The URL can be used to link to this page

2017-05-01_Agenda Packet--Dossier de l'ordre du jour City of Saint John Common Council Meeting Monday, May 1, 2017 Committee of the Whole 1. Call to Order Si vous avez besoin des services en français pour une réunion de Conseil communal, veuillez contacter le bureau du greffier communal au 658-2862. Each of the following items, either in whole or in part, is able to be discussed in private pursuant to the provisions of subsection 10.(2)(4) of the Municipalities Act and Council / Committee will make a decision(s) in that respect in Open Session: th 4:30 p.m., 8 Floor Boardroom, City Hall 1.1 Financial Matter 10.2(4)(c) 1.2 Land Matter 10.2(4)(d) 1.3 Personnel Matter 10.2(4)(j) Ville de Saint John Séance du conseil communal er Lundi 1 mai 2017 18 h, Salle du conseil Comité plénier 1. Ouverture de la séance Si vous souhaitez obtenir des services en français pour une séance du conseil communal, veuillez communiquer avec le bureau du greffier communal au 658-2862. Chacun des points suivants, en totalité ou en partie, peut faire lobjet dune discussion en privé en vertu des dispositions prévues à larticle 10 de la Loi sur les municipalités. Le conseil/comité prendra une ou des décisions à cet égard au cours de la séance publique : e 16 h 30 Salle de conférence, 8 étage, hôtel de ville 1.1 Question financière alinéa 10.2(4)c) 1.2 Question relative aux biens-fonds alinéa 10.2(4)d) 1.3 Question relative au personnel alinéa 10.2(4)j) Séance ordinaire 1. Ouverture de la séance 2. Adoption du procès-verbal 3. Adoption de lordre du jour 4. Divulgations de conflits dintérêts 5. Questions soumises à lapprobation du conseil 5.1 Logiciel de réservations dinstallations de loisirs (recommandation figurant au rapport) 5.2 Demande relative au Fonds en fiducie relatif aux terrains dutilité publique pour le projet de terrain de jeu de lécole Island View (recommandation figurant au rapport) 5.3 Association des évaluateurs immobiliers du Nouveau-Brunswick (recommandation : accepter à titre informatif) 5.4 D. Burt Maisons « jelly beans » (recommandation : accepter à titre informatif) 5.5 D. Cosman Détérioration de la route sur lallée Baywatch (recommandation : transmettre au directeur général) 5.6 Résidents de lallée New Albert Court Lettre de remerciements pour la démolition du bâtiment abandonné (recommandation : accepter à titre informatif) 5.7 Date prévue dune audience publique visant les 17-19, rue St. James (recommandation figurant au rapport) 5.8 Rapport du Comité consultatif durbanisme Demande daménagement de lotissement 483 et 487, chemin City Line (recommandation figurant au rapport) 5.9 Rapport du Comité consultatif durbanisme Demande daménagement de lotissement 145, avenue Lansdowne (recommandation figurant au rapport) 5.10 Rapport du Comité consultatif durbanisme Demande daménagement de lotissement de Galbraith Construction Ltd. 26-44, promenade Royal (recommandation figurant au rapport) 5.11 Services dingénierie Programme de comptage de district 2017 (recommandation figurant au rapport) 5.12 Modernisation du système SCADA (recommandation figurant au rapport) 5.13 Séance informative publique : modernisation du réseau dégout pluvial du boulevard Fairville (du chemin Linton à lavenue Plaza, et lémissaire) et du canal du ruisseau Manawagonish (recommandation : accepter à titre informatif) 5.14 Séance informative publique : réfection des voies darrêt des autobus de la rue King conseil (recommandation : accepter à titre informatif) 5.15 Financement de la Société de développement régional (SDR) Fenêtres du centre communautaire Carleton (recommandation figurant au rapport) 5.16 Logo secondaire à utiliser sur les articles commerciaux promotionnels (recommandation figurant au rapport) 6. Commentaires présentés par les membres 7. Proclamation 7.1 Semaine de la santé mentale de lAssociation canadienne pour la santé er mentale (ACSM) du 1 mai au 7 mai 2017 7.2 Semaine nord-américaine de la sécurité et de la santé au travail du 7 au 13 mai 2017 7.3 Semaine de la sécurité civile du 7 au 13 mai 2017 8. Délégations et présentations 9. Audiences publiques 18 h 30 9.1 Projet de rezonage et modification de larticle 39 307, chemin Westmorland 9.1.1 Projet de modification de lArrêté de zonage et modification de larticle 39 (première et deuxième lectures) 9.2 Projet de modification de lArrêté de zonage visant les installations de production de marijuana thérapeutique 9.2.1 Modification de lArrêté de zonage visant les installations de production de marijuana thérapeutique (première et deuxième lectures) 10. Étude des arrêtés municipaux 11. Interventions des membres du conseil 12. Affaires municipales évoquées par les fonctionnaires municipaux 12.1 280, rue Main (NID 374330) 12.2 Modifications à larrêté procédural du conseil communal (première et deuxième lectures) 12.3 Politique dappels doffres relatifs aux contrats de construction 13. Rapports déposés par les comités 14. Étude des sujets écartés des questions soumises à lapprobation du conseil 15. Correspondance générale 15.1 J. Bezanson Récupération architecturale des maisons « jelly beans » 15.2 M. Côté Protocole dentente concernant les Jeux de lAcadie 16. Ordre du jour supplémentaire 17. Comité plénier 17.1 Licences de divertissement (spectacles exotiques) 17.2 Vente de tronçons de biens immobiliers de la Ville à Baxters Corner, y compris la maison de lancien concierge et une parcelle de terrain adjacente à la maison 17.3 Contrat de travail avec Stephen D. Carson 18. Levée de la séance COUNCIL REPORT M&C No. 2017-109 Report Date April 21, 2017 Meeting Date May 01, 2017 Service Area Transportation and Environment Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Recreation Facility Booking Software OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Lori Lambert and Michael Hugenholtz Jeff Trail RECOMMENDATIONS Your City Manager recommends: 1) That the City enter into a three (3) year Software as a Service Master Agreement with Maximum Solutions Inc. for the purpose of accessing and using its software in the form attached to M&C 2017-109. 2) That the Mayor and Common Clerk be authorized to execute the necessary contract documents. EXECUTIVE SUMMARY The software used by City staff for several years (Class) to book various recreation facilities is being phased out. Support from the software company is ending December 2017. With this in mind, staff researched and compared various facility booking software solutions. The recommended software (MaxGalaxy) will deliver enhanced capabilities to maximize efficiency for staff and facility users, particularly with respect to scheduling, communications, reporting and financial transactions. PREVIOUS RESOLUTION n/a STRATEGIC ALIGNMENT The acquisition of MaxGalaxy aligns with PlaySJ. The software allows users to view facility availability online. It has the capability to allow users to book and - 2 - pay for facility use online, with these features and other potential opportunities implemented in a phased approach. operational efficiencies. REPORT tion Division manages facility bookings for four (4) arenas, fifteen (15) ballfields, eighteen (18) multipurpose fields and eight (8) tennis courts. Over 115 user groups book these facilities. Over $900,000 in revenue is generated each year through booking of these facilities. Staff researched and evaluated four facility booking software solutions. It was determined that the MaxGalaxy product from Maximum Solutions presents the best product offerings to meet our needs at the best price. MaxGalaxy is a cloud-based software that allows staff to manage and schedule facilities from any location with internet accessibility. For staff, its visual, easy- to-use platform will improve efficiency. MaxGalaxy offers multiple features that will streamline processes to eliminate duplication, reduce paperwork, and improve overall efficiency. It also analyzes and generates usage statistics and other useful reports. For customers and citizens, MaxGalaxy can be easily integrated into the City of Saint John website to allow for quick, at-a-glance access to schedules to better coordinate available facilities. SERVICE AND FINANCIAL OUTCOMES Upon approval of this report, the City would enter into a 3-year agreement with Maximum Solutions. Year 1 costs include product set-up, training, and usage fees totaling $8,300 US (approx. $11,100 Canadian as of April 7). An annual usage fee of $3,300 US (approx. $4,425 Canadian as of April 7) would follow in the second and third years of the agreement. Funding was included in the 2017 General Fund Operating Budget for purchase of new recreation facility booking software. The cost to acquire MaxGalaxy is INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Staff from Purchasing, Legal, Finance, and Information Technology provided input for this report. - 3 - Management support the recommendation being put forth. ATTACHMENTS 1. Max Galaxy Price Proposal 2. Canadian Standard Software as a Service Master Agreement - 4 - Maximum Solutions, Inc. 4570 W 77th St, Suite 365 Edina, MN 55435 Date Price Proposed By: Price Proposed For: Maximum Solutions Wednesday, April 05, 2017 City of Saint John Myles McTavish Valid thru: Lori Lambert 763-235-2350 6/4/2017Saint John, NB mmctavish@maxsolutions.com 506-658-4521 lori.lambert@saintjohn.ca Special Notes or Comments: MaxGalaxy cloud based software is a monthly subscription service. Unless specified, Maximum Solutions requires new customers to sign and pay 12 months of hosting fees upfront. Additional discounts apply for longer approved contracts. Initial Setup and Configuration Costs Price Setup and Configuration of MaxGalaxy Core System $ 1,500 Project Management $ 1,500 Total Initial Setup and Configuration Costs $ 3,000 Concurrent Application Module and Monthly Costs Monthly Costs Users Hosted Core Applications Include: Facility Scheduling Up to 5 $ 100 Additional Applications Include: Notes Website Integration $ 100 Credit Card Processing Requires a payment gateway, see additional items below General Ledger Exporting $ 50 Mass E-mail *If purchasing, see Amendment A. Email volume: 25,000 $ 25 Customer Web Portal INC Online Account Mgmt/Payments INC Online Facility Requires Facility Scheduling INC Online Programs/ League Registration Requires Activity Registration and/or League Scheduling INC NOTE: The online customer portal requires payment by EFT, so credit card is required Total Monthly Costs $ 275 Training Costs Price Application Training $ 2,000 *If onsite, the client is responsible for the travel costs (hotel, car, airfare, etc.) that apply. Total Training Costs $ 2,000 - 5 - Additional Items Qty Price 100% Compliance Compliant environment *Above pricing is with keeping your current credit card processer. If you do hosting services with Vantiv Integrated Payments (NXGEN in Canada) they will waive these montly costs. You can also take in-house credit card payments as well, just simply add a PCI compliant swipe device: Start @$259.00 + $10 s/h. Computer Hardware: Click here to view our approved hardware. Total Additional Costs $ - Total Investment Summary & Breakdown $ 3,000 Summary & Budgeting Total Setup and Configuration Costs $ 275 Monthly Costs Per Yr (12 month prepay) Monthly Costs $ 3,300 $ 2,000 $ 3,300 Total Training Costs Yearly Prepay Final Cost (in USD) $ 8,300 Customer Signature Customer Title Date - 6 - Software as a Service Master Agreement Version 1.2 This Software as a Service (SaaS) Master Agreement reement) is between Maximum Solutions, Inc. th aximum Solutions), a Minnesota corporation, with a principal place of business at 4570 W. 77Street, Ste 365, Edina, MN 55435, and the entity whose name appears on the signature page of this Agreement as the Customer and is made as of the date signed by Maximum Solutions on the signature page of this Agreement Effective Da Maximum Solutions and Customer agree that the provisions of this Agreement apply to Maximum Solutions provision of Services to Customer, except as otherwise provided on an Order placed in connection with this Agreement. 1. Definitions In this Agreement, the words ou you and Customer mean the person or entity named on the signature page of this Agreement as the Customer, and includes any authorized subcontractor, agent or consultant acting on its behalf. The words we s ou and Maximum Solutions each mean Maximum Solutions, Inc. The term Customer Dat has the meaning given in Section 14 of this Agreement. The term Documentation means user guides, manuals and release notes for the Services. Orde means Maximum Solutions standard form or Statement of Work for ordering the Services. Services means the services provided by Maximum Solutions hereunder. The term Software refers to the MaxGalaxy suite of application software products. 2. Grant; Use Subject to the terms of this Agreement, we grant you and you accept a non-exclusive, non-perpetual, terminable and non-transferable right, except as provided in Section 9, to access and to use the Services for you and your subsidiaries and affiliates internal business purposes. You are responsible for the acts and omission of your subsidiaries, affiliates, subcontractors, agents and consultants with respect to their use of the Services and this Agreement, and all such acts or omissions shall be deemed acts or omissions on your part. Your rights under this Agreement will automatically terminate upon expiration of or termination of this Agreement. Subject to the restrictions on use as set forth herein, Customer will have access to the Software and Maximum Solutions' application server for the purpose of using the software for its intended purpose and in accordance with the specifications set forth in any documentation relating to the Software provided by Maximum Solutions. Such use and access will be continuous on a 24/7 basis except for interruptions by reason of maintenance or downtime beyond Maximum Solutions reasonable control. The Customer understands that the reliability of the Internet and of connections to and from the Internet may be affected by factors beyond the control of Maximum Solutions; because of this, it is impossible for Maximum Solutions to guarantee that the service will be uninterrupted, that the Customer will be able to properly access and use the Software, or that the software will be provided without error. Maximum Solutions, Inc. | MaxGalaxy Software as a Service Master Agreement (Ver 1.2) Page 1 - 7 - 3. Ownership; Reverse Engineering; Restrictions (a) Maximum Solutions and its suppliers retain all title and ownership to the Services. Maximum Solutions and its suppliers reserve all rights in the patents, copyrights, trade secrets and other intellectual property in the Services. You may not use the Services to provide time sharing services or operate a services bureau for third parties. (b) You may copy the Documentation solely to facilitate your use of the Services in accordance with, and subject to, the terms and conditions contained herein. (c) You understand that the Services and Documentation and the terms and pricing under this Agreement constitute valuable properties and trade secrets of Maximum Solutions, which are proprietary and confidential. You agree to maintain the confidentiality of such information and to protect the information to the extent permitted under Minnesota law as a trade secret by preventing unauthorized copying, use or disclosure of such information. In doing this you agree to maintain at least the same procedures that you maintain with respect to your own confidential information, which shall not be less than reasonable care. You may not disclose the Services or Documentation to a competitor of ours or disclose results of any benchmark test of the Services to any third party without Maximum Solutions prior written approval. Maximum Solutions will likewise keep all Customer Data confidential in like manner and not disclose to third parties. (d) You may not remove, alter or destroy any proprietary, trademark or copyright notices placed upon or contained within the Documentation. You acquire no rights of any kind in or to any trademark, trade name, logo or product designation under which the Services are marketed and you may not make any use of the same for any reason. (e) You agree not to reverse engineer, modify, decrypt, extract, disassemble, copy, or decompile the Services, or permit anyone else to. (f) You will promptly notify us upon becoming aware of any unauthorized use of any Services or Documentation. 