Master Agreement for Shared Use Projects and Intent to Dispose 1515 W. 3rd Street_Hearing Copyrighted
April 1 , 2019
City of Dubuque Public Hearings # 2.
ITEM TITLE: MasterAgreementforShared Use Projectsand Intentto
Dispose of an Interest in Real Property by Lease
Agreement to the lowa Communications and Technology
Commission (I CN)
SUMMARY: Proof of publication on notice of public hearing to consider
approval of the MasterAgreementfor Shared Use Projects
and Lease Agreement for space within a City
telecommunications facility located at 1515 W. 3rd Street
between the City and the State of lowa,
Telecommunications and Technology Commission,
operating as the lowa Communications Network(ICN), and
the City Manager recommending approval.
RESOLUTION Approving the disposal of an interest in
real property owned by the City of Dubuque by leases
between the Cityof Dubuque, lowa and the lowa
Communications and Technology commission (I CN)
SUGGESTED DISPOSITION: Suggested Disposition: Receiveand File;Adopt
Resolution(s)
ATTACHMENTS:
Description Type
ICN MasterAgreementfor Shared Use Projects-MVM City Manager Memo
Memo
MSA and Lease City of DBQ and ICN Memo to the Staff Memo
City Manager
MSA and Lease Agreement between the City of
Dubuque and the lowa Communications and Supporting Documentation
Technology Commission (ICN)
Disposing Resolution Resolutions
Proof of Publication Supporting Documentation
THE CITY OF Dubuque
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Proposed Master Agreement for Shared Use Projects and Intent to
Dispose of an Interest in Real Property Owned by the City of Dubuque by
Lease Agreement between the City of Dubuque and the lowa
Communications and Technology Commission (ICN)
DATE: March 26, 2019
Information Services Manager Chris Kohlmann, Civil Engineer II Dave Ness and
Sustainable Innovation Consultant Dave Lyons recommend City Council approval of a
Master Agreement for Shared Use Projects and Lease Agreement for space within a
City telecommunications facility located at 1515 W. 3rd Street between the City and the
State of lowa, Telecommunications and Technology Commission, operating as the lowa
Communications Network (Collectively the "ICN").
Approval of this request would have a positive budgetary impact to the City. Presently
the City receives an annual lease payment of$300.00 from the ICN. The annual value
of the new lease in broadband services, power and backup power is estimated at
$19,200.00. Additionally, the approval of the Master Agreement for Shared Use
Projects would allow the City and ICN to more easily enter into future collaborations.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
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Mic ael C. Van Milligen �� �
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Attachment
cc: Crenna Brumwell, City Attorney
Teri Goodmann, Assistant City Manager
Cori Burbach, Assistant City Manager
Chris Kohlmann, Information Services Manager
Dave Ness, Civil Engineer II
David Lyons, Sustainable Innovation Consultant
Dubuque
THE CITY OF �
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TO: Michael C. Van Milligen, City Manager
FROM: Chris Kohlmann, Information Services Manager
Dave Ness, Civil Engineer II
David Lyons, Sustainable Innovation Consultant
SUBJECT: Proposed Master Agreement for Shared Use Projects and Intent to
Dispose of an Interest in Real Property Owned By The City Of Dubuque
By Lease Agreement between the City of Dubuque and the lowa
Communications and Technology Commission (ICN)
DATE: March 25, 2019
INTRODUCTION
The purpose of this memo is to request approval of a Master Agreement for Shared Use
Projects and a Lease Agreement for space within a City telecommunications facility
located at 1515 W. 3�d Street between the City and the State of lowa,
Telecommunications and Technology Commission operating as the lowa
Communications Network (collectively the "ICN")
BACKGROUND
The ICN is authorized by lowa Code Chapter 8D to operate a communications network
in the State of lowa to meet the broadband needs of education, government, public
safety, healthcare and other statutorily defined entities. The ICN has previously leased
space at a telecommunication's "huY' located within the grounds of the 3�d Street water
tower. The ICN lease has lapsed and needs to be renewed. In addition, the ICN has
expressed interest in collaborating with the City of Dubuque to share broadband
infrastructure, similar to the existing Master Agreements the City has entered into with
private broadband carriers.
DISCUSSION
In 2016 the City of Dubuque undertook its Broadband Acceleration Initiative. The
Initiative focuses on public/private collaborations and includes a comprehensive
strategy to reduce the cost and time required for broadband expansions in Dubuque.
One effort within that strategy is the use of"Master Sharing Agreements", where an
overall legal, structural and financial relationship is established between the City and
broadband providers and approved by City Council for co-location and fiber optic and
conduit builds. While the ICN may only serve a statutorily designated set of clients,
assisting the ICN in reducing costs and accelerating access, while preserving City right-
of-way, is consistent with the overall strategy of the City's Initiative.
The first "shared use" undertaking is attached to the Master Agreement as Exhibit C and
is a lease of space within an existing City facility. Pursuant to the terms of the proposed
Lease, the City would provide continued use of the facility to ICN and ICN would provide
the City with broadband capacity (estimated value of$1 ,057.50 per month), waive
associated fees and allow the ICN's backup generator to provide emergency power to
the City equipment now being co-located at that facility.
BUDGETIMPACT
Approval of this request would have a positive budgetary impact to the City. Presently
the City receives an annual lease payment of$300.00 from the ICN. The annual value
of the new lease in broadband services, power and backup power is estimated at
$19,200.00. Additionally, the approval of the Master Agreement for Shared Use
Projects would allow the City and ICN to more easily enter into future collaborations.
ACTION REQUESTED
Please review this Memo, attached Agreement and Lease.
