eSCRIBE Agenda Package - City of Saint John

City of Saint John Common Council Meeting AGENDA Monday, September 16, 2013 6:00 pm Council Chamber Please use Chipman Hill entrance S'il vous plaît utiliser l'entrée Chipman Hill Si vous avez besoin des services en francais pour une réunion de Conseil communal, veuillez contacter le bureau du greffier communal au 658-2862. Pages 1.

Call to Order - Prayer

2.

Approval of Minutes 2.1

Minutes of September 3, 2013

3.

Approval of Agenda

4.

Disclosures of Conflict of Interest

5.

Consent Agenda

1-8

5.1

Voice and Data Communication Services for the City of Saint John (Recommendation in Report)

5.2

Pipeline Crossing Agreement with Maritimes & Northeast Pipeline - Approximate Crossing KP 90+300 (Recommendation in Report)

17 - 30

5.3

Initiate Stop-Up and Closure of Public Streets South Market Wharf, Ward St. and Peters Wharf (Recommendation in Report)

31 - 34

5.4

Letter from R. Crosby: Request for Pageant Sponsorship (Recommendation: Receive for Information)

35 - 35

6.

Members Comments

7.

Proclamation 7.1

National Day of Awareness and Action for Childhood Cancer in Saint John Week of September 21, 2013

1

9 - 16

36 - 36

8.

Delegations / Presentations 8.1

9. 10.

Saint John Board of Trade Presentation

Public Hearings Consideration of By-laws 10.1

Third Reading Traffic ByLaw Amendment respecting Douglas Avenue OnStreet Parking

38 - 39

10.2

Third Reading Zoning ByLaw Amendment - 304 Westmorland Road

40 - 42

10.3

Third Reading Zoning ByLaw Amendment - 2240 Red Head Road

43 - 44

10.3.1 11.

12.

37 - 37

Section 39 Conditions - 2240 Red Head Road

45 - 45

Submissions by Council Members 11.1

Providing Service and/or Help to Residents (Councillor Farren)

46 - 46

11.2

Budget Scheduling (Councillor McAlary)

47 - 47

11.3

Timing/Cancellation of Closed Committee of the Whole Session (Councillor McAlary)

48 - 48

11.4

investNB (Deputy Mayor Rinehart)

49 - 49

Business Matters - Municipal Officers 12.1

Saint John Water - Tandem Truck Replacement

50 - 51

12.2

Secondment Agreement - P3 Staffing

52 - 64

13.

Committee Reports

14.

Consideration of Issues Separated from Consent Agenda

15.

General Correspondence

16.

Supplemental Agenda

17.

Committee of the Whole

18.

Adjournment

2

City of Saint John Common Council Meeting Monday, September 16, 2013

Committee of the Whole 1. Call to Order Si vous avez besoin des services en 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: 4:30 p.m. 8th Floor Boardroom City Hall 1.1 1.2 1.3 1.4 1.5

Approval of Minutes 10.2(4) Approval of Minutes 10.2(4) Financial Matter 10.2(4)(c) ByLaw Violation Land Matter 10.2(4)(d)

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97COMMON COUNCIL/CONSEIL COMMUNAL SEPTEMBER 3, 2013/LE 3 SEPTEMBRE 2013

COMMON COUNCIL MEETING – THE CITY OF SAINT JOHN CITY HALL – September 3, 2013 - 6:00 P.M. Present: Mel Norton, Mayor Deputy Mayor Rinehart and Councillors Fullerton, Lowe, MacKenzie, McAlary, Merrithew, Norton, Reardon and Strowbridge - and P. Woods, City Manager; M. Tompkins, Solicitor; G. Yeomans, Commissioner of Finance and Treasurer; W. Edwards, Commissioner of Transportation and Environment Services; Jacqueline Hamilton, Commissioner of Growth and Community Services; Amy Poffenroth, Deputy Commissioner Growth and Development Services; Sergeant G. Oram, Saint John Police; K. Clifford, Fire Chief; J. Taylor, Common Clerk; P. Anglin, Acting Deputy Common Clerk. 1.

Call to Order – Prayer

Mayor Norton called the meeting to order and Rev. Wally Corey offered the opening prayer. 2.

Approval of Minutes

On motion of Councillor McAlary Seconded by Councillor MacKenzie RESOLVED that the minutes of the meeting of Common Council, held on August 12, 2013, be approved. Question being taken, the motion was carried. 3.

Approval of Agenda

On motion of Councillor McAlary Seconded by Councillor MacKenzie RESOLVED that the agenda of this meeting with the addition of items 16.1 Contract No. 2012-30: Greenhead Road – Sanitary Lift Station “A” Replacement; 16.2 Uptown SJ: Mobile Signage letter be approved. Question being taken, the motion was carried. 4.

Disclosures of Conflict of Interest

Deputy Mayor Rinehart disclosed a conflict of interest on agenda items 17.1 and 17.3. 5.

Consent Agenda

5.1 That as recommended by the City Manager in the submitted report M&C 2013190: Proposed Public Hearing Date 1666 Hickey Road, Common Council schedule the public hearing for the rezoning and Section 39 amendment application of Tom Smith (1666 Hickey Road) for Monday, September 30, 2013 at 6:30 p.m. in the Council Chamber, and refer the application to the Planning Advisory Committee for a report and recommendation. 5.2 That the request from the Saint John Inside Ride Committee to have a member of the Larson family make a five minute informational presentation on the importance of Childhood Cancer Awareness at the regular meeting of Saint John Common Council on September 16, 2013 be approved and also the request that Mayor Norton proclaim September 21st National Childhood Cancer Awareness and Action Day in Saint John and encourage residents to turn our city gold in as many creative ways as possible be approved. On motion of Deputy Rinehart Seconded by Councillor McAlary

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RESOLVED that the recommendation set out for each consent agenda item respectively be adopted. Question being taken, the motion was carried. 6.

Members Comments

Council members commented on various community events. 7. 7.1

Proclamation Shinerama Saint John Week - September 2-6, 2013

The Mayor proclaimed the week of September 2-6, 2013 Shinerama Saint John Week in the City of Saint John. 7.2 Prostate Cancer Awareness Month On motion of Councillor McAlary Seconded by Councillor Mackenzie RESOLVED that Rev. Moore be permitted to present on Prostate Cancer Awareness Month. Question being taken, the motion was carried. 8. 8.1

Delegations/Presentations Multi-City Transportation Working Group Presentation

Councillor Reardon and Vibrant Communities Saint John presented on the transportation strategy initiative. 9. 9.1 9.1.1

Public Hearings 6:30 P.M. Proposed Zoning By-Law Amendment 304 Westmorland Road Planning Advisory Committee report recommending Rezoning

The Common Clerk advised that the necessary advertising was completed with regard to amending the Zoning By-Law of The City of Saint John by adding to the list of zones in Section 30(1); adding Section 740(28) “Special Zone #28 (SZ-28)” and Zone Standards; and by rezoning a parcel of land with an area of approximately 3137 square meters, located at 304 Westmorland Road, also identified as being a portion of PID Numbers 00415422, 55026744, 55026736, 55026728, 55026710 and 55119648, from “RS-2” One and Two Family Suburban Residential to “SZ-28” Special Zone #28, with no objections being received. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of planning staff’s report considered at its August 20th, 2013 meeting at which time the Committee recommended the rezoning of a parcel of land located at 304 Westmorland Road as described above. The Mayor called for members of the public to speak against the amendment with no one presenting. The Mayor called for members of the public to speak in favor of the amendment with Rick Turner, Hughes Surveys, presenting in favor. On motion of Deputy Mayor Rinehart Seconded by Councillor Merrithew RESOLVED that the by-law entitled, “A Law to Amend the Zoning By-Law of The City of Saint John” be amended by adding to the list of zones in Section 30(1); adding Section 740(28) “Special Zone #28 (SZ-28)” and Zone Standards; and by rezoning a parcel of land with an area of approximately 3137 square meters, located at 304 Westmorland Road, also identified as being a portion of PID Numbers 00415422, 55026744, 55026736, 55026728, 55026710 and 55119648, from “RS-2” One and Two Family Suburban Residential to “SZ-28” Special Zone #28, be read a first time. Question being taken, the motion was carried.