4. Charges and Payment Except as otherwise set forth in an Order (i) the recurring Services fees (Recurring Fees) delineated on an Order are due and payable monthly in advance, and (ii) any applicable setup fee (Initial Setup Fee) as delineated in an Order is due and payable within 30 days following the date of the Order. Any additional charges for services not covered by the Recurring Fees or Initial Setup Fee shall be due and payable within 30 days from the date of your receipt of an invoice. All undisputed sums due under this Agreement will be paid by you (without any set off or deduction) within 30 days from the date of your receipt of an invoice. You shall pay all applicable taxes, duties or levies at the then prevailing rate. Any late payment charges arising out of your late payment of taxe s (other than income taxes payable by Maximum Solutions), duties or levies shall be payable by you. 5. Equipment and Third Party Software Certain software provided by Licensor may require that the Licensee purchase certain computer hardware or software from third parties. The list of recommended hardware or software may be updated by Licensor from time to time. The Licensee will be responsible for the selection, purchase and maintenance of such hardware and software. Maximum Solutions, Inc. | MaxGalaxy Software as a Service Master Agreement (Ver 1.2) Page 2 - 8 - 6. Limited Warranty (a) (i) We warrant that the Services will substantially conform to and operate according to our then current Documentation under normal use. We further warrant to you that the Services will not contain any contaminants, including any codes or instructions that may be used to access, modify, delete, damage or disable your computer systems. (ii) Maximum Solutions warrants that the Services performed under this Agreement will be performed in a professional and workmanlike manner, using generally accepted industry standards, by trained and skilled personnel in accordance with the Service Level Agreement applicable to the Services (if any); provided, however, that Maximum Solutions will not be liable for violation of any applicable law, rule or regulation or any third party claim associated with the Customer Data unless unlawfully used or disclosed by Maximum Solutions. (iii) Maximum Solutions warrants that Maximum Solutions will protect the confidentiality of the Customer Data transmitted or stored by Customer, and/or persons under Customers control through any Service provided hereunder and warrants that Maximum Solutions will take all reasonable precautions and actions to avoid a breach of the security of the Customer Data transmitted or provided by Customer under this Agreement. (b) The foregoing warranty shall commence the Effective Date and continue through the remainder of the term of this Agreement. As our sole liability to you in the case of a breach of the warranty set forth in (i) Section 6(a)(i), we will use commercially reasonable efforts to repair the Services with respect to any error, non-conformity or defect so that the Services can be used substantially in accordance with the specifications set forth in the Documentation; and (ii) Section 6(a)(ii), to provide the services level credits pursuant to the policy outlined in the applicable Service Level Agreement. We do not warrant that the Services will meet your requirements or will operate uninterrupted or error free. (c) EXCEPT FOR THE EXPRESS WARRANTY IN SECTION 6(a), THE SERVICES ARE PROVIDED AS IS, AND TO THE FULLEST EXTENT PERMITTED BY LAW, Maximum Solutions AND ITS SUPPLIERS EXCLUDE ALL OTHER EXPRESS AND IMPLIED TERMS, WARRANTIES OR REPRESENTATIONS REGARDING THE SERVICES ARISING BY LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED TERMS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Some jurisdictions do not allow for the exclusion or limitation of implied warranties, so the above limitations or exclusions may not apply to you. 7. Indemnification At our expense we will defend, indemnify and hold you harmless against any third party claim that the Services infringe a patent, trademark, copyright or other intellectual property right enforceable in any country in which Maximum Solutions or its affiliated companies have operations in accordance with this Agreement. We will pay all costs, damages and attorney's fees that a court finally awards as a result of such claim. But you must give us prompt written notice of the claim, cooperate fully with us in its defense, and give us sole authority to control the case and any related settlement negotiations. We will not be responsible for any settlement made without our written consent. Our obligations under this Section do not apply if a claim is based on the use of Custome content. If a third party infringement claim is sustained in a final judgment from which no further appeal is taken or possible, or if your use of the Services is enjoined by a court, then we shall, in our sole reasonable election and expense, either: (i) procure your right to continue to use the Services in accordance with this Agreement; (ii) replace or modify the Services to make them non-infringing; or (iii) if (i) and (ii) are not reasonably feasible, terminate this Agreement and refund to you the Initial Setup Fee and, in addition, any other fees paid by you Maximum Solutions, Inc. | MaxGalaxy Software as a Service Master Agreement (Ver 1.2) Page 3 - 9 - during the 3-month period then preceding the termination. Other than as provided in this Section, you and your affiliates, subsidiaries and representatives shall have no other remedy against us arising from a claim of actual or alleged infringement of intellectual property rights respecting the Services. 8. Limitation of Liability (a) The parties agree that, to the fullest extent permissible under law, in no event shall a party, and in the case of Maximum Solutions, its suppliers, be liable to the other for any direct or indirect loss of profits or any incidental, consequential, indirect, special or punitive damages (including without limitation lost savings, loss of use or loss of data) arising out of or related to this Agreement or with respect to the installation, use or operation of the Services, whether in contract, tort, negligence or other form of action even if the party has been apprised of the possibility of such damages. This Section shall apply notwithstanding any failure of essential purpose of any limited remedy. (b) The parties hereto specifically agree that except for amounts properly payable to Maximum Solutions hereunder, the total liability of either party to the other for damages under this Agreement shall not exceed an amount equal to the Initial Setup Fee and, in addition, any other fees paid by you within the 12-month period immediately preceding the occurrence of the event that is the subject of the claim. (c) The limits described in this Section 8 shall not apply with respect to a breach of the obligations under Sections 3 (Ownership; Reverse Engineering; Restrictions), Section 6 (a) (ii) and Section 11 (Export), and shall not limit Maximum Solutions obligations under Section 7 (Indemnification) or Custome obligations under Section 14 (Customer Obligations). 9. Assignment You may not license, sublicense, assign, sell, rent, lease, or otherwise transfer the Services or this Agreement without our prior written consent. Notwithstanding the foregoing, you may, without our consent, (a) assign this Agreement to a subsidiary or affiliate, provided you remain liable for such entity performance; and (b) assign this Agreement to another entity pursuant to a merger, consolidation or acquisition of all or substantially all of your assets; provided that in each case you notify us of the assignment in writing and the assignee agrees to be bound by this Agreement. 10. Terms and Termination (a) Subject to the terms and conditions contained herein, this Agreement shall commence on the Effective Date and shall continue for a term of three (3) years. Upon expiration of the initial term, we may offer you the option of renewing the Agreement for one or more additional terms having a fixed number of months. If you do not renew the Agreement for a fixed term, it will convert to a month to month agreement unless and until one of us provides the other with at least thirty days advance notice of non-renewal, or unless terminated earlier under the terms contained within this agreement. After the initial three (3) year term, prices are subject to a maximum of 5% change by Maximum Solutions upon sixty (60) days written notice to customer. Maximum Solutions may terminate this Agreement: (i) on written notice upon Custome failure to pay amounts when due, after 30 days written notice and failure to cure; (ii) for breach of a material provision of this Agreement, after 30 days written notice and failure to cure; (iii) if Maximum Solutions is unable to perform the Services hereunder due to Customers acts or omissions; (iv) upon any regulatory decision or governmental order requiring Maximum Solutions to suspend Service(s), upon reasonable notice; or (v) if Customer files for bankruptcy or reorganization or fails to discharge an Maximum Solutions, Inc. | MaxGalaxy Software as a Service Master Agreement (Ver 1.2) Page 4 - 10 - involuntary petition therefore within 60 days after filing. Any termination hereunder, except under 10(a)(iv), shall subject Customer to applicable termination and other accrued charges. Customer may terminate this Agreement for convenience at any time with thirty (30) days advance written notice. (b) If the Services are terminated before the end of the Term, which can only be done on 30 days prior written notice, Customer will pay an early termination charge equal to 100% of the Recurring Fees applicable for the remainder of the current year in which the Services were terminated except if: (i) Customer terminates as a result of Maximum Solutions material uncured breach, or (ii) Maximum Solutions terminates other than by reason of Custome breach or pursuant to Section 10(a) (iv). The parties specifically agree that the damages that Maximum Solutions would incur arising from any breach or early termination of this Agreement by Customer are based upon future facts and conditions which are difficult for the parties to presently predict, anticipate, ascertain or calculate. The parties further agree that such liquidated damages, as determined herein, are based upon the best efforts of the parties to estimate the nature and amount of Maximum Solutions actual damages, are not penal in nature, and are intended to place Maximum Solutions in the same position it would have achieved, had this Agreement been fully performed by the parties according to the original terms. Upon the effective date of expiration or termination of this Agreement, (a) Maximum Solutions will immediately cease providing the Services, and (b) any and all payment obligations of Customer under this Agreement will become due immediately. (c) Upon termination for any reason, Customer shall immediately cease use of the Services and shall, within 30 days following the date of termination, destroy all copies of the Documentation or else return such Documentation to us and Maximum Solutions shall, within 30 days following the date of termination, destroy all data files of the Customer and return an electronic copy of such files to Customer. 11. Export You acknowledge that all or part of the Services is of U.S. origin and subject to U.S. export jurisdiction. Accordingly, you agree to comply with all export and reexport restrictions and regulations (xport Restrictions) imposed by the U.S. Government. You represent and warrant that you understand that U.S. law currently prohibits the export or reexport, directly or indirectly, of U.S.-origin products and technology to certain proscribed countries, entities, organizations and individuals, without prior authorization from the U.S. Government. You agree that you will not commit any act or omission that will result in a breach of any such Export Restrictions, including those relating to the export or reexport of cryptographic items. If you breach this clause, Maximum Solutions may terminate this Agreement immediately. Further, you unconditionally accept full responsibility for your compliance with this Section and agree to defend, indemnify and hold us harmless from and against any claim, loss, liability, expense or damage (including fines or legal fees) incurred by us or our affiliates or suppliers as a result of your violation of this Section. 12. Governing Law and Disputes This Agreement shall be governed and construed in accordance with the laws of the State of Minnesota. Any controversy or claims arising out of or related to this Agreement shall be venued only in the state or federal court in and for a) Hennepin County, Minnesota, or b) the primary jurisdiction in which Customer is using the Services; without regard to their conflict of laws and principles. Such venue shall be determined by the choice of the plaintiff bringing the action. Maximum Solutions, Inc. | MaxGalaxy Software as a Service Master Agreement (Ver 1.2)PaPage 5ge 5 - 6 - 13. General (a) Any failure by either party to enforce at any time or for any period of time the provisions of this Agreement shall not be construed as a waiver of such provision, or of the right to enforce that provision. (b) Each of us agrees that any material breach of this Agreement may cause the other party irreparable harm, and that such non-breaching party may seek injunctive relief. (c) In the event any part of this Agreement is held to be unenforceable, that shall not affect the enforceability of the remaining provisions. (d) The headings of each provision of this Agreement are for reference purposes only. This Agreement may not be modified unless the modification is in a writing signed by both parties. This Agreement, and the Order that accompanies it, is complete and constitutes the entire agreement between us with respect to the Software and Services. This Agreement will be binding on and will inure to the benefit of the heirs, executors, administrators, successors and assignees of the parties hereto but nothing in this Section will be construed as consent to any assignment of this Agreement except as provided above. (e) Any notice or other communication required or permitted in this Agreement shall be in writing and shall be deemed to have been duly given on the day of service if served personally or by facsimile transmission with confirmation, or 5 days after mailing if mailed by First Class mail, registered or certified, postage prepaid, and addressed to Maximum Solutions at the addresses set forth above, or addressed to Customer at the address set forth in the initial Order, or at such other addresses as may be specified by either party pursuant to the terms and provisions of this paragraph. (f) Maximum Solutions will certify that the Customer data residing in the MaxGalaxy database will all be stored in Canada per the requirements of the Freedom of Information and Protection of Privacy Act. 14. Customer Obligations (a) Customer will: (i) be solely responsible for all Customer Data and any party reliance hereunder and (ii) allow Maximum Solutions, for the sole purpose of its performance hereunder, to copy, display, distribute, download, transmit and otherwise use the Customer Data solely on behalf of Customer. (b) Customer warrants and represents that it has all necessary right, title and interest in the Customer Data, and that it has obtained all consents, licenses, permissions and releases necessary to grant Maximum Solutions the right to distribute the Customer Data in accordance with this Agreement. (c) Customer shall comply with all applicable laws and regulations and with Maximum Solutions reasonable Policies and Procedures, which Policies and Procedures are communicated in writing, including by website link, as may be in effect from time to time. (d) Customer Dat means the text, data, images, sounds, photographs, illustrations, graphics, programs, code and other materials transmitted or stored by Customer, and/or persons under Customer control through any Service provided hereunder. (e) The Customer Data will not violate or infringe the rights of others, including, without limitation, any patent, copyright, trademark, trade dress, trade secret, privacy, publicity, or other personal or proprietary right. Maximum Solutions, Inc. | MaxGalaxy Software as a Service Master Agreement (Ver 1.2)Page 6 Page 6 - 7 - (f) The Customer Data will not violate any laws to which Customer or Maximum Solutions may be subject, or constitute a defamation or libel of Maximum Solutions or any third party and will not result in the obligation of Maximum Solutions to make payment of any third party licensing fees. (g) Customer acknowledges and agrees that Maximum Solutions exercises no control over, and accepts no responsibility for, the content of the information passing through Maximum Solutions network or the Internet. Customer assumes responsibility for its use of the Services, and the Internet. Customer understands and agrees further that the Internet contains materials some of which are socially inappropriate or may be offensive; and is accessible by persons who may attempt to breach the security of Maximum Solutions and/or its network(s). Maximum Solutions has no control over and expressly disclaims any liability or responsibility whatsoever for such materials or actions. Customer and its users and end users access the Service at their own risk. Maximum Solutions is not liable for the content of any data transferred either to or from Customer or stored by Customer or via the Services provided by Maximum Solutions. (h) At Custome expense Customer will defend, indemnify and hold Maximum Solutions harmless against any third party claim that the Customer Data infringes a patent, trademark, copyright or other intellectual property right in accordance with this Agreement and for any other loss incurred resulting from the Customer Data. But Maximum Solutions must give Customer prompt written notice of the claim, cooperate fully with Customer in its defense, and give Customer sole authority to control the case and any related settlement negotiations. 