We would respectfully request your approval of the Master Agreement for Shared Use
Projects and approving the disposal of an interest in real property owned by the City of
Dubuque by leases between the City of Dubuque, lowa and the lowa Communications
and Technology Commission (ICN) through adoption of the enclosed resolution.
Thank you.
CC Crenna Brumwell, City Attorney
Steve Brown, Engineering
Denise Irhig, Water Department Manager
Barry Lindahl, Senior Counsel
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RESOLUTION NO. 125-19
APPROVING THE DISPOSAL OF AN INTEREST IN REAL PROPERTY OWNED BY
THE CITY OF DUBUQUE BY LEASES BETWEEN THE CITY OF DUBUQUE, IOWA
AND THE IOWA COMMUNICATIONS AND TECHNOLOGY COMMISSION (ICN)
Whereas, the City of Dubuque, Iowa (City) is the owner of the real property described
as follows:
That part of Lot 2 of Finley Home Addition No. 2 in the City of Dubuque,
Dubuque County, Iowa, shown on Exhibit A, on which is located a 20 ft. x
20 ft. wooden -frame construction building
(locally known as1515 W. 3rd Street)
(the Leased Premises)
; and
Whereas, City and the ICN intend to enter into a Master Lease Agreement dated March
11, 2019 (the Agreement), which grants the ICN the right to lease certain City property
for the purposes and subject to the conditions set forth in the Agreement; and
Whereas, the ICN desires to lease certain spaces on and within the Leased Premises;
and
Whereas, City and ICN have tentatively agreed to the Lease, attached hereto; and
WHEREAS, on April 1, 2019, the City Council pursuant to notice published as required
by law held a public hearing on its intent to dispose of the foregoing interest in real
property and overruled all objections thereto;
Whereas, the City Council believes it is in the best interest of the City of Dubuque to
approve the Lease.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Master Lease Agreement and the Leased Premises Agreement
between the City and ICN is hereby approved and the City Manager is authorized to
execute said agreements on behalf of the City of Dubuque.
Passed, approved and adopted this 1st day of April 2019.
Attest:
Keviri'S. Firnstahl, CMC, City Clerk
oy D. Buol, Mayor
F:\Users\tsteckle\Lindahl\Resolutions\ICN_Disposal of Interest and Master Lease Agreement_032219.docx
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EXHIBIT A
THE LEASED PREMISES
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AGREEMENT 17-121
MASTER AGREEMENT FOR SHARED USE PROJECTS
THIS AGREEMENT is made by and between the State of Iowa, Iowa Telecommunications and Technology
Commission operating the Iowa Communications Network, (collectively the "ICN") and the City of Dubuque, Iowa
("City"), a municipal corporation organized and existing under the laws of the State of Iowa. ICN and City may also
be referred to as the "Parties" or "Party" as the context allows.
In, consideration of the mutual covenants contained in this Agreement, the sufficiency of which is
acknowledged, the parties agree as follows:
This Agreement sets forth the initial terms and conditions which will apply to the ICN and City relating to the
shared installation, use, and maintenance of communications facilities and services within the City of Dubuque,
Iowa.
SECTION 1. IDENTITY OF THE PARTIES.
1.1 The Iowa Telecommunications and Technology Commission operating the Iowa Communications Network
is authorized by Iowa Code Chapter 8D to operate a communications network in the State of Iowa. The Iowa
Communications Network's address is 400 East 14th Street, Grimes State Office Building, Des Moines, Iowa 50319.
1.2 The City of Dubuque is a municipality and political subdivision of the State of Iowa incorporated in
accordance with the relevant provisions of Iowa law. The City's Administration Offices location is: 50 West 13th
Street. Dubuque, Iowa 52001.
SECTION 2. DEFINITIONS. The following words shall have the meanings set forth below. Words in the singular
shall be held to include the plural and vice versa.
2.1 "Agreement" means this document and any amendments to this document or any other documents
specifically incorporated into this Agreement by reference.
2.2 "Cable Locates" or "Locates" means the identification of utilities through the Iowa One Call Center (IOC)
pursuant to Iowa Code chapter 480.
2.3 "Dark Fiber" means a number of fibers, normally expressed in number of glass strands unless otherwise
stated, between two specified locations that have no optronics or electronics attached to it, thus no
light/communications signal being transmitted through the fiber.
2.4 "Designated Fiber" shall mean the Fiber as identified in each Amendment, Appendix and Exhibit.
2.5 "City" means the City of Dubuque Iowa.
2.6 "City Duct" means a buried conduit or HDPE duct, and associated handholes etc, for the purpose of
enabling the installation of one or more fiber optic strands installed by, owned by (jointly or individually) or allocated
to the City, identified on the Exhibit(s) attached hereto.
2.7 "City Equipment" means facilities or equipment provided, owned or installed by City in, around or on the
Designated Fiber.
2.8 "Fiber" means a glass strand or strands which is/are protected by a color -coded buffer tube and which
is/are used to transmit a communication signal along the glass strand in the form of pulses of light.
2.9 "Fiber Segment" means the length of similar fiber and fiber count between designated access splice points.
2.10 "ICN" means collectively the Iowa Telecommunications and Technology Commission operating the Iowa
Communications Network.
2.11 "ICN Network" means the communications system operated by the ICN, as such systems exist now, and
as it is modified from time to time.
2.12 "IRU" or "Indefeasible Right of Use" means the exclusive, unrestrictive and indefeasible right of use the
relevant capacity (including equipment, fibers or capacity) for any legal purpose.
2.13 "Lit Fiber" means fiber-optic cable which is actively carrying a signal.
2.14 "Link Segment" means a specified length of fiber optic cable connecting two points. It may be a specified
portion of a larger fiber optic cable network or it may be the entire network.