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Read a first time by title, the by-law entitled, “A Law to Amend the Zoning By-Law of The City of Saint John.” On motion of Councillor McAlary Seconded by Councillor Reardon RESOLVED that the by-law entitled, “A Law to Amend the Zoning By-Law of The City of Saint John” be amended by adding to the list of zones in Section 30(1); adding Section 740(28) “Special Zone #28 (SZ-28)” and Zone Standards; and by rezoning a parcel of land with an area of approximately 3137 square meters, located at 304 Westmorland Road, also identified as being a portion of PID Numbers 00415422, 55026744, 55026736, 55026728, 55026710 and 55119648, from “RS-2” One and Two Family Suburban Residential to “SZ-28” Special Zone #28, be read a second time. Question being taken, the motion was carried. Read a second time by title, the by-law entitled, “A Law to Amend the Zoning By-Law of The City of Saint John.” 10. Consideration of By-laws 10.1 Planning Advisory Committee report recommending Rezoning of 2240 Red Head Road 10.1.1 Proposed Zoning By-law Amendment (Tabled from July 29, 2013) On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that item 10.1.1 Proposed Zoning bylaw Amendment – 2240 Red Head Road be lifted from the table. Question being taken, the motion was carried. On motion of Councillor McAlary Seconded by Councillor Merrithew RESOLVED that: 1) Common Council rezone a parcel of land having an area of approximately 1.5 hectares, located at 2240 Red Head Road, also identified as being PID Numbers 00337022,55050892 and a portion of PID Number 55183800, from “RFM” Rural Mobile Home to “I-2” Heavy Industrial. 2) That, pursuant to the provisions of Section 39 of the Community Planning Act, the development and use of the aforementioned parcel of land, shall be subject to the following condition: a) The use of the property is limited to an access road, a freestanding sign and a gatehouse. 3) That Common Council request that the City Manager direct staff to review quantitative standards for the illumination of signs as part of the Zoning By-Law review process. 4) That Common Council request that the City Manager direct staff to review zoning standards for emergency and primary access roads as part of the Zoning By-Law review process. Question being taken, the motion was carried. On motion of Councillor McAlary Seconded by Councillor MacKenzie RESOLVED that the by-law entitled, “A Law to Amend the Zoning By-Law of The City of Saint John” amending Schedule “A”, the Zoning Map of The City of Saint John, by re-zoning a parcel of land having an area of approximately 1.5 hectares, located at 2240 Red Head Road, also identified as being PID Numbers 00337022 55050892 and a portion of PID Number 55183800, from “RFM” Rural Mobile Home to “I-2” Heavy Industrial, be read a first time. Question being taken, the motion was carried.

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Read a first time by title, the by-law entitled, “A Law to Amend the Zoning By-Law of The City of Saint John.” On motion of Councillor McAlary Seconded by Councillor Norton RESOLVED that the by-law entitled, “A Law to Amend the Zoning By-Law of The City of Saint John” amending Schedule “A”, the Zoning Map of The City of Saint John, by re-zoning a parcel of land having an area of approximately 1.5 hectares, located at 2240 Red Head Road, also identified as being PID Numbers 00337022 55050892 and a portion of PID Number 55183800, from “RFM” Rural Mobile Home to “I-2” Heavy Industrial, be read a second time. Question being taken, the motion was carried. Read a second time by title, the by-law entitled, “A Law to Amend the Zoning By-Law of The City of Saint John.” 11.

Submissions by Council Members

12. 12.1

Business Matters - Municipal Officers Legislative Modernization: City of Saint John Position Paper

Phillippe Ouellette, Intergovernmental Affairs Officer, presented the report and responded to questions. On motion of Councillor McAlary Seconded by Councillor Norton RESOLVED that as recommended by the City Manager in the submitted report Legislative Modernization: City of Saint John Position Paper Common Council: 1. Adopt the City of Saint John's Position Paper on Legislative Modernization; 2. Direct the City Manager and Members of Council who participate in the Cities of New Brunswick Association to submit the final version of the City's Position Paper and continue to build pan-provincial collaboration; 3. Direct the Common Council ad hoc committee on legislative modernization and the City Manager to return to Common Council with any additional updates or developments linked local governance reform. Question being taken, the motion was carried. 12.2 Traffic By-Law Amendment – Douglas Avenue On-Street Parking (1st & 2nd Reading) Consideration was given to a submitted report from the City Solicitor entitled “Traffic ByLaw Amendment – Douglas Avenue On-Street Parking”. On motion of Councillor McAlary Seconded by Councillor MacKenzie RESOLVED that the by-law entitled, “A By-Law to Amend a By-Law Respecting Traffic on Streets in the City of Saint John made under the Authority of the Motor Vehicle Act, 1973, and amendments thereto,” amending Schedule R List of Streets Excluded from Winter On-Street Parking Restriction and by amending Schedule B – No Parking Anytime, be read a first time. Question being taken, the motion was carried. Read a first time by title, the by-law entitled, “A By-Law to Amend a By-Law Respecting Traffic on Streets in the City of Saint John made under the Authority of the Motor Vehicle Act, 1973, and amendments thereto.” On motion of Deputy Mayor Rinehart Seconded by Councillor McAlary

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RESOLVED that the by-law entitled, “A By-Law to Amend a By-Law Respecting Traffic on Streets in the City of Saint John made under the Authority of the Motor Vehicle Act, 1973, and amendments thereto,” amending Schedule R List of Streets Excluded from Winter On-Street Parking Restriction and by amending Schedule B – No Parking Anytime, be read a second time. Question being taken, the motion was carried. Read a second time by title, the by-law entitled, “A By-Law to Amend a By-Law Respecting Traffic on Streets in the City of Saint John made under the Authority of the Motor Vehicle Act, 1973, and amendments thereto.” 12.3

Safer School Zones Program

Tim O’Reilly, Manager Pedestrian and Traffic Services presented the report and responded to questions. On motion of Councillor MacKenzie Seconded by Councillor Strowbridge RESOLVED that as recommended by the City Manager in the submitted report M&C 2013-180: Safer School Zones Program, Common Council: 1. Approve a Safer School Zones Program to be given priority within the Traffic Calming Policy; 2. Direct the City Solicitor to prepare the appropriate Traffic By-Law Amendments described in this report; 3. Direct City staff to seek the Provincial Registrar of Motor Vehicles’ approval of establishing a School Zone on Loch Lomond Road; and 4. Refer resource requirements to implement this Safer School Zone Program to the annual General Fund Operating Budget approval process for consideration. Question being taken, the motion was carried. 13. Committee Reports 13.1 Planning Advisory Committee: Subdivision (Freedom Court Street Vesting) - Churchill Boulevard On motion of Councillor Merrithew Seconded by Councillor MacKenzie RESOLVED that Common Council: Assent to one or more subdivision plans, in one or more phases, in general accordance with the submitted Vimy Estates Inc. Tentative Plan of Subdivision for the re-aligned Freedom Court, with respect to the vesting of the proposed public street and any required municipal services easements and public utility easements; and Authorize the preparation and execution of one or more City/Developer Subdivision Agreements to ensure the provision of the required work and facilities, including a temporary turnaround for Freedom Court and detailed engineering and drainage plans for the approval of the Chief City Engineer or his designate. Question being taken, the motion was carried. 13.2 Planning Advisory Committee: Street Names - Glen Falls Mobile Home Park Expansion On motion of Councillor McAlary Seconded by Councillor MacKenzie RESOLVED that Common Council amend the list of Official Street names and approve the following change: Add the new names boul Rex Hurley Boulevard, crois Seraphina Crescent, and rue Teed Street.

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Question being taken, the motion was carried. 14.

Consideration of Issues Separated from Consent Agenda

15.

