicable. Page 33 019] Unified Enterprise Support Services Description © 2023 Microsoft Corporation. All rights reserved. Any use or distribution of these materials without express authorization of Microsoft Corp. is strictly prohibited. Microsoft and Windows are either registered trademarks of Microsoft Corporation in the United States and/or other countries. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. Page 34 OL! Microsoft Microsoft Enterprise Services Work Order Work Order Number 6CAN231-418533-526566 (Microsoft Affiliate to complete) This Work Order consists of the terms and conditions below, and the provisions of the Microsoft Business and Services Agreement reference U8753202, effective as of 2013-05-01 (the "Agreement"), the provisions of the Unified Enterprise Support Services Description applicable to the Professional Services identified in this Work Order, and any attachments or exhibits referenced in this Work Order, all of which are incorporated herein by this reference. In this Work Order "Customer," "you," or "your" means the undersigned customer or its affiliate and "Microsoft", "we," "us," or "our" means the undersigned Microsoft affiliate. By signing below the parties acknowledge and agree to be bound to the terms of this Work Order, the Agreement and all other provisions incorporated in them. This Work Order is effective as of the date that Microsoft signs this Work Order. Regardless of any terms and conditions contained in a purchase order, if any, the terms of this Work Order apply. MicrosoftCustomer Name of Customer (please print) Name The City of Saint John Microsoft Canada Inc Signature Signature Name of person Name of person signing signing (please print) (please print) Title of person Title of person signing signing (please print) (please print) Signature date Signature date Signature Name of person signing (please print) Title of person signing (please print) Signature date(effectivedate) EnterpriseServicesWorkOrderv9.0(Canada)(ENG)(Jul2022) [CP] Page 1 of 10 OR Name of Customer or its Affiliate that executed the Agreement (if different from Customer above) Does Customer issue or require a Customer purchase order for the payment of Microsoft Services? [ ] Yes or [ ] No If "No" is selected above, Customer represents and warrants that it does not require purchase order(s) be submitted to Microsoft for payment of the Microsoft Services Fees listed herein. Customer will not withhold payment of Microsoft's invoice due to the absence of a purchase order reference. If no purchase order is required, Customer must complete "Customer invoice information" below and ensure it is accurate or revised in a timely manner. Further, the below "Customer invoice information" must be completed prior to: (a) Customer signing this Work Order; and (b) Microsoft invoicing Customer. Customer invoice information 1007 m Name of Customer Contact Name (Receives invoices under this Work Order) The City of Saint John Accounts Payable Street Address Contact E-Mail Address 15 Market Square accounts a able@saintohn.ca City State/Province Phone SAINT JOHN New Brunswick 506-658-2951 Country Postal Code Fax Canada E2L 41_1 1. Support Services and Fees. 1.1. Term. Microsoft Enterprise Support Services will commence on 2023-03-30 (the "Support Commencement Date") and will expire on 2026-03-29 (the "Support Expiration Date"). 1.2. Description of the Services. Please refer to the current Unified Support Services Description ("USSD") which will be incorporated by reference and is published by Microsoft from time to time at www.microsoft.com/unified-support-services-description. Microsoft may update the support EnterpriseServicesWorkOrderv9.0(Canada)(ENG)(Jul2022) [CP] Page 2 of 10 services you purchase under this agreement from time to time, provided that the level of support services you purchase will not materially decrease during the current Term. Services by Support Location Unified Enterprise • Suppo023-2024.•. 1 1 1 1 1 • Type Included Enterprise Advisory Support Hours As -needed Advisory Services Included Enterprise Azure Problem Resolution Hours As- needed Problem Resolution Support Included Enterprise On -demand Assessment On -Demand Assessment Included Enterprise On -Demand Assessment - Setup and Config Service As -needed On -Demand Assessment Remote Included Enterprise On -Demand Education On -Demand Education Included Enterprise Online Support Portal Administrative Included Enterprise Problem Resolution Hours As -needed Problem Resolution Support Included Enterprise Reactive Support Management Service Delivery Management Included Enterprise Service Delivery Management Service Delivery Management Included Enterprise Webcasts As -Needed Webcast Included Reactive Enabled Contacts Problem Resolution Support Unified Proactive • • o`77nified Proactive EnferpCise-2023- 1=q Canada24 1 1 1 1 1:: • Quantity Service Service Type Included Service Delivery Management Extended Service Delivery Management 1 ea Onboarding Accelerator - Implementing Modern Onboarding Services Device Management Premium 100 ea Proactive Credits Proactive Credits 1 ea WorkshopPLUS - Office 365: Content Search and WorkshopPLUS eDiscovery Case Management 1 Day - Closed Workshop EnterpriseServicesWorkOrderv9.0(Canada)(ENG)(Jul2022) [CP] Page 3 of 10 0tl Included Enterprise On -Demand Assessment - Setup and Config Service As -needed On -Demand Assessment Remote Included Enterprise On -Demand Education On -Demand Education Included Enterprise Online Support Portal Administrative Included Enterprise Problem Resolution Hours As -needed Problem Resolution Support Included Enterprise Reactive Support Management Service Delivery Management Included Enterprise Service Delivery Management Service Delivery Management Included Enterprise Webcasts As -Needed Webcast Included Reactive Enabled Contacts Problem Resolution Support Unified Proactive Services Add on I Unified Proactive Svcs Enterprise-2024- CanadaY2 • Ouantity Servicer ®- Included Service Delivery Management Extended Service Delivery Management 1 ea Activate Exchange Online Protection Proof of Concept 1 ea Activate Microsoft Defender for Office 365 Proof of Concept 150 ea Proactive Credits Proactive Credits -. - . ... • Included Enterprise Advisory Support Hours As -needed Advisory Services Included Enterprise Azure Problem Resolution Hours As- needed Problem Resolution Support Included Enterprise On -demand Assessment On -Demand Assessment Included Enterprise On -Demand Assessment - Setup and Config Service As -needed On -Demand Assessment Remote Included Enterprise On -Demand Education On -Demand Education Included Enterprise Online Support Portal Administrative Included Enterprise Problem Resolution Hours As -needed Problem Resolution Support Included Enterprise Reactive Support Management Service Delivery Management Included Enterprise Service Delivery Management Service Delivery Management Included Enterprise Webcasts As -Needed Webcast Included Reactive Enabled Contacts Problem Resolution Support EnterpriseServicesWorkOrderv9.0(Canada)(ENG)(Jul2022) [CP] Page 4 of 10 Unified Proactive • • on -• Proactive - • 1 • Canada 1 1 1 161 • ® r, Included Service Delivery Management Extended Service Delivery Management 1 ea Custom Proactive Remote 5 Custom Proactive - Maintain 150 ea Proactive Credits Proactive Credits 1.3. Support Services Fees. The items listed in the table above represent the services that Customer has purchased for use during the term of this Work Order, and applicable fees are shown in the table below. Microsoft Support Services are a non-refundable and prepaid at year one and subsequent anniversaries of the Support Commencement Date. Before Microsoft commences provision of Microsoft Support Services, Microsoft must receive a signed copy of this Work Order and Customer's payment, purchase order or, if applicable, completed Customer invoice information above. Microsoft will invoice Customer, and Customer agrees to pay Microsoft within 30 calendar days of the date of Microsoft invoice. Microsoft reserves the right to adjust Microsoft fees in connection with implementing any changes requested by Customer to the Microsoft Support Services ordered herein. Any modified fees will be documented in an amendment. Year 1 Year 2 Year 3 Services Summary 3/30/2023 - 3/30/2024 - 3/30/2025 - Total 3/29/2024 3/29/2025 3/29/2026 Appraised Product Spend $236,569.00 $236,569.00 $236,569.00 $709,707.00 Unified Enterprise SupportThe $60,575.00 $60,575.00 $60,575.00 $181,725.00 City of Saint John Microsoft Flex Allowance ($31,898.75) ($31,898.75) ($31,898.75) ($95,696.25) Subtotal : Unified Support Service $28,676.25 $28,676.25 $28,676.25 $86,028.75 Fees Unified Proactive Services Add on I Unified Proactive Svcs $56,100.00 $49,595.64 $45,634.55 $151,330.19 Enterprise Subtotal : Add-Ons $56,100.00 $49,595.64 $45,634.55 $151,330.19 Microsoft One -Time Investment ($13,252.00) ($5,863.00) ($278.00) ($19,393.00) SAB Retirement Concession ($7,662.08) ($7,662.08) ($7,662.08) ($22,986.24) EnterpriseServicesWorkOrderv9.0(Canada)(ENG)(Jul2022) [CP] Page 5 of 10 061 Total Fees (excluding taxes) $63,862.17 $64,746.81 $66,370.72 $194,979.70 *The Microsoft Support Services fees described above are based on a tiered rate structure along with the total amount paid to Microsoft each year for Customer's validly licensed, commercially released and generally available Microsoft products, and cloud services subscriptions as identified in Appendix A of this Work Order (collectively, the "Appraised Product Spend") to calculate Customer's Microsoft Support Services fees for the 2023-2026 Support Term. Prior to each contract anniversary, Customer's Appraised Product Spend will be re -calculated. If Customer's Actual Product Spend increases by more than five percent (5%) above the Appraised Product Spend shown for that year in the table above, Microsoft will recalculate the associated Unified Support Services fees. The recalculated Services fees will be based on the Actual Product Spend and the Unified Support rates listed below. Microsoft will invoice the customer for the difference between the re -calculated price and the original scheduled Unified Support Services Fees sub -total from the table above. Customer agrees to pay Microsoft such additional amounts within 30 calendar days of the date of Microsoft's invoice. Microsoft Unified Support — Rate Table Unified Enterprise package Server User Azure Year 2 Rate % 0.00% 9.50% 12.00% Year 3 Rate % 0.00% 0.00% 0.00% Year 1 2023-03-30 $63,862.17 Year 2 2024-03-30 $64,746.81 Year 3 2025-03-30 $66,370.72 Total Fees (excluding taxes) $194,979.70 3.1. Support for Microsoft Products Microsoft will provide support for Customer's licensed, commercially released, and generally available Microsoft products, and cloud services subscriptions purchased by Customer or Customer's Affiliate: i) under the licensing enrollments and agreements, as indicated in Appendix A; and ii) during the Term of this Work Order. Such products and subscriptions exclude those purchased by any party that is not Customer's Affiliate as of the Support Commencement Date. EnterpriseServicesWorkOrderv9.0(Canada)(ENG)(Jul2022) [CP] Page 6 of 10 3.2.Customer Named Contact(s). Any changes to the named contacts should be submitted to Microsoft Contact. Name of Customer Support Service Administrator Sarah Ranson Street Address Contact E-Mail Address 15 Market Square sarah.ranson@saint'ohn.ca City State/Province Phone SAINT JOHN New Brunswick 506-721-0496 Country Postal Code Fax Canada E2L 4L1 4. Use, ownership, restrictions and rights. 4.1. Products. "Product" means all products identified in the Product Terms, such as all Software, Online Services and other web -based services, including pre-release or beta versions. Product availability may vary by region. "Product Terms" means the information about Microsoft Products and Professional Services available through volume licensing. The Product Terms are published on the Volume Licensing Site and is updated from time to time. "Volume Licensing Site" means http://www.microsoft.com/licensing/contracts or a successor site. All products and related solutions provided under this Work Order will be licensed according to the terms of the license agreement packaged with or otherwise applicable to such product. Customer is responsible for paying any licensing fees associated with Products. 4.2. Fixes. "Fixes" means Product fixes, modifications, enhancements, or their derivatives, that Microsoft either releases generally (such as service packs), or that Microsoft provides to Customer when performing Professional Services (all support, planning, consulting and other professional services or advice, including any resulting deliverables provided to Customer under this Work Order, to address a specific issue. "Professional Services" means Product support services and Microsoft consulting services provided to Customer under this Work Order. "Professional Services" or "services' does not include Online Services, unless specifically noted. EnterpriseServicesWorkOrderv9.0(Canada)(ENG)(Jul2022) [CP] Page 7 of 10 `to]I Fixes are licensed according to the license terms applicable to the Product to which those Fixes relate. If the Fixes are not provided for a specific Product, any other use terms Microsoft provides with the Fixes will apply. 4.3. Pre-existing Work. "Pre-existing Work" means any computer code or other written materials developed or otherwise obtained independent of this Work Order. All rights in Pre-existing Work shall remain the sole property of the party providing the Pre- existing Work. Each party may use, reproduce and modify the other party's Pre-existing Work only as needed to perform obligations related to Professional Services. 4.4. Services Deliverables. "Services Deliverables" means any computer code or materials, other than Products or Fixes that Microsoft leaves with Customer at the conclusion of Microsoft's performance of Professional Services. Upon payment in full for the Professional Services, Microsoft grants Customer a non- exclusive, non -transferable perpetual, fully paid -up license to reproduce, use and modify the Services Deliverable, solely in the form delivered to Customer and solely for Customer's internal business purposes, subject to the terms and conditions of this Work Order. 4.5. Non -Microsoft software and technology. Customer is solely responsible for any non -Microsoft software or technology that it installs or uses with the Products, Fixes, or Services Deliverables. If the customer is a government entity, the crown copyright in section 12 of the Copyright Act shall not apply in respect of any non -code Services Deliverables. Customer will execute or arrange for the execution of all documents and provide all reasonable assistance to give full effect to the foregoing sentence. 4.6.Affiliates' rights "Affiliate" means any legal entity that controls, is controlled by, or that is under common control with a party. "Control" means ownership of more than a 50% interest of voting securities in an entity or the power to direct the management and policies of an entity. Customer may sublicense the rights contained in this section relating to Services Deliverables to its Affiliates, but Customer's Affiliates may not sublicense these rights and Customer's Affiliates' use must be consistent with the license terms contained in this Work Order. 4.7. Restrictions on use. Customer must not (and is not licensed to) (1) reverse engineer, decompile or disassemble any Product, Fix, or Services Deliverable; (2) install or use non -Microsoft software or technology in any way that would subject Microsoft's intellectual property or technology to any other license terms; or (3) work around any technical limitations in a Product, Fix or Services Deliverable or restrictions in Product documentation. Except as expressly permitted in this Work Order or Product EnterpriseServicesWorkOrderv9.0(Canada)(ENG)(Jul2022) [CP] Page 8 of 10 KIN documentation, Customer must not (and is not licensed to) (1) separate and run parts of a Product or Fix on more than one device, upgrade or downgrade parts of a Product or Fix at different times, or transfer parts of a Product or Fix separately; or (2) distribute, sublicense, rent, lease, lend any Products, Fixes, or Services Deliverables, in whole or in part, or use them to offer hosting services to a third party. 4.8. Reservation of rights. Products, Fixes, and Services Deliverables are protected by copyright and other intellectual property rights laws and international treaties. Microsoft reserves all rights not expressly granted in this agreement. No rights will be granted or implied by waiver or estoppel. Rights to access or use Software on a device do not give Customer any right to implement Microsoft patents or other Microsoft intellectual property in the device itself or in any other software or devices. 5. Microsoft Professional Services Data Protection Addendum and Confidentiality. "Professional Services Data" means all data, including all text, sound, video, image files, or software, that are provided to Microsoft by, or on behalf of, Customer (or that Customer authorizes Microsoft to obtain from an Online Service) or otherwise obtained or processed by or on behalf of Microsoft through an engagement with Microsoft to obtain Professional Services. The data protection terms applying to Professional Services in effect on the effective date of this Work Order and available at https:Haka.ms/eswodpa are incorporated herein by this reference. For liability arising out of either party's confidentiality obligations relating to Professional Services Data provided under this Work Order, each party's maximum, aggregate liability to the other is limited to direct damages finally awarded in an amount not to exceed the amounts Customer paid for the applicable Professional Services under this Work Order. 