2.15 "OTDR" means Optical Time Domain Reflectometer which is the optical -fiber test instrument capable of
measuring loss characteristics and displaying faults, splices, and other fiber events in single mode and multi -mode
optical fibers.
2.16 "Other Fiber Owners or Lessees" means all others, either now or in the future, that obtain ownership of or
lease rights to Dark Fiber strands or sheath.
2.17 "Proportional Share" shall mean the number of Fibers, for each the ICN and City, within the sheath.
2.18 "Re -locate" shall mean when it is necessary to Re -locate a current fiber facility to a different location.
2.19 "Restoration" shall refer to restoring fiber optic cable to service after damage or cut incident.
2.20 "Route Maintenance" related to cable and the route/right of way (ROW) shall refer to repair of areas of
exposed cable or degraded ROW, for example due to erosion or poor manner of initial installation.
2.21 "State" means the State of Iowa and all of its agencies, boards, and commissions, including the ICN.
2.22 "SUP" shall mean Shared Use Project as identified and described in each Amendment added to the
Agreement.
2.23 "Conduit Pathway" means a buried conduit or HDPE duct, and associated handholes, etc., for the purpose
of enabling the installation of one or more fiber optic cables. Conduit and duct may be used interchangeably.
SECTION 3. SCOPE OF WORK.
3.1 Scope of Services. Each SUP performed under this Agreement must be set forth, in writing, in a Scope
of Services document, that will be incorporated into this Agreement via an Amendment to this Agreement, which
shall be signed by both Parties.
3.1.1 Each SUP Scope of Services document shall at a minimum identify and address the following:
■ City Project Number
Location of the project
Description of the project
o Specific end points
o Length of segment
o Line drawings
• Duration of the term for the project.
■ Fiber and duct route, fiber count, Fiber allocation and identification of additional parties involved, if
any.
■ Fiber and duct map
■ Responsibilities of each Party, including supply and installation.
• Ownership of the fiber and duct
• Fiber maintenance responsibility
o If the ICN or the City are not providing maintenance and restoration, the amendment shall
identify the service provider and the service levels for advance notice of maintenance
activity and restoration times, in the event of a cable cut.
■ Fiber repairs and restoration
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■ Telecommunication Services related to the SUP
■ Project financials (costs and obligations)
• Which Party bears cost for future locates
• Which Party bears cost for future relocates
• Proposed start and completion dates
3.2 Amendments to Scope of Services and Specifications. The parties agree that a SUP Scope of Services
document referenced in sections 3.1 and 3.1.1 and the specifications contained therein may be revised, replaced,
amended or deleted at any time during the term of this Agreement to reflect changes in service or performance
standards only upon the mutual written consent of the parties.
3.3 Industry Standards. All splicing services rendered pursuant to this Agreement shall comply with the
Standards set forth on Exhibit A attached ("Splicing, Testing and Acceptance Standards for single mode fiber")
which is incorporated into this Agreement by reference. All other services rendered pursuant to this Agreement
shall be performed in a professional and workmanlike manner in accordance with the terms of this Agreement and
with generally accepted industry standards of performance for similar tasks and projects, including SUDAS
(Statewide Urban Design and Specifications). Any services performed in violation of these standards will be
corrected at no cost to the affected Party, such that the services are rendered in the above-specified manner.
3.3.1 As a general practice, the Designated Fiber optic cable shall be buried versus aerial, unless
determined by mutual agreement of the parties, to be more economically feasible for short sections; i.e.
rock area.
3.4 ICN and City Contact procedures are listed in Exhibit B, Maintenance and Support Contacts and On Call
Procedures, which are attached and incorporated into this Agreement by reference. Upon the addition of each
SUP Scope of Services document to the Agreement pursuant to sections 3.1 and 3.1.1, the Parties shall review the
information contained in Exhibit B and update the information if necessary.
3.5 Non -Exclusive Rights. This Agreement is not exclusive. The ICN and City reserve the right to select other
Vendors to provide services similar or identical to the services referenced in this Agreement or set forth in the
Scope of Services documents referenced in sections 3.1 and 3.1.1 of this Agreement during the term of this
Agreement.
3.6 ICN Property. Except as provided in a specific project attachment,. the City shall not, and shall not permit
others, to rearrange, disconnect, remove, attempt to repair, or otherwise tamper with any ICN property without the
written consent of the ICN. The Parties agree that no party other than the ICN or a contractor under the direct
supervision of the ICN shall be permitted to perform maintenance or splicing on the Fiber.
3.7 City Equipment. Unless otherwise specified within an SUP Scope of Services document, the City shall
have sole responsibility for installation, testing and operation of City Equipment. Unless otherwise specified within
an SUP Scope of Services document the ICN shall not be responsible for the operation or maintenance of any City
Equipment. Unless otherwise specified within an SUP the ICN shall not be responsible for the transmission or
reception of communications or signals by City Equipment or for the quality of, or defects in, such transmission or
reception.
SECTION 4: COMPENSATION.
4.1 Payment Terms. Upon completion of the services, duties and responsibilities that a party is required to
provide under a SUP Scope of Services document referenced in sections 3.1 and 3.1.1, each party shall submit
itemized invoices to the other party that identify the services provided in connection with the Scope of Services
document and the amount claimed for the services provided. All approved invoices will be paid in arrears and in
conformance with Iowa Code. Either party may vary the terms of this provision by paying the invoice in less than
60 days as provided in Iowa Code. However, an election to pay in less than 60 days shall not act as an implied
waiver of Iowa Code. Any sums owed by the other Party shall be itemized and added to the invoice prior to
submission. If either Party disputes the amount of any invoice, the Party will notify the other party of the dispute
within 30 days of receipt of the invoice. Payment of the disputed amount may be withheld until the dispute is
resolved.