15. Mass Email Module Maximum Solutions partners with SendGrid, a third party delivery service, to process emails through the Mass Email module in MaxGalaxy. SendGrid is fully integrated to offer seamless communications. Standard Pricing is listed below: Email Volume Pricing per Month 25,000 $25 50,000 $50 75,000 $75 100,000 $90 100,000+ Contact Rep for quote If maximum volume is met in a given month, all emails from MaxGalaxy will not send until the next cycle! Upgrades are available in increments of 2,500 for $5 or you may upgrade to the next volume limit based on the pricing table above. To upgrade please call 763-235-2349. (a) Clients may opt to reserve a dedicated IP Address for an additional $25/month. This address can be whitelabeled for your organization. IP whitelabeling is the process of re-naming the domain name system (DNS) in your registrar or web-hosting provider so that messages reference your domain rather than SendGrids. IP whitelabeling effectively masks that SendGrid is sending your email messages on your behalf. (b) Maximum Solutions reserves the right to disable a Client Mass Email access if their email reputation, as assigned by SendGrid, goes below 90%. SendGrid calculates reputation based on the percent of requests that are delivered and spam reports. In lieu of disabling the functionality, the Client may opt to purchase a dedicated IP address at their own expense. Page 7 Maximum Solutions, Inc. | MaxGalaxy Software as a Service Master Agreement (Ver 1.2)Page 7 - 8 - The following contract has been accepted by the following parties: MAXIMUM SOLUTIONS, INC. By: (Signature) (Date) (Typed or Printed) (Title) By: (Signature) (Date) (Typed or Printed) (Title) Maximum Solutions, Inc. | MaxGalaxy Software as a Service Master Agreement (Ver 1.2)Page 8 Page 8 /hb/L\[ w9thw M&C No. 2017-110 Report Date April 21, 2017 Meeting Date May 01, 2017 Service Area Transportation and Environment Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Land for Public Purposes Trust Fund Application Island View School Playground Project OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Michael Hugenholtz Jeff Trail RECOMMENDATION It is recommended that Common Council, under existing policy, approve a Land for Public Purposes grant of $5,000 to the Parent and Playground Committee of Island View School toward the cost of replacing playground equipment at Island View School. EXECUTIVE SUMMARY The City has a Land for Public Purposes (LPP) Fund. Supporting construction or replacement of playgrounds is considered an appropriate use of this fund. The Parent and Playground Committee of Island View School has asked for $5000 from the LPP fund to help pay for replacement of playground equipment. This report details the factors that City staff used in forming a recommendation PREVIOUS RESOLUTION At its February 20, 2017 meeting Common Council referred the attached written request from the playground committee to the City Manager. REPORT fo the Acceptance of Land for Public Purposed and policies are attached to this report. Within these LPP policies include - 2 - Guidelines for Evaluation of Requests for Contributions from the LPP Trust Fund T Applications from community groups for use of LLP funds are assessed in May with an application deadline of April 30. City staff is not aware of current applications other than from the Island View School committee. Playgrounds at public schools are given preference in the policy. The ask ($5000) is in line with the amounts suggested in the policy. Staff considered several other factors in deciding to form a positive The two playgrounds will remain on school property so responsibility for management of the assets will remain with the School District and not the City. The School District reinforced that community access to the playgrounds will be maintained as per the attached correspondence. The City, through PlaySJ, relies on continued community access to these school playgrounds as it rationalizes existence of other neighbourhood playgrounds that are assets under City responsibility generally. The playgrounds will be accessible. Approximately 80% of the funds needed for the replaced equipment has been raised already. Staff reminds Council however that the LPP Fund is limited to provide support to these types of community projects. The Fund has an uncommitted current balance of just over $14,000. The uncommitted balance would be just over $9,000 if Council approves $5000 be directed to the Island View School project. City staff recommend $5000 from the LPP fund with all the factors presented in this report considered. tƌğǤŭƩƚǒƓķ wğƷźƚƓğƌźǩğƷźƚƓ tƩƚŭƩğƒ /ƚƓƷĻǣƷ Rationalization Program in the next 4-8 weeks. SERVICE AND FINANCIAL OUTCOMES The Land for Public Purposed Trust Fund has sufficient uncommitted money to support this request. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The Anglophone South School District provided input. A representative of the playground committee was consulted. - 3 - ATTACHMENTS Letter from the Parent and Playground Committee of Island View School received by Common Council at its February 20, 2017 meeting Letter from the Anglophone South School District Policies fo the Acceptance of Land for Public Purposed and use of LPP Funds - 4 - - 5 - - 6 - POLICIES FOR THE ACCEPTANCE OF LAND FOR PUBLIC PURPOSES AND USE OF LPP FUNDS City of Saint John, New Brunswick Adopted by Common Council November 6, 1995 Amended by Common Council August 20, 2001 - 7 - TABLE OF CONTENTS 1. Introduction 1 2. Definitions 1 3. Enabling Regulations 4 Policy 1: LPP Alternatives 4 4. Land For Public Purposes 5 Policy 2: Steps for acceptance of LPP 5 5. Money in Lieu of Land 5 Policy 3: Requiring Money in Lieu of Land 6 Policy 4: Determining the Amount of Money 6 Policy 5: Determining Market Value 6 6. Combining Land and Money 6 Policy 6: Acceptance of a Combination of Land and Money 6 Policy 7: Using LPP Money 7 - 8 - 1. INTRODUCTION The development of vacant land for the purposes of human habitation results in a further demand for land for recreational enjoyment of the neighbourhood, community and the city. The Community Planning Act recognizes this need and requires that land which is part of a subdivision be set aside for public purposes, or that money in lieu of land is received by the municipality. 2. DEFINITIONS The following definition is directly quoted from the Community Planning Act: or enjoyment of the general public, such as (a) an access to a lake, river, stream, sea or other body of water, (b) a beach of scenic area along the shore of a lake, river, stream, sea or other body of water, (c) a conservation area, (d) land adjoining a school, for joint recreational purposes, (e) land for a community hall, public library, recreational use or other similar community facility, (f) open space, to provide air and light, to afford a view to or from a development or to a lake, river, stream, sea or other body of water, or for other purposes, (g) a park, green belt or buffer area dividing developments, parts of a highway or a development and a highway, (h) a pedestrian way to a school, shopping centre, recreational area or other facility, (i) a protection area for a water course, stream, marsh, water supply lake or other body of water, (j) a public park, playground or other recreational use, (k) a visual feature, or (l) a wooded area, slope area or a site giving view to a scenic area to provide diversity. 3. ENABLING LEGISLATION AND REGULATIONS The Community Planning Act requires the developer of a subdivision to set aside land for public purposes in an amount not exceeding 10% or in lieu of land, and at the discretion of Council, money not to exceed 8% of the market value of the land in the subdivision at the time of submission for approval of the subdivision plan, exclusive of land to be dedicated for streets. Exemptions - 9 - In accordance with the Act, Section 22(2) of the Subdivision By Law has exemptions for the supply of Land for Public Purposes when: (a) land to be re-subdivided for the purpose of correcting or rearranging boundaries or land previously included in an area subject to the requirements of this Section or to a corresponding Section under a previous Act; (b) that part of a subdivision which creates a piece of land solely for the purpose of being assembled with or added to adjoining land; (c) a parcel of land which was on or before May 26, 1978 under distinct and separate ownership from adjoining parcels and so registered in the Registry Office of the County of Saint John, and which is not capable of being subdivided into not more than three lots; or (d) the first new lot, of a size not capable of further subdivision, out of a parcel under distinct and separate ownership from adjoining parcels and so registered in the Registry Office on May 26, 1978, when the parcel is capable of being subdivided into more than three lots. Policy 1: LPP Alternatives Where a dedication for Land for Public Purposes is required it shall be the policy of Council to accept: (a) land; or (b) money in lieu of land, where reserve land is determined to be unnecessary at present or in the future development of the area; or (c) a combination of land and money equal to the percentage requirements. 4. LAND FOR PUBLIC PURPOSES Land shall be provided by the developer to the City in accordance with Section 22 of the Subdivision By Law at the time of subdivision. Land will always be required with the Policy 2: Steps for the acceptance of Land for Public Purposes (1) The following steps shall be taken when determining the suitability of Land for Public Purposes. The parcel of land shall: (a) be accepted when in accordance with the needs identified in the Recreation and Open Space Strategy, or Municipal Development Plan or Neighbourhood Plan, or other applicable City By Laws, policies or documents where the criteria for parks and recreational lands and systems have been identified; (b) be suited in size, shape, quality and character for the purpose most suited to the needs of the neighbourhood and or in some situations the larger community as determined in (a); (c) be accessible by direct legal means of a public roadway or some other alternative means acceptable to Council having a minimum width to permit necessary access of emergency vehicles when developed for use; - 10 - (d) be located, in the subdivision of lands capable of ten or more lots in the most appropriate location for the future development must be located adjacent to a road reserve or access acceptable to Council; (e) meet public access and frontage requirements deemed suitable by Council for the public use of the property. 5. MONEY IN LIEU OF LAND In accordance with Section 42(3)(g) of the Community Planning Act and the Subdivision ation and open space needs of the neighbourhood and/or community. Money gained are to be expended by Council for acquiring or developing LPP. In many cases money would be more appropriately used for meeting these needs. Policy 3: Requiring Money in Lieu of Land Council shall require money in lieu of land when: (a) it has been determined that the land for public purposes is not needed in the neighbourhood and or community now or in the foreseeable future; or (b) the amount of land which would be available is unsuitable to meet the needs of the area. Policy 4: Determining the Amount of Money In accordance with the Community Planning Act and the Subdivision By Law, the amount of money owing will be based on the market value of the land in the subdivision at the time of submission for approval of the subdivision plan, exclusive of land indicated as streets intended to be publicly owned. Policy 5: Determining Market Value Market value will be determined by Housing and Property Management Department with input from other City departments, recent sale information and professional appraisers as required. If a dispute on the value arises between the developer and the City, the developer will be responsible for engaging a professional appraiser to support their position. The difference between the two appraisals will be used to determine market value unless influences on the market value have been overlooked by either party. 6. Combining Land and Money To facilitate the development of Land for Public Purposes in accordance with the needs of the area, Council may from time to time accept from the developer a combination of land and money in lieu of land for the total Land for Public Purposes requirement. Policy 6: Acceptance of a Combination of Land and Money In rendering a decision on the acceptance of a combination of land and money for the Land for Public Purposes Council shall: (a) ensure that the sum total of any combination of the two, land or money, is of a value equal to, or greater, than the Land for Public Purposes requirement; (b) ensure that the combination of the two will meet the needs of the area; - 11 - (c) from time to time, as the opportunity presents itself, enter into an agreement with the developer to carry out the development of the site in accordance with the requirements of the area. Policy 7: Using LPP Money Money is gained in the subdivision process through the enabling provisions of the Community Planning Act and the municipal Subdivision By Law. The Act requires that this money is placed in a special account and that it can only be spent on acquiring or developing land for public purposes. To spend this money, it shall be the policy of Council to: (a) evaluate, in accordance with Policy 2, the need to acquire or develop land for public purposes in, (i) the subdivision from which the money was gained, (ii) the local area near or around the subdivision and (iii) the community at large; (b) limit the amount of LPP funds used on any one site to a maximum of $50,000 dollars in any one year. Where additional funds are needed to facilitate development of LPP, it must be a project which serves a community wide interest. In this case Council may approve up to $75,000 in any one year; (c) of LPP. (d) Guidelines for Evaluation of Requests for Contributions from the LPP Trust Fund Projects must comply with the Community Planning Act definition of Land for Public Purposes. Common Council may set the maximum LPP expenditure for the year. Applications from community groups for LPP funds will be reviewed twice per year, in May and November. The deadlines for receipt of applications will be April 30 and October 31. Applications for playground funding will be assessed on whether the playground will serve a Local, Community, or City (Regional) population. The classification system will be based on the guidelines and inventory of the Park Classification system of the City of Saint John Recreation and Open Space Strategy. The maximum eligible funding from the LPP Trust Fund for playground projects will be based on the park classification, and will be limited to local - $5000, community - $10,000 and city or regional - $50,000. The funding limit is inclusive of all phases of a project. LPP funds shall not exceed more than 50% of the project cost. When considering monies and in-kind contributions that the community contributes to a project as matching funds, any monies from other government sources is to be excluded. Preference will be given to playgrounds developed at public schools. - 12 - Developments must provide barrier-free access to some of the facility. Preference will be given to new developments, and especially in areas where there is a lack of recreation facilities. Common Council at its sole discretion may choose to provide LPP funding to a project, as it deems appropriate. 1) That this amendment be implemented immediately, with the first deadline for applications being October 31, 2001 and further that, 2) Outstanding applications for funding from the LPP Trust that have been received prior to this date be considered based on the policy in place when the application was made to Common Council. /hb/L\[ w9thw M&C No. 2017-111 Report Date April 24, 2017 Meeting Date May 01, 2017 Service Area Growth and Community Development Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Proposed Public Hearing Date 17-19 St. James Street OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Mark Reade Jacqueline Hamilton Jeff Trail RECOMMENDATION That Common Council schedule the public hearing for the rezoning application of Silk Stevens Limited on behalf of the New Brunswick Department of Transportation and Infrastructure (17-19 St. James Street) for Monday, May 29, 2017 at 6:30 p.m. in the Council Chamber, and refer the applications to the Planning Advisory Committee for a report and recommendation. EXECUTIVE SUMMARY The purpose of this report is to advise Common Council of the rezoning and Section 39 amendment applications received and to recommend an appropriate public hearing date. The next available public hearing date is Monday, May 29, 2017. 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 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. - 2 - STRATEGIC ALIGNMENT While the holding of public hearings for proposed rezoning and Section 39 amendments is 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 approvals process works towards fulfilling key Council priorities including: ensuring Saint John has a competitive business environment for investment, supporting business retention and attraction; and driving development in accordance with PlanSJ which creates the density required for efficient infrastructure and services. REPORT the rezoning and Section 39 amendment applications received and recommends an appropriate public hearing date. Details of the applications are available in the s office and will form part of the documentation at the public hearings. The following application has been received: Name of Location Existing Proposed Reason Applicant Zone Zone Silk Stevens 17-19 St. James Urban Centre General To recognize an Limited (on Street Residential Commercial existing behalf of the (RC) (CG) commercial parking New Brunswick lot Department Transportation and Infrastructure) SERVICE AND 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 Service. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Not applicable. ATTACHMENTS None. PLANNING ADVISORY COMMITTEE April 21, 2017 His Worship Mayor Don Darling and Members of Common Council Your Worship and Councillors: The Committee considered the attached report at its April 19, 2017 meeting. Mr. Curtis Langille, representing the City of Saint John Real Estate Services appeared before the Committee and was in agreement with the report recommending that Common Council assent to the vesting of the proposed Public Street parcels. Mr. Langille indicated that the street vesting would apply to an area of City Line that is currently located on private property, Growth and Community Development staff noted the required variances for lot area and reduced front yard setback would be dealt with through the Development Officer variance process. No other persons appeared before the committee. After considering the report and the comments of the applicant, the Committee adopted the recommendation contained in the Staff Report with respect to the street vesting. That Common Council assent to the attached photo-reduced Amy E. Lantegine Subdivision Plan with respect to the vesting of two parcels of land having an area of approximately 46 square metres and 39 square metres as part of the City Line public street right-of-way. Respectfully submitted, Eric Falkjar Chair Attachments Page 1 of 1 Date: To: From: For:Meeting ofWednesday,April 19, 2017 SUBJECT Applicant: Owner: Location: PID: Plan Designation: Existing Zoning: Application Type: Jurisdiction:Community Planning Act SUMMARY RECOMMENDATION DECISION HISTORY ANALYSIS Proposal Site and Neighbourhood Variances Subdivision Conclusion ALTERNATIVES AND OTHER CONSIDERATIONS ENGAGEMENT Public SIGNATURES AND CONTACT Prepared: Reviewed:Approved: Contact: Phone: E-mail: Project: APPENDIX Site Location Municipal Plan Zoning Aerial Photography Site Photography Tentative Subdivision Plan F PLANNING ADVISORY COMMITTEE April 24, 2017 His Worship Mayor Don Darling and Members of Common Council Your Worship and Councillors: SUBJECT:Subdivision Application 145 Lansdowne Avenue The Planning Advisory Committee considered the attached report at its April 19, 2017 meeting. Matthew Tweedie, representing Plaza Corp, the applicant, appeared before the Committee and spoke in favour of staff recommendation. The Committee asked staff in what circumstances it would be appropriate to consider including a pedestrian path through a proposed lot instead of money-in- lieu. The Committee added that there is an area of the subject site that is currently used by pedestrians coming to or from the Sobeys grocery store. Staff responded that typically a pedestrian path through a site is contemplated when it would be an extension of an existing path maintained by the City, or integrated into a proposed large subdivision that would otherwise have little opportunity for pedestrian movement. Deborah Bourgeois, a property owner abutting the subject site, appeared before the Committee and stated that she had interest in purchasing a portion of the subject site from the applicant and was not sure how to go about pursuing this option. The Committee informed Ms. Bourgeois that the purchase and sale of land was not a matter that could be handled by the Committee, but that she could approach the applicant after the meeting and discuss such matters. No other persons appeared before the Committee. After considering the report, the letter received, and the comments made by the applicant, the Committee recommended approval of staff recommendation. Page 1 of 2 Plazacorp 145 Lansdowne Avenue April 24, 2017 RECOMMENDATION: That Common Council authorize the acceptance of money-in-lieu of the required land for public purposes (LPP). Respectfully submitted, Eric Falkjar Chair Attachments Page 2 of 2 Date: To: From: For:Meeting ofWednesday,April 19, 2017 SUBJECT Applicant: Owner: Location: PID: Plan Designation: Existing Zoning: Application Type: Jurisdiction: SUMMARY RECOMMENDATION DECISION HISTORY ANALYSIS Proposal Site and Neighbourhood Municipal Plan Subdivision Conclusion ALTERNATIVES AND OTHER CONSIDERATIONS ENGAGEMENT Public SIGNATURES AND CONTACT Prepared: Reviewed:Approved: Contact: Phone: E-mail: Project: APPENDIX Site Location Municipal Plan Zoning Aerial Photography Site Photography Subdivision Plan Subdivision Overlay V A NI R E F F U D V A IE R R U C N W O D S N A L UD HR MA S T E GL NI TS V A K O O R B R E V A E B V A NI R E F F U D V A E I R R U C W O D S N A L TSNIG V A NI R E F F U D R U R EI A V EAV N W O D S N A L D V L B L L I H C R U H C L T S E D I A L E D A UD HR MA S T TS NIGLE W E N T S E DI A L E D A PLANNING ADVISORY COMMITTEE Date: To: From: For:Meeting ofWednesday,April 19, 2017 SUBJECT Applicant: Owner: Location: PID: Plan Designation: Existing Zoning: Application Type: Jurisdiction:Community Planning Act SUMMARY RECOMMENDATION DECISION HISTORY ANALYSIS Proposal Site and Neighbourhood Variances and Subdivision Environmental Impact Assessment Imput from Other Sources Conclusion ALTERNATIVES AND OTHER CONSIDERATIONS ENGAGEMENT Public SIGNATURES AND CONTACT Prepared: Reviewed:Approved: Contact: Phone: E-mail: Project: APPENDIX Site Location Municipal Plan Zoning Aerial Photography Site Photography Tentative Subdivision Plan /hb/L\[ w9thw M&C No. 2017-108 Report Date April 19, 2017 Meeting Date May 01, 2017 Service Area Saint John Water His Worship Mayor Don Darling and Members of Common Council: SUBJECT: Engineering Services District Metering Program - 2017 OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Brent McGovern /Brian Jeff Trail Keenan RECOMMENDATION It is recommended that the proposal from CBCL Limited for engineering design and construction management services for the District Metering Program - 2017 project in the amount of $202,543.75, including HST, be accepted and that the Mayor and Common Clerk be authorized to execute the appropriate documentation in that regard. EXECUTIVE SUMMARY The purpose of this report is to recommend that Council award the engineering services for the District Metering Program - 2017 project to CBCL Limited. PREVIOUS RESOLUTIONS November 14, 2016; 2017 Water & Sewerage Utility Fund Capital Program approved. March 6, 2017; 2017 Water & Sewerage Utility Fund Capital Program adjustments. STRATEGIC ALIGNMENT as it relates to investing in sustainable City services and municipal infrastructure. - 2 - REPORT BACKGROUND The approved 2017 Water & Sewerage Utility Fund Capital Program includes funding for the design, construction and construction management components for the installation of flow meters on the existing water distribution system and the creation of a program to monitor and audit water usage within the various districts. This project is partially funded by the Clean Water Wastewater Fund. A Request for Proposal (RFP) was advertised to engage an Engineering firm to carry out the following services for the above noted project: Part A Site Surveys, Preliminary Investigation and Data Collection Part B Preliminary Design, Cost Estimates and Design Report Part C Conduct Public Communication Process Part D Detailed Design and SCADA Software Programming Part E Tender Period Services, Materials Testing & Inspection, Red Books and Record Drawings Part F Construction Management PURPOSE The purpose of this report is to make a recommendation for consulting engineering services for this project. ANALYSIS With a comprehensive terms of reference document developed by staff, a public call for proposals was made for consulting engineering services. The Request for Proposal (RFP) closed on April 6, 2017 with responses received from the following two consulting engineering companies: CBCL Limited, Saint John, NB Crandall Engineering Ltd., Saint John, NB A Review Committee consisting of staff from Materials Management and Saint John Water was formed to evaluate submissions. Each member completed an independent review of the submissions and a joint discussion was held to develop the final ranking of submissions. The Review Committee came to a conclusion on their recommendation, which follows later in the report. - 3 - The evaluation process uses the expertise of a variety of staff from Purchasing, Engineering and Operations to ensure a thorough review of the various submissions. Care must be taken to ensure that the necessary level of effort and expertise is being directed to the various tasks involved in the work, while still ensuring that costs to be incurred are appropriate and controllable. It is for these reasons that cost, although very important, cannot be the sole nor most critical deciding factor in making the selection of a consulting engineering firm. The Committee was tasked with the role of reviewing each submission against the proposal evaluation criteria as defined in the proposal call document. These criteria consisted of the following: 1. Quality and Completeness Does the proposal address all of the needs raised? Is the proposal presented in an organized and professional manner? 2. Has the consultant demonstrated a level of expertise with the requirements of this project? 3. Experience of Employees / Sub ΏĭƚƓƭǒƌƷğƓƷƭ Has the consultant demonstrated a level of expertise for the employees of the company and sub consultants listed? Ѝ͵ Methodology Does the approach to the project outlined in the proposal address, in a realistic sense, attainable goals and is it in keeping with the 5. Value Added What additional information, technology, process or options has the consultant included in his proposal? Is there value added 6. Cost Cost will be a factor, however not the only factor to be considered. estimate for the work and has it allowed for each aspect of the project to be adequately addressed? After careful, independent consideration of presentation, company experience, personnel and technical proposal, the Review Committee met to analyze the fin financial proposals were opened and addressed. These had been submitted in separate, sealed envelopes. After due consideration, the Review Committee selected the submission of CBCL Limited as the best proposal based on an overall rating of the evaluation criteria - presentation, company experience, personnel, technical proposal and cost. The submission from CBCL Limited met all of the requirements of the proposal call, in a manner acceptable to the committee, with a cost effective bid for the project. - 4 - POLICY ENGAGEMENT OF ENGINEERING CONSULTANTS The costs incurred by the consultant will be paid in accordance with the terms of the Request For Proposal at the rates submitted and accepted in the consultants proposal not to exceed the Recommended Hourly Rates as contained in The Association of Consulting Engineering Companies New Brunswick fee guideline. The Construction Management component of this project fee is based on an estimated 10 week construction period. The final fee will be calculated based on the actual construction management period. SERVICE AND FINANCIAL OUTCOMES The proposed cost of work from CBCL Limited to provide engineering design and construction management services for this project is $202,543.75 including HST. This cost is based on an estimated 10 week construction management period. An amount of $800,000 is included in the 2017 Water & Sewerage Utility Fund Capital Program for engineering design and construction management services and construction for this project. Engineering fees to cover the costs of design and construction management generally do not exceed 15-20% of the total overall project cost, depending on the nature of the project and the engineering services required. In addition to typical engineering design and construction management services, this project involves the provision of additional engineering services involving the proto monitor district meters already in service as well as those installed under this project. With this expanded scope of work, the upset fee is approximately 25% of the total overall project cost, which is considered appropriate for this type of work and the level of effort that will be required. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Materials Management facilitated the RFP process to solicit proposals from Engineering Consultants for the District Metering Program - 2017 project. The committee was tasked with the role of reviewing each submission against the proposal evaluation criteria as defined in the proposal call document. the technical and financial aspects of the submissions were undertaken by the evaluation committee members. The above process is in accordance with the recommendation being put forth. ATTACHMENTS N/a /hb/L\[ w9thw 2017-117 M&C No. April 24, 2017 Report Date May 01, 2017 Meeting Date Saint John Water Service Area His Worship Mayor Don Darling and Members of Common Council SUBJECT: SCADA Upgrades OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager David Russell Brent McGovern / Brian Jeff Trail Keenan RECOMMENDATION That the quotations from Softchoice LP for the supply of hardware and software totaling $93,454.65 + HST be accepted and approval provided for a Purchase Order to be issued. That the quotation from Softchoice LP for Remote EMC and Cisco Installation totaling $14,950 + HST be accepted and that the Mayor and Common Clerk be authorized to execute the agreement. EXECUTIVE SUMMARY The purpose of this report is to request that: Common Council approve the purchase of hardware and software, in accordance with established provincial supply agreements, from Softchoice LP in order to complete As well, that Common Council approve the engagement of Softchoice LP for the installation of the new hardware and software. By utilizing established Province of New Brunswick supply agreements with Softchoice LP for the provision of hardware and software, the City can take advantage of savings through bulk pricing. - 2 - PREVIOUS RESOLUTION March 6, 2017; 2017 Water & Sewerage Utility Fund Capital Program Approved STRATEGIC ALIGNMENT as it relates to investing in sustainable City services and municipal infrastructure. BACKGROUND INFORMATION Water and Sewer facilities relies on a Supervisory Control and Data Acquisition (SCADA) system. This SCADA system monitors the s water and sewer facilities 24 hours a day. As with any computer system, updates are periodically required. The hardware and software upgrades outlined in this report are required as part of a larger upgrade to the SCADA system which will see the creation of an independent communication link for monitoring of water and wastewater facilities. The hardware and software, totaling $93,454.65 + HST, quoted from Softchoice LP is as per the relevant Province of New Brunswick supply agreements. In addition, Softchoice LP has provided a quotation for $14,950 + HST for the Assessment, Design, Implementation, and Project Management associated with the installation and setup of this new hardware and software. Softchoice LP has the necessary expertise and experience and staff recommend the engagement of Softchoice LP to complete this work. SERVICE AND FINANCIAL OUTCOMES The total proposed cost to provide and install the equipment from Softchoice LP is 108,404.65 + HST. An amount of $700,000 is included in the approved 2017 Water & Sewerage Utility Fund Capital Program for this project. Partial funding for this project is approved under the Clean Water Wastewater Fund (CWWF) as part of the second round of funding announcements. There are additional components of work necessary to complete the SCADA upgrades that will follow including a new communications tower which are included for in the overall project budget. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Materials Management has reviewed the quotations as well as the agreement, and supports the recommendation. ATTACHMENTS Remote EMC and Cisco Installation Softchoice LP Statement of Work Fixed Price Remote EMC and Cisco Installation City of Saint John Prepared by: Brett Ford March 23, 2017 Client No: 854426 Contract: SR176118 City of Saint John - Remote EMC and Cisco Installation TABLE OF CONTENTS GENERAL INFORMATION .................................................................................................................... 3 OUR UNDERSTANDING OF YOUR NEEDS ............................................................................................. 3 PROJECT SUMMARY ........................................................................................................................... 4 PROJECT SCOPE ................................................................................................................................. 4 D ISCOVERY (REMOTE) .................................................................................................................................... 4 D ESIGN (REMOTE) ......................................................................................................................................... 5 S TAGING & C ONFIGURATION (ONSITE) ............................................................................................................. 5 I MPLEMENTATION (O NSITE) ............................................................................................................................ 5 D OCUMENTATION AND K NOWLEDGE T RANSFER (REMOTE) .................................................................................. 5 P ROJECT C OORDINATION ................................................................................................................................ 6 P ROJECT D ELIVERABLES .................................................................................................................................. 6 E XCLUSIONS FROM S COPE .............................................................................................................................. 6 C OMPLETION C RITERIA ................................................................................................................................... 6 PROJECT ASSUMPTIONS ..................................................................................................................... 6 CLIENT RESPONSIBILITIES ................................................................................................................... 8 WARRANTY, DISCLAIMER, & LIMITATIONS ......................................................................................... 8 FEE SCHEDULE.................................................................................................................................... 9 T RAVEL & L IVING E XPENSES ............................................................................................................................ 9 C ANCELLATION AND R ESCHEDULING ...............................................................................................................10 C HANGE R EQUESTS .....................................................................................................................................10 PAYMENT TERMS ............................................................................................................................. 10 SUCCESS STORY APPROVAL .............................................................................................................. 10 APPROVALS ..................................................................................................................................... 11 Softchoice LP proprietary & confidential information. Do not copy or release without the express written authorization of Softchoice. Version 1.8 30/01/17 Page 2 City of Saint John - Remote EMC and Cisco Installation General Information City of Saint John govern and supersede any terms and conditions stated on any purchase order submitted by Client for such services or deliverables. ŷĻ ƒĻƷŷƚķ ƚŅ ķĻƌźǝĻƩǤ ŅƚƩ Ʒŷźƭ {h źƭ CźǣĻķ tƩźĭĻ tƩƚŅĻƭƭźƚƓğƌ {ĻƩǝźĭĻƭ͵ Services Work Address: Client Name City of Saint John Street Address 15 Market Square, 9th Floor City, State, Zip Saint John, NB, E3L 4L1 Client Contact Paul Blacquier Title Network Specialist Phone No. (506)-649-6047 E-mail Address paul.blacquier@saintjohn.ca Solutions and Services Manager Mike Kelly Sales Rep Jeff Allen /´± 5£¤±²³ £¨¦ ®¥ 9®´± .