6. Microsoft Contact Customer contact for questions and notices about this Work Order. Microsoft Contact Name Jaspreet Girn Contact E-Mail Address jagirn@microsoft.com EnterpriseServicesWorkOrderv9.0(Canada)(ENG)(Jul2022) [CP] Page 9 of 10 WIN Appendix A As of the Support Commencement Date, below is a list of your declared licensing enrollments and agreements for which Microsoft will provide support services as defined within this Work Order. EnterpriseServicesWorkOrderv9.0(Canada)(ENG)(Jul2022) [CP] Page 10 of 10 COUNCIL REPORT M&C No. 2023-64 Report Date March 13, 2023 Meeting Date March 20, 2023 Service Area Utilities and Infrastructure Services Her Worship Mayor Donna Noade Reardon and Members of Council SUBJECT: Public Information Session: Rockland Road — Burpee Avenue - Water, Sanitary and Storm Sewer Renewal and Street Reconstruction AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Holly Young Ian Fogan/Michael Baker I Brent McGovern RECOMMENDATION It is recommended that this report be received and filed. EXECUTIVE SUMMARY The purpose of this report is to inform Council of the Public Information Sessions that will be held in relation to the Rockland Road — Burpee Avenue - Water, Sanitary and Storm Sewer Renewal and Street Reconstruction project. PREVIOUS RESOLUTIONS May 30, 2022: M&C 2022-191 — Utility Fund (Revision 1) and General Fund (Revision 11) — 2022 Capital Programs approved. November 28, 2022: M&C 2022-346 — Contract No. 2022-09: Rockland Road and Burpee Avenue — Water, Sanitary and Storm Sewer Renewal and Street Reconstruction awarded. REPORT The approved 2022 and 2023 Water & Sewerage Utility Fund and General Fund Capital Programs include projects for the design and construction of water, sanitary and storm sewer renewal and street reconstruction on Rockland Road and Burpee Avenue. The Tender for Rockland Road — Burpee Avenue has closed and the Contract was awarded to Galbraith Construction Ltd. at the `Wee -2- November 28, 2022 Council Meeting. Construction is expected to begin in early May 2023 and continue until September 2023. In addition to the adjacent highway, this project will have an impact on the local area during construction. It is for these reasons that staff have decided to hold Public Information Sessions to allow local residents and businesses an opportunity to view the project drawings, ask questions and give their feedback. The following Public Information Sessions will be held: Rockland Road — Burpee Avenue Thursday, March 23, 2023 2 — 4 pm and 6 — 8 pm Chateau Saint John Hotel & Suites - 369 Rockland Road This report is being provided for the information of Council and to extend an invitation to any Councillors who may wish to attend the Public Information Sessions. The Public Information Sessions will be advertised, and a copy of the attached notice will be delivered door to door in the project area. STRATEGIC ALIGNMENT This report aligns with Council's Priorities for GROW, MOVE, GREEN AND PERFORM as the project includes reconstructing a City street that is currently in poor condition while leveraging Other Share funding. SERVICEAND FINANCIAL OUTCOMES The municipal infrastructure on this street is in poor condition and requires replacement. The renewal of the water and sewer infrastructure will reduce the likelihood of future service disruptions to the local businesses and residents. The storm water and sanitary sewer flows will be separated on Rockland Road and Burpee Avenue, pedestrians will be able to walk on the new concrete sidewalks rather than deteriorated asphalt surfaces, the asphalt road resurface will be new, and grass medians added where possible. The approved 2022 and 2023 Water & Sewerage Utility Fund and General Fund Capital Programs include funding for the design and construction of the project. Funding for each project will come from the Canada Community — Building Fund. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS N/A ATTACHMENTS Rockland Road-Burpee Avenue Public Information Session Notice `[9Z:1 PUBLIC INFORMATION SESSION 2022-09 ROCKLAND ROAD AND BURPEE AVENUE WATER, SANITARY AND STORM SEWER RENEWAL AND STREET RECONSTRUCTION The City of Saint John will be undertaking the renewal of a watermain and sanitary sewer and storm sewer installation and street reconstruction in the above noted area. The purpose of this project is to provide upgraded infrastructure that is nearing the end of its useful life. The construction activities will include: • Rockland Road (Paradise Row to Parks Street) - Renewal of the watermain and sanitary sewer, installation of a storm sewer for separation, and a street reconstruction. • Burpee Avenue (Rockland Road to Civic #99) — Renewal of the watermain and installation of a storm sewer for separation. • There will be traffic disruptions during the project; however, construction crews and associated traffic controls will be present. As much as possible, local traffic will be permitted. This project is part of the City's on -going commitment to continually improve its infrastructure and is included in approved City of Saint John Water & Sewerage Utility Fund and General Fund Capital Programs. The project is anticipated to begin in late -April 2023 and is expected to be completed by September 2023. Representatives from the City of Saint John and the project design team, CBCL Limited, will be available to answer questions related to the project. The public is invited to drop in anytime during the following periods to attend an information session for this project: Date: Thursday, March 23, 2023 Place: Chateau Saint John Hotel & Suites, 369 Rockland Road Time: 2:00 pm — 4:00 pm and 6:00 pm — 8:00 pm For further information about this project, contact the City's Consultant, CBCL Limited, at (506) 633-6650 or The City of Saint John at (506) 658-4455. ii19YA SESSION D'INFORMATION PUBLIQUE 2022-09 CHEMIN ROCKLAND ET AVENUE BURPEE LE RENOUVELLEMENT DES EGOUTS SANITAIRES ET PLUVIAUX; RECONSTRUCTION DES RUES The City of Saint John entreprendra le renouvellement d'une installation de conduites d'eau principales, d'egouts sanitaires et d'egouts pluviaux et la reconstruction de rues dans le secteur susmentionne. L'objectif de ce projet est de fournir une infrastructure amelioree qui approche de la fin de sa vie utile. Les activites de construction comprendront: Chemin Rockland (rang Paradise a la rue Parks) - Renouvellement de la conduite d'eau principale et de 1'egout sanitaire, installation d'un egout pluvial pour la separation et reconstruction d'une rue. 2. Avenue Burpee (du chemin Rockland a la route Civic no 99) — Renouvellement de la conduite d'eau principale et installation d'un egout pluvial pour la separation. 3. II y aura des interruptions de traffique pendant le projet; toutefois, les equipes de construction et des controles pour la circulation seront presents. Dans la mesure du possible, le trafic local sera permis. Ce projet s'inscrit dans le cadre de 1'engagement continu de la Ville a ameliorer continuellement son infrastructure et est inclus dans les programmes d'immobilisations approuves du Fonds des services publics d'aqueduc et d'egout et du Fonds general de la Ville de Saint John. Le projet devrait commencer fin-avril 2023 et se terminer d'ici septembre 2023. Des representants de The City of Saint John et de 1'equipe de conception du projet, CBCL Ltd., seront disponibles pour repondre aux questions liees au projet. Le public est invite a se presenter en tout temps pendant les periodes suivantes pour assister a une seance d'information sur ce projet : Date : Jeudi 23 mars 2023 Lieu: le Chateau Saint John Hotel & Suites, 369 chemin Rockland Heure: 141100 — 161100 et 181100 — 201100 Pour de plus amples renseignements sur ce projet, communiquez avec le consultant de la Ville, CBCL Limited, au (506) 633-6650 ou The City of Saint John au (506) 658-4455. W91-13 COUNCIL REPORT M&C No. 2023-65 Report Date March 13, 2023 Meeting Date March 20, 2023 Service Area Utilities and Infrastructure Services Her Worship Mayor Donna Noade Reardon and Members of Council SUBJECT: Public Information Session: Peters Street (Waterloo Street to Coburg Street) - Water, Sanitary and Storm Sewer Renewal and Street Reconstruction AUTHORIZATION Primary Author Commissioner/Dept. Head Chief Administrative Officer Holly Young Ian Fogan/Michael Baker Brent McGovern RECOMMENDATION It is recommended that this report be received and filed. EXECUTIVE SUMMARY The purpose of this report is to inform Council of the Public Information Sessions that will be held in relation to the Peters Street (Waterloo Street to Coburg Street) - Water, Sanitary and Storm Sewer Renewal and Street Reconstruction project. PREVIOUS RESOLUTIONS May 30, 2022: M&C 2022-191 — Utility Fund (Revision 1) and General Fund (Revision 11) — 2022 Capital Programs approved. November 28, 2022: M&C 2022-337 — Contract No. 2022-11: Peters Street — Water, Sanitary and Storm Sewer Renewal and Street Reconstruction awarded. REPORT The 2022 approved Water & Sewerage Utility Fund and General Fund Capital Programs include projects for the design and construction of water, sanitary and storm sewer renewal and street reconstruction on Peters Street (Waterloo Street to Coburg Street). The Tender for Peters Street has closed and the `tole.] -2- Contract was awarded to TerraEx Inc. at the November 28, 2022 Council Meeting. Construction is expected to begin mid -April 2023 and continue until September 2023. This project will have an impact on the local area during construction. It is for these reasons that staff have decided to hold Public Information Sessions to allow local residents and businesses an opportunity to view the project drawings, ask questions and give their feedback. The following Public Information Sessions will be held: Peters Street Wednesday, March 22, 2023 2 - 4 pm and 6 - 8 pm Saint John Arts Centre - 20 Peel Plaza This report is being provided for the information of Council and to extend an invitation to any Councillors who may wish to attend the Public Information Sessions. The Public Information Sessions will be advertised, and a copy of the attached notice will be delivered door to door in the project area. STRATEGIC ALIGNMENT This report aligns with Council's Priorities for GROW, MOVE, GREEN AND PERFORM as the project includes reconstructing a City street that is currently in poor condition while leveraging Other Share funding. SERVICEAND FINANCIAL OUTCOMES The municipal infrastructure on this street is in poor condition and requires replacement. The renewal of the water and sewer infrastructure will reduce the likelihood of future service disruptions to the local businesses and residents. The storm water and sanitary sewer flows will be separated on Peters Street, pedestrians will be able to walk on the new concrete sidewalks rather than deteriorated asphalt surfaces, the asphalt road resurface will be new, and grass medians added where possible. The approved 2022 Water & Sewerage Utility Fund and General Fund Capital Programs include funding for the design and construction of the project. Other Share funding for the project will come from the Integrated Bilateral Fund. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS N/A ATTACHMENTS lis[( -3- Peters Street (Waterloo Street to Coburg Street) Public Information Session Notice 111 PUBLIC INFORMATION SESSION 2022-11 PETERS STREET (WATERLOO STREET — COBURG STREET) WATER, SANITARY AND STORM SEWER RENEWAL AND STREET RECONSTRUCTION The City of Saint John will be undertaking the renewal of a watermain and sanitary sewer and storm sewer installation and street reconstruction in the above noted area. The purpose of this project is to provide upgraded infrastructure that is nearing the end of its useful life. The construction activities will include: Peters Street (Waterloo Street to Coburg Street) - Renewal of the watermain and sanitary sewer, installation of a storm sewer for separation, and a street reconstruction. There will be traffic disruptions during the project; however, construction crews and associated traffic controls will be present. As much as possible, local traffic will be permitted. This project is part of the City's on -going commitment to continually improve its infrastructure and is included in approved City of Saint John Water & Sewerage Utility Fund and General Fund Capital Programs. The project is anticipated to begin in mid -April 2023 and is expected to be completed by September 2023. Representatives from the City of Saint John and the project design team, EXP Services Inc., will be available to answer questions related to the project. The public is invited to drop in anytime during the following periods to attend an information session for this project: Date: Wednesday, March 22, 2023 Place: Saint John Arts Centre — 20 Peel Plaza Time: 2:00 pm — 4:00 pm and 6:00 pm — 8:00 pm For further information about this project, contact the City's Consultant, EXP Services Inc., at (506) 646-8020 or the City of Saint John at (506) 658-4455. MN SESSION D'INFORMATION PUBLIQUE 2022-11 RUE PETERS (RUE WATERLOO A RUE COBURG) RENOUVELLEMENT DES RESEAUX D'EAU, D'EGOUTS SANITAIRES ET D'EGOUTS PLUVIAUX ET RECONSTRUCTION DE LA RUE The City of Saint John entreprendra le renouvellement des reseaux d'eau, d'egouts sanitaires et d'egouts pluviaux ainsi que la reconstruction de la rue dans la zone susmentionnee. L'objectif de ce projet est de moderniser les infrastructures qui arrivent a la fin de leur vie. Les activites de construction comprendront: • Rue Peters (Rue Waterloo a Rue Coburg) — Renouvellement des conduites d'eau, des egouts sanitaires, des egouts pluviaux et reconstruction de la rue. • La circulation sera perturbee pendant le projet; toutefois, des equipes de construction et des controles de circulation seront presents. Dans la mesure du possible, la circulation locale sera permise. Ce projet s'inscrit dans le cadre de 1'engagement permanent de la ville a ameliorer continuellement son infrastructure et est inclus dans Ies programmes d'investissement capitaux pour Ies services d'eau et d'egouts, ainsi que dans Ies fonds generaux approuves par la ville de Saint Jean. Le projet devrait debuter a la mi-avril 2023 et s'achever en septembre 2023. Des representants de The City of Saint John et de I'equipe de conception du projet, EXP Services Inc. seront disponibles pour repondre a vos questions relatives au projet. Le public est invite a venir assister a une seance d'information sur ce projet a tout moment pendant Ies periodes suivantes: Date: Mercredi le 22 mars, 2023 Lieu: Centre des Arts de Saint Jean — 20 Peel Plaza Heure: 141100 — 161100 et 181100 — 201100 Pour obtenir de plus amples renseignements sur ce projet, veuillez communiquer avec le consultant de la ville, EXP Services Inc., au (506) 646-8020 ou avec The City of Saint John au (506) 658-4455. `M191 COUNCIL REPORT M&C No. 2023-069 Report Date March 13, 2023 Meeting Date March 20, 2023 Service Area Utilities and Infrastructure Services Her Worship Mayor Donna Noade Reardon and Members of Council SUBJECT: Public Information Session: Pitt Street and Britain Street — Water, Sanitary and Storm Sewer Renewal and Street Reconstruction AUTHORIZATION Primary Author Commissioner/Dept. Head Chief Administrative Officer Kevin O'Brien Ian Fogan/Michael Baker Brent McGovern RECOMMENDATION It is recommended that this report be received and filed. EXECUTIVE SUMMARY The purpose of this report is to inform Council of the Public Information Sessions that will be held in relation to the Pitt Street (St. James Street to Broad Street) and Britain Street (Pitt Street to Wentworth Street) - Water, Sanitary and Storm Sewer Renewal and Street Reconstruction project. PREVIOUS RESOLUTIONS May 30, 2022: M&C 2022-191 — Utility Fund (Revision 1) and General Fund (Revision 11) — 2022 Capital Programs, approved. November 28, 2022: M&C 2022-348 — Contract 2022-03: Pitt Street (St. James Street to Broad Street) and Britain Street (Pitt Street to Wentworth Street) — Water, Sanitary and Storm Sewer Renewal and Street Reconstruction - awarded. REPORT The approved 2022 Water & Sewerage Utility Fund and General Fund Capital Programs includes projects for the design and construction of water, sanitary and storm sewer renewal and street reconstruction on Pitt Street from St. ` E111 -2- James Street to Broad Street and on Britain Street from Pitt Street to Wentworth Street. The tender for Pitt Street and Britain Street project has closed and the contract was awarded to Fairville Construction Ltd. at the November 28, 2022 Council meeting. Construction is expected to begin in mid -April 2023 and continue until October 2023. This is a major project that will impact the local area during construction. It is for these reasons that staff have decided to hold Public Information Sessions to allow local residents and businesses an opportunity to view the project drawings, ask questions and give their feedback. The following Public Information Sessions will be held: Pitt Street and Britain Street Wednesday, March 29, 2023 2 — 4 pm and 6 — 8 pm Saint John Vineyard 204 Carmarthen Street This report is being provided for the information of Council and to extend an invitation to any Councillors who may wish to attend the Public Information Sessions. The Public Information Sessions will be advertised on the City's website, and a copy of the attached notice will be delivered door to door in the project area. STRATEGIC ALIGNMENT This report aligns with Council's priorities for GROW, MOVE, GREEN AND PERFORM as the project includes reconstructing sections of two city streets that are currently in poor condition while leveraging Other Share funding. The work also involves the installation of new storm sewers which will allow full separation of sanitary sewer and storm sewer flows. SERVICEAND FINANCIAL OUTCOMES The municipal infrastructure on these sections of two streets is in poor condition and requires replacement. The renewal of the water and sewer infrastructure will reduce the likelihood of future service disruptions to the local businesses and residents. The storm water and sanitary sewer flows will be separated on these sections of Pitt Street and Britain Street. This project also provides the opportunity to improve the streetscape with the installation of grass medians and street trees. `sM -3- The approved 2022 Water & Sewerage Utility Fund and General Fund Capital Programs include funding for the design and construction of the projects. These projects are partially funded by the Integrated Bilateral Funding program. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS N/A ATTACHMENTS Pitt Street and Britain Street Public Information Session Notice `sr-1 PUBLIC INFORMATION SESSION CONTRACT 2022-03 PITT STREET (ST. JAMES STREET TO BROAD STREET) AND BRITAIN STREET (PITT STREET TO WENTWORTH STREET) - WATER, SANITARY AND STORM SEWER RENEWAL AND STREET RECONSTRUCTION The City of Saint John will be installing new infrastructure on Pitt Street from St. James Street to Broad Street and on Britain Street from Pitt Street to Wentworth Street. The existing watermains and sanitary sewers will be renewed, new storm sewers will be installed and existing services to each building up to the property lines will be renewed. New concrete curb and sidewalk will be installed, and full street reconstruction will be undertaken, including the addition of grass medians and trees. This project is part of the City's on -going commitment to continually improve its infrastructure and is included in approved City of Saint John Water & Sewerage Utility Fund and General Fund Capital Programs. This project is partially funded by the Integrated Bilateral Funding Program. The project is anticipated to begin in mid -April 2023 and is expected to be completed by October 2023. Prior to construction, another notice will be distributed to inform residents and business owners of the actual construction start date. Although there will be water interruptions and delays in traffic, it is our intent to keep these inconveniences to a minimum. Representatives from the City of Saint John will be available to answer questions related to the project. The public is invited to drop in anytime during the following periods to attend an information session for this project: Date: Wednesday, March 29, 2023 Location: Saint John Vineyard 204 Carmarthen Street Time: 2:00 pm — 4:00 pm and 6:00 pm — 8:00 pm For further information about this project contact the City of Saint John at (506) 658-4455. COMMON COUNCIL REPORT M&C No. 2023-50 Report Date February 23, 2023 Meeting Date March 20, 2023 Service Area Public Works and Transportation Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT: Canadian Corps of Commissionaires NB & PEI Division 2023 Service Agreement AUTHORIZATION Primary Author Commissioner/Dept. Head I Chief Administrative Officer Jill Good Michael Hugenholtz/Marc Dionne I Brent McGovern RECOMMENDATION RESOLVED that the City enter into an Agreement for Security and Related Services with the Canadian Corp of Commissionaires N.B. & P.E.I. Division, Inc. in the form attached to M&C No. 2023-50; and that the Mayor and City Clerk be authorized to execute said Agreement and any documents ancillary thereto. EXECUTIVE SUMMARY The Canadian Corp of Commissionaires NB & PEI Division Inc., are contracted by the former Saint John Parking Commission to provide enforcement of city traffic, parking lot and parking meter by-laws as outlined in the agreement effective April 1ST, 2020. On an annual basis the Corp reviews the charge rates for services to be effective April 1st of each year, as outlined in the service agreement with the Parking department (former Saint John Parking Commission). The Charge rate is the hourly rate that the City of Saint John pays to the Corp for the services provided, which includes the hourly rate of pay plus any overhead costs incurred by the Corp. As of April 1st, 2023, minimum wage in New Brunswick has increased by $1.00 to $14.75 an hour. To remain competitive the Corp of Commissionaires must ensure its pay levels are appropriate when compared to provincial minimum wage. The intent of this report is to continue retaining security and related services through a new Agreement with the Canadian Corp of Commissionaires NB & PEI Division Inc., that includes the increased rates for services rendered effective April 1st, 2023, for which the Corp has provided a letter dated February 1st, 2023 following their regular annual review of rates. PREVIOUS RESOLUTION Not applicable. `§F:3 -2- REPORT The Canadian Corp of Commissionaires NB & PEI Division Inc. have been contracted by the former Saint John Parking Commission to provide enforcement of city traffic, parking lot and parking meter by-laws and have had a very successful partnership for over 25 years. They are a not -for -profit organization, that take pride in providing meaningful employment while offering quality service at competitive rates. The Commissionaires are contracted and through resolution of Council act as on -street parking by-law enforcement officers, parking lot attendants (for both the Market Square parking garage and Peel Plaza Parkng garage), parking collections officer and an enforcement supervisor. Parking enforcement officers are responsible for enforcement of the Traffic and Parking meter by-laws, every day on foot and in all types of weather conditions. A team of up to six officers issue on average 24,000- 30,000 parking tickets annually, resulting in on average over $650,000 in revenue, in pre pandemic conditions. While much of the focus is in the CBD and South End where parking demand is highest, there are also portions of north, east and west that are enforced by vehicle for violations such as alternate side parking and no parking. Enforcement officers are responsible for issuing tickets and working with city contracted vendors to tow vehicles during overnight parking bans during winter storms. At all times they are expected to provide excellent customer service and education about parking while interacting with the public. There are currently two full time and two part time parking lot attendants that are responsible for daily operations of the Market Square and Peel Plaza parking garages. Maintaining and providing customer service to help all patrons of the garages is a daily job duty of the attendants. On a weekly basis they are also responsible for completing the bank deposits and take part in the afterhours on call rotation. There are currently two contracted staff responsible for office related parking services covered under the service agreement including collection of overdue accounts, the sale of various forms of parking permits, and managing training and day to day operations as it related to the enforcement officers on the street. On an annual basis the Corp reviews the charge rates for services to be effective April 1st of each year, as outlined in the service agreement with the Parking department (former Saint John Parking Commission). The Charge rate is the hourly rate that the City of Saint John pays to the Corp for the services provided, which includes the hourly rate of pay plus any overhead costs incurred by the Corp. On February 1st, 2023, the Parking department received a letter from the Corp regarding an increase to charge rates for 2023-2024. The letter indicates that the increase is necessary to remain competitive with the provincial minimum wage increases on April 1st, 2023 and help to attract and retain quality applicants. The rate increases also take into consideration the increases to cost of living/CPI and the wage expenses experienced by the Corp. A breakdown of the charge rate is also included in the letter, which indicates that 75% is allocated directly to payroll, 19% to employee benefits, 3% to training, equipment and uniforms and 3% to support the small management group. `§E%j -3- The Parking department agrees with the details of the service agreement including the charge rate increases outlined therein. STRATEGIC ALIGNMENT This report aligns with Council's Priority to perform by leveraging viable opportunities to generate alternate/new sources of revenue. SERVICEAND FINANCIAL OUTCOMES The increase in cost from this new agreement are expected to be outweighed by the additional parking ticket revenues from more consistent enforcement of the by-laws. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS General Counsel Office has reviewed and provided feedback on the attached agreement and the report. ATTACHMENTS Appendix — Canadian Corp of Commissionaires NB & PEI Division Inc- Agreement for Security and Related Services — effective April 1, 2023. ` el BOPS/2A/03 Canadian Corps of Commissionaires N.B. & P.E.I. Division, Inc. AGREEMENT FOR SECURITY and RELATED SERVICES This agreement, effective April 1, 2023 between the CITY OF SAINT JOHN and the contractor, C'ANADIAN CORPS OF COMMISSIONAIRES N.B._ & P.E.I. Division, Inc., hereinafter called "the Division" sets forth the terms and conditions for the provision of Parking Enforcement and Related Services for the City of Saint John. TERMS AND CONDITIONS: The Division will supply Commissionaire members required for parking enforcement and related services for the City of Saint John at the rates specified in Appendix A. Services shall include those services described in Post Orders and all ancillary or related services (the "Services"). The Division agrees the Services shall be performed using all reasonable care and skill and in accordance with industry standards for enforcement and security related services and without limiting the foregoing any staff employed by the Division shall have the qualifications to perform the duties specified in the Post Orders. 2. The City of Saint John will pay the Division for the Services rendered in accordance with rates established in Appendix A, with annual reviews of such rates taking effect on April 1 of each year. An administration fee is included in the billing rates to enable the Division to defray operating and administrative expenses. Payment shall be made in accordance with a statement of account rendered by the Division on a biweekly basis for services performed in accordance with specific request from the City of Saint John for such period. Payment shall be made within thirty (30) days of receipt of such statement and overdue accounts which are not disputed by the City of Saint John acting reasonably may be subject to late payment charges of 2 % per month. 4. The Division shall comply and be solely responsible for all Federal and Provincial legislation affecting the condition of work and wage rates. In the event that during the course of this agreement, the cost to the Division in conditions of labour, including but without limiting the generality of the forgoing, vacation pay, statutory holiday pay and mandatory health benefits increase as a result of the action of Federal Government or the Government of the Province of New Brunswick, the Division may request that the rates specified in this agreement which are affected be adjusted by the amount which will ensure that the Division shall recover the cost thereof. The City of Saint John may but shall not be obligated to increase such rates and in the event, it does not agree to the rate increase, may terminate this Agreement. Without limiting the foregoing, the Division shall be solely responsible for any and all contractor or employment obligations for such individuals it assigns to carry out the Services and without limiting the foregoing shall be solely responsible for any and all source deductions, insurance (workers compensation obligations) and/or other employment liabilities for such Division. Harmonized Sales Tax (HST) will be added to the billing rate. The invoice to the City of Saint John may be adjusted according to these amounts or any other Federal or Provincial legislated tax increases. -1- 121 The City of Saint John shall supply the Division with work instructions (post orders) for the Services to be delivered hereunder and the Division may, upon receipt of such directions, request clarification or modification of such directions. If the Division is not prepared to perform the Services as directed, the City of Saint John may, acting reasonably, elect to terminate this Agreement and find an alternative service provider. To the extent that the City of Saint John requires additional services or a change in the scope of Services described herein, rates specified in Appendix A may be amended as mutually agreed as result of such changes and/or additional requirements. The Division shall, at its sole expense, maintain workers' compensation insurance coverage with Worksafe NB and will comply with all Occupational Health and Safety laws and regulations. The City of Saint John shall ensure that the parking enforcement staff assigned to the City of Saint John will be advised of all ongoing health and safety issues and concerns related to their employment. The City of Saint John will appoint an official as the main point of contact to whom the Commissionaire Site Supervisor will receive direction / work instructions related to the duties of the Commissionaire Members assigned. 9. The Division's personnel may only drive a City of Saint John vehicle if so authorized by the City of Saint John and the Division. The Division covenants and agrees to maintain commercial general liability insurance including fidelity insurance for all Services delivered hereunder in the aggregate amount of not less than two million ($2,000,000.00) dollars. 10. Should any Commissionaire member not perform their duties to the satisfaction of the City of Saint John Parking, the Division will, at the earliest opportunity, provide a suitable replacement. 11 _ The scheduling of personnel shall be determined by the Division provided that the Services are delivered as required hereunder and to the satisfaction of the City of Saint John. 12. The Division shall indemnify, defend and hold harmless the City of Saint John and its personnel, directors, officers, administrators, successors and assigns, from and against any and all claims of whatever kind arising from the Division's delivery of the Services including bodily injury (including death) and /or for damage to or destruction of tangible property caused by the negligence, intentional misconduct or other tortuous act or omission of the Division or its personnel, except to the extent caused by negligence or willful acts or omissions of the City of Saint John. 13. This agreement shall enure to the benefit of and be binding on the parties hereto, their Heirs, Successors and Assigns respectively, but may be terminated upon either party giving to the other party thirty (30) days notice in writing. 14. Each party is acting as an independent contractor and not as an agent, partner or joint venture with the other party for any purpose. Neither of the parties or any of their representatives or members are, or shall be deemed for any purpose to be, an employee or agent of the other and neither party shall have the power or authority to bind the other party to any contract or obligation. -2- HPA 15. This Agreement shall be governed by and construed in accordance with the laws of the Province of New Brunswick. This Agreement constitutes the entire agreement between the parties with respect to the subject matter of this Agreement. This Agreement supersedes any and all agreements, understandings and representations made between the Parties with respect to the Services and any other matter described herein prior to the date this Agreement is executed by the parties. No provision of this Agreement shall be amended, except by a further written agreement between the Parties. No waiver of a provision of this Agreement shall operate as a waiver of any other provision or as a waiver of the same provision on another occasion. This Agreement may be executed in several counterparts and by electronic signature, each of which so executed shall be deemed to be an original and such counterparts when taken together shall constitute one and the same original agreement which shall be bindings on the parties. Signed and Delivered in the presence of: Name and Title, (print) City of Saint John Name and Title, (print) City of Saint John Signature Signature 6fA,-�� Robert (Bob), Chief Executive Officer Canadian Corps of Commissionaires N.B. & P.E.I. Division, Inc. Dwight axan, Dire or of Business (Witness) Canadian Corps of Commissionaires N.B. & P.E.I. Division Inc. -3- Date Date Date 1 4<- 'i� --,0;23 Date `10491 APPENDIX A CITY of SAINT JOHN - PARKING_ Detail Current Charge Rate Public Holiday Rate # Position Charge (April 1, 2023) (April 1, 2023) 79-1 Peel Plaza $22.25 $24.40 $36.60 79-2 Market Square Attendant $20.15 $22.10 $33.15 79-2 Market Square Admin/Attendant $22.25 $24.40 $36.60 83 Parking Enforcement (Collections) $21.80 $23.91 $35.87 Parking Enforcement Officer $22.08 $24.22 $36.33 84 Parking Enforcement Officer (Evenings) $22.77 $24.97 $37.46 92 Parking Enforcement Supervisor $26.25 $28.79 $43.18 In BY-LAW NUMBER L.G. 4-1 A BY-LAW RESPECTING THE CLOSING OF ROADS, STREETS OR HIGHWAYS IN THE CITY OF SAINT JOHN ARRETE No L.G. 4-1 ARRETE RELATIF A LA FERMETURE DES CHEMINS, DES RUES OU DES ROUTES DAN THE CITY OF SAINT JOHN Be it enacted by the Common Lors dune r6union du conseil Council of The City of Saint John as communal, The City of Saint John a d6cr&6 follows: cc qui suit: A By-law of The City of Saint John entitled, "A By-law Respecting The Closing of Roads, Streets or Highways in The City of Saint John", enacted on the eleventh day of March, A.D. 2019, is hereby amended by adding thereto Section 7 immediately after Section 6 thereof, as follows: 7 The City of Saint John does hereby stop up and close permanently the following street: NEWPORT CRESCENT: All that portion of Newport Crescent, a public street in the City of Saint John, in the County of Saint John and Province of New Brunswick, comprising 3,471 square metres as shown on a Plan of Survey titled, "Portion of Newport Crescent, City of Saint John, Saint John County, Province of New Brunswick," prepared by Dillon Consulting. and dated November 14, 2022 attached hereto. 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 and signed by: Par les pr6sentes, 1'arr&6 de The City of Saint John intitul6, « Arr&6 relatif a la fermeture des chemins, des rues on des routes dans The City of Saint John», d6cr&6 le 11 mars 2019, est modifi6 par 1'ajout de Particle 7 imm6diatement apr&s Particle 6, comme suit: 7 Par les pr6sentes, The City of Saint John barre et ferme de fagon permanente la rue suivante : CROISSANT NEWPORT: Tome la partie de la croissant Newport, une rue publique dans la ville de Saint John, comt6 de Saint John, dans la province du Nouveau - Brunswick, d'une superficie d'environ 3,471 metres carr6s comme le montre le plan d'arpentage intitul6 « Partie du plan d'arpentage indiquant la croissant Newport, ville de Saint John, comt6 de Saint John, province du Nouveau -Brunswick », pr6par6 par Dillon Consulting et dat6 du 14 novembre 2022, joint aux pr6sentes. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le pr6sent arr6t6 le ** **** 2023, avec les signatures suivantes : Mayor/Maire City Clerk/Greffier communal First Reading - March 6, 2023 Premiere lecture - le 6 mars 2023 Second Reading - March 6, 2023 Deuxi6me lecture - le 6 mars 2023 Third Reading - Troisi6me lecture - 125 LU _ t: G �Z m w W OW o a - > V d d 3 _ N � CO LUIX - -- ..5 o - - g - E N , Staff Recommendation for Council Resolution Property: Newport Crescent (portion of) Public Hearing: Held on February 21, 2023 Item: Required: Recommendation (Y/N) Municipal Plan No Amendment 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 910 square metres, also identified as a portion of Newport Crescent from un-zoned street to Mid -Rise Residential (RM). Other No 3rd Reading: March 20, 2023 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 910 square metres, also identified as a portion of Newport Crescent from un-zoned street to Mid - Rise Residential (RM). Recission of No Previous s. 39/s. 59 Conditions Section 59 Yes That Common Council, pursuant to the provisions of Section Conditions 59 of the Community Planning Act, impose the following condition on the parcel of land having an area of approximately 3471 square metres, also identified as a portion of Newport Crescent: a. That the use of the stopped up and closed portion of Newport Crescent is limited to the following uses: MAN i. Any use permitted in the Mid -Rise Residential (RM) Zone; and ii. Access to any use permitted in the Neighbourhood Community Facility (CFN) zone. b. That the developer provide to the City any Local Government Services Easements and/or rights -of -way for all municipal infrastructure within the portion of Newport Crescent that is subject to the stop up and closure process. The suitability of the width of the easements are subject to the review and acceptance of Saint John Water and the City. Section 59 No Agreement Section 131 No Agreement Other No W-11 BY-LAW NUMBER C.P. 111-147 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 910 square metres, also identified as a portion of Newport Crescent from unzoned street to Mid -Rise Residential (RM) pursuant to a resolution adopted by Common Council under Section 59 of the Community Planning Act. - all as shown on the plan attached hereto and forming part of this by-law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by-law the X day of March, A.D. 2023 and signed by: ARRETE NO C.P. 111-147 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 : Uarrete 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 910 metres carres, situe au partie du croissant Newport de rue non zonee a Zone residentielle — Immeubles d'habitation de hauteur moyenne (RM) conformement a une adoptee par le conseil municipal en vertu de I'article 59 de la Loi sur I'urbanisme. - 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 X mars 2023, avec Ies signatures suivantes: Mayor/Maire City Clerk/Greffier communal First Reading - February 21, 2023 Premiere lecture - le 21 fevrier 2023 Second Reading - February 21, 2023 Deuxieme lecture - le 21 fevrier 2023 Third Reading - Troisieme lecture - 129 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 o� 0 3� dL 2 �1l 9e 0 .person 7 0N `et�e 5�• � S�eQ NO FROM / DE TO / A Mid -Rise Residential Un-zoned street ® RM Zone residentielle - Aucun zone immeubles de hauteur moyenne 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: Carly Forester (Kindred Works) Location: Newport Crescent PID(s)/NIP(s): 00000003 (portion) Considered by P.A.C./Considers par le C.C.U.: February 7 fevrier, 2023 Enacted by Council/Approuve par le Conseil: Filed in Registry Office/Enregistre le: By -Law #/Arrete #: Drawn by/Creee par: Andrew Pollock Date drawn/Carte creee: March 9 mars, 2023 130 D '� r r I l jl COMMON COUNCIL REPORT M&C No. 2023-63 Report Date March 14, 2023 Meeting Date March 20, 2023 Service Area Public Works and Transportation Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT: Waste Wise Update AUTHORIZATION Primary Author Commissioner/Dept. Head Chief Administrative Officer Tim O'Reilly Michael Hugenholtz J. Brent McGovern RECOMMENDATION Your Chief Administration Officer recommends Common Council receive and file this report. EXECUTIVE SUMMARY Waste Wise is the City of Saint John's transformation of its solid waste collection service. It included the introduction of curbside recycling collection, limits on collection of subsidized garbage, continued collection of compost, as well as service efficiency and safety improvements. Waste Wise has three over -arching targets: 1. Environmental: Reduce the amount of garbage that ends up in the landfill by 15%, 2. Financial: Introduce a brand-new curbside recycling collection program without requiring investment from taxes, and 3. Safety and Efficiency: Introduce mechanical lifting of garbage that reduces repetitive lifting and increases productivity. Since roll -out in late October 2022, Waste Wise has been exceeding the environmental target and meeting or exceeding the financial target. Garbage is reduced by 43% on average with increases in recycling and compost rates. The combination of savings from landfill tipping fees and revenues from sold bag tags is at least matching the annual financial target required to pay back the program's upfront $ 3 Million investment within 9 years. This report describes how Waste Wise is achieving success and why this is important. City staff are continuing to ensure Waste Wise works for as many households and stakeholders as possible while maintaining the over -arching program targets. This report provides updates on various initiatives within the Waste Wise Program to achieve this. 131 -2- PREVIOUS RESOLUTIONS Common Council has been briefed many times on Waste Wise over the last few years including providing direction when needed, such as program purchases. Common Council referred an e-mail correspondence from a resident to your Chief Administration Officer at your last (March 6, 2023) Council meeting. This correspondence is attached to this report. This report is intended to answer to this referral direction from Common Council. REPORT Modernization of the City's Solid Waste Collection Service began on October 23, 2022, and included several components: • Each of the City's almost 22,000 solid waste customers (households of single-family homes to apartments of 4 units) were able to, for the first time, place unlimited sorted recyclables curbside for collection. Households were provided two recycle totes to support this service. • The City would continue to collect unlimited amount of compost curbside. • A limit on the amount of garbage that households could place curbside was introduced, equating to one bag every week. • All but approximately 3000 of the households received 180 Litre carts for their subsidized garbage. • The remaining approximately 3000 households that could not use garbage carts began receiving Urban Bag Tags in the mail for their subsidized garbage. • Bag tags for garbage that households produced in excess of their subsidized amounts became available for $2 each at 15 participating vendors around the City as well as at the City's Customer Service Centre. • Information about Waste Wise was made available to households through a variety of ways including at their door, on the City website, one-on-one interactions through our Customer Service Centre, and at participating Community Centres. • Operational efficiencies were introduced including use of mechanical lifting devices on City garbage trucks, complete shift to single -person garbage trucks, and multi -purposing garbage trucks for both garbage/compost and recycling collection. • Collection routes were reorganized with introduction of new night time collection routes for recycling. • A variety of additional associated initiatives detailed further in this report were commenced or planned. Garbage Reduction Results The environmental target of Waste Wise was to achieve a 15% reduction, by weight, in the amount of garbage sent to the Crane Mountain Regional Landfill. `19% -3- Limits on subsidized garbage, availability of a brand-new convenient curbside recycling service, maximizing use of the existing compost stream, encouraging ways to eliminate certain products such as tires or paint, as well as information to our customers were all aimed to achieve this target. The 15% reduction target has not only been achieved, but has been significantly and consistently surpassed, reaching on average a 43% reduction, almost triple the target. Reducing garbage that ends up in a landfill has general environmental benefits, extends the life of the region's current landfill, and creates financial benefits discussed further in this report. Recycling Results, Benefits, and Improvements Households have made great use of the City's new curbside recycling collection service. In the early weeks of Waste Wise rollout last Fall, 11-12% of the amount, by weight, of total refuse was being diverted to the recycling stream. The amount of diversion has only increased since, reaching 15-17% diversion rates. Households' growing use of the new curbside recycling stream assists in the diversion from the garbage (landfill) stream. The City pays nothing to drop off recycling at the landfill (compared to $123 per tonne for garbage), which contributes to paying back Waste Wise's investment. From a household's perspective, making full use of the new recycling stream assists in preventing the need to buy bag tags for excess garbage. The City encourages maximizing the use of the curbside recycling service by our households. There is no limit on the quantity of properly sorted recyclables households can place curbside. Recycling totes were provided to all households, however other similar sized containers can be used and larger cardboard boxes can be broken down and left beside the totes. The design and supply and of city -issued recycle totes is addressed further in this report. Recycling options for apartment dwellers (of 5 or more units that are not Waste Wise customers) is also addressed further in the report. Composting Results and Benefits Households have significantly increased their use of curbside compost collection since the roll out of Waste Wise. Composting has increased between 30% and 90%, by weight, during each of the first four full months of SW.[10 900.00 ,Mw 2W M 100.00OM Durigg Waste Wise Average of Previaas 3 �. `Edc3 -4- Waste Wise relative to the average of the same month from the previous three years. Household disposal of compost is impacted seasonally, therefore a month - to -month comparison relative to previous years was more appropriate. Similar to recycling, the City encourages households to maximize the use of the curbside composting. Besides extending the life of the landfill, organics that otherwise end up in the landfill produce methane, a greenhouse gas that has 30 times the warming potential over CO2. The product of composting is rich soil for our community's use. The City pays $40 per tonne to drop off compost at the landfill (compared to $123 per tonne for garbage), which also contributes to paying back Waste Wise's investment. From our customer's perspective, making full use of the compost stream assists in preventing the need to buy bag tags for excess garbage. Concerns of Increased Illegal Dumping Some community concern was expressed that, with the limit on subsidized garbage with Waste Wise roll -out, there would be an increase in garbage that is being dumped illegally. Simply put, there is no evidence that this has been the case in over four months since roll -out. Education and Enforcement Waste Wise included some new components and rules that everyone needed to learn, both our operational team and the community. New garbage collection days for some in the community, collection of recycling at night (not common, at least in our region), the need for proper sorting of recycling, garbage that needed to fit into the cart or required a bag tag, and new or revised community collection locations in some neighbourhoods were all details that needed to be learned. The vast majority of the community followed the new rules of Waste Wise immediately. In some cases community members needed additional education, achieved through interactions with City staff or via the use of yellow tags or stickers advising of the changes required. City staff began to transition slowly to more of an enforcement approach with issuing fines available underthe City's Solid Waste By -Law where education efforts alone were not effective. Enforcement efforts are targeted thus far at instances where bags of garbage did not have a bag tag. Ultimately, education and enforcement efforts are intended to ensure fairness between households and mitigate garbage entering the environment. `KMI -5- Identifying our Customers Waste Wise brought an unexpected challenge and opportunity to identify and ensure our true customers are being served. Prior to Waste Wise, there were far fewer measures in place to assure City taxpayers were only contributing to refuse collection from households of single-family homes and those living in an apartment up to four units. Generally, if garbage was left at the curb, the City collected it. Distribution of garbage carts or Urban Bag Tags to those identified as our customers ensured better controls were in place. Although it is difficult to quantify extent, the controls now in place with Waste Wise have contributed to a portion of the reduction in garbage disposal funded by our taxpayers. However, several challenges were encountered with identifying some Waste Wise customers, particularly those who needed to receive Urban Bag Tags by mail. Examples included discrepancies as to how many units were in an apartment building, availability of some accurate mailing addresses, particularly for apartments, and undocumented but important long-term customers from the non-profit sector. Solutions for each case have been and continue to be implemented. Supporting Solid Waste Collection for Non -Profits Whether inadvertent or planned, over the years City staff collected garbage from the "curbs" of many non -profits, who are technically not customers identified in the Solid Waste By -Law. These "customers" really only became identified when they were placing garbage without being in a cart or affixed with bag tags with commencement of Waste Wise. Recognizing select non -profits have relied on the City to collect their garbage for years without a charge, the City resumed collecting from these non -profits with roll -out of Waste Wise. These specific organizations are issued limited bag tags with the offer of recycling services so the City's investment in their operational costs can be documented, and the targets of Waste Wise can be respected. The investment data now being collected through issued bag tags can be made available in the future as part of the City's broader Subsidization Policy review. Bag Tag Affordability and the Unintended Positive Consequences Prior to Waste Wise roll -out members of Council suggested, and City staff supported and operation aIized, a sub -program of Waste Wise where households in financial need were offered limited bag tags at no charge when they produced more garbage than the subsidized limit. City staff worked with five Community Centres (Carleton, North End, PULSE, IOL Fieldhouse, and Stone Church [representing Waterloo Village]) to develop a comprehensive distribution and tracking system within a 6-month pilot project. `K191 -6- City staff estimated upwards of 20,000 bag tags had potential to be distributed under the 6-month pilot project. However, over the first 4 months of the pilot project, less than 100 were distributed. In a follow-up meeting with City staff and representatives of the Community Centres, it was agreed the low demand for bag tags did not substantiate the need to sustain a comprehensive system beyond the pilot project. Instead, Community Centres are being provided a much smaller quantity of bag tags for distribution within their neighbourhoods as the Centres see fit. An assumed and positive outcome of the pilot project is that, similar to community as a whole, households that may experience financial challenges have also been able to keep their produced garbage within the subsidized limits of Waste Wise. A more significant role that the Community Centres have played with roll -out of Waste Wise is their ability to be a champion and source of information for Waste Wise for members of their respective neighbourhoods. The Centres have also been a great venue for City staff to understand how Waste Wise is working for these neighbourhoods. During the follow-up meeting referenced in the previous paragraph, the feedback from representatives of the Centres about Waste Wise was overall positive. The Centres' role as a key Waste Wise information source in our neighbourhoods is another unintended and positive outcome of a program and relationship established for a much different purpose and emphasizes the important role these Community Centres play in our neighbourhoods. New Subsidized Medical Waste Support Program Some households in the community have advised the City they are producing more garbage due to waste generated by very specific medical conditions that cannot be reasonably managed within the subsidized garbage limits or recycled. In fact, in many cases where households had approached a Community Centre for bag tags, the reason for the need was often as a result of someone in these medical circumstances. City staff's initial communications to households that they should find out whether the cost of purchased bag tags for medical waste is deemed a medical expense for income tax purposes have come without solutions. City staff completed subsequent research and found other communities with limits on subsidized garbage have programs where additional subsidized garbage is allowed due to medical reasons. With all the feedback received since roll -out of Waste Wise, best practice research, and the overwhelmingly positive environmental and financial outcomes of the program thus far, City staff have developed and will be officially communicating publicly the City of Saint John Medical Waste Support Program where garbage bag tags equivalent to one extra bag per week will be provided to `Ki.1 -7- qualified households at no charge. More information on the new program will be found on the City's website as the initiative launches. Other Opportunities to Dispose More Waste As a reminder, all households have additional avenues to dispose of garbage (again to align with the environmental and financial targets of Waste Wise): • The City's Bulky Item Pick-up program remains available to households with more information available on the City's website, • As also suggested by members of Council during consultations on Waste Wise, each household is permitted one extra bag at no charge (without affixing a tag) after the holiday season and at spring cleaning time. Exact dates when these programs are available annually will be communicated to the public. The first of these programs was already implemented in early January 2023. Opportunities to increase the number of extra bags disposed without charge during these two times per year will be one area reviewed as a result of early exceeded expectations of Waste Wise, • Various programs are available through Recycle NB and the regional landfill for disposal of oil, tires, paints, batteries, electronics, etc. Fundy Recycles has recently introduced a glass jar recycling pilot project. These