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4.2 The Compensation section of each SUP Scope of Services document incorporated into this Agreement via
Amendment under section 3.1 and 3.1.1 above shall be reviewed thereafter, at least, 36 months from the initial date
of execution.
4.2.1 When reviewing the Compensation section of each Amendment the value of services (e.g., locate
services, Internet bandwidth) and infrastructure (e.g., fiber optic cable, conduit) provided by ICN and City,
both one-time and ongoing, shall be considered.
4.3 ICN agrees to execute the City of Dubuque "License For Nonfranchised Communications System In the
Public Right -Of -Way" and to pay the onetime fee of $200. ICN projects separate from this Agreement will be
required to follow the Communications Systems in the Public Right of Way procedures, rules, regulations and fee
schedules.
SECTION 5: TERM. This Agreement is effective upon signature of all parties and will continue for 20 years or until
either Party provides notice as detailed in Section 10.
SECTION 6. COLLOCATION. To the extent that City wishes to collocate equipment in any ICN facility, the Parties
shall enter into a separate collocation agreement for each site.
SECTION 7. EXCLUSION OF WARRANTIES. THE PARTIES MAKE NO WARRANTY TO EACH OTHER OR ANY
OTHER ENTITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, AS TO THE INSTALLATION,
DESCRIPTION, QUALITY, MERCHANTABILITY, COMPLETENESS, USEFUL LIFE, FUTURE ECONOMIC
VIABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE OF THE DESIGNATED FIBER, ANY FIBERS, OR
THE SYSTEM, OR AS TO ANY OTHER MATTER, ALL OF WHICH WARRANTIES ARE HEREBY EXPRESSLY
EXCLUDED AND DISCLAIMED.
SECTION 8. INDEMNIFICATION.
8.1 The ICN and the City shall, only to the extent consistent with Article VII, Section 1 of the Iowa Constitution
and Iowa Code Chapters 669 and 670, indemnify and hold each other harmless from and against any and all costs,
expenses, losses, claims, damages, liabilities, settlements and judgments arising directly out of the negligence or
wrongful acts or omissions of any employee of the ICN or the City, respectively, while acting within the scope of the
employee's office of employment in connection with the performance of this Agreement.
8.2 Nothing contained herein shall operate as a limitation on the right of either party hereto to bring an action
for damages against any third party, including indirect, special or consequential damages, based on any acts or
omissions of such third party as such acts or omissions may affect the construction, operation or use of the
Designated Fiber or the ICN Network; provided, however, that each party hereto shall assign such rights or claims,
execute such documents and do whatever else may be reasonably necessary to enable the other party to pursue
any such action against such third party.
SECTION 9. LIMITATION OF LIABILITY. Notwithstanding any provision of this Agreement to the contrary, in no
event shall either party be liable to the other party for any special, incidental, indirect, punitive or consequential
damages, whether foreseeable or not, arising out of, or in connection with, transmission interruptions or problems,
or any interruption or degradation of service, including, but not limited to, damage or loss of property or equipment,
loss of profits or revenue, cost of capital, cost of replacement services, or claims of customers, whether occasioned
by any construction, reconstruction, relocation, repair or maintenance performed by, or failed to be performed by,
the other party or any other cause whatsoever, including, without limitation, breach of contract, breach of warranty,
negligence, or strict liability all claims for which damages are hereby specifically waived.
SECTION 10. TERMINATION.
10.1 Termination for Cause. In the event a breach of this Agreement occurs, the non -breaching party may give
written notice, pursuant to section 11.8, to the party that committed the breach, which notice shall advise that party
of the specific facts and circumstances that constitute a breach of the Agreement and further advise the party that it
has 30 days to cure or correct the breach. If the breach is not cured or corrected at the end of this 30 day period,
the non -breaching party shall have the right to terminate this Agreement at the end of a 180 day period, which
period shall start upon written notice, delivered to the party in breach pursuant to section 11.8, of the party's
intention to terminate the Agreement in 180 days.
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10.2 Termination for Change in Law. Either party, ICN or City, shall have the right to terminate this Agreement
without penalty by giving 180 days' written notice to the other party if one of the following events occurs: (a)
Adequate funds are not appropriated or granted to allow the party to operate as required to fulfill its obligations
under this Agreement; (b) Funds are de -appropriated or not allocated or if funds needed by the party, at the party's
sole discretion, are insufficient for any reason; (c) The ICN's authorization to operate is withdrawn or there is a
material change in the programs administered by the ICN; or (d) The ICN's duties are substantially modified.
10.3 Non -Availability of Funds. Notwithstanding any other provisions of this Agreement, if funds anticipated for
the fulfillment of this contract are at any time not forthcoming or insufficient, either through the failure of the Federal
Government or of the State of Iowa to appropriate funds or through discontinuance or material alteration of the
program under which funds were provided, then City shall have the right to terminate this Agreement without
penalty.
10.4 Disposition of Fiber Optic Cable. If City and ICN are the only Parties within the fiber sheath and in the
event that a Party elects to permanently terminate the use of its Designated Fiber referenced in any document that
has been attached to this Agreement or incorporated into this Agreement by reference, the cable sheath and
associated components, splicing hardware and any installed underground conduit, all items previously described
will be considered to be abandoned and ownership shall be offered to the other Party at no cost. If either Party
abandons the Fiber, the receiving Party shall be responsible for all costs associated with maintenance and
operation of the cable, including all costs associated with any subsequent cable abandonment by the receiving
Party.
10.4.1 If either party enters bankruptcy or is sold, the terminating party will ensure that the new owner of
the Duct and or Fiber Asset recognizes the rights of the remaining party. The remaining party will be
offered the option to negotiate an agreement with the new owner or terminate this Agreement.
SECTION 11. CONTRACT ADMINISTRATION.