General Correspondence

15.1

Stonehammer Global Geopark Request for Funding

The City Manager remarked that the established process is to consider all funding requests during the Annual Budget deliberations. The City Manager was willing to provide an exception in this circumstance because there is a narrow time opportunity to receive 1/3 matching funds from ACOA. On motion of Deputy Mayor Rinehart Seconded by Councillor MacKenzie RESOLVED that the request for funding from Stonehammer Global Geopark be allocated, conditional on Stonehammer securing the funding from ACOA. Question being taken, the motion was carried. 16. 16.1

Supplemental Agenda Contract No. 2012-30: Greenhead Road – Sanitary Lift Station “A”

On motion of Councillor McAlary Seconded by Councillor Strowbridge RESOLVED that as recommended by the City Manager in the submitted report M&C 2013-191: Contract 2012-30, Greenhead Road Sanitary Lift Station "A" Replacement be awarded to the low tenderer, Terraex lnc., at the tendered price of $242,842.65 (including HST) as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. 16.2

Uptown SJ: Mobile Signage letter

On motion of Councillor McAlary Seconded by Councillor MacKenzie RESOLVED that the letter from Uptown SJ regarding mobile signage be referred to the Signage Committee. Question being taken, the motion was carried. (Deputy Mayor Rinehart withdrew from meeting) 17. Committee of the Whole 17.1 Ending Board Member’s Terms on the Power Commission of Saint John On motion of Councillor McAlary Seconded by Councillor Reardon RESOLVED that the terms of Messrs. Christopher T. Titus and Bernard Desmond on the Board of Directors of the Power Commission of the City of Saint John be brought to an end effective September 3rd, 2013 and that a letter be sent by the Common Clerk to both Messrs. Titus and Desmond thanking them for their respective 16 and 13 years of continuous service. Question being taken, the motion was carried with Councillors Lowe and Strowbridge voting nay. 17.2 Ending Board Members Terms on Saint John Industrial Parks On motion of Councillor McAlary Seconded by Councillor Merrithew RESOLVED that the term of Mr. Claude McKinnon on the Board of Directors of Saint John Industrial Parks Ltd. be brought to an end

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effective September 3rd, 2013 and that a letter be sent by the Common Clerk to Mr. MacKinnon thanking him for his 12 years of continuous service. Question being taken, the motion was carried with Councillors Lowe and Strowbridge voting nay. 17.3 Appointments to the Power Commission of the City of Saint John On motion of Councillor McAlary Seconded by Councillor Merrithew RESOLVED that as recommended by the Committee of the Whole, having met on August 26, 2013, Council makes the following appointments: Power Commission of the City of Saint John: to appoint Brian Cunningham and Stephen MacMackin each for a three year term from September 3, 2013 to September 3, 2016. Question being taken, the motion was carried. (Deputy Mayor Rinehart reentered the meeting) 17.4 Review of ABCs – 6 year limit On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that the Common Clerk send a letter to all ABCs reminding them of the term limits set by Council in the October 29, 2012 motion and subsequently communicated to them. The letter should also note that Council will continue its review and termination of appointments exceeding the 6 year limit, except where Council judges the termination to be detrimental to the operations of the ABC. Question being taken, the motion was carried, with Councillor Lowe voting nay. 8.1 Multi City Transportation Group The City Manager advised that there is money available for the initiative in the Unspecified Grant. On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that Council approve the allocation of $10,000 from the Unspecified Grant conditional upon equal funding being committed from the other participating cities, to the Multi-City Transportation Working Group, to resource the development of: 1) A white paper on strong and effective public transportation policy and funding models, to inform the development of the New Brunswick Transportation Strategy; 2) A common brand strategy for New Brunswick’s public transit operators, that is complimentary to existing individual operator brands and encourages the adoption of public transit; 3) Building community capacity in transportation across the province (through the development of subject-matter-expert groups; opening lines of communication between the participating urban centres, their transit operators; etc.). Question being taken, the motion was carried. On motion of Councillor McAlary Seconded by Councillor MacKenzie RESOLVED that Councillor Reardon act as the official City representative of the Multi-City Transportation Working Group, and act as cochair with designated Councillors from the Cities of Fredericton and Moncton respectively, and remain in this role until the Working Group has completed its action plan.

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Question being taken, the motion was carried. 18.

Adjournment

On motion of Councillor MacKenzie Seconded by Deputy Mayor Rinehart RESOLVED that the Common Council meeting of September 3, 2013 be adjourned. Question being taken, the motion was carried. The Mayor declared the meeting adjourned at 7:40 p.m.

Mayor / maire

Common Clerk / greffier communal

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REPORT TO COMMON COUNCIL September 10th, 2013

His Worship Mayor Mel Norton and Members of Common Council City of Saint John Your Worship and Councillors SUBJECT: Voice and Data Communication Services for the City of Saint John Purpose The purpose of this report is to recommend that the City of Saint John, through the Province of New Brunswick’s supply agreement, enter into agreements with Bell Aliant for the provision of unified voice communications and data Ethernet services that will meet increasing operational requirements communications in the City. Background Connectivity and a reliable communication system are a necessity of modern intelligent society. In addition today’s communications are multifaceted and varied. Communications range from traditional telephones (Plain old telephone service - POTS) using copper lines to transmit analog conversations between two people; to video conference services that use meshed networks with fiber optic, wireless and copper lines transmitting signals to computers in multiple locations. An employee’s communication tools have proliferated from a single office phone number to each employee having a desk phone, fax number, cell phone, instant messaging presence, email, voicemail, etc. These communication systems are critical business tools that need to connect employee to employee and connect citizens to their municipality. An efficient unified communication system is important tool powering a high performance municipality. In 2008 the City had 702 Centrex POTS phones and it was identified that the City was not effectively managing its landline telephone spend. Furthermore, the City’s landline telephone system was not well positioned to be able to leverage current and upcoming technologies such as voice to email, Voice over Internet Protocol (VoIP), and Unified Communications. Over the course of 2009, the IT Service investigated alterative solutions and was inserted between the departments and the service provider. In early 2010 the City entered into a three year service contract with Bell Aliant to provide Centrex IP services for the City. Between 2008 and 2010 the City has reduced its phone lines from 702 to less than 600 through diligence and central management. A high performance municipality also needs to connect and monitor its assets, infrastructure, systems, and resources. City staff are distributed across more than 20 locations that all need high capacity reliable connectivity to the central City Hall. The City of Saint John is one of the largest geographical City’s in Canada and has infrastructure and buildings distributed throughout

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its territory. Connecting infrastructure over a wide area and long distances that is both economical and reliable presents a real challenge. In 2009 the IT Service investigated building a private fiber network, however, it was cost extremely costly and would provide excessive capacity. Alternatively the City was eligible to leverage a provincial agreement for Wide Area Network (WAN) service through Bell Aliant. This service was affordable, did not require a large capital investment, and the capacity could be easily changed to meet operational requirements. The service contracts expired in 2013 and require review and resigning. Analysis Telephony

The Centrex IP telephony system implemented in 2009 has and continues to serve the City’s telephony requirements. Through diligent central management the City’s telephone line count has been further reduced to 490 in 2013. The Centex IP system that is hosted by Bell Aliant is stable and has proved reliable for City business operations. However, Centrex IP system uses a proprietary communications signaling protocol that that was developed by Nortel and has since been sold. Bell Aliant has recently developed a hosted SIP Centrex system that uses the standard Session Initiation Protocol (SIP) commonly used in VoIP telephony systems. There are a number of advantages to implementing a SIP based VoIP telephony service. These include:    

Cheaper and larger selections of telephone sets. Improved support. No reliance on technology and systems that are not being developed. Ability to move from hosted to private telephony system more easily.