¤¤£² The City of Saint John is focused on the implementation of a new Cisco/EMC solution within twoof their locations. The solution will consist of the following in the first location: Cisco UCS Mini Chassis with o Single phase power o 2 x FI6325 Interconnects o 2 x B200 M4 blades, each with 2 x E5-2683 256 GB RAM 1 x VIC1340 LOM EMC Unity300 Hybrid Array with o Dual controller 10GbE Copper based o 11 x 1.2TB 10k SAS HD o 3 x 200GB Fast Cache SSD The solution will consist of the following in the second location: Two(2) Cisco UCS rack mounted servers Two(2) Cisco Nexus ToR switches for connectivity to the above mentioned servers (other planning, design and configuration elements for the switches is out of scope) Client has requested onsite assistance with the design and implementation of this solution, along with the required documentation to ensure their team have all needed information on the new environment. Softchoice LP proprietary & confidential information. Do not copy or release without the express written authorization of Softchoice. Version 1.8 30/01/17 Page 3 City of Saint John - Remote EMC and Cisco Installation 0±®©¤¢³ 3´¬¬ ±¸ Softchoice will be assisting Client with the following tasks remotely Validation that the solution is ready for deployment Overall Design Site 1 o Rack level design o UCS Mini, including 2 servers o Storage networking design between UCS and Unity o EMC Unity Design Overall Design - Site 2 o Rack level design o Two (2) UCS rack mounted servers o Two(2) Cisco Nexus ToR switches for connectivity to the above mentioned servers (other planning, design and configuration elements for the switches is out of scope) Onsite work completed with the rack/stack and physical cabling and setup of the solution Implementation o Jolera will implement / configure the following at the first site UCS Manager Overall GUI Configuration of a single profile Fabric Interconnects EMC Unity as per the design phase Storage network o Jolera will implement/configure the following at the second site Two(2) Cisco Rack mounted servers o Two(2) Cisco Nexus ToR switches for connectivity to the above mentioned servers (other planning, design and configuration elements for the switches is out of scope) Documentation / knowledge transfer 0±®©¤¢³ 3¢®¯¤ Softchoice will provide consulting services for Client to ensure the project tasks and deliverables outlined in this SOW are met. Discovery (remote) Review of BoM for accuracy and to ensure all HW/SW required are onsite Validation of site readiness for deployment Review of any required main windows or other factors needed to be included in implementation plan Softchoice LP proprietary & confidential information. Do not copy or release without the express written authorization of Softchoice. Version 1.8 30/01/17 Page 4 City of Saint John - Remote EMC and Cisco Installation Design (remote) Rack level design o Cabling in the rack o Equipment placement UCS o GUI and other basic settings o UCS service profile - up to one server/service profile will be designed Storage networking design between UCS and EMC Unity EMC Unity Design o SAS Tier - two R5 (4+1) plus a hot spare o SSD Tier - for FAST Cache in a single R1 (1+1) with a hot spare Two(2) UCS Rack mounted servers for the second site Two(2) Cisco Nexus ToR switches for connectivity to the above mentioned servers (other planning, design and configuration elements for the switches is out of scope) S³ ¦¨¦ ǉ #®¥¨¦´± ³¨® (onsite) Softchoice will be providing the physical implementation of the solution, including rack/stack, interconnection of equipment on this SoW and updating the HW with required firmware Implementation (Onsite) UCS o GUI and other basic settings o UCS service profile - up to one server/service profile will be designed Storage networking design between UCS and EMC Unity EMC Unity Design o Basic GUI Settings o SAS Tier - two R5 (4+1) plus a hot spare o SSD Tier - for FAST Cache in a single R1 (1+1) with a hot spare Presentation of storage to UCS server cluster Two(2) UCS Rack mounted servers for the second site Two(2) Cisco Nexus ToR switches for connectivity to the above mentioned servers (other planning, design and configuration elements for the switches is out of scope) $®¢´¬¤³ ³¨® £ +®¶«¤£¦¤ 4± ²¥¤± (remote) Documentation - Topology diagram will be provided along with point form notes on configuration (maximum of 5 pages) Knowledge Transfer - an Engineer will spend up to two hours with the team from Client going over the new environment Softchoice LP proprietary & confidential information. Do not copy or release without the express written authorization of Softchoice. Version 1.8 30/01/17 Page 5 City of Saint John - Remote EMC and Cisco Installation 0±®©¤¢³ #®®±£¨ ³¨® Softchoice will perform the following as part of this Statement of Work: Resource coordination and scheduling Change management (if required) Project acceptance and closure Client will be responsible for: Detailed project planning and project schedule management Risk Identification and Mitigation planning Project status meetings Schedule monitoring and reporting 0±®©¤¢³ $¤«¨µ¤± ¡«¤² 1. Documentation - Topology diagram will be provided along with point form notes on configuration (maximum of 5 pages) 2. Knowledge Transfer - an Engineer will spend up to two hours with the team from Client going over the new environment %·¢«´²¨®² ¥±®¬ 3¢®¯¤ Anything not specifically stated in the above Project Scope section of this document is outside the scope of this SOW. This includes but is not limited to: 1. Removal of any existing Hardware/Software 2. Reconfiguration of any existing Hardware/Software #®¬¯«¤³¨® #±¨³¤±¨ All of the Project Tasks have been completed. 0±®©¤¢³ !²²´¬¯³¨®² 1. All work shall be scheduled and performed during normal Softchoice business hours, Monday through Friday, 8:30am 5:30pm, except Holidays unless specified in the SOW. Unless included in the scope, any additional work to be performed afterhours is subject to a change order. 2. Unless specifically noted, Softchoice does not guarantee compliance with Sarbanes-Oxley, HIPAA, or any other regulatory or industry documentation requirements. 3. This SOW offer shall expire 60 days from the SOW date listed above unless executed 4. Softchoice shall not take responsibility for any product or any task performed that is not provided by Softchoice. 5. Softchoice shall not take responsibility for any errors, incompatibilities or defects in third party software or network devices. Any errors, incompatibilities, or defects in such software or devices may add time and cost to the project. 6. Delays due to other vendor or facility readiness issues are deemed out of scope and may lead to additional professional services costs 7. Softchoice is not responsible for delays, errors, or omissions caused or incurred by other parties. Such delays, errors, or omissions may increase the time and cost of the project. Softchoice LP proprietary & confidential information. Do not copy or release without the express written authorization of Softchoice. Version 1.8 30/01/17 Page 6 City of Saint John - Remote EMC and Cisco Installation 8. Softchoice assumes that Client will not alter or modify the solution, except as instructed by Softchoice during the course of implementation, until after the project has been completed and signed off as accepted. Any modifications or alterations made after project sign-off are the responsibility of Client 9. Softchoice will require administrator and or security officer level access to complete the tasks outlined in this SOW. In order to perform the task required, Softchoice will need direct access to the systems. 10. For engagements where Softchoice is managing Client designate Softchoice as Digital Partner of Record (DPOR). 11. It is assumed that Softchoice will have access to all required systems and software to perform at least 6 hours of work per day. Once the project has been formally initiated with a kickoff meeting, Softchoice will work a minimum of 6 hours per day, unless an alternate agreement is established in writing. If any delays occur due to Client readiness to accept the services as per this agreement, the Client will be billed 6 hours per day. 12. It is assumed that all the above listed estimated hours will be consumed in one contiguous block of time as Softchoice has a requirement to schedule resources in advance of projects. 13. Some Work is to be completed remotely Softchoice LP proprietary & confidential information. Do not copy or release without the express written authorization of Softchoice. Version 1.8 30/01/17 Page 7 City of Saint John - Remote EMC and Cisco Installation #«¨¤³ 2¤²¯®²¨¡¨«¨³¨¤² 1. Client shall provide adequate working space and internet access at Client's site for Softchoice to work while onsite. 2. Client shall designate a representative to be the Client Primary Contact. This representative shall be the focal point for all communications relative to this project and shall have the authority to act on Client 3. Client shall provide or secure any specific skills, knowledge, and planning for each application that is within the scope of this project. 4. Client shall ensure that Softchoice is notified of any issues likely to impact this SOW. 5. Client is responsible for providing Client owned or licensed copies of any Client or third-party software that Softchoice installs on the Client 6. Client is responsible for any technology related support calls/ticket submission and support agreements including any incurred costs thereof 7. Client is responsible for all appropriate backups. 8. Client shall provide accurate information regarding network provisioning, TCP/IP settings, server hardware details, software versions, or regulatory requirements. Inaccurate information may add time and cost to the project. 9. Client shall grant Softchoice adequate and reasonable access to their network, servers, and end- authorization and provisioning, Client shall inform Softchoice in advance. 10. Client shall assume all responsibility for site preparation, including space, cabling and electrical requirements. W ±± ³¸Ǿ $¨²¢« ¨¬¤±Ǿ ǉ ,imitations Softchoice warrants that at the time of performance all services will be performed in a good and workmanlike manner and in accordance with generally accepted industry standards for services of a similar nature. Softchoice shall re-perform, at its expense, any services provided pursuant to this SOW which are not in compliance with this warranty brought to its attention within five (5) business days after such services were performed, otherwise such services are deemed accepted. Except for the foregoing, Softchoice makes no representations or warranties whatsoever, expressed or implied, and Softchoice specifically disclaims all other such warranties, including the warranty of merchantability, non- infringement and fitness for a particular purpose or use. In no event shall either party be liable for any incidental, consequential, special, exemplary, punitive or indirect damages of any kind or for business interruption, lost revenue, lost profits, lost data, lost savings or any other commercial or economic loss of any kind arising out of this SOW or any services, deliverables, or work product provided by Softchoice in relation thereto. deliverables, or work product provided by Softchoice, shall be limited in the aggregate to the fees paid by Client to Softchoice under this SOW in the twelve-month period immediately preceding the claim. In no event shall Softchoice be liable for any claim made by Client or any other person to the extent such claim arises out of materials provided by Client to Softchoice to use in developing, performing, or customizing any services or deliverables. Softchoice LP proprietary & confidential information. Do not copy or release without the express written authorization of Softchoice. Version 1.8 30/01/17 Page 8 City of Saint John - Remote EMC and Cisco Installation Fee Schedule Softchoice shall provide Client the services described on a Fixed Price basis. The amount quoted in this statement of work will be invoiced as per the payment terms outlined and will not exceed the total budget quoted. Any services beyond the quoted budget will not be completed nor invoiced without signed authorization by the client. Any changes to the s change management process as explained below. MilestoneAmount Assessment$ 750 Design $ 1,500 Implementation / Documentation $ 8,300 Project Management$ 2,150 Total* $ 12,700 *Exclusive of any applicable taxes All currency is in CDN funds. determine the labor required to perform the defined project. In the event that, in connection with this SOW, Softchoice resells to Client hardware and software or fixes or hardware components or parts), title to the Products shall pass to Client and acceptance of the Products shall occur Freight on Board Origin. For greater certainty, the Products are expressly excluded from Deliverables as defined herein. The Products are resold subject to the: (1) the warranty provided by the manufacturer or licensor of such Products; and (2) the applicable end user license agreement or such other similar terms of use required by the third party vendor of such Products. Client agrees to abide by the terms and conditions of any such applicable end user license agreement or terms of use. 4± µ¤« ǉ ,¨µ¨¦ %·¯¤²¤² For any onsite work that requires travel in excess of 80 km, reasonable and customary travel and living expenses shall be invoiced at actual cost. Softchoice will bill Client for the travel and living expenses required to deliver this project at $2,250 for the engagement. Softchoice LP proprietary & confidential information. Do not copy or release without the express written authorization of Softchoice. Version 1.8 30/01/17 Page 9 City of Saint John - Remote EMC and Cisco Installation # ¢¤«« ³¨® £ 2¤²¢§¤£´«¨¦ Once a start date for the services being provided under this SOW has been agreed upon in writing by Start Date without penalty upon written notice to Softchoice, if such notice is received at least five (5) business days prior to Project Start Date. If Client changes the Project Start Date five (5) business days or less prior to the Project Start Date, Client agrees to pay Softchoice the full price of the services that were scheduled for the week following the Project Start Date. In addition, Client agrees to pay for any penalties or rescheduling fees for any airline tickets, hotels, or any other travel commitments made based on the Project Start Date which #§ ¦¤ 2¤°´¤²³² The fees quoted are based on Softchoice executing the required tasks on a specific, mutually agreed upon, schedule that allows both Softchoice and the client reasonable time to perform their tasks. Any deviation from this scope or schedule could result in corresponding changes to the estimated price, estimated dates, responsibilities, or other provisions of the project. Changes that have material impact to any of the foregoing will be accommodated with a Change Request Form or a separate SOW as deemed appropriate by both parties. If a change does occur, Softchoice will make reasonable efforts to mitigate the costs associated with the change, with the client bearing only that portion of costs that cannot be mitigated or otherwise avoided. 0 ¸¬¤³ 4¤±¬² Services performed under this SOW will be invoiced according to the milestones outlined in the fee schedule above. Client shall pay invoiced amounts within 30 days of the invoice date. Client shall also be responsible for taxes applicable to Client arising out of this Agreement, except for taxes imposed on om the employment relationship between Softchoice and its personnel. Billing Address: Name Paul Blacquier Postal Address 15 Market Square, 9th Floor City, Province, Postal Saint John, NB, E3L 4L1 Phone Number (506)-649-6047 Email Address paul.blacquier@saintjohn.ca 3´¢¢¤²² 3³®±¸ !¯¯±®µ « Softchoice strives to achieve the highest level of client satisfaction by delivering key objectives and critical success factors outlined within this statement of work. Softchoice, from time to time, may engage with you to prepare, collect information and video) and/or testimonial advertisement (brief quote). Upon written approval of the final Success Story, client will consent to internal and public release, in full or in part, of the contents for use in formats, but not limited to, such as websites, whitepapers or slides. Softchoice LP proprietary & confidential information. Do not copy or release without the express written authorization of Softchoice. Version 1.8 30/01/17 Page 10 City of Saint John - Remote EMC and Cisco Installation Approvals Both parties warrant and represent that they have authority to execute this SOW on behalf of their companies and bind them to the obligations stated within. City of Saint John Softchoice LP, by its general partner Softchoice Corporation BY: BY: __________________________________ __________________________________ (AUTHORIZED SIGNATURE) (AUTHORIZED SIGNATURE) PRINT: PRINT: __________________________________ __________________________________ TITLE: TITLE: __________________________________ __________________________________ DATE: DATE: __________________________________ __________________________________ PO # (billing ref. #) __________________ ***This signed document must be sent back in its entirety (not just the signature page) *** Softchoice LP proprietary & confidential information. Do not copy or release without the express written authorization of Softchoice. Version 1.8 30/01/17 Page 11 /hb/L\[ w9thw M&C No. 2017-113 Report Date April 25, 2017 Meeting Date May 01, 2017 Service Area Transportation and Environment Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Public Information Session: Fairville Boulevard (Linton Rd. to Plaza Ave. & Outfall) Storm Sewer Improvements and Manawagonish Creek Channel Upgrades OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Susan Steven-Power Mike Hugenholtz/Brian Jeff Trail Keenan RECOMMENDATION It is recommended that this report be received and filed. EXECUTIVE SUMMARY The purpose of this report is to inform Council of a Public Information Session that will be held in relation to the Fairville Boulevard (Linton Rd. to Plaza Ave. & Outfall) Storm Sewer Improvements and Manawagonish Creek Channel Upgrades project and to update Council on the status of the project. PREVIOUS RESOLUTION March 16, 2015 - 2015 General Fund Capital Program Approved. STRATEGIC ALIGNMENT as it relates to investing in sustainable City services and municipal infrastructure. - 2 - REPORT The approved General Fund Capital Program includes projects for the installation of new storm sewer on Fairville Boulevard and for drainage channel improvements to Manawagonish Creek. Staff looks forward to the tender closing in mid-May 2017. Construction is expected to begin in June 2017 and continue until October 2017. This is a project that will impact the local area during construction. It is for this reason that staff have decided to hold a Public Information Session to allow local residents and business owners an opportunity to view the project design drawings, ask questions and give their feedback. The Public Information Session will be held at the Royal Canadian Lancaster Legion Branch 69 at 714 Wilson Street on Tuesday, May 2, 2017, from 2-4 p.m. and 6-8 p.m. 