11.1 Amendments. This Agreement may be amended in writing from time to time by mutual consent of the
parties. All Amendments to this Agreement must be in writing and signed by both the ICN and City.
11.2 Third Party Beneficiaries. There are no third party beneficiaries to this Agreement. This Agreement is
intended only to benefit the ICN and City.
11.3 Choice of Law and Forum. The laws of the State of Iowa shall govern and determine all matters arising
out of or in connection with this Agreement without regard to the choice of law provisions of Iowa law. In the event
any judicial proceeding is commenced in connection with this Agreement, the exclusive jurisdiction for the
proceeding shall be brought in Polk County District Court for the State of Iowa, Des Moines, Iowa. This provision
shall not be construed as waiving any immunity to suit or liability including without limitation sovereign immunity in
State or Federal court, which may be available to the ICN, the City, or the State of Iowa.
11.4 Integration. This Agreement, any scope of Services document, Schedule, Addendum, Amendment,
Rider or Exhibit attached to this Agreement or incorporated into this Agreement by reference, represents the entire
Agreement between the parties and neither party is relying on any representation that may have been made which
is not included in this Agreement.
11.5 Not a Joint Venture. Nothing in this Agreement shall be construed as creating or constituting the
relationship of a partnership, joint venture, (or other association of any kind or agent/principal relationship) between
the parties hereto. No party, unless otherwise specifically provided for herein, has the authority to enter into any
agreement or create an obligation or liability on behalf of, in the name of, or binding upon another party to this
Agreement.
11.6 Supersedes Former Agreements. This Agreement supersedes all prior Agreements between the ICN
and CITY for the Fiber and services provided in connection with this Agreement.
11.7 Waiver. Any breach or default by either party shall not be waived or released other than by writing
signed by the other party. Failure by either party at any time to require performance by the other party or to claim a
breach of any provision of the Agreement shall not be construed as affecting any subsequent breach or the right to
require performance with respect thereto or to claim a breach with respect thereto.
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11.8 Notices. Any and all notices, designations, consents, offers, acceptances or any other communication
provided for herein shall be given in writing by registered or certified mail, return receipt requested, or by receipted
hand deliver, by Federal Express, courier, or other similar and reliable carrier which shall be addressed to each
party as set forth as follows:
If to the ICN:
If to CITY:
ICN — Contracting
400 East 14th Street
Grimes State Office Building
Des Moines, Iowa 50319
City Clerk
City of DubuqueContact Name, Contact Title
50 West 3rd St.
Dubuque, Iowa 52001StreetAddress
City, Iowa, Zip
Each such notice shall be deemed to have been provided at the earliest of the following: (a) at the time it is actually
received; or (b) in the case of overnight hand delivery courier or services such as Federal Express with guaranteed
next day delivery, within one day; or (c) in the case of registered U.S. Mail, within five (5) days; or when verified by
automated receipt or electronic logs if sent by facsimile or email. Copies of such notice to each party shall be
provided separately. From time to time, the parties may change the name and address of a party designated to
receive notice. Such change of the designated person shall be in writing to the other party and as provided herein.
11.9 Cumulative Rights. The various rights, powers, options, elections and remedies of either party, provided
in this Agreement, shall be construed as cumulative and no one of them is exclusive of the others or exclusive of
any rights, remedies or priorities allowed either party by law. Nothing in this Agreement shall be construed as
affecting, impairing or limiting the equitable or legal remedies to which either party may be entitled as a result of any
breach of this Agreement.
11.10 Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be
invalid or unenforceable, the invalid portion shall be severed from this Agreement. Such a determination shall not
affect the validity or enforceability of any other part or provision of this Agreement.
11.11 Obligations beyond Agreement Term. This Agreement shall remain in full force and effect to the end of
the specified term or until terminated or canceled pursuant to this Agreement.
11.12 Authorization. Each party to this Agreement represents and warrants to the other that it has the right,
power and authority to enter into and perform its obligations under this Agreement and that it has taken all requisite
action (corporate, statutory, or otherwise) to approve execution, delivery and performance of this Agreement. This
Agreement constitutes a legal, valid and binding obligation upon the parties in accordance with its terms.
11.13 Successors in Interest. All the terms, provisions, and conditions of the Agreement shall be binding upon
and inure to the benefit of the parties hereto and their respective successors, assigns, and legal representatives.
11.14 Counterparts and Facsimile Signatures. The parties agree that this Agreement has been or may be
executed in several counterparts, each of which shall be deemed an original and all such counterparts shall
together constitute one and the same instrument. The parties further agree that the signatures on this Agreement
or any amendment or schedule may be manual or a facsimile signature of the person authorized to sign the
appropriate document. All authorized facsimile signatures shall have the same force and effect as if manually
signed.
11.15 Taxes: State and Local. The parties are tax-exempt entities and no payment will be made for any taxes
for any purpose.
11.16 Assignment and Delegation. Neither party to this Agreement shall assign, transfer or convey this
agreement in whole or in part without the prior written consent of the other party.
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11.16.1 In the event of any assignment or change in ownership, neither party shall be required to provide
services to unauthorized or approved users, nor does one party have the ability to obligate the other
party to responsibilities without their written approval.
SECTION 12. EXECUTION.
IN WITNESS WHEREOF, in consideration of the mutual covenants set forth above and for other good and valuable
consideration, the receipt, adequacy and legal sufficiency of which are hereby acknowledged, the parties have
entered into the above Agreement and have caused their duly authorized representatives to execute this
Agreement.