In order to change to the Centrex SIP service the telephone sets purchased in 2009 will need to be upgraded and the network topology changed. By entering into an agreement with Bell Aliant these changes will require no City investment. As a result the City will continue to benefit from the $120,000 investment that was fully paid back in savings in 2012. In addition, the Bell Aliant Unified Communication agreement will maintain the City’s VoIP telephony spend at $17 per line, and reduce traditional POTS from $32 to $23.25 per line (a saving of approximately $20,000 per year). Wide Area Network (WAN)

The City maintains high capacity fiber optic Ethernet network connections between City Hall and 19 remote locations that include Fire Stations, Municipal Operation buildings, and Recreation facilities. The City spends $13,000 per month on these connections that enable VoIP telephony, access to financial systems, email access, shared drive access, system monitoring data to be stored centrally, CCTV, etc. In addition to day to day operations this network supports

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emergency systems and systems that monitor public safety factors. As a result the network needs to be stable and reliable. Building a private City owned fiber optic network would be very expensive. The fiber optic cable alone costs approximate $8,000 per 100m, and this does not include installation and maintenance. This would result in network infrastructure capable of delivering bandwidths in excess of 50 GB which is largely not necessary for current City operations. For these reasons the City leverages a hosted Ethernet network service from Bell Aliant that is flexible and cost effective. The City is able to leverage Bell Aliant’s Ethernet network services via a Province of New Brunswick supply agreement. The current supply agreement and adoption of the Ethernet Services agreement will reduce the City’s network services costs by approximately $2,000 per month. This saving will be reinvested in network services to Community centers and recreation areas. By providing high capacity services to these locations the City will be able to connect City staff to City Hall more effectively, provide free public WiFi to these centers, and enhance security. The combination of the telephony and WAN agreements warrant a loyalty discount of 15% of the total spend in a 12 month period. Over the last 3 years the program resulted in a year budgeted discount of $58,000. This in affect reduces the telephony and WAN spend by a 15%. Financial Implications By leveraging the Province of New Brunswick Supply Agreements with Bell Aliant for Unified Communications and Ethernet services and entering into 36 and 42 month agreements, respectively, the City can enhance its communication systems and improve public services without increasing costs. By entering into these agreements the City will be eligible to maintain its loyalty discount at 15%. Input from Other Service Areas The City’s Purchasing service has reviewed the attached agreement, and is supportive. The City’s Legal service has reviewed the attached agreement, and is supportive. Conclusions The contracts will place the City in a strong position to remain an Information and Communications Technology leader in the province and communications to power the City’s renaissance. It is recommended that the Mayor and Common Clerk be authorized to sign the necessary agreements for Telephony and WAN services for the City.

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Resolutions 1. That the City enter into agreements with Bell Aliant Regional Communications, Limited Partnership for the delivery of : a. Unified Communications & Centrex Multi-Provincial Blended Rates Services Schedule the form as attached to this letter to Council. b. Bell Aliant Ethernet Services Schedule the form as attached to this letter to Council. c. Loyalty Discount Program Schedule the form as attached to this letter to Council. 2. That the Mayor and Clerk be authorized to execute the said agreement.

Respectfully submitted,

Brian Woods, M.Sc. Information Technology, Manager

Neil Jacobsen Commissioner of Strategic Services

J. Patrick Woods, C.G.A. City Manager

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Master Services Agreement Number: CN-0807-8441 Services Schedule Number: CN-1304-27407


UNIFIED COMMUNICATIONS & CENTREX MULTI-PROVINCIAL BLENDED RATES SERVICES SCHEDULE

viii. “Packet Data Bandwidth” means the rate of data transfer or throughput on a Packet Data Network measured in bits per second. It also encompasses the ability to prioritize transport of UC packets on a data network in order to ensure that there are minimum negative impacts to UC applications from traffic congestion/delay in receiving packets.

Customer Name: City Of Saint John (the “Customer”) The services described in this Unified Communications & Centrex Multi-Provincial Blended Rates Services Schedule (the “Services Schedule”) are provided in accordance with and governed by the Master Services Agreement between Customer and Bell Aliant Regional Communications, Limited Partnership (“Bell Aliant”). Bell Aliant and the Customer agree that this Services Schedule is attached to and forms part of the Master Services Agreement and is governed by its terms and conditions, with effect from the date of execution of this Services Schedule by the Customer. Capitalized terms used but not defined in this Services Schedule have the meanings given to them in the Master Services Agreement. For the purposes of this Services Schedule, references to the “Agreement” shall include both the Master Services Agreement and the Services Schedule. 1.

2.

3.

“Services” means the Centrex Service and the UC Service together.

xi.

“Service Day” means any calendar day, 24 hours a day, 365 days a year or 366 days during a leap year.

xiii. “UC Service” means the UC Service described in Appendix B to this Services Schedule. 4.

TERM a. Initial Service Term: The Initial Service Term is for a period of 36 months, effective August 1, 2013.

c.

“Packet Data Network” means an Internet Protocol (“IP”) communication network that transports data to and from destinations using suitably formatted units / blocks of data called packets.

x.

xii. “Service Interruption” means the interruption of UC Service to the Customer whether temporary, intermittent or prolonged.

TARIFFED/REGULATED SERVICES a. Regulated Services: Regulated Services shall be provided in accordance with the applicable regulations and Tariffs. For Tariffed Services that become Forborne Services during the Service Term, the Services shall be provided in accordance with the terms of the Master Services Agreement and Services Schedule, and the rates charged for such Services shall be those set out in the applicable Tariffs on the day before the CRTC granted forbearance for the applicable Services.

b.

ix.

Service Renewal Term: Bell Aliant will notify the Customer at least 60 days prior to the expiration of the Initial Service Term and seek the Customer’s consent to renew this Services Schedule, on the same terms and conditions, for a term equal in length to the Initial Service Term. In the event the Customer does not respond to the renewal notice, or the notification is not received by the Customer, this Services Schedule shall automatically renew for consecutive Service Renewal Terms each equal to 30 days and may be terminated upon 30 days notice by either party. The Fees charged for the Services during each of the 30 day Renewal Terms shall be the month-to-month fees then in effect for the Services.

FEES a. Fees Schedule: i. Forborne Services: For Forborne Services, as of the execution date of this Services Schedule, the monthly Fees per Access Line shall be: (1) Fees: rates will be averaged in both the Tariffed and Forborne exchanges across the following locations: Location

Use of Service beyond Service Term: If the Customer for any reason continues to use the Services after the expiry or termination of this Services Schedule, the terms and conditions of the Agreement including this Services Schedule shall continue to apply for so long as the Customer uses the Services, except that the Fees shall be the month-to-month fees then in effect for the Services.

New Brunswick

SERVICE a. Definitions: i. “Access Lines” means together both Centrex access lines and Unified Communications (“UC”) access ports.

Monthly Fees $17.00

UC-Office (includes message manager)

$22.50

UC-Mobile Office

$27.50

UC-Executive Office

$32.50

Centrex

$23.25

(a) Upon request by the Customer, Message Manager shall be provided at $5.50 each. (b) UC- Office includes MS Lync integration.

ii.

“Centrex Service” means the Centrex Services described in Appendix C to this Services Schedule.

iii.

“Change Request” means any installation or modification of hardware, system and application software, procedures, and environmental facilities, which adds to, deletes from, or modifies the Service delivery environment or its attached network.

iv.

“Demarcation Point” means the physical point that represents the division of responsibility between Bell Aliant and the Customer. Bell Aliant shall have no responsibility for procurement, installation, maintenance or performance of any hardware, software or other equipment components beyond the Demarcation Point, unless otherwise agreed to in writing by the parties.

Nova Scotia

v.

“Incident” means when a system or service is not working properly, when there is an unplanned interruption in a system or service or when items such as hardware, software, etc. have failed or fail to perform as expected.

i.

“Incident Ticket” means the database record captured by Bell Aliant, which contains relevant information associated with a reported UC Service Interruption by either the Customer or by Bell Aliant, and which pertains to the interruption of a particular UC Service.

vi.

“Maintenance Windows” means the times when Bell Aliant may interrupt service to perform routine maintenance and upgrades to the UC Service.