Extended Produced Responsibility Programs are discussed further in this report. Removing Barriers to Recycling City staff recognizes feedback received by the community with specific concerns about the City's curbside recycling program since roll -out of Waste Wise, mainly around the provided recycle totes. Concerns have included inability of the city - issued recycle totes to stand up to cold temperatures, be susceptible to blowing over or around in windy conditions, not being big enough, or being stolen or vandalized. City staff completed a review of the design of the procured recycle totes. The exact totes provided to the City have been used in other Canadian communities with similar climate (snow, colder temperatures). They are rated to -40 degrees Celsius. If a more robust, economical alternative is found, City staff will pursue it. With any plastic product, there are limits. City staff have also adjusted our operational procedures to mitigate the concerns for use in Saint John's climate. For example, staff have moved to nesting the two totes together with the lid inside to mitigate blowing around in windy conditions after emptied. Households are reminded they can use other or additional rigid containers (such as Rubbermaid containers with handles) to place their recyclables curbside. Plastic bags are simply not an option as these are not recyclable. They are `19YA -8- considered single use plastic and the landfill will not accept them into the recycling stream. There is no space on the City's truckers to store empty bags and they are likely to blow around if our operators left them emptied at the curb. Households should place their name and address on their recycle totes (or other containers they use) to mitigate risk of theft. Costs for annual replacements of a portion of issued garbage carts and recycle totes were included as part of the financial model for Waste Wise. It was forecasted that recycle totes would be replaced under very limited circumstances (e.g. where the City damaged them during recycling collection or while performing other City services, such as plowing). City staff will continue to monitor the overall business model for Waste Wise for opportunities to increase the annual investment in replacement totes and lids to be able to replace them for more reasons as a general practice. Planned Recycle Tote Replacement Blitz Waste Wise is new to everyone involved. City staff have heard the early feedback that City -issued recycling totes are not available to some in our community for various reasons. City staff is beginning to plan for a weekend recycle tote and lid replacement blitz to allow those in the community to replace theirs. The City is procuring and making available for pick-up by households at a central location a limited number of recycle totes and lids. A portion of these totes and lids would be provided to each of the five Community Centres for pick-up from members of these neighbourhoods who have limited transportation options. Confirmation and details will be communicated to the community at a later date. Early Waste Wise financial targets being on track to be met or likely exceeded, and the importance of continued community participation in the new curbside recycling service have led to City staff pursuing this one-time blitz. Recycling Options for Apartment Dwellers and other Stakeholders The Fundy Regional Service Commission made the decision to close community blue bins previously available around the City for disposing recyclable materials at the same time the City rolled out Waste Wise. The City's Waste Wise customers, being those in single family homes and dwellers of apartment buildings up to four units, began receiving an enhanced curbside recycling collection service. However, dwellers of apartments with greater than four units, businesses, and other stakeholders who previously also made use of the community blue bins lost recycling options when landfill closed them. `Ec1:3 -9- The long-term solution for recycling collection services for these stakeholders is a pending Provincial -wide model being coordinated through Recycle NB. Similar to other Extended Producer Responsibility (EPR) programs in the Province (oil, tires, redeemables, etc.), a new EPR for Paper and Packaging Products will put the financial and coordination burden on businesses that produce the goods. At present, this EPR program is believed to be launched in 2024 with Recycle NB currently coordinating review of a management plan for the new program. More details are available on the Recycle NB website. City staff have engaged with the Saint John Apartment Owners Association (SJAOA) to discuss interim options available to apartment owners and dwellers, including third -party services available to collect recycling, until the EPR program rolls out. It is not possible for the City to mandate that apartments recycle, and even if we could, we would need to be mindful of the need to ensure compliance, and any laws implemented would have a short-term purpose. Responding to additional feedback provided through referred resident letter Other sections of this report respond to most of the various input provided through the resident's e-mail correspondence referred to the CAO (and attached to this report): • Review of the current specifications and use of the City's issued recycle totes in cold weather with openness to review alternatives as available and economical. • Households' ability to use other rigid containers and plans to increase supply of replacement City issued recycle totes and lids, in response to the concern of missing, damaged, size of City issued totes and lids. • The decision -makers (not the City) and the processes and support from the City provided to serve larger apartment dwellers with loss of the community Blue Bins for both the short-term and long-term. • The City's recently announced Medical Waste Support Program available for individuals with specific medical conditions that produces excess waste that cannot be recycled (such as adult incontinence). • Operational changes within our solid waste collection service, including ways to continue to reduce damage or lost carts and totes. • There is no evidence of an increase in illegal dumping with implementation of Waste Wise. City staff has reached out to the resident to discuss their feedback. City staff will be available during the presentation that accompanies this report to answer any other questions members of Council may have about the residents' correspondence. -10- STRATEGIC ALIGNMENT Waste Wise aligns with two of Common Council's priorities: • GREEN: Waste Wise demonstrates environmental stewardship. • PERFORM: Waste Wise has a Business Plan and with identified and measured performance targets. Waste Wise aligns with the City's Climate Energy Action Plan. Waste Wise outcomes and approaches can contribute to the City's future Subsidization Policy. SERVICEAND FINANCIAL OUTCOMES Service outcomes relative to Waste Wise are detailed previously in this report. The Business Plan for Waste Wise predicted it would take nine years to pay back the $3 Million upfront investment with annual operating and maintenance costs of $250,000 considered. The plan estimated $614,000 would be recouped annually from a combination of savings in tipping fees ($192,000) and of revenues from sold bag tags ($422,000) to achieve the nine-year pay back plan. The actual combination of annual savings and revenues are on track to meet or surpass expectations. Tipping fees are expected to save approximately $400,000 in the first year of implementation, more than double the predicted $192,000. Annual bag tag revenues are now expected to be $250,000 annually, down from the $421,790 originally estimated. In total, $650,000 is predicted to be recouped in the first year, up from the $614,000 estimate. Additional program costs such as the planned 2023 Recycle Tote Replacement Blitz and the new Medical Waste Support Program are expected to close the positive gap closer to the business plan predictions. Adjustments to levels of service provided by any City service the community, such as increasing the frequency of solid waste collection or the amount of subsidized garbage permitted, is a debate that should and does occur every year when Common Council decides various budgets. In the case of Waste Wise, all elements of the program, including the addition of the new curbside recycling service and investments needed to support it, were incorporated into a business plan with financial and environmental targets; further significant adjustments would require the business plan to be revisited. -11- INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Waste Wise roll -out was planned and implemented with the input from the broader community, five of the City's Community Centres, Fundy Recycles, and several City departments including: • Public Works • Fleet Services • Growth & Community Services • Finance • General Counsel's Office • Integrated Customer Service Centre • Communications ATTACHMENTS • Correspondence from resident referred to CAO from Common Council • City Staff Presentation From: Chris Osborne To: Service (Customer Service); Common Clerk Subject: Open Letter to Council and Staff Re: Feedback on Waste Wise Program Date: February 18, 2023 11:59:55 AM [ External Email Alert] **Please note that this message is from an external sender. If it appears to be sent from a Saint John employee, please forward the email to spamsample@saintjohn.ca or contact IT Service Desk at 649-6047. * * Hello, Please forward my letter to the next session of common council and to the staff responsible for looking after the garbage collection program. I am writing today to provide feedback regarding the new Waste Wise Garbage collection program. I have been a life-long resident of Saint John, along with my Wife, 3 young children, my elderly Mother (81 yrs) and my elderly Aunt (82 yrs), my Uncle and my Father In Law and Mother In Law and others. Having been part of the program now for several months I believe I can provide some insights and suggestions for improvement which my extended family and I have become aware of. While the idea of curbside collection of recyclables is a good one, however in practice it is deeply flawed. For context; I live in a single family home, my neighbours are mostly multi -family homes, some of up to four (4) or six (6) units. I also own two rental properties; one two -unit and one a single family home. My Mother and Aunt live together in a single family home in Lancaster. My Uncle and his wife live in a small single family home in the Milford area. My Father in Law lives in a two unit building, and is surrounded by two (2), three (3) and four (4) unit buildings in the Sea Street area. My Mother -In -Law lives in a large multi -unit development in the north End off Millidge Ave. My letter draws on all of their experiences and conversations, as well as my own, and also those of friends and acquaintances. This topic is one which comes up frequently between us as an extended family, and with friends and acquaintances. It is a source of frustration and depression. Many comments surrounding the lack of services, reduction of services and costs. So often I hear people say "what can I do", "nobody will listen", etc. They are tired and defeated in some cases. Therefore I feel that I must write this letter both on my families behalf and others who feel that the system is flawed and who have given up and won't engage anymore with the system. 1. Bins are fragile, especially in cold weather. Two neighbours and one of our little recycling bins have been destroyed already. Two on the bins here are now cracked. Whether or not this was due to rough handling by collection workers, or being blown around we cannot determine, but to say the plastic is brittle in cold weather would be very accurate. A Rubbermaid Rough Tote bin would be better as the plastic they are made from contains a high amount of plasticizers, making it tough even in the cold of winter months. 2. Small recycling bins are missing lids. We have to hoard the plastics and paper products inside our house now, as many of the bins in our neighbourhood are lacking lids. 3. The small blue and green recycling bins are too small and light. Part one; they blow away in a strong wind. This dumps debris all over the place and in some cases damages the bins. Part two; The bins are unreasonably small. with a family of three children and two adults with no pets we struggle to make everything fit. Three garbage days myself and the tenants next door placed flattened cardboard next to the bins and it was not collected as we were told it would be. The same thing occurred at my mother's house on Lancaster Avenue. I had several boxes from a flooring purchase in particular which measured 12"x24" and these were not taken away, even though they were flattened and placed against the side of the little bin. The lack of large Blue Bins at strategic collection points across the city, means I now need to hoard these boxes for weeks, burn them, or let them get wet and put them in the compost cart. None are good options. 4. Lack of Large Blue Bins. This is a MAJOR issue, and likely the one which needs to be addressed first and foremost. Firstly; Tenants of larger apartment buildings who used to recycle are now not able to at all. With increasing urban density as a stated goal and objective of the city and council, I would expect that there would also be more consideration that this will increase the tonnage sent to the landfill. Of course this change would direct the recyclables stream from these larger apartments into the garbage bags and bins collected and paid for by private individuals or companies, thereby shouldering the costs back through to the landlords and thereby also the tenants, which is unfair and immoral and brings about higher rents, another issue that is important for governments of all levels to try and address. Further this greatly impacts the environment in a negative way. While it cost -saves for the city, it means much more recyclables will end up in the landfill from the ever growing list of large apartment complexes. Secondly; anyone who has a large family, or tends to purchase more products, does a small renovations like flooring, etc, will produce more cardboard, paper and plastic waste than the little curbside bins can handle. As a growing family of three children, two in diapers and two adults, we are constantly trying the cram everything into the tiny bins, but it just keeps piling up. The lack of the big blue bins has meant recyclables, especially food packaging from the supermarkets tends to lay around the house in bags, boxes or bins. In turn this has created for us and our neighbours a severe rodent problem. We now need to spend more money on mouse poison and traps for our basement than we ever have. In short, the people NEED the Big Blue Bins back at strategic locations around the city! 5. Rodents. As mentioned above; we now have rodents as part of our daily lives, something which we never experienced before this. As a family who religiously IiE191 recycled and separated everything possible it is beyond frustrating to find ourselves having to hoard recyclables for two weeks, when before we would make stops at the big blue bins every other day while running errands. Additionally we had our garbage collected weekly, which meant less chance for birds, raccoons, rats and mice to get at our bags. Our garbage cans used to have straps to keep the rodents at bay, but these new brown bins are easy for Racoons to topple and feast upon. With them comes rats and mice. With racoons and other rodents comes feces and disease. Our health and safety is being put as risk by collection on a bi-weekly basis. As mentioned above, never before have we had to buy so much mouse poison. In one instance near Christmas we went through a bag of approx. 8 blocks of poison in just one week! The problems are real and serious. I cannot overstress the increase in rodents we are seeing in the West Side since this program began in the fall. I'm sure this holds true across the city, as we have an abundance of older and heritage buildings, which make our city colourful and attractive looking, but also require a higher level of maintenance and servicing, including in terms of garbage collection. If you are unfamiliar with some of the plagues brought about by rodents, along with the usual black death and other diseases, I would recommend a read regarding mites carried by rodents and birds, they're worse than bedbugs. 6. Bi-Weekly Collection. Our neighbourhood on the West side was always a weekly collection area, and with good reasons. Multi -family buildings and older structures which were less secure against rodent infiltration, combined with some families who have poor hygiene standards combine to make weekly collection and necessity. As mentioned above rodents have become and ever increasing problem in our neighbourhood, as well as on Lancaster Ave where my Aunt and Mother reside. The lack of big blue bins to dump sometimes fragrant recyclables in and moreover the lack of weekly collection has caused the rodent population to explode. Combine this with more people working from home, having more children and the warm weather this winter, it becomes a perfect storm for rodents to thrive. Secondly; with a growing family of three small children, aged 5, 3 and 1, with plans for a 4th child in the future, and we have two in diapers, it means we struggle and fail to fit all the garbage generated into the one small brown bin. My Mother who lives nearby with my Aunt has incontinence issues and this creates a lot of waster in diapers and pads. 7. Added costs. The added costs of bag tags on young families and seniors is unfair, given that we already pay the highest property taxes in all of the Province of New Brunswick. In particular shouldering those costs onto the elderly, who have fixed incomes and health issues is unjust. With increasing inflation rates, mortgage rates, etc. it adds to an already bleak picture of being unable to afford to live, work and grow old here in Saint John. Another small bleeder which drains the finances. There should be no limitations on the amount of garbage or recycling one can put to the curb, as in the end it means a cleaner and healthier city in which to work, grow, play and live. 8. Lack of recycling for certain products. Another factor at play is the lack of recycling for certain plastics, films, bags and especially vinyl building materials as well. Having renovated and sold several homes over the last decade I was shocked to learn that many plastic products cannot be recycled. For example a big one is vinyl siding and windows. This all ends up in the Construction and Demolition area of the landfill. There needs to be some further investigation and brainstorming on what can be done to separate out and divert these vinyl and plastic products from being buried in the ground. 