IOWA C��III}�NICA IONS NES, ORK
Y
B : ���°° �'llV
Printed name: Mark W. ohnson
Title: ICN Chief Operating Officer
Date:
L9-/0- /9
CITY OF DUBUQ tOt
LJ
By:
Printed name: y D. B u o l
Title: Mayor
Date: April 1, 2019
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EXHIBIT A
SPLICING, TESTING AND ACCEPTANCE STANDARDS
for Single Mode Fiber
1. All splices will be performed with an industry -accepted fusion splicing machine as per ICN splicing
specifications.
2. Splices will be qualified during the initial construction by the core alignment system on the fusion splicer.
3. After end-to-end (site -to -site) connectivity on the fibers, the installing contractor will complete bi-directional
span testing. These measurements will be made after all cable installation activities are complete for each
span. Connectors will be cleaned as necessary to ensure accurate measurements are taken.
• Installed loss measurements at 1550nm will be recorded using an industry accepted laser source
and power meter. Continuity testing (checking for "frogging") will be done on all fibers concurrently.
• OTDR traces will be taken at 1550nm and splice loss measurements will be analyzed. Bell Core
format will be used on all traces, unless both parties agree to another OTDR format.
• All testing, power levels and OTDR traces will be conducted at 1550nm.
• Installing Agency will pay for the testing at the 1550 level.
• OTDR traces shall be saved in a standard file naming convention.
One set of OTDR traces will be provided to each the CITY and the ICN via electronic format.
4. The splicing standards are as follows:
• The objective loss value of the connector and its associated splice will be 0.50 dB or less.
• The objective for each Fiber within a span shall be an average bi-directional loss of 0.15 dB or less
for each splice. For example, if a given span has 10 splices, each Fiber shall have a total bi-
directional loss (due to the 10 splices) of 1.5 dB or less. Individual bi-directional loss values for
each splice will be reviewed for high losses.
• The aforementioned standards are objectives, not the basis for acceptance. The acceptance
standard for each Fiber per span shall be calculated as follows:
Span Loss = a (span distance in kilometers) + b (0.15 dB/splice) + c (0.50 db/connector)
Where:
a = maximum fiber loss in dB per kilometer for the specific fiber type/manufacturer at
1550nm
b = number of splice locations for the span
c = number of connectors for the span
5. All connector splices will be protected with heat shrinks. Buffer tubes/ribbons will not be split across more
than one splice tray. An industry accepted splice enclosure will be used on all splices.
FIBER STANDARDS
NOTE: Single mode fiber shall meet the SMF -28 standard. If the fiber to be used is existing fiber, previously
installed prior to 1996, the ICN will require the manufacture date of the fiber to ensure compatibility with the balance
of the associated fiber and installation equipment.
NOTE: Multimode fiber shall meet the ISO 11801 standard .The ICN will need to know what classification of MM
fiber it is, OM1 (62.5/125), 0M2 (50/125), or 0M3 (Laser -Optimized 50/125).
NOTE: As stated in 3.3.1 As a general practice, the Designated Fiber optic cable shall be buried versus aerial,
unless determined by mutual agreement of the parties, to be more economically feasible for short sections; i.e. rock
area.
8
EXHIBIT B
Maintenance and Support Contacts
and
On Call Procedures
1. Points of Contact. The Parties agree to provide points of contact for purposes of efficient management of this
Agreement, inaccordance with the following.
1.1 The ICN's primary point of contact for the City is the ICN Service Desk: Phone 1-800-572-3940.
The ICN NOC is staffed 24x7x365 days a year.
1.2 City of Dubuque Contacts
Chris Kohlmann, Manager Information Services Department
City of Dubuque
1300 Main Street
Dubuque, Iowa 52001
Phone: 563-589-4281
Email: ckohlman( cityofdubuque.orq'
Escorted Access request line (twenty-four (24) hours per day, seven (7) days per week):
ICN phone: To be provided in any applicable Project Statement
City phone: Non -Emergency Dispatch 563-589-4415
Dave Ness, 563-589-1722
or send email to: Dness@cityofdubuque.org
1.3 The Parties shall provide notice of any change in the respective point(s) of contact within 15 working
days by notification via written media.
1.4 Requests for service and information sent by City employees who are not specified point(s) of contact
and/or received by ICN employees who are not specified point(s) of contact in Section 1.2 will be verified
by the proper contacts of both parties before action istaken.
2. Trouble Reporting and Resolution. The ICN shall provide for the following trouble reporting and resolution
procedures:
2.1 The ICN network is monitored 24 hours per day, 7 days per week, utilizing a centralized control center
for real-time status and alarm conditions. The ICN network operations and maintenance are applicable to
all services delivered by the ICN. The ICN Service Desk is the point of contact for trouble reporting. Call
locally 1-515-725-4400 or toll free 1-800-572-3940. Phones are answered 24 hours per day. Following are
service standards relative to operations and management of the network
2.1.1 Network Surveillance. The ICN shall observe, monitor, analyze and report on all operations of
the ICN Network. The ICN will identify network failures, troubles or degradation of service on the
ICN fiber. The ICN will monitor the fiber path, but not City fiber traffic. The ICN will notify the City
point(s) of contact of ICN network failures, troubles or degradation of service. Locate and dispatch
technicians when the ICN network experiences failures, troubles, or equipment degradation.
Troubles and adverse network conditions are reported to the ICN Maintenance Supervisor for
escalation or assistance in trouble shooting the problem that has been identified.
2.1.1.1 Trouble Ticketing and Escalation Follow-up. Trouble tickets are opened within 10
minutes of any trouble reported by City, staff, or vendors. Troubles generated by network
surveillance are opened within 20 minutes on major alarms or daily thresholds.
2.1.1.2 All network outages (i.e. fiber cuts) and platform outages (i.e. video platform, internet
and firewall) will follow current ICN Standard Procedures for escalation and resolution.