(2) Fees When Terminating on Multi-line Equipment: For access lines for which the Customer and Bell Aliant have executed a Multi-line Services Schedule, the rates per access line will be specified in that Services Schedule. Otherwise, the Fees per access line is: Location

Monthly Fees $54.95

Prince Edward Island

$61.25

Newfoundland and Labrador

Band A $42.95, Band B1 $42.95, Band B2 $57.95

New Brunswick

$53.95

(c) Newfoundland and Labrador: if applicable, equivalent line service of $1.95 is not included and is in addition to each central office or multi-line access so arranged. (d) New Brunswick: business link feature of $4.00 is not included and is in addition to the access line rate. b.

vii. “Mean Time to Restore (“MTTR”)” means for a stated period in the life of a functional unit (a component of the network), the average time to restore a service to normal operating capabilities from the time that said Service Interruption is identified by Bell Aliant or Bell Aliant receives a notification of outage from the Customer, each resulting in the creation of an Incident Ticket by Bell Aliant.

Unified Communications & Centrex Multi-Provincial Blended Rates Services Schedule Version 1.0-1304-27407a Page 1 of 9

Description Centrex IP

Additional Fees and Equipment: i. If applicable, any additional service charges related to the provisioning of the Services shall be charged at Bell Aliant’s then prevailing rates. ii.

Access Lines may be added during the Service Term at the same rates as set out in Section 4(a) and for a period co-terminating with the Service Term.


April 16, 2013


iii.

Access Lines may be relocated to other (existing or new) Customer locations within the province they have been installed without payment of termination charges provided the relocated Access Lines remain part of the existing Services.

iv.

If applicable, any additional service charges related to the relocation of the Services shall be charged at Bell Aliant’s then prevailing rates.

v.

One time charges may be applicable in provisioning the Packet Data Network.

vi.

Professional Services: Bell Aliant resources may be required to assist with aspects of the implementation of the UC Service. Upon acceptance from the Customer, any charges associated with professional services shall be charged at Bell Aliant then prevailing rates.


5.

vii. Equipment: upon a mutually agreed technical design, any equipment deployed (optional and/or required) in the provisioning of the UC Service, and unless otherwise specified, shall be in addition to the UC Service and shall be procured through standard procurement process between Bell Aliant and the Customer. c.

Fees listed in this Services Schedule are exclusive of Sales and Use Tax.

d.

Minimum Commitment: i. Minimum Commitment by Province: The Fees in Section 4(a) are based on the Customer maintaining a combined minimum monthly commitment of Access Lines per province, as set out below: Location

ii.

iii.

e.

f.

April 16, 2013

i.

The Customer agrees to maintain no less than 80% of the total minimum monthly commitment Access Lines in Nova Scotia, Prince Edward Island, Newfoundland and Labrador and New Brunswick in the Forborne exchanges.

ii.

Should the Customer fail to meet the requirements of Section 4(f)(i) the average rate may need to be adjusted by Bell Aliant to ensure continued compliance with the applicable Tariffs.

OTHER TERMS AND CONDITIONS a. The Customer acknowledges when using UC Service away from the user’s work location of record, a 9-1-1 call is not a location based service and therefore the user must supply the operator with the address of where the emergency is taking place. The Customer is required to review, and execute a copy of Appendix A attached to this Services Schedule. b.

The Customer’s data network, a transmission facility between the UC Access Line provided by Bell Aliant and the Ethernet port at the Customer end, may be acquired from any supplier, special conditions may apply.

c.

Bell Aliant is not responsible or liable when a modification made by the Customer to the Customer’s data network results in operational problems with, or failure of the UC Service. The Customer shall be responsible, at the Customer’s expense, for changes necessary to re-establish the UC Service.

By signing below, Bell Aliant and the Customer agree that this Services Schedule is attached to and forms part of the Master Services Agreement.

Minimum Number of Access Lines

BELL ALIANT REGIONAL COMMUNICATIONS, LIMITED PARTNERSHIP by its General Partner Bell Aliant Regional Communications Inc.

City Of Saint John

SIGNATURE:

\s1\

MAYOR:

\s2\

Note 1: For New Brunswick, on the effective date of this Services Schedule the Customer agrees that there are 622 Access Lines in the Customer’s system. The minimum monthly commitment is 90% of the initial number of Access Lines in the Customer’s system.

NAME:

\n1\

NAME:

\n2\

In Nova Scotia, Prince Edward Island and Newfoundland and Labrador, if, due to the removal of any Access Lines, the Customer falls below the minimum monthly commitment of Access Lines in each Province, the Customer shall continue to pay for the minimum number of Access Lines.

TITLE:

Nova Scotia

N/A

Prince Edward Island

N/A

Newfoundland and Labrador

N/A

New Brunswick (see note 1)

550

COMMON

In New Brunswick, Access Lines may be removed during the Service Term without incurring a termination penalty provided the number of Access Lines being removed does not exceed 10% of the initial monthly commitment as outlined in Section 4(d)(i) above provided at the effective date of the Initial Service Term. If the number of Access Lines removed exceeds 10% of the initial monthly commitment, the Customer will be required to pay $25.00 per month per Access Line for all Access Lines removed in excess of 10% of the initial monthly commitment for the remainder of the Service Term.

\t1\

CLERK:

\t2\

I am authorized to bind Bell Aliant Regional Communications, Limited Partnership to the terms and conditions of this Services Schedule.

I am authorized to bind Customer to the terms and conditions of this Services Schedule.

DATE:

RESOLUTION DATE:

\d1\

\d2\

Termination: i. In Nova Scotia and Prince Edward Island, if the Customer terminates all the Services during the Service Term, the Customer will be required to pay the total of the monthly rates per Access Line for each month of the unexpired portion of the Service Term. These termination charges will be applied to the minimum monthly commitment of Access Lines. ii.

In Newfoundland and Labrador, if the Customer terminates all the Services during the Service Term, the Customer will be required to pay the total of the monthly rates per Access Line for each month of the unexpired portion of the Service Term. These termination charges will be applied to the initial group of Access Lines provided at the effective date and all additional locals added after the effective date.

iii.

In New Brunswick, if the Customer terminates all the Services during the Service Term, the Customer will be required to pay the total of the monthly rates per Access Line for each month of the unexpired portion of the Service Term. These termination charges will be applied to the initial monthly commitment of Access Lines plus all additional locals added after the effective date.

iv.

Termination Charges: Termination charges shall be applied based on the lowest of the Monthly Fees for the Services set out in Section 4(a)(i)(1).

Combined Forborne Access Line Commitment:



April 16, 2013

13

April 16, 2013



APPENDIX A

APPENDIX B

TO

TO


UNIFIED COMMUNICATIONS & CENTREX MULTI-PROVINCIAL BLENDED RATES SCHEDULE

CONSENT TO 9-1-1 SERVICE RESTRICTIONS DIALED UC SERVICE To:

Bell Aliant Regional Communications, Limited Partnership (“Bell Aliant”)

From:

City Of Saint John (“Customer”)

DATE:

UC SERVICE 1.

\d2\

1.

The Customer has requested and Bell Aliant has agreed to provide the Customer with UC Service in accordance with applicable tariffs, including General Tariff - 21491, Item 364 UC Service; and Item 255 Standard Service Charges (collectively, the “Tariffs’).

2.

Pursuant to the direction of the Canadian Radio-television and Telecommunications Commission Bell Aliant is required to notify the Customer of restrictions on 9-1-1 emergency service dialed from UC Service and obtain the Customer’s consent to such 9-1-1 restrictions prior to UC Service commencement. As such, important information regarding restrictions on 9-1-1 emergency service and UC Service is set out below. This information is in addition to information set out in the Tariffs and may be subject to change.

3.

UC SERVICE a. Description of UC Service: i. UC Service is a hosted IP telephony service provided on a per seat basis. The UC Service permits calls to and from the Public Switched Telephone Network (“PSTN”) and is connected via a Packet Data Network. The UC Service requires the Customer to provide Packet Data Network of sufficient bandwidth and quality to support the UC Service. ii.