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 Session. The Public Information Session will be advertised and a bilingual copy of the attached notice will be delivered door to door in the project area. SERVICE AND FINANCIAL OUTCOMES This project will alleviate flooding in the area during major rain events. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS N/A ATTACHMENTS Public Information Session Notice PUBLIC INFORMATION SESSION FAIRVILLE BOULEVARD (LINTON RD. TO PLAZA AVE. & OUTFALL) STORM SEWER IMPROVEMENTS AND MANAWAGONISH CREEK CHANNEL UPGRADES The City of Saint John will be installing new storm sewer on Fairville Boulevard and upgrading the Manawagonish Creek channel as part of the above noted project. The channel work in Manawagonish Creek will be done between Honeysuckle Drive and Highway No. 1 and from Fairville Boulevard to the area behind the Ready Rentals property. New storm sewer will be installed from the Comfort Inn at #1155 Fairville Boulevard to #950 Fairville Boulevard. The project includes the installation of new storm sewer, catchbasins, manholes and associated appurtenances as well as reinstatement of concrete curb, concrete sidewalk and asphalt as required. Construction is expected to begin in June and continue into October 2017. Prior to construction, another notice will be distributed to inform residents and business owners of the actual construction schedule. Although there will be water interruptions and delays in traffic, it is our intent to keep these inconveniences to a minimum. infrastructure. This project is part of the City of Saint John General Fund Capital Program. Representatives from the City of Saint John and the project design team from CBCL Ltd. will be available to answer questions related to the project. The public is invited to attend an information session on this project on the following date and times: nd Date: Tuesday, May 2, 2017 Time: 2:00 4:00 pm and 6:00 8:00 pm Location: Royal Canadian Lancaster Legion Branch 69 714 Wilson Street For further information about this project, contact the City of Saint John Transportation and Environment Services at (506) 658-4455. *Please note this facility is fully accessible.* /hb/L\[ w9thw M&C No. 2017-116 Report Date April 25, 2017 Meeting Date May 01, 2017 Service Area Transportation and Environment Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Public Information Session: King Street Bus Lay-by Reconstruction OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Michael Hugenholtz / Jeff Trail Brian Keenan RECOMMENDATION It is recommended that this report be received and filed. EXECUTIVE SUMMARY The purpose of this report is to inform Council of a Public Information Session that will be held in relation to the King Street Bus Lay-by Reconstruction project, and to update Council on the status of the project. PREVIOUS RESOLUTION November 28, 2016 - 2017 General Fund Capital Program Approved. March 6, 2017 Revisions to 2017 General Fund Capital Program. STRATEGIC ALIGNMENT as it relates to investing in sustainable City services and municipal infrastructure. - 2 - REPORT The approved General Fund Capital Program includes a project for the design and renewal of the concrete bus lay-by surfaces on the north and south sides of King Street near civic #52 (Tim Hortons). Staff looks forward to the tender closing on May 16, 2017. Construction is expected to begin in early July, 2017 and continue until early August, 2017. This project will impact the local area during construction and it is for this reason that staff have decided to hold a Public Information Session to allow local residents and business owners an opportunity to view the project design drawings, ask questions and give their feedback. The Public Information Session will be held at the Uptown Saint John office at 17 Canterbury Street on Wednesday, May 10, 2017, from 8:30-10:30 a.m. and 4:00-6:00 p.m. 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 Session. The Public Information Session will be advertised and a copy of the attached notice will be delivered door to door in the project area. SERVICE AND FINANCIAL OUTCOMES The existing concrete bus lay-by areas on King Street are in poor condition and require replacement. The existing concrete curb and gutter within this section of King Street will also be replaced as part of this project. Following the bus lay-by reconstruction, King Street from Water Street to Charlotte Street will be INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS N/a ATTACHMENTS King Street Public Information Session Notice PUBLIC INFORMATION SESSION KING STREET BUS LAY-BY RECONSTRUCTION The City of Saint John will be undertaking the renewal of the concrete bus lay-by areas on the north and south sides of King Street near civic #52 (Tim Hortons). The work will involve excavating the existing concrete bus lay-by areas and replacing them with new reinforced concrete. The concrete curb and gutter will also be replaced within this section of King Street. Following the bus lay-by reconstruction, King Street from Water Street to Charlotte Street will be Construction is planned to begin in July and is expected to continue into August 2017. Prior to construction, another notice will be distributed to inform residents and business owners of the actual construction schedule. Although there will be delays in traffic and traffic lane closures, it is our intent to keep these inconveniences to a minimum. ntinually improve its infrastructure. This project is part of the 2017 City of Saint John General Fund Capital Program. Representatives from the City of Saint John will be available to answer questions related to the project. The public is invited to attend an information session on this project on the following date and times: Date: Wednesday, May 10, 2017 Time: 8:30 10:30 am and 4:00 6:00 pm Location: Uptown Saint John Office 17 Canterbury Street, Suite 180 For further information about this project contact the City of Saint John Transportation and Environment Services at (506) 658-4455. /hb/L\[ w9thw M&C No. 2017-118 Report Date April 27, 2017 Meeting Date May 01, 2017 Service Area Transportation and Environment Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: RDC Funding Carleton Community Centre Windows OPEN OR CLOSED SESSION This matter is to be discussed in Open Session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Michael Hugenholtz Jeff Trail RECOMMENDATION It is recommended that the Mayor be authorized to send a request to the Regional Development Corporation (RDC) for funding support of the Carleton Community Centre window replacement. REPORT The approved 2017 General Fund Capital Program includes a project for the replacement of the remaining windows at the Carleton Community Centre. RDC has just announced a funding program that will provide up to $25,000 for retrofit projects to improve the energy efficiency of community centres. The application process is informal, requiring only a written request from the Mayor to be submitted by May 12, 2017. PREVIOUS RESOLUTION N/A SERVICE AND FINANCIAL OUTCOMES This is planned work for which funding is included in the 2017 General Capital Budget. A successful application will result in reduced costs for the City of Saint John. - 2 - INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS N/A ATTACHMENTS N/A /hb/L\[w9thw M&CNo.2017114 ReportDateApril25,2016 MeetingDateMay01,2016 ServiceAreaCorporateServices HisWorshipMayorDonDarlingandMembersofCommonCouncil SUBJECT:SecondaryLogoforUseonCommercialPromotionalItems OPENORCLOSEDSESSION ThismatteristobediscussedinopensessionofCommonCouncil. AUTHORIZATION PrimaryAuthorCommissioner/Dept.HeadCityManager NancyMoarNeilJacobsenJeffTrail RECOMMENDATION CommonCouncilauthorizestheCommunicationsDepartmenttodistributethe ͻ{ĻĭƚƓķğƩǤExplorer\[ƚŭƚͼtoeligiblecommercialenterprisesorindividualsto useforproductionofcommercialmanufacturedpromotionalmerchandise. EXECUTIVESUMMARY CommonCouncilhasexpressedadesiretoreleasethe/źƷǤ͸ƭExplorerlogofor itintheproductionof usebycommercialenterprisesinterestedinusing promotionalmerchandise.{ƷğŅŅ͸ƭoriginalrecommendationwastoselectathird partycompanytolicensethelogohowever,/ƚǒƓĭźƌ͸ƭpreferencewastomake thelogomorewidelyavailablesothatanyenterprisemighttakeadvantageof thisopportunity. Itwasimportanttodevelopaprogramthatwoulddifferentiatecommercial promotionalmerchandiseavailableforpurchasefromusesassociatedwiththe /źƷǤ͸ƭcorporatelogo.Asecondarylogo,incorporatingelementsofthecorporate logowasdeveloped.Staffresearchedbestpracticesonhowadistribution programcouldbedevelopedinternally,usingavailableresources.Workingwith LegalServices,aprocessandguidelinesweredevelopedtoprotecttheCityand maintainbrandintegritywhileenablingthosewouldliketopromotetheCityby usingthesecondarylogotosellmerchandise. Thoseinterestedinusingthesecondarylogowouldapplythroughthe/źƷǤ͸ƭ communicationsdepartment(seeAppendix2).Uponapproval,theywould receivethesecondarylogoinanumberofelectronicformats.Thisincluded developinganapplicationformandlogostandards(attached). - 2 - EnterpriseSaintJohnhasreviewedandapprovedtheattachedlicensing agreementtoallowtheuseoftheExplorerimageonthesecondarylogoandto makethesecondarylogoavailableforusebythosewhomeetthestandardsand requirementsoftheattachedTermsofUse. beavailableonthe/źƷǤ͸ƭwebsiteonTuesday,May Ifapproved,applicationswill 2,2017. PREVIOUSRESOLUTION 1.NegotiatealicenseagreementwithEnterpriseSaintJohnauthorizingthe useoftheͻƩǒĻDƩƚǞƷŷ ͼExplorerbrandforthepurposeofintroducinga privatesectormerchandisingprogram. 2.WorkwithEnterpriseSaintJohntodesignsuitablesecondaryͻƩǒĻ andlogousage DƩƚǞƷŷ ͼExplorerlogooptionsandsupportingbrand guidelinesforinclusioninanexternalmerchandisingprogram.The secondarylogooptionsmustbedesignedinawaythatwillnotduplicate existingbrandusesbyEnterpriseSaintJohn,theCityofSaintJohn, regionalmunicipalitiesandothermunicipalagencies,boardsand commissions. 3.Issueanͻ9ǣƦƩĻƭƭźƚƓofLƓƷĻƩĻƭƷͼtogaugetheinterestandviabilityof localprivatesectorsuppliersdevelopinganddeliveringacommunity basedExplorerbrandmerchandiseprogram. 4.PrepareabusinesscasetoillustratecostsandbenefitstotheCityofSaint JohnandcommunityassociatedwiththelaunchofanexternalExplorer brandmerchandiseprogram. 5.PreparefinalrecommendationsforCommonCouncilwithrespectto adaptinganexternalExplorerbrandmerchandisingprogram. STRATEGICALIGNMENT Thisinitiativesupports/ƚǒƓĭźƌ͸ƭPriorityofVibrant,SafeCitybyencouraging communitypride. SERVICEANDFINANCIALOUTCOMES DistributionandreviewoftheapplicationswillbedonebytheCommunications Department. INPUTFROMOTHERSERVICEAREASANDSTAKEHOLDERS LegalServicesandEnterpriseSaintJohn ATTACHMENTS Appendix1:ProposedRequestFormincludingͻ{ĭŷĻķǒƌĻA:AcceptableUseDǒźķĻƌźƓĻƭͼ Appendix2:LicensefromEnterpriseSaintJohn - 3 - Appendix1:ProposedRequestFormincludingͻ{ĭŷĻķǒƌĻA:AcceptableUse DǒźķĻƌźƓĻƭͼ Request Form – The City of Saint John Secondary Logo Thank you for requesting to use the City of Saint John Secondary Logo, as more fully depicted in the attached Schedule A (the “Logo”). Please complete the request form below to begin the process. Your request will be reviewed by the City within five (5) business days against the criteria established by the City in the Terms of Use set out below, which may be amended at the City’s sole discretion from time to time. If your request is approved, you will receive correspondence to that effect together with the Logo in three electronic formats (.jpg, eps vector and .pdf). Name of the Requesting Party: ___________________________________________ Email: ______________________________________________________________ Address:_____________________________________________________________ Phone Number(s):_____________________________________________________ Please provide a detailed description below respecting how you intend to use the Logo, having regard to the Terms of Use identified below: I have read the Terms of Use below and hereby acknowledge that I understand and accept them Terms of Use The Explorer image on the Logo is the intellectual property of the Greater Saint John Economic Development Agency, Incorporated, carrying on business as ESJ - Enterprise Saint John (“ESJ”). ESJ has given its permission to the City to utilize the Explorer image on the Logo for the purposes contemplated under these Terms of Use; however, you hereby acknowledge as the Requesting Party that ESJ could withdraw its permission in this regard at any time in the future with the consequent effect that your permission to use the Logo would immediately cease; Requesting parties interested in using the Logo are to submit the Request to logo@saintjohn.ca; The City reserves the right to refuse to grant permission to a Requesting Party, at its sole and absolute discretion, to use the Logo based on the nature of the request and whether it adheres to any brand standards that the City may put in place from time to time; The Logo must be used on a standalone basis on merchandise and cannot be used in conjunction with any other logo, wording or tagline. For the benefit of clarity, the Logo cannot be manipulated or altered in any way whatsoever that departs from the Logo, as provided in the aforementioned three electronic formats. This includes, but is not limited to, adding or deleting any text or “stretching” the image; - 4 - The Logo cannot be used to endorse any events, for sponsorship or for any use other than to be placed on merchandise approved by the City under these Terms of Use; The City reserves the right to order the Requesting Party to remove and destroy any merchandise that does not adhere to acceptable use guidelines or that portrays the City in a negative manner, as determined at the City’s sole and absolute discretion; The City will provide the Logo in only the three formats outlined (j.pg, eps vector and .pdf). The City will not provide any other formats; A Requesting Party does not have the right to allow others (i.e. any third party) to use the Logo. Any use of the Logo will be evaluated on a case by case basis having regard to the Terms of Use. The Requesting Party hereby agrees to indemnify and hold the City harmless for any claims, actions or demands arising from the Requesting Party’s use of the Logo; The City reserves the right, at any time, to withdraw permission to any Requesting Party to use or continue to use the Logo. Should such permission be withdrawn by the City, at its sole and absolute discretion, the Requesting Party acknowledges that it shall have no claim or cause of action against the City or any of its employees, agents or assigns. - 5 - Appendix1ScheduleA - 6 - Appendix2:LicensefromEnterpriseSaintJohn THIS LICENSE AGREEMENT made in duplicate this ____ day of May, 2017. BY AND BETWEEN: GREATER SAINT JOHN COMMUNITY ECONOMIC DEVELOPMENT AGENCY, INCORPORATED, a body corporate carrying on business as ESJ ENTERPRISE SAINT JOHN, hereinafter called the Licensor OF THIS FIRST PART -and- THE CITY OF SAINT JOHN, a body corporate by Royal Charter, confirmed and amended by Acts of the Legislative Assembly of the Province of New Brunswick, hereinafter OF THE OTHER PART WHEREAS, the logo described as the is depicted in visual form at is the property of the Licensor; AND WHEREAS all intellectual property and other rights to the Logo belong to the Licensor; AND WHEREAS the Licensee has developed a secondary logo, of which the hereto; AND WHEREAS the Licensee wishes to acquire all necessary rights and permission from the Licensor required at law in order to allow the Licensee to permit third party applicants to utilize the Secondary Logo for the limited purposes and subject to the corresponding Terms of Use, as is attached at hereto; NOW THEREFORE THIS AGREEMENT WITNESSETH that the parties hereto for and in consideration of these presents and other valuable consideration, the receipt whereof is hereby acknowledged, covenant and agree each with the other as follows: 1. The Licensor hereby grants all legal rights and permission necessary to the Licensee for the Licensee to utilize the Logo in the Secondary Logo and for the Licensee to allow third parties, as approved by the Licensee pursuant to the Terms of Use particularized in , to utilize the Secondary Logo for the limited purposes set out in the said Terms of Use. 2. The Licensee shall not be obligated to pay any fee whatsoever to the Licensor for the License herein granted. st 3. The License herein granted shall be for a term commencing on May 1, 2017. 4. Notwithstanding paragraph 3 of this License Agreement, the Licensor may terminate the License herein granted by giving six (6) months written notice to the Licensee. 5. The Licensee shall not have any claim against the Licensor for loss or damage of any nature, kind or description whatsoever arising from the exercise or purported exercise of the License herein granted, unless such loss 6. The Licensee hereby indemnifies, defends and saves harmless the Licensor, its employees, officers, agents, successors and assigns, from and against any and all losses, costs, claims, demands, expenses, proceedings and actions of every nature and kind for injury or damages, including indirect, consequential and incidental damages to persons or property which are or may be in any way related to, or connected or associated with this License or anything done or purported to be done in any manner hereunder, provided that the Licensee is not obligated to indemnify the Licensor for claims arising from the negligence or willful misconduct of the Licensor, its employees, officers, agents, successors and assigns. 7. All notices shall be in writing and shall be deemed validly given if personally served, sent by courier, registered mail or facsimile as follows or to any other address that may be provided in writing from time to time by one party to the other. The Licensor ESJ Enterprise Saint John The Telegraph Building 40 King Street Saint John, NB E2L 1G3 Attn: Chief Executive Officer The Licensee: The City of Saint John 15 Market Square P.O. Box 1971 Saint John, NB E2L 4L1 Attn: Common Clerk 8. The License herein granted shall be governed by and construed in accordance with the laws of the Province of New Brunswick. 