2.2 Scheduled Maintenance Activities. Unless expressly stated elsewhere in this Agreement, all Parties
whose network traffic may be impaired or affected during the scheduled maintenance will be notified 3
business days before a routine scheduled maintenance window will take place. In the event that an
"Emergency Maintenance Window" is required, the ICN will give City as much advanced notice as possible.
An emergency maintenance window is defined as repair work that is required to restore service that is not
performing to engineered standards. If the scheduled .maintenance day or time needs to be altered for City,
every effort will be made to accommodate the request. The ICN will provide notification (via the ICN
MaintList e-mail server system) of scheduled maintenance activities to City points of contact as
maintenance windows are scheduled. City must provide the ICN with valid contact names and telephone
numbers for daytime and after-hours contact. City must also submit their point of contact information for the
ICN to add to the MaintList e-mail distribution system. Routine maintenance is scheduled to be worked
between the hours of midnight and 6:00 AM and is not restricted to any one day of the week or weekend.
The ICN will make every effort to assure that the least amount of disruption of service to our customers as
the result of maintenance work being performed. The ICN also reserves the right to perform network
maintenance as required for the common good of all users of the ICN network. Any maintenance activity
that affects only one ICN customer will be scheduled and approved jointly with the affected customer. All
other maintenance work will be performed by the ICN within its own discretion, within the timeframes stated
within this section and within the notification guidelines also stated in this section, including the guidelines
related to emergency maintenance.
2.3 Cable Locates. When any contractor or citizen of Iowa begins any type of excavating, they are required
to inform the Iowa One Call Center (I0C). I0C will determine the location and call all utilities that may be
affected. Based on the I0C notification, the ICN will dispatch from the locate desk maintenance personnel
to the affected site. Such maintenance personnel will verbally clear the situation, physically mark the
location, and/or stand by the construction site during digging. Measures to be used are determined by the
proximity of the proposed digging to ICN/ City cable.
2.4 Notification of Service Impairments. If service disruptions or degradation of service of any type is
detected through network surveillance, the ICN Service Desk will notify City point of contact or City Help
Desk via phone or via written media, including electronic mail, on the disruption as soon as identified and
affected customers are determined. The ICN Service Desk will give updates on reported or detected
service disruptions or degradation as follows:
2.4.1 Customer updates will be given as requested for Network Outages (including fiber cuts) and
Platform Outages (i.e. Internet) during the standard business hours of 8:00 AM until 5:00 PM
Monday thru Friday. The customer can request continued updates for after hours if a contact name
and telephone number is provided.
2.4.2 City is required to notify the ICN Service Desk at 515-725-4400 or 800-572-3940, of any
planned outages that will impact the ICN and its ability to provide service to City or other authorized
users. This notification must be provided at least 5 business days before the work is to be done
unless it is an emergency.
2.4.3 24x7 access to City buildings, building demarcation points, communication closets,
equipment rooms, and other locations where ICN delivers either ICN or LEC services is required to
be provided by City to ICN technicians to insure service guarantees and response times to repair.
Access may be arranged via the City Service Desk. Advance notice will be required for escorted
access. If 24 x 7 access is not available to ICN technicians, ICN service guarantees and response
times to repair will not be honored. Escorted Access will be provided to the ICN on a 24 x 7 basis.
If ICN access to City facilities is necessary due to a City request or requirement, the ICN shall not
be charged an escort fee.
2.5 Due to the urgent nature, trouble calls shall be made to the ICN Service Desk via telephone:
2.5.1 Local (within Des Moines calling region) at 515-725-4400.
2.5.2 Outside Des Moines calling region at 1-800-572-3940.
10
2.6 Customer Requested Escalations:
2.6.1 Other ICN inquiries, including but not limited to billing, account history, status of service
installation, and existing services in production, are to be addressed to ICN Customer Service and
Support (CSS) Phone 1-877-426-4692.
2.6.2 The ICN shall provide for trouble and inquiry resolution as follows: The ICN shall respond
within 1 business day of an City escalation request with updates, plans and/or resolutions followed
by written or electronic confirmation of the updates, plans and/or resolutions within 3 business
days.
2.6.3 Other inquiries, as noted in 2.6.1 above, within 3 business days after receipt of the inquiry by
the ICN, the ICN and City shall mutually agree upon the path to the inquiry resolution.
2.7 City and the ICN will conduct periodic review of problems and develop procedures for outage and
problem discussion and service improvement efforts. Examples include but are not limited to: chronic and
recurring problems and major outages.
11
EXHIBIT C
LEASE AGREEMENT BETWEEN
THE CITY OF DUBUQUE, IOWA (City) AND
THE IOWA COMMUNICATIONS AND TECHNOLOGY COMMISSION (ICN)
SECTION 1. PREMISES: City leases space to ICN within the following real estate:
That part of Lot 2 of Finely Home Addition No. 2 in the City of Dubuque, Dubuque County, Iowa, shown on Exhibit
A, on which is located a 20 ft. x 20 ft. wooden -frame construction building (1515 W. 3rd Street, Dubuque, Iowa) (the
"Leased Premises") together with all improvements thereon, and all rights, easements and appurtenances thereto
belonging, for the duration of the Lease, on the condition that ICN performs as provided in this Lease Exhibit.
SECTION 2. DURATION: The Lease shall be effective upon signature of the Master Agreement For Shared Use
Projects, 17-121 and continue for a three year term unless terminated by either party, per Exhibit C, Section 9. or
Section 10. of the Master Agreement For Shared Use Projects. At the end of the initial three year term, the lease
shall be reviewed and renewed for an additional three year period, upon mutual written agreement of the parties.
SECTION 3. RENT: The Parties have agreed to exchange services for rent at "fair market value". In exchange
for the leased space, ICN agrees to provide commercial and backup power to the City equipment and also provide
internet access to the City, as detailed below.