Voice network access over Packet Data Network: The voice network access over a Packet Data Network portion of the UC Service provides the Customers transport facilities for voice traffic between the Customer Local Area Network (“LAN”) and Bell Aliant’s UC Service. The UC Service Demarcation Point may vary depending upon the Customer’s Data Network design. The Demarcation Point definition is in Section 3(a)(iv) of the Services Schedule.

iii.

Packet Data Network Requirements: (1) Existing Bell Aliant Packet Data Network Customer: (a) Excess Packet Data Bandwidth Capacity: Customer agrees to ensure sufficient Packet Data Network bandwidth capacity is available at a site location, Customer further agrees Bell Aliant will utilize the spare capacity on the network and will require quality of service as per Bell Aliant specifications. If modifications are needed to the Customer’s Packet Data Network, any such modifications shall be mutually agreed upon by both parties and are subject to the Customer accepting Bell Aliant’s design standards, made available as required to the Customer.

iv.

UC Service Bundle Options: The UC Service includes the following 3 bundle options: (1) UC-Office Bundle: The UC Office bundle includes the following: (a) UC Access Line with a telephone number;

Notice of Important Restriction on 9 1 1 Service dialed from UC Service.

x x x x x x x x x x

Your 9-1-1 emergency call will go to an operator; you must provide your location (address) to the operator who will then route your call to the 9-1-1 response centre that serves the location you have provided. Your 9-1-1 emergency call will not be automatically routed to a 9-1-1 response centre and your location information and phone number will not be automatically delivered to the 9-1-1 response centre. The operator will not know where you are calling from unless you provide accurate location information (address) when asked. The operator will not be able to complete your 9-1-1 emergency call if you call from outside Canada or from a location within Canada not serviced by 9-1-1. 9-1-1 emergency calls from a PC, Mac Phone or UC mobile access application may take longer to be connected to the correct 9-1-1 response centre than calls made from a traditional wireline phone. Your PC or Mac Phone is subject to your Internet and/or network availability which may be affected by power outages or other interruptions in service. Whenever possible, use a traditional wireline phone for 9-1-1 emergency calls. You should keep your address information current with Bell Aliant as the operator may assume that you are at the last registered address if you are not able to speak during a 9-1-1 call. When making a 9-1-1 call, do not hang up until told by the operator to do so, and call back if you are disconnected. Make sure that you and any users of your PC, Mac Phone or UC mobile access application are familiar with the nature and limitations of 9-1-1 type calling on the UC Service.

(b) On-Net Calling: UC telephone number to UC telephone number calling within the Customer’s private network: (c) Access to basic features; (d) Voicemail and voicemail to email which is the ability to receive voicemail messages as an attached file to the Customer’s email; (e)

(b) Single number reach which is the ability to have multiple devices simultaneously ring when receiving inbound calls to your UC telephone number; (c) Personal Computer (“PC”) phone with ability make and receive calls from PC, presence, and instant messaging and other features. UC Service allows the Customer the option to use its own Microsoft Lync PC client. Upon request from Customer, Bell Aliant shall provide details of this option including specifications and design standards;

By signing below the Customer acknowledges that it has received notice of, and understands and consents to, the 9-1-1 Restrictions set out in this Appendix A. City Of Saint John SIGNATURE:

Personal Agent which is a Bell Aliant web portal for user administration and management of the Customer’s individual telephone UC features such as call director.

(2) UC-Mobile Office Bundle: Mobile Office bundle includes the following (a) All functionality available in the UC Office bundle; plus

(d) UC Mobile Access which is an application where the Customer has ability to make and receive calls on or from the Customers UC telephone number on the Customer mobile device including presence, and instant messaging and other features. Supported devices include Apple iPhone and Apple iPad. Upon request from the Customer, Bell Aliant shall confirm availability of Android and Blackberry;

\s2\

NAME:

\n2\

TITLE:

\t2\

(e) Call Grabber is the ability to seamlessly transfer a live call between the Customers IP UC telephone, UC PC telephone or UC Mobile applications;

DATE:

\d2\

(f)

6 port conferencing which is the ability to create a conference call by manually linking up to five additional users in a random /adhoc manner;

(g) 10 port personal conference bridge which is an always on 7x24 conference bridge assigned to the Customer’s UC telephone number. Unified Communications & Centrex Multi-Provincial Blended Rates Services Schedule Version 1.0-1304-27407a Page 5 of 9


April 16, 2013



(3) UC-Executive Office Bundle: Executive Office bundle includes the following: (a) All functionality available in the UC Mobile Office bundle; plus

Priority

(b) 15 port personal conference bridge which is an additional capacity beyond what is provisioned in the UC Mobile Office bundle;

2.

Additional Optional Features: Upon request from the Customer, Bell Aliant shall provide a list of standardized features and approved IP telephone sets to use with the UC Service.

vi.

Design Standards: if required, and upon request from Customer, Bell Aliant shall provide UC Service design standards.

Responsibility

Core UC / Telephony Infrastructure

Bell Aliant

Availability Design Standard 99.9% – 99.999%

Bell Aliant

99.999%

e.

Comments The Transport can be either Ethernet or Internet Protocol Virtual Private Network and each will have their own availability depending on the specific configuration installed at the Customer’s site. Higher availability may be achieved with redundant WAN links. three Atlantic Canadian switches that are fully redundant

Based on the above, the availability of the UC service (excluding maintenance windows) from Bell Aliant’s core UC infrastructure to the Bell Aliant demarcation point on the customer site is 99.899% in the case of a single WAN link, or 99.998% with redundant WAN links. MTTR Priority

MTTR

Description

Example

Critical

4 Service Hours

A mission critical component is out of service, which typically affects multiple users. An entire location (store) is down.

Customer or site is experiencing unacceptable or severe degradation of UC Service or is completely down.

High

24 Service Hours

An Incident or event that affects multiple users, but is not missioncritical in nature.

Customer or site is being impacted but UC Service is still working - e.g. Firmware isn't running/ one person is out of service.

Medium

3 Service Days

An Incident that typically affects a single user. A temporary workaround may be required to restore operations while the Incident is being resolved.

One person's phone is down but they have a work around - e.g. cell

Low

5

The user has an alternative while

Non-critical phone feature isn't


The duration of the actual UC Service interruption will vary depending on the maintenance activity and will be noted in the Change Request.

Incident Management: i. The Customer is responsible to provide an internal incident management group that will act as first point of contact for the Customer’s end-user reported Incidents (the “Customer Incident Management Group”). The Customer Incident Management Group will triage Incident reports and provide basic first call resolution troubleshooting. ii.

The Bell Aliant Enterprise Service Desk (“ESD”) is responsible for being the prime point of contact within Bell Aliant for notification of any Incidents from the Customer’s Incident Management Group only. All non-critical calls received from the Customer other than from the Customer Incident Management Group will be directed to call the Customer Incident Management Group. The ESD will create and track an Incident Ticket until the Incident has been resolved. ESD will create and assign Incident Tickets to the appropriate Bell Aliant Tier 2 support team based on symptoms reported from the Customers Incident Management Group.

iii.

The ESD contact number is 1-888-790-3111 and will be available to receive calls 7X24.

iv.

The ESD will remain the prime Customer contact for Incident updates or notification of Incident resolution. Interaction with the Customer may be initiated by Bell Aliant Tier 2 support resources to affect further Incident troubleshooting or testing on an as needed basis.

v.

In the event that a new critical Incident has just been reported, Bell Aliant may redirect its efforts to address the new critical Incident. Bell Aliant shall notify the Customer that there will be a delay in correcting the lower severity Incident due to this new critical Incident.

vi.

The Customer’s escalation requests in reference to Incidents or UC Service based queries should be directed to the ESD who will engage the appropriate Bell Aliant resource to respond.

Note: There is a third component that affects the overall performance of the service which is the customer managed Local Area Network (LAN).

c.

Example working - e.g. call display/ Questions about features, configuration, etc.