9. Any provision of the License herein which is prohibited or unenforceable shall be ineffective to the extent of such prohibition or unenforceability and shall be severed for the balance of this License without affecting its remaining provisions. IN WITNESS WHEREOF the parties hereto have set their corporate seals duly attested by the signature of their properly authorized officers respectively the day and year first written above. SIGNED, SEALED & DELIVERED ) ) ) THE CITY OF SAINT JOHN ) ) ) ) _______________________________ ) Mayor ) ) ) _______________________________ ) Common Clerk ) ) Common Council Resolution: ) __________________, 2017 ) ) ) ) ____________________________ ) Witness ) ______________________________ PROCLAMATION WHEREAS: The New Brunswick Chapter of the Canadian Society of Safety Engineering is an organization committed to increasing the understanding of the benefits of investment in occupational health and safety and raising awareness of the importance of safety in our everyday lives; and WHEREAS: The North American Occupational Safety and Health (NAOSH) Week is a continent wide event spanning three countries Canada, USA and Mexico; that highlight to the public, government, and industry the importance of increasing understanding, raising awareness and reducing injuries and illness in the workplace, at home and in the community; and WHEREAS: The goal of the North American Occupational Safety & Health (NAOSH) Week is to focus the attention of employers, employees, the general public and all partners in occupational safety and health on the importance of preventing injury and illness in the workplace, at home and in the community. NOW THEREFORE: I, Mayor Don Darling, of Saint thth John do hereby proclaim May 7 to 13, 2017 as North American Occupational Safety and Health (NAOSH) Week in Saint John, New Brunswick. In witness whereof I have set my hand and affixed the official seal of the Mayor of the City of Saint John. PLANNING ADVISORY COMMITTEE April 21, 2017 His Worship Mayor Don Darling and Members of Common Council Your Worship and Councillors: SUBJECT: Proposed Rezoning and Section 39 Amendment 307 Westmorland Road On April 3, 2017 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its April 19, 2017 meeting. Ms. Krista McDevitt, the applicant, appeared before the Committee and was in agreement with the recommendation contained in the Staff Report. Staff responded to questions from the committee regarding a dwelling unit being a permitted use on the property and the intent of the proposed Section 39 condition relating to the completion of the landscaping. The applicant also noted that they were in agreement with the longer timeline for the completion of the landscaping as it allows for a potential purchaser to implement the landscaping. Committee members expressed concern with the 3 year timeline and considered the potential to amend the condition to allow the landscaping to be completed within one year of the sale of the property or one year of the issuance of a change of use permit. This matter was reviewed with Staff and an amended Section 39 condition was proposed by the Committee to require the completion of the landscaping by the earlier of 3 years from the date of the rezoning or within 1 year of the sale of the property. No other persons appeared before the committee. After considering the report and the comments of the applicant, the Committee adopted the recommendation contained in the Staff Report as amended with respect to the timeline for the completion of the landscaping. Page 1 of 2 Krista McDevitt 307 Westmorland Road April 21, 2017 RECOMMENDATION: 1. That Common Council rezone a parcel of land having an area of approximately 4,227 square metres, located at 307 Westmorland Road, also identified as PID No. 00316430, from Local Commercial (CL) to General Commercial (CG). 2. That Common Council rescind the Section 39 conditions imposed on the January 25, 1988, rezoning of the property located at 307 Westmorland Road, also identified as PID No. 00316430. 3. That, pursuant to Section 39 of the Community Planning Act, the development and use of the parcel of land having an area of approximately 4,227 square metres, located at 307 Westmorland Road, also identified as PID No. 00316430 shall be subject to the following conditions: a. The following uses General Commercial (CG) uses are not permitted: a. Accommodation b. Bar, Lounge, or Nightclub c. Financial Service d. Private Club e. Recreational Vehicle Sales and Service, Small f. Recycling Bins g. Service Station h. Vehicle Repair Garage i. Vehicle Sales, Incidental j. Parking Lot, Commercial k. Parking Lot, Parking Structure b. The front yard of the property be improved through landscaping in accordance with the general landscaping provisions of the Zoning Bylaw subject to a plan prepared by the property owner and approved by the Development Officer and that this be completed within the earlier of three years of the rezoning or within one year of the sale of the property from the current owner. Respectfully submitted, Eric Falkjar Chair Attachments Page 2 of 2 Date: To: From: For:Meeting ofWednesday,April 19, 2017 SUBJECT Applicant: Owner: Location: PID: Plan Designation: Existing Zoning: Proposed Zoning: Application Type: Jurisdiction:Community Planning Act Monday,May 1, 2017 SUMMARY RECOMMENDATION DECISION HISTORY ANALYSIS Proposal Site and Neighbourhood Municipal Plan Rezoning Conclusion ALTERNATIVES AND OTHER CONSIDERATIONS ENGAGEMENT Public SIGNATURES AND CONTACT Prepared: Reviewed:Approved: Contact: Phone: E-mail: Project: APPENDIX SiteLocation MunicipalPlan Zoning AerialPhotography SitePhotography PLANNING ADVISORY COMMITTEE SUBJECT:Zoning By-Law Amendment Medical Marijuana Production Facilities RECOMMENDATION: Date: April 13, 2017 To: PlanningAdvisory Committee From: Growth & Community Planning Growth & Community Development Services For: Meeting ofWednesday,April 19, 2017 SUBJECT Applicant:City of Saint John Application Type: Zoning By-Law Amendment Jurisdiction:The Community Planning Actauthorizes the Planning Advisory Committee to give its views to Common Council concerning proposed amendments to the Zoning By-law. Common Council will consider the Committee recommendation at a public hearing onMonday,May 1, 2017. SUMMARY Growth and Community Development Staff are proposing to amend the Zoning By-law to add a Medical Marijuana Production Facility as a permitted use in the Medium Industrial (IM) and Heavy Industrial (IH) zones. This is a similar approach to that taken by other Canadian jurisdictions. Site design and separation distances are also proposed for the production facilities. The by-law amendment will allow the City to capitalize on potential developments of these facilities which have been identified as a component of the Provincial Economic Growth Plan.Approval of the amendment is recommended. Page 1 of 5 City of Saint JohnMedical Marijuana Production FacilitiesApril 13, 2017 RECOMMENDATION 1.That Common Council adopt the attached by-law amendment entitled “By-law No. C.P. 111-xx, A Law to Amend the Zoning By-Law of The City of Saint John.” DECISION HISTORY On April 3, 2017, Common Council scheduled a May 1public hearing to consider an amendment to the Zoning By-lawrelating to Medical Marijuana Production Facilities. Common Council also referred the matter to the Planning Advisory Committee for a report and recommendation. ANALYSIS Background City Staff are proposing a text amendment to the City of Saint John Zoning By-law to include production facilities for medical marijuana as a permitted use in select industrial zones. These facilities are currently subject to licensing by Health Canada and are permitted land uses in select industrial zones in Moncton and Fredericton. The Province of New Brunswick has identified research, production and value-added services associated with marijuana as an area of focus in its Economic Growth Plan. Currently under Federal law, opportunities exist for the development of large-scale production facilities for medical marijuana with these facilities being licensed by Health Canada. Two facilities are currently located in New Brunswick - OrganiGram in Moncton, and Zenabis in Campbellton. This approach would allow for the City to capitalize on the possible location of a medical marijuana production facility in Saint John given that there have been two such facilities established in New Brunswick in recent years. Growth and Community Development Staff are recommending amendments to the Zoning By- law that would follow a similar approach as that taken by Moncton and Fredericton to permit these large-scale facilities licensed by Health Canada. Staff have consulted with other service areas including Legal, the Saint John Fire Department and the Saint John Police Force with respect to the proposed amendments as part of the preparation of the Staff Report to the Planning Advisory Committee. These proposed amendments pertain to the large scale production facilities which are different from the small-scale marijuana dispensaries which have recently been established in Saint John and other Canadian municipalities. These smaller-scale facilities involve the retail sale of marijuana and are currently not licensed by Health Canadaand operate in contravention of federal law. With respect to the pending legalization of marijuana, Growth and Community Development Staff will review the proposed federal marijuana legalization legislation once it is introduced and report back to Common Council regarding the implications for the Zoning By- law. Page 2 of 5 City of Saint JohnMedical Marijuana Production FacilitiesApril 13, 2017 Proposed Amendments The proposed amendments focus on three areas which are discussed in more detail below: ·Adding the definition of a Medical Marijuana Production Facility to the by-law and revising other definitions to clarifytheir interpretation with respect to this use. ·Adding a MedicalMarijuana Production Facility as a permitted use in the Heavy Industrial (IH) and Medium Industrial (IM) zones. ·Addingsite development standards for Medical Marijuana Production Facilities. Definitions Medical Marijuana production facilities aretypically large-scale facilities which generally resemble a large industrial building, such as a warehouse, where marijuana is produced, processed and shipped for medical use in accordance with Federal Legislation. Staff have developed the following definitionfor the production facilities: "medical marijuana production facility” means an establishment where marijuana used for medical purposesis cultivated, processed, tested, destroyed,stored, packaged or distributed.” In accordance with Federal Legislation, City staff will receive notification of a party seekingto establish a facility in the municipality and notification ofthe issuance of a licence or the renewal, amendment, suspension, reinstatement, or revocation of a licence. Staff are also proposing amendments to the following definitions to clarify their interpretation in order that they are not considered to be a Medical Marijuana Production Facilities: ·agricultural use ·forestry use ·garden centre ·light industrial use ·research and development facility ·special industrial use. These amendment definitions will strengthen the interpretation of the Zoning By-law with respect to these uses and prevent an interpretation that would result in the medical marijuana production facilities being located in a zone other than the Heavy Industrial (IH) or Medium Industrial (IM) zones. Facility Location and Site Design Standards Staff are proposing that a medical marijuana production facility be added to the list of permitted uses in the Medium Industrial (IM) and Heavy Industrial (IH) zones. The approach of locating these facilities in select industrial zones is consistent with the approach taken by other Page 3 of 5 City of Saint JohnMedical Marijuana Production FacilitiesApril 13, 2017 municipalities includingCalgary, Edmonton, Toronto, Moncton and Fredericton. This approach also conforms tothe policy intent of the Municipal Plan which seeks to concentrate major new industrial developments in Industrial Parks. Specific design standards for these facilities are also proposedthat would require all functions, except visitor and employee parking, to be located within an enclosed building and prohibit outdoor storage associated with the land use. These design standards are consistent with thosefound in other municipalities. Staff also propose a spacing requirement that would not permit a lot containing a medical marijuana processing facility to be located within 150 metres of a residential zone or a lot containing an existing public or private school. Staff have reviewed the impacts of the spacing requirements onadjacent residential lands near theLorneville, Grandview and McAllister Industrial Parks and these areas are generallyoutside of the proposed150 metreseparation distance. A parking standard for medical marijuana production facilities is also recommended which is similar to thatrequired for other large industrial facilities such as warehouses. Conclusion The proposed amendments will allow for the establishment of medical marijuana production facilities in Saint John in appropriate locations. Standards, consistent with those used in other Canadian jurisdictions are recommended to mitigate potential impacts in surrounding land uses. ALTERNATIVESAND OTHER CONSIDERATIONS No other alternatives were reviewed. ENGAGEMENT Public The publichearing for the rezoning was advertised in the Telegraph-Journal onApril 6, 2017 and a second advertisement will be published in the April 26, 2016editionin accordance with the requirements of the Community Planning Act. SIGNATURES AND CONTACT PreparedApproved: Mark Reade, P.Eng., MCIP, RPPJacqueline Hamilton, MURP, MCIP, RPP Senior PlannerCommissioner Page 4 of 5 City of Saint JohnMedical Marijuana Production FacilitiesApril 13, 2017 Contact:Mark Reade Phone: (506) 721-0736 E-mail:mark.reade@saintjohn.ca APPENDIX Submission 1:Draft Amending By-law Page 5 of 5 BY-LAW NO. C.P. 111-xx A LAW TO AMEND THE ZONING BY-LAW OF THE CITY OF SAINT JOHN /hb/L\[ w9thw # found on Sharepoint. M&C No. Report Date April 24, 2017 Meeting Date May 01, 2017 Service Area Growth and Community Development Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: 280 Main Street (PID#374330) OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Rachel Van Wart A Poffenroth /J Hamilton Jeff Trail RECOMMENDATION Your City Manager recommends that Common Council direct one or more of the Officers appointed and designated by Council for the enforcement of the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law, to arrange for the demolition of the building at 280 Main Street (PID#374330), in accordance with the applicable City purchasing policies. EXECUTIVE SUMMARY The purpose of this report is to advise Council that a Notice to Comply was issued under Section 190 of the Municipalities Act for the building at 280 Main Street, the hazardous conditions outlined in the Notice have not been remedied by the owners within the required time frame and staff is looking for direction from Council to arrange the demolition of the building. PREVIOUS RESOLUTION N/A STRATEGIC ALIGNMENT Enforcement of the Saint John Unsightly Premises and Dangerous Buildings and Structures By- priority. - 2 - REPORT Inspections of the property at 280 Main Street, PID# 374330, have revealed the structurally unsound. The Building is a three-storey, wood-framed apartment and began standard enforcement procedures. The property is located in the safety of the public by reason of being open, vacant, by reason of dilapidation and by reason of unsoundness of structural strength. For the reasons described in the attached Inspection Report, a Notice to Comply was issued on March 16, 2017 and was posted to the front entrance of the building on March 17, 2017. The Certificate Regarding Title for the building lists one individual as the registered owner. The owner was served on March 22, 2017 and did not take any remedial action to comply with the requirements of the Notice. The Notice provided the owner with 30 days to remedy the conditions at the property. During this time no appeal was formally requested. A compliance inspection was conducted on April 24, 2017 which revealed that the conditions which gave rise to the Notice have not changed since the Notice was issued. d are photographs of the building. The Municipalities Act indicates that where a Notice to Comply has been issued arising from a condition where a building has become a hazard to the safety of the public by reason of dilapidation, unsoundness of structural strength, or being vacant or unoccupied, the municipality may cause the building to be demolished. As required in the Act a report from an engineer is attached, forming part of the issued Notice to Comply, and provides the evidence to the ancy, dilapidation, unsoundness of structural strength and resulting hazard to the safety of the public. SERVICE AND FINANCIAL OUTCOMES As is written in the Municipalities Act that a municipality must commence in the proceedings of remedial action, approval of Common Council is required prior to starting demolition activities at this property. Cost of the demolition work is approximated at $15,000 to $20,000 and will take about 4-6 weeks before it is complete. Staff will seek competitive bidding in purchasing policy and the cost of the work will be billed to the property owners. If the bill is left unpaid, it will be submitted to the Province with a request for reimbursement. - 3 - INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Certificate Regarding Title ATTACHMENTS Affidavit of Service Notice to Comply and Inspection Report Photos Њ tŷƚƷƚ ЌАЍЌЌЉ tL5ϔ ЋБЉ ağźƓ {ƷƩĻĻƷͲ {ğźƓƷ WƚŷƓͲ bĻǞ .ƩǒƓƭǞźĭƉ Ћ tŷƚƷƚ ЌАЍЌЌЉ tL5ϔ ЋБЉ ağźƓ {ƷƩĻĻƷͲ {ğźƓƷ WƚŷƓͲ bĻǞ .ƩǒƓƭǞźĭƉ Ќ tŷƚƷƚ ЌАЍЌЌЉ tL5ϔ ЋБЉ ağźƓ {ƷƩĻĻƷͲ {ğźƓƷ WƚŷƓͲ bĻǞ .ƩǒƓƭǞźĭƉ Ѝ tŷƚƷƚ ЌАЍЌЌЉ tL5ϔ ЋБЉ ağźƓ {ƷƩĻĻƷͲ {ğźƓƷ WƚŷƓͲ bĻǞ .ƩǒƓƭǞźĭƉ Ў tŷƚƷƚ ЌАЍЌЌЉ tL5ϔ ЋБЉ ağźƓ {ƷƩĻĻƷͲ {ğźƓƷ WƚŷƓͲ bĻǞ .ƩǒƓƭǞźĭƉ Џ tŷƚƷƚ ЌАЍЌЌЉ tL5ϔ ЋБЉ ağźƓ {ƷƩĻĻƷͲ {ğźƓƷ WƚŷƓͲ bĻǞ .ƩǒƓƭǞźĭƉ А tŷƚƷƚ ЌАЍЌЌЉ tL5ϔ ЋБЉ ağźƓ {ƷƩĻĻƷͲ {ğźƓƷ WƚŷƓͲ bĻǞ .