9. "Take it to the Dump". I've seen this thrown in the faces of many people online who questioned the changes made to the garbage collection program. It is hurtful and doesn't help solve the problems in any way. The expectation for people to drive 20 minutes each direction or more, out of the city limits to Crane Mountain, just to take normal items to the dump is unrealistic. Who has the time in our hectic work -a - day world? Moreover, many people don't drive, or even own a vehicle in the city! Others can't afford the added costs with fuel prices so high and then the landfill at Crane Mountain charges for whatever you do bring. People are already struggling to live, keep shelter over their heads and provide a life for their children here. None of these suggestions to force the people to spend more to get less services makes sense. Buying bag tags is another expense, and at $2 per bag is not affordable in the least when multiplied out over the run of the year. Cost, Cost, Cost. If we keep increasing the costs and difficulties in getting rid of garbage and recyclables then who will want to take pride in their neighbourhood or want to live here in SJ? I watch now as every garbage day debris blows around our neighbourhood, whether caused by strong winds, or rodents. Please consider the impacts and hardships of people in our community who are less well off than yourselves when making these decisions. Life is tough for many, please help lift the burden and provide a good unlimited service which will make our city cleaner and greener at the same time. 10. Rough handling by new machines on the trucks. Three of the large green compost carts in my network of family and friends have been crushed or smashed by the new arm on the garbage trucks. In one case I witnessed the neighbours green compost cart rammed and crushed against the curb in a horizontal fashion while being placed back down. This resulted in a wobbly wheel, twisted bin and the hinge point of the lid popping loose on one side, making the cart now vulnerable to birds and rodents as there is an open corner of the bin. We suspect, but are not sure this rush to get the job done is in part how the little bins are becoming cracked and broken in cold weather, though they are very fragile when it's very cold. 11. Illegal Dumping. While I have not witnessed any illegal dumping I have heard many of my friends speak of the issue. My family and I believe that the restrictions placed upon the amount and frequency of garbage collection and recyclables collection will no doubt increase this issue. 12. The new system should compliment. There have been a few people who have also said that the new system of curbside collection should compliment the old system, be an addition to, not a substitute for. I agree. Weekly collection and return of large centralized blue bins in particular. No bag limits or limits on the amount of recyclables. Should we not be encouraging MORE recycling, not less in a pigeon- hole type system? Our taxes are high, so can we not have high -quality services and more workers on staff to preform them for those high taxes? To summarize; We need tougher, heavier recycling bins with lids, increased collection limits, increased frequency of collection, more types of plastics to be recycled and above all the return of the large blue bins. With regards to the increased collection limits, a better approach would be to simply return to weekly collection of garbage and recycling city-wide, as was the case decades ago. This will aid in reducing illegal dumping, and reduction in rodent populations and thereby disease. Lets make the city cleaner and greener, without laying the burdens on the residents. Best regards, Chris & Melissa Osborne !, , A e L U O N w > fa � �C .E 'C: -0 =3 Q O U m U p O cV +� lD i � � U �c � c O cn m O r. *> O m w u N i O O +-+ W W N m E m oy F- Y f i Ff; P e 8 i p I Y i ••€! oili? a--+ N O E 0 H i m w b€A m m PV N L N O L 0 E Q� N N m F-Ib€A m m m L N bD C6 L C6 bD Ln Q� U X N L 0 H m H m m 9 El Z fa b-0 H m LM V m H O CL E O V tw m m L m tw N tw tw V V LO Ln � C: O m -W O m C: C: 3 N v � � � � O i O i U O o O Ln � O � V / w 'M iz I s 0 ro cq n mmqh—� Lrn MMMM ==a �y J J � r-I —A W Q W vi Q rlm=n00 W LL LL W W lD if1 s*7 nl 9 9 O 9 9 Ln lzr m N 00 r- uO 0 rq C) v� a � co LO 00t11 d Ln tLi J Cl 04 �o Izil N paIaanl(] asnj@,d lelol° {F} r tao b Q) tao r) El "L _r `,rLO LO isodwo jo sauuol w i O c� O O O O O O O0 O0 L a O � N (10 a a 5 N N N LL Qr- }+ CAAtar ~ i .0 ._ m H O V H m H O Ln r-I a W / Q� L.L � .a ~ QH O m � c 0 m }' 0 � U 0� U 08 cB p Q 0 L >` 0 N � N � - N U E fB N > i 0 -1-i Ln o +-' Ln � o a 0 0 a C: r tw Je tw 0 O 0� m 3 s v v V E V O � � O 0 0 — 4-0 , C o U � Q W • • I s N a-J O z L 0 O U O U a €I E U C: N C6 N b.0 0 N _0 O u 4-J _0 N cn O U aN-+ -o E U uJ m -0 0 O N O f6 � Q � -o cn — Z cn oc Z — N r-I 9GIgVF, "�� O / Q y/,JY z M., +j N E N U O 4- w I S M 2 E N Km E E 21, E E 3�a�. aim 'Q•- E a_ a_ SS"o v3 Ec i % O cn � CAA Q D—+ Cr of NCL oc — Q) i Q N — _ N � O CL O N p Q) 70 N O z ca � cn O o a u Rt L N � N U V) Q) L W U 04-0 N o r N i N E U 0 U VE > }+ 4-10 .0 06 E O CL u U O U }' DC N a p ca N tj 4-0 U Ln 3 N V a m L.L ar-N Ln I v l0 • COMMON COUNCIL REPORT M&C No. 2023-77 Report Date March 14, 2023 Meeting Date March 20, 2023 Service Area Strategic Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT. Information Technology Assets, Systems, and Corporate Data Acceptable Use Policy AUTHORIZATION Primary Author I Commissioner/Dept. Head Chief Administrative Officer Stephanie Rackiey-Roach I K. Fudge J. Brent McGovern RECOMMENDATION It is recommended that: 1. That Council rescind its Internet, Asset, and Electronic Email Acceptable Use Policy issued 2008-07-21; and 2. That Council endorse the Information Technology Assets, Systems, and Corporate Data Acceptable Use Policy for the City of Saint John by approving the following policy statement: The City of Saint John ("City") provides an Authorized User with access to the City's Information Technology Assets, Systems, and Corporate Data ("Information Technology Resources") including the Internet for the purpose of delivering City services and advancing the plans, goals, and objectives of the City of Saint John in a responsible, secure, ethical, and legal manner. Prior to accessing Information Technology Resources, all Authorized Users are required to read this policy and acknowledge their agreement to comply with it. Authorized Users must also comply with any training requirements to ensure the safeguarding of Information Technology Resources. EXECUTIVE SUMMARY An acceptable use policy documents practices and constraints that a user must agree to for access to City -owned assets, systems, and data. It is an important document for protecting the organization and employees from security threats and legal action. The City's original policy approved in 2008 has been updated and titled Information Technology Assets, Systems, and Corporate Data Acceptable Use Policy ("Policy"). The Policy was updated to address the evolving nature of information technology and how it is used in delivering public service. The Policy also incorporates best practices to address the changing cyber threat `W -2- environment. All employees and appointments of the City and its agencies, boards, and commissions (ABCs) that are required to use City assets, systems, and corporate data must agree to comply with the Policy through signature and review through the cybersecurity awareness platform. PREVIOUS RESOLUTION May 21, 2008 — RESOLVED that Common Council give approval to the submitted Internet, Asset and Electronic Mail Acceptable Use Policy of the City of Saint John. REPORT An acceptable use policy is a document stipulating practices and constraints that a user must agree to for access to a corporate network or the Internet. Many businesses and organizations require that employees and other users sign an acceptable use policy before being granted access to the corporate network and data. It is an important document that can demonstrate due diligence with regards to the security of the information technology network and the protection of sensitive data in the event of a breach or regulatory audit. It also protects the organization from legal actions. The City has had an acceptable use policy in place since 2008. This policy was reviewed at regular intervals to ensure that practices and constraints outlined in the document protected the City and its users. With the evolving nature of the technology environment and how assets, systems, and corporate data are used to deliver public service, the acceptable use policy has been updated to clearly articulate how City -owned Information Technology resources (including assets, systems, and corporate data) should be used and place a greater emphasis on security. The updated policy is titled Information Technology Assets, Systems, and Corporate Data ("Information Technology Resources") Acceptable Use Policy ("Policy"). The purpose of the updated Policy is to define standards, procedures, and restrictions for Authorized users who have been given access to Information Technology Resources. The Policy outlines the ownership, applicability, responsibilities, monitoring, and compliance for access and use of Information Technology Resources. The Policy applies to all Authorized Users who must access the City's assets (including network), systems (including software), and data to carry out their job responsibilities and deliver public service. This includes any Authorized Users within the City's agencies, boards, and commissions (ABCs) and Common Council. As part of the on -boarding process for new hires or appointment to the City or any of its ABCs, review and sign -off on the Policy is required to provide network access. For current Authorized Users, the Policy will be added to the City's on-line `[:�I -3- cybersecurity training platform for review and acknowledgement. The training platform will notify users of updates and require acknowledgement. Through system and user monitoring, compliance with the policy will be evaluated for Authorized Users. Violation of the policy will be administered in accordance with the City's disciplinary policies and procedures. Sanctions for inappropriate use may result in suspension of access, disciplinary action, and/or legal action. STRATEGIC ALIGNMENT This policy aligns with Council's priorities of Perform. In our performance, we value the best use of our resources, to ensure the City is accountable for results in delivering public service by adhering to plans, policies, procedures, and best practices. The Policy ensures that we are continuously improving to protect the City's information technology assets, systems, and corporate data. SERVICEAND FINANCIAL OUTCOMES The policy is intended to protect the City and its employees while using information technology assets, systems, and corporate data. From a security perspective, safe use of information technology resources reduces the risk of the City experiencing a cyber breach. Response and recovery from a cyberattack can be costly both financially and reputationally. From a functionality perspective, limiting personal use and encouraging care in using information technology creates efficiencies and reduces costs that arise due to damage or legal actions. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The General Counsel Office and Human Resources Team have reviewed the attached policy, providing appropriate input. ATTACHMENTS 1. Information Technology Assets, Systems and Corporate Data Acceptable Use Policy — 2023 2. Internet, Asset, and Electronic Email Acceptable Use Policy - 2008 flW SAINTJOHN Subject: Information Technology Assets, Systems, and Category: Information Technology Corporate Data Acceptable Use Policy Policy No.: COS-ITS-001 M&C Report No.: 2023-77 Effective Date: March 20, 2023 Next Review Date: 2 years Area(s) this policy applies to: Authorized Users of Information Office Responsible for review ofthis Policy: Technology Assets, Systems, and Corporate Data Information Technology Service Related Instruments: Policy Sponsor: Chief Information Officer (CIO) COS-CC-001 Access Policy COS-CC-004 Information Security Policy COS-CC-010 Privacy Policy COS-IT-003 Mobile Device Governance Document Pages: 9 Revision History: Replaces COS-ITS-001 Internet, Asset and Electronic Mail Acceptable Use Policy 2008 Common Clerk's Annotation for Official Record Dateof Passage of Current Framework: I certifythat this Policy Statement was adopted by Common Council as indicate above. City Clerk Date Date Created: Common Council Approval Date: Contact: Chief Information Officer (CIO) Table of Contents 1.0 Policy Statement...............................................................................................................................1 2.0 Definitions.........................................................................................................................................1 3.0 Purpose..............................................................................................................................................3 4.0 Ownership......................................................................................................................................... 3 5.0 Applicability.......................................................................................................................................3 6.0 Responsibilities..................................................................................................................................4 6.1 Authorized Users...........................................................................................................................4 6.2 Authorized Remote Access Users..................................................................................................5 6.3 Personal Use..................................................................................................................................6 6.4 Management/Supervisors.............................................................................................................6 6.5 Information Technology Service....................................................................................................7 6.6 Human Resource Service...............................................................................................................7 7.0 Monitoring.........................................................................................................................................7 7.1 Systems Monitoring......................................................................................................................7 7.2 User Monitoring............................................................................................................................7 8.0 Compliance........................................................................................................................................8 9.0 Disclaimer..........................................................................................................................................9 `[:�/ 1.0 Policy Statement 1.1 The City of Saint John ("City") provides an Authorized User with access to the City's Information Technology Assets, Systems, and Corporate Data ("Information Technology Resources") including the Internet for the purpose of delivering City services and advancing the plans, goals, and objectives of the City of Saint John in a responsible, secure, ethical, and legal manner. Authorized Users include members of Council and employees of the City or any of its agencies, boards, or commissions that receive service Information Technology Resources or service. 1.2 Prior to accessing Information Technology Resources, all Authorized Users are required to read this policy and acknowledge their agreement to comply with it. Authorized Users must also comply with any training requirements to ensure the safeguarding of Information Technology Resources. 2.0 Definitions 2.1 Access: Assigned permission to use Information Technology Assets, Systems, or Corporate Data in some manner to ensure the integrity and security of these Information Technology Resources. 2.2 Authorized User: An individual who is either: a) a member of Council as defined in the Local Governance Act; b) employed by the City, including permanent, casual, and seasonal employees, students, those employed on contract; or c) a board members or employee of the City's agencies, boards, or commissions that receive service from the City's Information Technology Service, that require use of Information Technology Resources to carry out their responsibilities, whether explicitly or implicitly. 2.3 Confidential Information: Information that cannot be shared with the public or other unauthorized individuals as defined under the Local Governance Act SNB 2017, c. 18, the Right to Information and Protection of Privacy Act, SNB 2009, C. R-10.6, as they may be amended from time to time, and other relevant by-laws or legislation (e.g., privileged information, draft by-laws or reports, third -party information, personal identifiable information). 2.4 Corporate Data: Any and all data created or received for furthering the work of the City and its service delivery including, but not limited to, documents, spreadsheets, images, videos, presentations, social media posts, website content, and raw data stored in databases. 2.5 Cyber Hygiene: Practices and steps that users of Information Technology Resources take to maintain system health and improve online security, including any methods identified in any current and future training provided by the City's Information Technology Service. Information Technology Assets, Systems, and Corporate Data Acceptable Use Policy 1 168 2.6 Information Technology Assets: Any piece of software or hardware owned by the City. This includes, but is not limited to, desktop/laptop/workstation computers, monitors, printers, mobile devices, scanners, storage devices, network devices, Internet access, email, and business applications, telephones and voice mail, facsimile machines, and photocopiers. 