Maintenance Windows: i. Bell Aliant’s Maintenance Windows for Customer impacting UC Service change activities will be Monday, Tuesday and Thursday, 12:00AM to 6:00AM Atlantic Standard Time (“AST/ADT”). Bell Aliant will avoid change activity on Saturday – Sunday from 12:00AM – 6:00AM AST/ADT but reserves the right to perform major release activities during this time 2 or 3 times per year if required. Maintenance Windows impacting routers and firewalls may be scheduled for Wednesday or Friday from 12:00AM – 6:00AM AST/ADT. Maintenance Window for Bell Aliant Packet Date Network is Sunday 2am – 6am AST/ADT. ii.

Service Availability: i. Design Standards and Responsibilities - Bell Aliant has designed service availability to reflect the various network components required to deliver the Service. The table below defines the two base Bell Aliant managed components of availability that affect overall performance as well as responsibility for each component:

Network Component Wide Area Network (WAN)

Description the UC Service is being resolved.

Note to MTTR: MTTR applies only to Packet Data Networks provided by Bell Aliant. d.

SERVICE LEVELS a. UC Service Hours: The UC Service will be available 24 hours per day, 365 days per year minus defined Maintenance Windows as set out in Section 2(d) to this Appendix B. b.

MTTR Service Days

(c) The ability for assistant to monitor, transfer, or route incoming and outgoing calls. The assistant performs this functionality from a PC phone or IP phone. v.

April 16, 2013


April 16, 2013

14

April 16, 2013

Master Agreement Number: CN-0807-8441 Agreement Number: CN-1304-27389


APPENDIX C BELL ALIANT ETHERNET SERVICES SCHEDULE

TO

Customer Name: City Of Saint John (the “Customer”)


The services described in this Bell Aliant Ethernet Services Schedule (the “Services Schedule”) are provided in accordance with and governed by the Master Services Agreement between the Customer and Bell Aliant Regional Communications, Limited Partnership (“Bell Aliant”). Bell Aliant and the Customer agree that this Services Schedule is attached to and forms part of the Master Services Agreement and is governed by its terms and conditions, with effect from the date of execution of this Services Schedule by the Customer. Capitalized terms used but not defined in this Services Schedule have the meanings given to them in the Master Services Agreement. For the purposes of this Services Schedule, references to the “Agreement” shall include both the Master Services Agreement and the Services Schedule.

CENTREX SERVICE 1.

CENTREX SERVICE a. Description of Centrex Service: i. Centrex Business and Small Business Network (NS) and Centex Business (PEI): (1) The Centrex Service provides a combination of exchange service and intercommunicating service. Connections between Access Lines of the system and trunk lines are made by switching equipment located on Bell Aliant premises. (a) The Centrex Service provides a multi-system, multi-location service which provides for a common set of basic features on a provincial basis where appropriate equipment and facilities are available.

1.

(b) The Centrex Service is available to customers within Nova Scotia and Prince Edward Island, subject to the availability of suitable facilities. (2) The monthly rate for Access Lines of the Centrex Service provides for the following: access to basic features: common equipment and switching equipment as required; circuitry to connect the Customer location to the wire centre serving the area in which the terminal equipment is located; Customers may provide and install the inside wire and jacks for the Centrex Service at their expense, however, no adjustment will be made to the monthly rate per voice access where the Customer has provided and installed the Centrex Service inside wire and jacks; trunk lines, as required, for incoming and outgoing calls to and from Access Lines in the Customer’s system; detailed service billing by individual telephone number; intercept which provides for calls to a vacant terminal to be routed to a recorded announcement. ii.

2.

TERM th a. Initial Service Term: The Initial Service Term is for a period of 42 months, effective the 30 day of September, 2013 (the “Initial Service Term”). b.

Service Renewal Term: Upon expiration of the Initial Service Term, and unless either party informs the other with thirty (30) days prior written notice of non-renewal, there shall be consecutive Service Renewal Terms each equal in length to the Initial Service Term.

c.

Use of Service beyond Service Term: If the Customer has sent a notice of non-renewal but for any reason continues to use the Services after the expiry of the Initial Service Term or final Service Renewal Term, the terms and conditions of the Agreement including this Services Schedule shall continue to apply for so long as the Customer uses the Services, except that the Fees shall be the month-to-month fees for the Services in effect.

SERVICE a. Definitions: i. “Digital Subscriber Line (“DSL”)” means a high speed asymetric data access using copper cable.

Provincial Centrex (NL): (1) The Centrex Service provides a combination of exchange service and intercommunicating service. Connections between Access Lines of the system and trunk lines are made by switching equipment located on Bell Aliant premises. (a) The Centrex Service provides is a multi-system, multi-location service which provides for a common set of basic features on a provincial basis where appropriate equipment and facilities are available. The Centrex Service is available to customers within Newfoundland and Labrador, subject to the availability of suitable facilities. (2) The monthly rate for Access Lines of the Centrex Service provides for the following: access to basic features; common equipment and switching equipment as required; circuitry to connect the Customer location to the wire centre serving the area in which the terminal equipment is located; Customers may provide and install the inside wire and jacks for the Centrex Service at their expense, however, no adjustment will be made to the monthly rate per voice access where the Customer has provided and installed the Centrex Service inside wire and jacks; one group of trunk lines for incoming service to the attendant's position. Bell Aliant determines the number of such lines in the group based on the Customer's requirement.

iii.

“Incident” means a service interruption which is determined to be related to the Bell Aliant Service.

iii.

“Maintenance Windows” means the times when Bell Aliant may interrupt service to perform routine maintenance and upgrades to the Service.

iv.

“P-Bit Markings” also known as Priority Code Point, means a set of three bits within an Ethernet frame that represent the frame priority level. Values range from 0 (best effort) to 7 (highest). This is based on the IEEE 802.1p standard. These values can be used to prioritize different classes of traffic (voice, video, data, etc).

v.

“Premium Bandwidth” means QoS setting of the bandwidth. This dictates the priority the traffic will have as it traverses the Ethernet network. Premium traffic has the highest QoS setting will never be dropped in the network due to congestion.

vi.

“Quality of Service (“QoS”)” means a set of performance criteria (latency, frame delivery ratio, jitter) traffic will adhere to as it traverses the network.

vii. “Standard Bandwidth” means a QoS setting of the bandwidth. This dictates the priority the traffic will have as it traverses the Ethernet network. Standard traffic has a lower QoS setting that Premium and will be dropped first if the network becomes congested.

Business Communications (NB): (1) The Centrex Service provides a multi-system, multi-location exchange-based service which provides for a common set of basic features on an exchange basis where appropriate equipment and facilities are available. Connections between Access Lines of the system and trunk lines are made by switching equipment located on Bell Aliant premises. The Centrex Service is available to customers within New Brunswick, subject to the availability of suitable facilities.

viii. “Service Virtual Local Area Network (“SVLAN”)” means a virtual connection between 2 or more sites used to transport traffic. ix.

(2) The monthly rate for Access Lines of the Centrex Service provides for the following: access to basic features; common equipment and switching equipment as required; circuitry to connect the Customer location to the wire centre serving the area in which the terminal equipment is located; Customers may provide and install the inside wire and jacks for the Centrex Service at their expense, however, no adjustment will be made to the monthly rate per voice access where the Customer has provided and installed the Centrex Service inside wire and jacks; trunk lines, as required, for incoming and outgoing calls to and from Access Lines in the Customer’s system; detailed service billing by individual telephone number.


ii.

b.

“Time Division Multiplex (“TDM”)” means the standard TDM access is T1 which has symmetrical bandwidth speeds of 1.544Mbps over copper cable.

Description of Service: Bell Aliant Ethernet (the “Service”) is an Ethernet Wide Area Network (“WAN”) Service which allows Customers to transmit information between sites. The Service is available with the following access configurations and options: i. Fiber Access: (1) Access port bandwidth: 10, 20, 30, 50, 75, 100, 200, 300, 500, 750, and 1000Mbps. (2) ii.