ƩǒƓƭǞźĭƉ /hb/L\[ w9thw M&C No. M & C 115 Report Date April 25, 2017 Meeting Date May 01, 2017 Service Area Legislative Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: -Law OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Orlando A. Lineros John L. Nugent Jeff Trail RECOMMENDATION It is in order for Council to give first and second reading to the attached Procedural By-law Amendment. EXECUTIVE SUMMARY We have been directed to prepare an amendment Procedural By- Law dealing with 1) a new deadline to submit agenda and Council kit for regular meetings of Council; and 2) the adoption of a procedure to manage communications from the public. As a result, the attached Amendment has been produced. PREVIOUS RESOLUTION th See the resolution of Common Council dated the 6 day of February, 2017, attached. STRATEGIC ALIGNMENT Each municipality in the Province is obliged to enact a by-law to regulate the procedure of its Council meetings (section 10.3(1) of the Municipalities Act). REPORT City Manager was directed to report back to Council with suggested Procedural By-law amendments to address the By-law provisions respecting agenda publishing dates. Therefore, a new deadline to submit the agenda and Council kit - 2 - for regular meetings of Council has been incorporated in the Procedural By-law Amendment. Currently, there is no procedure to manage communications from the public. Therefore, a new section was incorporated to establish a process to manage such communications; specifically, Section 9.3. SERVICE AND FINANCIAL OUTCOMES N/A INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The Office provided recommendations which are contained in the attached Procedural By-law Amendment. ATTACHMENTS th Resolution of Common Council dated the 6 day of February, 2017 Procedural By-Law Amendment BY-LAW NUMBER M-5 ARRÊTÉ Nº M-5 A LAW TO AMEND A BY-LAW ARRÊTÉ RESPECTING THE PROCEDURE OF THE CONCERNANT LE RÈGLEMENT COMMON COUNCIL INTÉRIEUR DU CONSEIL COMMUNAL DE OF THE CITY OF SAINT JOHN THE CITY OF SAINT JOHN Be it enacted by the Common Council of The City of Saint John as follows: The City of Saint John a décrété ce qui suit : A By-Law of The City of Saint John he City of a By-Law Respecting the Procedures of Saint John intitulé « Arrêté concernant le the Common Council of The City of Saint Johnrèglement intérieur du conseil communal de The th enacted on the 29 day of November, A.D. 2010, is City of Saint John », édicté le 29 novembre 2010, hereby amended as follows: est modifié comme suit : 1 Sections 8.6 to 8.9 are repealed and 1 Les paragraphes 8.6 à 8.9 sont abrogés et replaced with the following: remplacés par ce qui suit : 8.6 Delivery - to Members - prior to Meeting « 8.6 Distribution aux membres avant la réunion The Clerk shall use best efforts to ensure Le greffier ou la greffière doit faire tout ce that copies of the agenda and Council kit for qui est en son pouvoir pour s'assurer que les regular meetings of Council are delivered in copies de l'ordre du jour et la trousse de printed format and/or distributed documents relatifs aux réunions ordinaires electronically to each Member so that they du conseil sont distribuées sous forme are received in each case by 4:30 p.m. on imprimée et/ou électronique de manière à ce the Thursday immediately preceding the que chaque membre les reçoive avant 16 h regular meeting. 30 le jeudi précédant la réunion ordinaire. 8.7 Made available - to officers - staff 8.7 Mis à la disposition des dirigeants et des employés The Clerk shall use best efforts to ensure Le greffier ou la greffière doit, le jeudi that electronic copies of the agenda and précédant la réunion, faire tout ce qui est en Council kit for regular meetings of Council son pouvoir pour s'assurer que l'ordre du are made available to all Corporation jour et la trousse de documents relatifs aux officers and staff who are to receive copies réunions ordinaires du conseil, sont thereof as determined by the City Manager transmis sous forme électronique à tous les on the Thursday immediately preceding the dirigeants et employés de la Corporation qui meeting. doivent les avoir reçus, comme l'indique le directeur général. 8.8 Made available - public rand public The Clerk shall use best efforts to ensure Le greffier ou la greffière doit faire tout ce that copies of the agenda and Council kit for regular meetings of Council are made available to the general public at the office relatifs aux réunions ordinaires du conseil of the Clerk and on the website of The City sont mis à la disposition du grand public au of Saint John by 4:30 p.m. on the Friday bureau du greffier communal ou de la immediately preceding the regular meeting. greffière communale et sur le site Web de The City of Saint John avant 16h30 le vendredi précédent la réunion ordinaire. 8.9 Submissions - to Clerk - deadline 8.9 Propositions au greffier ou à la greffière, date limite All submissions for inclusion in the agenda Toute proposition devant être inscrite à for regular meetings of Council shall be es réunions ordinaires du submitted to the Clerk no later than 4:00 conseil doit être remise au greffier ou à la p.m. on the Wednesday immediately prior greffière avant 16 h le mercredi précédant la to the day on which the agenda is to be distributed pursuant to Sections 8.6 and distribué en vertu des paragraphes 8.6 et 8.7. » 2 Section 9 is amended by adding the words 2 9 est - Communications from the p immediately mots «, communications du public » . immédiatement après le mot « Pétitions ». 3 The following Section is enacted and added 3 Le paragraphe suivant est édictés et immediately following Section 9.2: suivent immédiatement le paragraphe 9.2 : 9.3 Communications from the public « 9.3 Communications du public (1) Communications from the public given to (1) Les communications du public présentées the Council, a Committee or the Clerk: au conseil, à un comité, au greffier ou à la greffière : (a) All communications about a matter on a) Toute communication relative à un a meeting agenda that Council, a sujet à ordre du jour Committee or the Clerk receives shall que le conseil, un comité, le greffier become part of the public record. ou la greffière reçoit, fait partie des archives publiques. (b) All communications shall be available b) Toute communication est mise à la to Members and to the public before a disposition des membres et du public meeting or, if necessary, distributed avant une réunion, ou si nécessaire, directly to Members and the public remise directement aux membres et during a meeting. (2) Requirements for communications from the (2) Exigences relatives aux communications public given to Council, a Committee, or du public remises au conseil, à un comité, the Clerk: au greffier ou à la greffière : All communications shall be in writing Toute communication est faite par écrit and: et : (a) be delivered in person or sent by mail, a) est livrée en personne ou envoyée par e-mail or fax; la poste, par courriel ou par fax; (b) be addressed to Council, a Committee b) est adressée au conseil, à un comité, or to the Clerk; au greffier ou à la greffière; (c) be legible; c) est lisible; (d) be in a reproducible format; d) est dans un format reproductible; (e) include the name and mailing address e) inclut les nom et adresse postale ou le or the telephone number of the author; and et (f) not contain defamatory or offensive f) ne contient pas de propos language. diffamatoires ou offensants. (3) Public communications and public record: (3) Communications publiques et archives Personal information and opinions in publiques : Toute information personnelle communications shall become part of the et opinion contenues dans les public record, unless the author of the communications font partie des archives communication requests the removal of his publiques, personal information when submitting it, or communication demande que son the Clerk determines that the release of the information personnelle soit retirée personal information contravenes the Right présente ou si le greffier ou la to Information and Protection of Privacy greffière juge que la diffusion de Act, SNB 2009, c R-10.6, and amendments à la thereto. Loi sur le droit à l'information et la protection de la vie privée, LN-B 2009, c R-10.6 et les modifications afférentes. (4) Consideration of communications by (4) Examen des communications par un Corporation officer: dirigeant de la Corporation : (a) If the Clerk determines that a a) Si le greffier ou la greffière considère Corporation officer should consider any communication prior to a meeting, devrait examiner une communication the Clerk shall forward a copy of the avant une réunion, le greffier ou la communication to the appropriate greffière retransmet une copie de la Corporation officer. communication au dirigeant de la Corporation concerné. (b) If paragraph (a) applies, the b) le dirigeant Corporation officer may submit a de la Corporation peut soumettre un report directly to Council or the rapport directement au conseil ou au Committee in response to the comité en réponse à la communication communication. » 4 Section 10.1 is amended by deleting the 4 Le paragraphe 10.1 est modifié par la word suppression du mot « mardi » immédiatement après les mots « avant 16 . h le » et son remplacement par le mot « mercredi ». 5 Section 10.3 is amended by deleting the 5 Le paragraphe 10.3 est modifié par la words suppression du mot « mardi » immédiatement après les mots « avant 16 . h le » et son remplacement par le mot « mercredi ». 6 Section 15.24 is amended by deleting the 6 Le paragraphe 15.24 est modifié par la suppression du mot « mardi » immédiatement après les mots « au plus . tard à 16 h le » et son remplacement par le mot « mercredi ». 7 Section 21.2 is amended by deleting the 7 Le paragraphe 21.2 est modifié par la suppression du mot «mercredi » immédiatement après les mots « les . reçoivent toujours le » et son remplacement par le mot « jeudi ». 8 Section 21.3 is amended by deleting the 8 Le paragraphe 21.3 est modifié par la suppression du mot « mercredi » immédiatement après les mots « comme le directeur, le » et son remplacement par le mot « jeudi ». 9 Section 21.5 is amended be deleting the 9 Le paragraphe 21.5 est modifié par la suppression du mot « mardi » immédiatement après les mots « au plus . tard à 16 h le » et son remplacement par le mot « mercredi ». 10 Section 21.22 is amended by deleting the 10 Le paragraphe 21.22 est modifié par la suppression du mot « mardi » immédiatement après les mots « avant 16 h le » et son remplacement par le mot « mercredi ». 11 Section 21.23 is amended by deleting the 11 Le paragraphe 21.23 est modifié par la ely after the words suppression du mot « mardi » 4:00 pm on th the immédiatement après les mots « avant 16 h le » et son remplacement par le mot « mercredi ». 12 Section 21.26 is amended by deleting the 12 Le paragraphe 21.26 est modifié par la suppression du mot « mardi » 4:00 pm on immédiatement après les mots « avant 16 h le » et son remplacement par le mot « mercredi ». 13 Sections 8.3, 8.4, 15.14, 17.3, 18.1, and 13 Les paragraphes 8.3, 8.4, 15.14, 17.3, 21.3 are amended by deleting the word18.1, et 21.3 sont modifié par la suppression des mots « directeur général » et son remplacement par les mots « directeur général ». IN WITNESS WHEREOF The City of Saint John EN FOI DE QUOI The City of Saint John a fait has caused the Corporate Common Seal of the said apposer son sceau communal sur le présent arrêté City to be affixed to this by-law the _____ day le ____________ 2017, avec les signatures _________, A.D. 2017 and signed by: suivantes : _________________________________________ Mayor/Maire ________________________________________ Common Clerk / Greffière communale First Reading - Première lecture - Second Reading - Deuxième lecture - Third Reading - Troisième lecture - COUNCIL REPORT M&C No. 2017-104 Report Date April 12, 2017 Meeting Date April 18, 2017 Service Area Saint John Water His Worship Mayor Don Darling and Members of Common Council SUBJECT: Tendering Policy for Construction Contracts OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioners City Manager Brian Keenan Brent McGovern/Michael Jeff Trail Hugenholtz RECOMMENDATION As directed by Common Council attached is the revision to the current clause of Division 2 Instruction to Tenderers and Tendering Procedures of the City of Saint John General Specifications EXECUTIVE SUMMARY The purpose of this report is to propose that Council adopt the attached revision to Division 2 Instruction to Tenderers and Tendering Procedures. PREVIOUS RESOLUTION November 17, 2003; Tendering Policy for Construction Contracts adopted by Common Council included in the policy is a clause that the City will not disclose the names of those who have taken out tender documents. October 25, 2004; Tendering Process Construction Contracts Bidders List; Common Council adopted a resolution that the City will continue its policy to not disclose the names of those who have taken out tender documents and that the Saint John Construction Association be so advised. March 6, 2017; Tendering Process Construction Contracts Bidders List; Common Council defeated a motion that the Chief City Engineer be directed to advise the Saint John Construction Association that the City will continue its existing Tendering Policy For Construction Contracts regarding not releasing the names of those companies who have taken out tender documents. - 2 - STRATEGIC ALIGNMENT N/a REPORT BACKGROUND The existing City of Saint John Tendering Procedure for Construction Contracts states under Division 2.4 TENDER DOCUMENTS that This existing Tendering Policy for Construction Contracts was adopted by Common Council on November 17, 2003. ANALYSIS On January 23, 2017 the Saint John Construction Association presented at Common Council requesting release of the Plan Takers List prior to the closing of tenders for construction contracts. Common Council has provided direction to Staff to draft a change to the current policy to allow for the release of the Plan Takers List during the tendering period. In preparing draft language to modify the existing policy, Staff have carried out research on Tendering Policy practices by contacting thirteen other Canadian municipalities of similar size and populations. The results of the survey are mixed with two municipalities not releasing bidders lists as part of their policy language, five municipalities only releasing bidders lists for certain specialized projects at the municipalities discretion and six municipalities reporting that bidders can determine who the other plan takers are by navigating through the online site for accessing tender documents. It was interesting to see the range of practices and in particular the approach taken by some municipalities to simply release the bidders list for the specialty projects. The proposed revision to the current clause of Division 2 Instruction to Tenderers and Tendering Procedures is shown in red and is attached to this report. SERVICE AND FINANCIAL OUTCOMES The City of Saint John has been receiving competitive tender pricing under the existing Tendering Policy and a change in policy to release the Plan Takers List will allow for contractors to know in advance how many of their competitors are interested in bidding on a given contract and under certain circumstances may result in the City receiving higher tender prices. - 3 - INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Input From Materials Management: The City's Policy for the Procurement of Goods, Services and Construction indicates the responsibility for infrastructure tenders falls with the Engineering Department and procurement responsibility for Goods, Services and general construction, such as building renovations, falls with Materials Management. Materials Management staff do however, assist Engineering with their procurement process with such procedures as posting their tender advertisements and notifications on the required websites and Chairing the Tender Opening Committee. While both departments deal with issuing tender documents, it is important to note that each area work under different legislated requirements. Construction, Materials Management operate within the framework of the (2014-93). In addition to the above, Engineering elect to follow the New Brunswick Crown Construction Contracts Act and its associated Regulation (82-109) due to the nature of the tendering and contracting which they are involved in, namely infrastructure and construction. For the purposes of this report, notable differences between the procurement processes followed by Materials Management and Engineering include (but are not limited to): 1) The Crown Construction Act requires a procuring entity to maintain a registered bidders list for each procurement while the Procurement Act does not. 2) Materials Management post all publicly advertised tender documents on which enables any interested party to access them. As such, bidders lists are not maintained for each procurement. For Engineering, however, only notices for infrastructure tenders are posted. This requires interested bidders of Engineering tenders to register and formally obtain the bid documents from the City in order to effectively maintain the bidders lists. ATTACHMENTS General Specifications proposed revision to Division 2 - Instruction to Tenderers and Tendering Procedures. 2.3 SCHEDULE FOR THE TENDER PROCESS Issue Date of Request for Tender Deadline for Enquiries Deadline for Issuing Addenda Tender Closing The Schedule for the Tender Process is tentative only and may be changed by the City in its sole discretion at any time prior to Tender Closing. 2.4 TENDER DOCUMENTS 2.4.01 Tender Documents to be Obtained in Prescribed Manner Tender Documents shall be obtained from the City of Saint John, 175 Rothesay st Avenue, 1 Floor, Saint John, New Brunswick. In order to obtain the Tender Documents the following requirements must be met: a) deposit a non-refundable payment for each set of Tender Documents in an amount specified in the tender advertisement; and b) the Tenderer mu follows: (i) registration of the full legal name, contact person, telephone number, email address and fax number of the Tenderer obtaining the Tender Documents; or, if applicable, (ii) the registration of the full legal name, contact person, telephone number, email address and fax number of the Tenderer on whose behalf the Tender Documents are being obtained. The names of the Tenderers having complied with the above criteria will be official bidders list shall be entitled to submit a Tender. Any Tender received from a Tenderer who has not obtained the Tender Documents from the City of Saint John and is set out above will not be evaluated. The City will not disclose its official list of bidders to Tenderers. The City will post the official list of bidders for this project, updated on Tuesdays and Thursdays during the tendering period on the City of Saint John website www.saintjohn.ca under the Tenders & Proposals link.