2.7 Information Technology Resources: Refers collectively to Information Technology Assets, Systems, and Corporate Data. 2.8 Information Technology Service: City's service area that manages the City's networks, devices, software, and Internet for authorized users and enable public service delivery. 2.9 Internet: Large system of connected computers around the world that allows people to share information and exchange data. 2.10 Network: Connection of two or more computer systems, either by cable or wireless connection. 2.11 Printers: Large business machines or desktop units used to print, copy, or scan documents. 2.12 Remote Access: Ability for an Authorized User to access a computer or network from a geographical distance through a wireless network connection. 2.13 Removeable Media: Any type of storage device that can be removed from a computer while the system is running (e.g., USB flash drive or external hard drives). 2.14 Scanners: A business machine or desktop unit used to make electronic copies of documents. 2.15 Software: Set of programs (sequence of instructions) that allows a user to perform a well- defined function or a specified task. 2.16 Software as a Service (SaaS): Internet -based software that processes and stores data online (i.e., cloud). 2.17 System: Collections of multiple Information Technology Resources (e.g., software, hardware, connections, users, and data) working together to gather, process, store, and disseminate information. 2.18 System Monitoring: Continuous review and analysis of the City's Information Technology Resources to assess, maintain, and make improvements to ensure the reliability, security, confidentiality, and integrity of the City's Information Technology Resources. Systems monitoring is not directed at identifiable individuals. 2.19 User Monitoring: Recording, accessing, reviewing or analyzing one or more identified Authorized User's activity on, or use of, the City's Information Technology Resources. Information Technology Assets, Systems, and Corporate Data Acceptable Use Policy 2 169 3.0 Purpose 3.1 The purpose of this Policy is to define standards, procedures, and restrictions for Authorized Users who have been given access to Information Technology Resources. 3.2 This Policy applies, but is not limited to, all Information Technology Resources as defined herein, and include, but are not limited to, the following: a) Corporate Data b) Internet c) Systems d) Software, either local or network install, or Software as a Service (SaaS) e) Computers (e.g., Desktop, Laptop, Workstation, Toughbooks) f) Mobile devices (also subject to the Mobile Device Governance Policy) g) Monitors h) Keyboards i) Power cords, chargers j) Mouse k) Removeable media (limited, approved use) 1) Printers / scanners m) Network infrastructure 3.3 This Policy strives to be comprehensive as it relates to Information Technology Resources; however, it does not address every possible event or violation. Insofar as the Policy does not address a particular event or violation, the appropriateness of the use of the Information Technology Resources shall be measured and evaluated against the general criteria outlined in the Policy. 4.0 Ownership 4.1 The City's Information Technology Resources are the sole property of the City. 4.2 Corporate Data is owned by the City. 4.3 All Authorized Users must provide, when requested by management or delegated staff, specified Information Technology Resources. 4.4 All information and records created or legally acquired using Information Technology Resources are the sole property of the City, with the exception of data created by agencies, boards or commissions and records that are created through the limited personal use as outlined in this Policy. 5.0 Applicability 5.1 This policy applies to all Authorized Users. Employment by the City does not automatically guarantee the initial or ongoing ability to access Information Technology Resources. 5.2 Authorization is only considered for employees that require access to the City's Information Technology Resources for their work for, or on behalf, of the City. Information Technology Assets, Systems, and Corporate Data Acceptable Use Policy 3 170 6.0 Responsibilities 6.1 Authorized Users a) The City's Information Technology Resources are corporate resources and are to be used in accordance with this Policy and other applicable City by-laws, policies, and relevant federal and provincial legislation. b) Authorized Users will exercise good judgment and responsibility when accessing Information Technology Resources. c) Information Technology Resources will be used in an ethical and professional manner. d) Authorized Users are responsible for their use of Information Technology Resources at all times, including non -business hours. e) Information Technology Resources will be used in a manner that safeguards the integrity, privacy, and confidentiality of the City's information Systems and Corporate Data. Examples include, but not limited to: i. Protecting and not sharing password(s) used to access Information Technology Resources. ii. Practicing good Cyber Hygiene when using Information Technology Resources, following Information Technology Service processes put in place for security. iii. Not sharing Confidential Information. iv. Making a request to the Information Technology Service Desk before purchasing Information Technology Resources to ensure security and compatibility assessments are complete. f) Authorized Users exercise reasonable care to protect Information Technology Resources from theft, damage, or illegal access, and against systems designed to disrupt or damage the assets. Examples include, but not limited to: i. Storing Information Technology Resources securely when outside of the workplace. ii. Ensuring unauthorized users are not permitted to use Information Technology Resources. iii. Using Information Technology Resources for their intended purpose. iv. Handling Information Technology Resources with care. g) Any breach to the security of, damage to, or loss of Information Technology Resources shall be immediately reported by the Authorized User to the City of Saint John Information Technology Service Desk and their Manager/Supervisor. h) Authorized Users shall not use any Information Technology Resource not owned by or supplied by the City (including personal email), for the performance of the Authorized User's duties and responsibilities where such use results in a: Information Technology Assets, Systems, and Corporate Data Acceptable Use Policy 4 171 i. Compromise in security of City Information Technology Resources. ii. Breach of provincial or federal legislation, or related City by-laws and policies. iii. Release of Confidential Information. iv. Unnecessary costs incurred by the City required for Authorized Users to access the City's Information Technology Resources remotely. V. Loss of Corporate Data stored on personal devices. Corporate data must be transferred to City Information Technology Resources as soon as possible and deleted from personal storage. i) Unacceptable use of Information Technology Assets includes, but is not limited to: i. Accessing or carrying out any activities that are obscene, lewd, or pornographic. ii. Carrying out any activities that are harassing, embarrassing, discriminatory or defamatory to another individual, employee, or group, or that are not in the best interest of the City. iii. Carrying out any activities that contravene federal, provincial legislation and City by-laws and policies. iv. Activities that will interfere with the normal operations of the Information Technology Assets, including intercepting or altering information transmitted. V. Violating terms of applicable software licensing agreements or intellectual property laws, including installing software without a license. vi. Disclosing or distributing confidential information without authorization or contrary to City policies and by-laws and relevant federal or provincial legislation. vii. Circumventing the City's security schemes and protection. viii. Unauthorized use, infringement, theft, reconfiguration, movement, or relocation of Information Technology Resources. ix. Downloading or installing applications, software, or systems, including accessing those offered as a Software as a Service, that have not been vetted by the Information Technology Service for security, performance, and compatibility. 6.2 Authorized Remote Access Users a) Authorized Users with Remote Access to the City's Information Technology Resources must only connect using authorized methods. Remote Access will be provided through the Information Technology Service after verification that access is safe and will not negatively impact the City's Systems. b) Authorized Users who use the City's Information Technology Resources for telework, must connect to the City's network through secure Remote Access. c) Authorized Users must maintain the privacy, confidentiality, and integrity of Corporate Data accessed through Remote Access, following Information Technology Service processes put in place for security. Information Technology Assets, Systems, and Corporate Data Acceptable Use Policy 5 172 d) All Corporate Data produced, accessed, or altered through Remote Access must be stored on City Information Technology Resources owned or under contract to the City. e) Authorized Users shall not incur any unauthorized costs associated with remotely accessing Information Technology Resources. f) Authorized Users that are working on behalf of the City (e.g., consultant) or guests must comply with the Wi-Fi and External access requests approval process. Remote Access will not be permitted without approval by the City's Chief Information Officer or designate. g) The City retains the right to terminate an Authorized User's Remote Access at any time. 6.3 Personal Use a) Reasonable and limited personal use of Information Technology Resources is permitted, provided that, it: i. Does not interfere with the Authorized User's duties and responsibilities. ii. Is lawful and in compliance with applicable City by-laws and policies, and relevant federal or provincial legislation (e.g., training, volunteering). iii. Does not compromise the security of the City's Information Technology Resources. iv. Is not used for private gain, whether monetary or non -monetary, or advancement or the expectation of private gain. V. Does not result in the City incurring any additional expenses. b) Authorized Users are responsible for properly managing personal files. The City is not liable, nor will it incur any expense to protect or back-up personal files. c) Authorized Users are encouraged to not store their own personal information or personal files on Information Technology Resources. Authorized Users that elect to store their own personal information or personal files acknowledge that they are doing so at their own risk. d) The City's Information Technology Service does not support personal use of City Information Technology Resources or the use of personal devices. 6.4 Management/Supervisors a) Abide by the responsibilities of an Authorized User, Remote Authorized User, and Personal Use. b) Ensure staff are aware of the content and have completed training for this Policy. c) Ensure any changes or amendments to this Policy are adequately communicated to and understood by assigned staff. Information Technology Assets, Systems, and Corporate Data Acceptable Use Policy 6 173 d) Authorize access and access changes for users within their service areas to the City's Information Technology Resources, following Information Technology Service processes put in place for access. 6.5 Information Technology Service a) Establish and communicate processes and standards related to this Policy to ensure Information Technology Resources are running in an efficient and secure manner (e.g., authorize access, installation of new software). b) Security screening and installation of new hardware, software, and related components will be managed at the sole discretion of the Chief Information Officer or Information Technology Service designate. c) Configuration and maintenance of Technology Information Resources that are the responsibility of the Information Technology Service (e.g., network, back-up, software for managing, operating, and securing Information Technology Resources). d) Conduct System Monitoring and User Monitoring set out in this Policy. e) Support any investigations required from a breach, or suspected breach of this policy in consultation with the Human Resources Service. 6.6 Human Resources Service a) Investigate any breaches of this Policy and implement any disciplinary action stemming from such breaches. 7.0 Monitoring 7.1 Systems Monitoring a) The City of Saint John has the right to conduct Systems Monitoring at anytime, at will and in its sole discretion, including the right to filter and quarantine both inbound and outbound content, as may be necessary to protect the integrity, security, confidentiality, or reliability of Information Technology Resources. b) Filtering software and monitoring tools are not designed to, nor can they be expected to, limit access to all objectionable or inappropriate materials or malicious content on the Internet and the failure of such filtering software to block access to such materials in a particular instance is not an answer to the sanctions contemplated by this Policy. c) As part of System Monitoring, the City may recover deleted files and data stored or accessed using the Information Technology Resources. 7.2 User Monitoring a) The City may conduct Authorized User Monitoring, with approval through the Chief Information Officer, if there are reasonable grounds or a reasonable belief based on Information Technology Assets, Systems, and Corporate Data Acceptable Use Policy 7 174 credible information received to support Authorized User Monitoring, including but not limited to: i. An Authorized User is violating this Policy or other City by-laws and policies, or any relevant federal and provincial legislation in their use of Information Technology Resources. ii. An Authorized User is using Information Technology Resources in a fashion incompatible with the Authorized User's job duties or responsibilities. iii. The results from general Systems Monitoring provide reasonable grounds to review a specific Authorized User's activity. iv. The Chief Information Officer determines it necessary to protect and maintain the Information Technology Resources from an immediate or imminent threat. V. The General Counsel determines it necessary to support the City's compliance with legal requirements or defend itself in legal proceedings. vi. For any other legitimate business, corporate or human resources purposes. b) Authorized Users shall not have any expectation of privacy or exemptions from User Monitoring when using Information Technology Resources, including such limited personal use as permitted in accordance with Section 6.3 Personal Use in this Policy. c) If the City discovers activities or has reason to suspect activities which do not follow the applicable law, or policies, business practices or administrative procedures of the City, records respecting the use of Information Technology Resources may be retrieved without prior notification to the Authorized User involved for the purpose of proving and documenting inappropriate use as outlined in this Policy. 8.0 Compliance 8.1 Should activities or suspected activities trigger an investigation, the Authorized User that is the subject of such investigation is obligated to cooperate with any such investigation. The Authorized User may be subject to additional disciplinary or legal consequences should such investigation reveal that steps were taken by the individual under investigation to frustrate or otherwise interfere with the integrity of the investigative process (e.g., altering or deleting data material to the investigation). 8.2 Violations of this Policy will be administered in accordance with the City's disciplinary policies and procedures. 