QoS Options: Premium.

DSL Access: (1) Standard QoS bandwidth: 386Kbps, 512Kbps, 1.5Mbps, 3.0Mbps and 4.0Mbps.

Bell Aliant Ethernet Services Schedule Version 1.4

April 16, 2013

Page 1 of 5

July 4, 2012



Table 1

(2) QoS options: Premium. iii.

(2) QoS options: Premium. c.

Customer Responsibilities: i. The Customer is responsible for all QoS priority settings. The Service does not change these settings and interprets only the 802.1p (p-bit) settings on a Customer Ethernet frame. If Premium Bandwidth has been subscribed to, only frames marked with a p-bit of “5” will be transported on the Premium Bandwidth. All other P-Bit Markings will be assigned to the Standard Bandwidth. ii.

d. 3.

The Customer may transmit data at the line rate of their port connecting to the Service demarcation device and the Bell Aliant technology will rate limit the throughput using bandwidth shaping to the purchased bandwidth rate. The Customer may additionally use their own equipment to provide bandwidth shaping to avoid frame discards in the Bell Aliant network.

Service Demarcation Point: The service demarcation point for the Service is at the Customer facing Ethernet port of the Bell Aliant Managed customer premise device.

Subtotal Premium Band-width Fees $40 $40 $40

Subtotal Site Fees

Prem. BW (Mbps)

Rate per Mbps

Fire Station 8 Parks Fire Station 1 Operations/ Works East Operations/ Works North Fire Station 4 (Police East) Fire Station 5

600 Millidge Ave 171 Adelaide St 45 Leinster St

1 1 1

100 100 100

$490 $490 $490

$490 $490 $490

1 1 1

$40 $40 $40

525 McAllister Dr

1

100

$490

$490

1

$40

$40

$530

$300

100 Boars Head Rd

1

100

$490

$490

1

$40

$40

$530

$300

36 Courtney Ave

1

100

$490

$490

$490

$300

35 Adelaide St 842 Loch Lomond Rd 286 King Street West

1

100

$490

$490

$490

$300

1

100

$490

$490

$490

$300

1

100

$490

$490

$490

$300

1

100

$490

$490

$490

$300

1

100

$490

$490

$490

$300

1

100

$490

$490

$490

$300

1

100

$490

$490

$490

$300

1

100

$490

$490

$490

$300

Belyea Rink

390 Lowell St West

1

100

$490

$490

$490

$300

Hazen Creek Peel Plaza Fire Station 1 Redundant Connection

441 Red Head Rd 1 Peel Plaza

1 1

100 100

$490 $490

$490 $490

$490 $490

$300 $300

45 Leinster St

1

100

$490

$490

$490

$300

City Hall

15 Market Sq 9th Fl

1

1000

$750

$750

14

$40

$560

$1,310

$0

Operations/ Works Operations/ Works

175 Rothesay Ave 2nd Fl

1

1000

$750

$750

1

$40

$40

$790

$0

406 Bay St

1

100

$490

$490

$490

$2,500

$11,610

$7,000

DSL Access and Bandwidth Term:

Loc ID

Location Address

1 Year Subtotal Premium Rate per 64k Bandwidth Fees


Total Monthly Fees

One Time Fees

$0

$0

Monthly Fees per Site

Subtotal Site Fees

Prem. BW (64k)

0

$0

$0

0

0

$0

$0

0

$0

$0

$0

$0

0

$0

$0

0

$0

$0

$0

$0

0

$0

$0

0

$0

$0

$0

$0

0

$0

$0

0

$0

$0

$0

$0

$0

$0

Qty

Access Speed (Mbps)

$0

$0

Total:

15

$0 $0 $0


Fire Station 6

July 4, 2012

$530 $530 $530

Access Speed (Mbps)

Table 2

Page 2 of 5

One Time Fees

Qty

Total:


Total Monthly Fees

Location Address

Fire Station 7 41 Manchester Ave (Police West) City Transit 55 McDonald St Peter Murray 711 Dever Rd West Arena LBR Rink 536 Main St Stewart Hurley 1500 Hickey Rd Arena

Prices listed in this Services Schedule are exclusive of Sales and Use Tax.

3 Year

Loc ID

Fire Station 2

FEES a. Fees Schedule: i. The Customer shall pay to Bell Aliant fees for Bell Aliant Ethernet Services (the “Fees”) on a monthly and/or one time basis, as set out in Tables 1, 2 and 3. ii.

Fiber Access Sites Term:

TDM (T1/Bonded T1) Access: (1) Standard QoS bandwidth: 1.5Mbps, 3.0Mbps and 5.0Mbps.

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July 4, 2012

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SLOs Table 3

TDM (T1/Bonded T1) Access and Bandwidth Term:

Loc ID

Location Address

Qty

Access Speed (Mbps)


0

$0

Subtotal Site Fees $0

Prem. BW (Y/N)

Mean Time to Repair

Subtotal Premium Bandwidth Fees

No

Total Monthly Fees

c. 4.

One Time Fees

$0

$0

0

$0

$0

No

$0

$0

$0

0

$0

$0

No

$0

$0

$0

0

$0

$0

No

$0

$0

$0

0

$0

$0

No

$0

$0

$0

Total:

b.

$0

$0

Priority Level

1 1 1 1 1

High Medium Low

$0

b. 5.

Minimum Commitment: There is no minimum commitment for this Service.

SERVICE LEVELS a. Standard Service Level Objectives (“SLOs”): If Bell Aliant fails to meet an SLO, the Customer shall not be entitled to any compensation. Also, failure to meet an SLO shall not be considered a default by Bell Aliant of its obligations under this Service Schedule. SLOs Site Availability Site Type

Target

Package 1 (Fibre, T1)

99.9%

Package 2 (DSL)

99.7%

Jitter

Resolution Target 80% within 4 hours resolve 80% within 8 hour resolve 3 Business days 5 Business days

Reporting Portal: Reasonable commercial effort will be used in providing the Bell Aliant reporting portal.

OTHER TERMS AND CONDITIONS a. Limited Warranty: Bell Aliant does not guarantee error-free or uninterrupted operation of the Services. In the event of service interruptions lasting twenty-four (24) hours or longer from Bell Aliant’s receipt of notification from the Customer, Bell Aliant, upon the Customer’s written request, will provide to the Customer a credit or refund of Fees proportionate to the length of the interruption commencing from Bell Aliant’s receipt of the Customer’s notification. Notwithstanding Termination terms and conditions as defined in the Agreement, such credit or refund will be the Customer’s sole and exclusive remedy, at law or in equity, against Bell Aliant or its representatives, which include Bell Aliant’s employees, affiliates, principals, shareholders, officers, subsidiaries, parent oganizations and/or contractors (herein after referred to as Representatives), relating to nonperformance of the Service(s). BELL ALIANT AND ITS REPRESENTATIVES MAKE NO WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY NATURE WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY, REPRESENTATION OR CONDITION OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY WITH RESPECT TO THE SERVICES, AND ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS, EXPRESS OR IMPLIED, ARE HEREBY EXCLUDED.

By signing below, Bell Aliant and the Customer agree that this Services Schedule is attached to and forms part of the Master Services Agreement. BELL ALIANT REGIONAL COMMUNICATIONS, LIMITED PARTNERSHIP by its General Partner Bell Aliant Regional Communications Inc.

Performance Measures

Frame Delivery Ratio

Description Incident whereby the Service is not operational for Customer. Incident has occurred whereby the Service has been partially affected but still functional. A request that typically affects a single user. A temporary work-around may be required to restore operations while the Incident is being resolved. The user has an alternative while the Service is being restored.

Critical

Other Fees: i. Change orders requests to existing Services are invoiced at $50.00 per change with the exception of decreasing access speeds which is invoiced at $250.00 administration fee.

Latency

Sunday 2am – 6am AST/ADT Wednesday 2am – 6am AST/ADT

Maintenance Windows

1 Year

Fibre/T1

DSL