8.3 Sanctions for inappropriate use of Information Technology Resources may include, but are not limited to, one or more of the following: Temporary or permanent cancellation of access to Information Technology Resources. ii. Disciplinary action per established disciplinary policies and procedures up to and including dismissal. iii. Legal action per applicable laws and contractual agreements. Information Technology Assets, Systems, and Corporate Data Acceptable Use Policy 8 175 9.0 Disclaimer 9.1 The City assumes no liability for any direct or indirect damages arising from an Authorized User's connection to and use of Information Technology Resources and assumes no liability for any direct or indirect damages suffered by an Authorized User arising from his or her personal use of the Information Technology Resources. The City is not responsible for the accuracy of information found on the Internet and only enables the accessing and dissemination of information through its Information Resources. Individuals are solely responsible for verifying the accuracy and currency of all material that they access, use, and send through the Internet. Information Technology Assets, Systems, and Corporate Data Acceptable Use Policy 9 176 SAINT JOHN Subject: Internet, Asset, and Electronic Mail Acceptable Use Policy Policy No.: COS-ITS-001 Effective Date: 2008-07-21 Area(s) this policy applies to: All areas Related Instruments: Revision History: Category: Policy M&C Report No.: 2008-207 Next Review Date: (3 years) Office Responsible for review of this Policy: City Manager's Office Policy Sponsor: Document Pages: This document consists of 10 Common Clerk's Annotation for Official eRecord Date of Passage of Amendment to Policy: July 21, 2008 I certify that this Policy was adopted by Common Council as indicated above. Date Created: 2007-07-17 June 7, 2017 Common Clerk Common Council Approval Date: 2008-07-21 Date Contact: City Manager `rrA 1. COUNCIL RESOLUTION 2. COUNCIL REPORT 3. POLICY TABLE OF CONTENTS `IIf:] POLICY — INTERNET ACCEPTABLE USE POLICY Common Council Meeting — July 21, 2008 RESOLVED that Common Council give approval to the submitted Internet, Asset and Electronic Mail Acceptable Use Policy of The City of Saint John. His Worship Mayor Ivan Court And Members of Common Council Your Worship and Members of Council: SUBJECT: INTERNET ACCEPTABLE USE POLICY As Council is aware, the City of Saint John, not unlilce many other progressive organizations is becoming increasingly dependent on the availability of technology. Almost every city employee and elected official has access to what the attached policy refers to as "Internet Resources and City Assets " Given the level of investment in all forms of such technology and the access that is provided, staff i is recommending that the attached policy be approved to add clarity and direction with respect to the acceptable use of such technology. RwommENDATIom That Common Council give approval to the attached "Internet, Asset and Electronic Mail Acceptable Use Policy of the City of Saint John. " omitted, T nce L. otten, l~CA MANAGER Attachment `E:ii1 Internet, Asset and Electronic Mail Acceptable Use Policy of The City of Saint John ,Purim The goals of this policy (the "Policy") are to outline appropriate and inappropriate uses of The City of Saint John's (the "City") Internet resources, including, but not limited to, the use of browsers, electronic mail, file uploads and downloads (collectively the "Internet Resources") as well as any and all physical assets/ equipment owned by the City that may be assigned to an individual and used to access the Internet and/or electronic mail (lap -top computers, desk -top computers, portable internet devices, etc.) (collectively the "City's Assets"). The terms and conditions of the Policy require strict adherence. Any infraction thereof may result in disciplinary sanctions up to and including dismissal as well as other legal actions and consequences. The Policy strives to be comprehensive as it relates to Internet Resources and the City's Assets; however, it does not address every contingency or possible event/violation. Insofar as the Policy does not address a particular contingency N or event, the appropriateness of the use of the Internet Resources or the City's r Assets is to be measured and evaluated against the general criteria outlined in the Policy_ Your Account Internet Resources at the City are controlled through the creation and assignment of individual accounts and passwords. In creating such an individual account, the individual selects a confidential password that is not to be disclosed to or otherwise shared with other employees of the City or other individuals or third party organizations more generally. Each user of Internet Resources or the City's Assets is required to read the Policy and sign the within Use Agreement prior to receiving an Internet access account and password or being assigned one of the City's Assets. Internet Resources are most often accessed and used through the City's Assets; however, this Policy extends to the use of Internet Resources without the use of City Assets. It also applies to using the City's Assets to access the Internet without using the Internet Resources (for example, accessing the Internet via home or hotel Internet services using one of the City's Assets). Page 1 liF:1il ti The Policy establishes the standards to which the use of the Internet Resources and the City's Assets is to be held; however, from time to time it may be necessary for specific departments to deviate from the Policy to address legitimate operational requirements unique to that department. In all circumstances, the manager in charge of each department (hereinafter the "Departmental Manager") Is responsible for the following: 1. In conjunction with the Manager of Information Technology, the Departmental Manager shall ensure that the expectations set out in the Policy are conveyed to all employees In his or her department and that the most current version of the Policy is posted in an area of his or her Department where it is readily accessible to all employees. 2. Should the Departmental Manager deviate from the Policy for the purpose of addressing legitimate operational requirements unique to his or her department, he or she shall convey to all employees in his or her department, in writing, the extent to which the Policy has been varied to address such legitimate operational requirements. Appropriate Use co r Individuals at the City are encouraged to use Inrternet Resources and the City's Assets to further the goals and objectives of City. The types of activities that are encouraged include, but are not limited to: 1. Communicating with fellow City employees, business partners of the City, clients of the City and other third parties within the scope of an individual's assigned duties and responsibilities; 2. Acquiring or sharing information that is necessary for, or related to, the performance of an individual's assigned responsibilities; and 3. Pardcipating in educational and/or professional development activities. Inappropriate Use Individual use of the Internet Resources shall not interfere with others' productive use of Internet Resources. Individuals shall not violate the network policies of any network accessed through their account. The use of Internet Resources and the Page 2 iiF:3O� City's Assets shall comply with all Federal and Provincial laws, all policies, business practices and administrative procedures of the City, the City's Mission Statement and all contracts between the City and third parties. This includes, but is not limited to, the following: 1. Internet Resources may not be used for illegal or unlawful purposes, including, but not limited to, copyright infringement, obscenity (including the hosting, dissemination or viewing of pornographic, violent or hateful Images in any form), libel, slander, fraud, defamation, plagiarism, harassment, intimidation or threats, forgery, impersonation, on-line gambling or gaming, soliciting for illegal pyramid schemes, invasion of privacy, and computer tampering (including the spreading of computer viruses, activities commonly known as "hacking" or the illegal downloading or "pirating" of proprietary software, information or programming). 2. Individuals should limit their personal use of Internet Resources and the City's Assets. The City allows limited personal use of Internet Resources and the City's Assets for communication with family and friends, independent leaming, and public service; however, this constitutes a revocable privilege, not a right. The City, however, strictly prohibits the use of Internet Resources and the City's Assets for mass unsolicited r electronic mailings, access to Internet Resources or the City's Assets by individuals who are not employees of the City or the use of Internet Resources for the purpose of uploading and/or downloading files for personal use, accessing pornographic or other objectionable sites, gaming, competitive commercial activity unless pre -approved by the Departmental Manager, the dissemination of chain letters and participation in any peer -to -peer network, unless approved by the Manager of Information Technology. 3. individuals may not view, copy, alter, or destroy data, software, documentation, or data communications belonging to the City or any other Individual without prior authorization or permission. In addition, individuals may only access those files and materials on the City's network to the extent necessary to carry out the performance of their assigned duties and responsibilities. 4. In the interest of maintaining network performance, users should not send unreasonably large electronic mail attachments or video files that are not needed for business purposes. Page 3 iiF:ic3 �yrc, Securit For security purposes, users may not share account or password information with another person. City Internet accounts, Internet Resources and the City's Assets are to be used only by the assigned user of the accounttasset for the purposes authorized in the Policy. Attempts to obtain another user's account password are strictly prohibited. Any user of a City Internet account who has reason to believe that an unauthorized person has learned his or her password is under a positive obligation to immediately contact the service desk to obtain a new password. Users shall take all necessary precautions to prevent unauthorized access to Internet Resources or the City's Assets. Failure to Comply Violations of the Policy will be treated like other allegations of wrongdoing at the City. Allegations of misconduct by misuse of the Internet Resources or the City's Assets will be adjudicated according to established disciplinary policies and procedures. Sanctions for inappropriate use of Internet Resources or the City's Assets may include, but are not limited to, one or more of the following: r 1. Temporary or permanent revocation of access to some or all Internet Resources and/or the City's Assets; 2. Disciplinary action in accordance with established disciplinary policies and procedures up to and including dismissal; and/or 3. Legal action in accordance with applicable laws and contractual agreements. Monitoring and Filtering The City may monitor any use of Internet Resources or the City's Assets. The City currently uses filtering software to limit access to identified sites on the Internet (including web -based electronic mail accounts, Facebook and other online networking forums, and several generically identified websites containing objectionable or inappropriate materials). This filtering software is not designed to, nor can it be expected to, limit access to all objectionable or inappropriate materials on the Internet and the failure of such filtering software to block access Page 4 to such materials in a particular instance is not an answer to the sanctions contemplated in the Policy. If the City discovers activities or has reason to suspect activities which do not comply with the applicable law, or policies, business practices or administrative procedures of the City, records respecting the use of Internet Resources and the City's Assets may be retrieved without prior notification to the individual involved for the purpose of establishing and documenting inappropriate use of Internet Resources or the City's Assets. Should activities or suspected activities trigger an investigation, the individual that is the subject of such investigation Is obligated to cooperate with any such investigation and may be subject to additional disciplinary or legal consequences should such Investigation reveal that positive steps were taken by the individual under investigation to frustrate or otherwise interfere with the integrity of the investigative process (by, for example, altering or deleting data that is material to the investigation and that would implicate an individual respecting her or his inappropriate use of Internet Resources or the City's Assets). Disclaimer m r The City assumes no liability for any direct or indirect damages arising from the user's connection to and use of Internet Resources or the use of the City's Assets and, in particular, assumes no liability for any direct or indirect damages suffered by a user arising from his or her personal use of the Internet Resources or the City's Assets. The City is not responsible for the accuracy of information found on the Internet and only facilitates the accessing and dissemination of information through its systems. Individuals are solely responsible for verifying the accuracy and currency of any and all material that they access, use and disseminate through the Internet. We encourage Individuals to use the Internet Resources and the City's Assets responsibly. Should you have any questions regarding the Policy, contact the City's Manager of Information Technology. Internet. Asset and Electronic Mail Acceptable Use Policy User Aareernent I hereby acknowledge that I have read and understand the Policy, having signified such reading and understanding of the Policy by initialing the bottom right hand corner of each page thereof and signing below. I hereby agree to abide by the Policy and, to the extent possible, to ensure that individuals working under my supervision conduct their use of Internet Resources and the City's Page 5 iiF:16'7 Assets in a manner consistent with the Policy. I understand that if I violate the Policy, I may face disciplinary action up to and including dismissal or other legal action. I recognize that the law and associated policy regarding the acceptable use of the Internet and electronic mail are continually evolving. Therefore, I understand that my regular review of the Policy is required to ensure that I am apprised of any changes thereto. I hereby agree to indemnify and hold the City and its officers, trustees, employees, and agents harmless for any loss, damage, expense or liability resulting from any claim, action or demand arising out of or related to my own inappropriate or unauthorized use of Internet Resources or the City's Assets, including reasonable legal fees. Such claims shall include, without limitation, those based on trademark or service mark infringement, trade name infringement, copyright infringement, unfair competition, defamation, unlawful discrimination or harassment, and invasion of privacy. Name of User (printed): Signature of User: Name of Witness (printed): Signature of Witness: Date: Note: To be Included in employee's Human Resources personnel file n n T Page 6 IiE:1-1 From: City of Saint John, New Brunswick To: Common Clerk Subject: Webform submission from: Submission to Council Form Date: March 8, 2023 8:48:48 PM [ External Email Alert] "Please note that this message is from an external sender. If it appears to be sent from a Saint John employee, please forward the email to spamsample@saintjohn.ca or contact IT Service Desk at 649-6047. * * Submitted on Wed, 03/08/2023 - 20:48 Submitted by: Anonymous Submitted values are: About Person/Group Submitting First name Hodges Last name Hamm Name of organization/group (where applicable) The Naval Reserve Centennial Gala Committee Mailing Address C/O HMCS BRUNSWICKER 1 Navy Way Saint John. E2K516 Telephone 506-636-2998 Email hodgeshamm1(@gmail.com If you do not wish to have your personal information (address, phone number, email) become part of the public record, please check this box. No `RYA About your Submission Topic of submission HMCS BRUNSWICKER & The Brunswicker Alumni will be hosting a Centennial Celebration for HMCS BRUNSWICKER & The Naval Reserves of Canada. The Gala will be held at the Hilton Trade & Convention Center Saturday, April 29th, 2023 starting at 6 PM. Purpose for submission (what is the ask of council): The Committee would like to ask the City of Saint John Mayor & Council to consider purchasing two tables of 8 each for the event which is to honor the contributions of the Canadian Naval Reserves and HMCS BRUNSWICKER for the past 100 years. A separate brochure of the event will be sent to the Mayor via email which will fully explain what the event will consist of. Executive summary To request for the City of Saint John to purchase two tables of 8 for the event at a cost of $1600.00. This will contribute to the cost of the rental of the Trade & Convention Center which was a cost that was not anticipated by the Committee as it was thought that the facilities would be included with the costs of the meal from the Hilton. `E:1:3 f ti Naval Rese Centennial - a :a n ** Don rd a & the 's I o n-a rchs ConinianderTom Waits. CD C o Fnmu fidi nip ff rcer o f -HM CS 8 nw n s wicA c r, wo uN like 10 forma -fly M V41it you 10 c el#hrake 6f c o nferinpul of Me Naval Rejerve OMd H CS S.ruMS r!A—tT 3 COUfS8 Mftal (Options: chicken Supreme; Salmon Filet- Roast Loin of Pare' Vegetarian Hilton Trade Center -, Saint John 100 per ticket by April 15, Me a's e I urWat d YoU r 0 ayMehl by E -T tanse� I RSVP - Bevan, 00 Brl enPforc*s.9.c,c a 0 189 � From: City of Saint John, New Brunswick To: Common Clerk Subject: Webform submission from: Request to present to council form Date: March 13, 2023 2:02:56 PM [ External Email Alert] "Please note that this message is from an external sender. If it appears to be sent from a Saint John employee, please forward the email to spamsample@saintjohn.ca or contact IT Service Desk at 649-6047. * * Submitted on Mon, 03/13/2023 - 14:02 Submitted by: Anonymous Submitted values are: About Person/Group Presenting First Name: Laura Last Name: Gatien Name of Organization/Group (where applicable): Just Us; We all Struggle Inc Address: 307 Westmorland Road Saintjohn, New Brunswick. E2J2G2 Canada Day Time Phone Number: 5069773146 Email laurana lauragatien.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 iIRX About your Request Topic of Presentation: New mental health charitable non profit Purpose for Presentation (what is the ask of Council): Inform council and members of the community of our new charitable non profit that has partnered with Laura Gatien & associates to provide the outreach, strategy and fundraising to grow and sustain the low cost & free counselling programs we've been offering since 2019. Background Information: https://www.thewave.ca/2023/03/10/non-profit-looks-to-expand-affordable-counselling-services/ ` OS M&C No. 2023-73 Report Date March 14, 2023 Meeting Date March 20, 2023 Service Area General Counsel SUBJECT. Potential Purchase of Lands by Kelson & Kelson in McAllister Industrial Park EXECUTIVE SUMMARY OF COMMITTEE OF THE WHOLE REPORT FOR OPEN SESSION OF COUNCIL Kelson & Kelson (K&K) is a local industrial services contractor that is experiencing significant growth. They have outgrown their recently expanded building. City staff have been approached by the client to help assist in finding a land solution. COUNCIL RESOLUTION That the City enter into an Agreement of Purchase and Sale with Kelson & Kelson Ltd., in the form as presented to Committee of the Whole at its meeting held March 20, 2023, for the purchase of approximately 7 acres of land in the McAllister Industrial Park, and that the Mayor and Common Clerk be authorized to execute the said Agreement of Purchase and Sale and any other documents necessary to effect the transaction. ■■04 M&C No. 2023-68 Report Date March 13, 2023 Meeting Date March 20, 2023 Service Area General Counsel SUBJECT. Rehabitat Inc. Boar's Head Road Development — 2nd Option Extension EXECUTIVE SUMMARY OF COMMITTEE OF THE WHOLE REPORT FOR OPEN SESSION OF COUNCIL In January of 2022 the City granted an Option to purchase to Rehabitat Inc. ("Rehabitat") for a parcel of City owned land located off Boar's Head Road for an affordable housing development. The original term of the Option was originally set to expire January 31, 2023, but the parties agreed to extend it to March 31, 2023. Rehabitat has requested a further three-month extension to June 30, 2023. COUNCIL RESOLUTION That the City enter into the Amended and Restated Option Agreement with Rehabitat Inc. in the form as presented to Committee of the Whole at its March 20, 2023 meeting to extend the term of the original Option Agreement to June 30, 2023, and that the Mayor and Clerk be authorized to execute the Amended and Restated Option Agreement and any other documents ancillary thereto, or necessary to complete the transaction. liR31