City allocated costs:
• Rack space, the City MRC is $500 per rack (ICN has installed 3 racks = total MRC of $1,500.00)
ICN allocated costs:
• Commercial & emergency power, each 20 amp circuit has a value of $300 MRC, see section 7.4 for detail.
• Internet access, 300Mb (MRC of $1,057.50)
o Internet access will be handed off in the leased space, with Cat6 cable terminated with RJ5 jack
o Pricing includes the port
o ICN Will waive the new service installation fee of $500NRC
SECTION 4. POSSESSION AND USE:
4.1 Although the previous lease, #13-008, has expired, the parties continued operating under the previously
agreed upon terms and ICN is now allowed to continue use of the Leased Premises, under this exhibit, until either
party terminates the Lease.
4.2 ICN acknowledges that this is a non-exclusive lease and City may lease Leased Premises to other tenants.
ICN may use the Leased Premises only to house and operate equipment for its fiber optic and electronic
communications system, Any use of the Leased Premises may not conflict with the present use of adjacent
property owned by City. ICN may install and operate additional electronic equipment within the Leased Premises; in
a manner which does not conflict or interfere with City's use of the Leased Premises, and which does not conflict
with the use or operation of the Leased Premises by City's other tenants.
4.3 ICN must comply with all present and future federal, state, and local laws, ordinances, rules, and
regulations in connection with the use, operation, maintenance, construction and installation of additional
equipment.
4.4 ICN must pay for all utilities and services which are used by ICN on the Leased Premises.
4.5 ICN agrees and acknowledges no assignment or subletting, either voluntary or by operation of law, will be
effective without the prior written consent of City.
SECTION 5. COVENANT OF QUIET ENJOYMENT: As long as ICN pays the rents reserved by this Lease and
performs and observes all the covenants and provisions hereof, ICN may quietly enjoy the Leased Premises and
have unobstructed access to the Leased Premises by means reasonably designated by City.
12
SECTION 6. CARE AND MAINTENANCE:
6.1 ICN utilizes the Leased Premises as is.
6.2 ICN may make no structural changes or alterations without the prior written consent of City. Any structural
changes or alterations or construction must be made by ICN in a legal and careful mariner and without interference
or damage to any other equipment, structures or operations on the Leased Premises, including use of the Leased
Premises by City or any assignees or other ICNs.
6.3 ICN must keep its facilities within the Leased Premises in a reasonable, safe, serviceable, clean and
presentable condition. ICN has sole responsibility for the maintenance, repair, security of its equipment, personal
property, and improvements, including all changes, alterations or additions ordered by any lawfully constituted
government authority, directly related to ICN's use of the Leased Premises.
SECTION 7. GENERATOR: ICN previously installed and shall be allowed to continue operation of a liquid propane
fueled generator, 500 gallon fuel storage tank, fuel supply lines, power supply cables, transfer switch and related
equipment and facilities, (hereafter collectively identified as "the Generator") on the Leased Premises or elsewhere
on Lot 2 of Finley Home Addition No. 2 to provide emergency power for the Leased Premises:
7.1 If a replacement generator is needed, ICN agrees to provide, for City's inspection and approval, a written
plan detailing the proposed physical and technical specifications and proposed specific location of the Generator
and its components.
7.2 ICN must provide, for City's approval, a list of parties, if other than ICN's employees, including the address
and contact phone numbers, authorized to enter the Leased Premises to maintain, test or service the Generator.
7.3 The installation and operation of the Generator must be performed by properly licensed technicians and
must be in accordance with applicable sections of all federal, state and local laws, including but not limited to the
International Fire Code, National Electric Code, and National Electric Safety Code.
7.4 The Generator is installed and sized in such a manner as to supply adequate emergency power to existing
ICN circuits of the building on the Leased Premises, including those feeding ICN's and City's equipment within the
Leased Premises. ICN agrees to provide City access to commercial and emergency power as long such access
does not create any detrimental effect to the ICN equipment or service. The ICN and the City agree to coordinate
the installation and connectivity of the following power feeds:
7.4.1 Commercial power, City may install a sub panel to be fed by the ICN commercial power panel.
7.4.2 Emergency power, City may install a sub panel which will be fed by the ICN Genset.
7.5 Located outside the building, the Generator shall be equipped with suitable sound -dampening accessories
made available or approved by the generator manufacturer, such as exhaust muffler, insulation -lined cabinet or
enclosure, or a substitute approved by City, to reduce the level of sound reaching nearby private residences or
patient rooms of the Finley Hospital.
7.6 Any future changes to the Generator size, location or configuration during the lease must be approved by
City.
7.7 In the event ICN abandons or ceases to use the generator, ICN must, at the sole discretion of City, either:
7.7.1 Safely disconnect and remove the Generator and restore the Leased Premises to its condition prior
to the installation; or
7.7.2 Transfer full ownership and control of the Generator to City, in exchange for which City will release
ICN from all further obligations related to ownership or operation of the Generator.
13
SECTION 8. DEFAULT, NOTICE OF DEFAULT:
8 .1 Events of Default. Each of the following constitute an event of default by ICN: (1) failure to pay rent when
due; (2) failure to observe or perform any duties, obligations, agreements, or conditions imposed on ICN pursuant
to the terms of this Lease; (3) abandonment of the Leased Premises by ICN by failing to engage in its usual and
customary business activities on the Leased Premises for more than fifteen (15) consecutive business days.
8.2 Notice of Default. In the event of a default, City and ICN must proceed as provided in Section 11.8 of the
Master Agreement For Shared Use Projects.
SECTION 9. TERMINATION OF LEASE: In addition to Section 10. TERMINATION of the Master Agreement For
Shared Use Projects, the following sections are applicable;
9.1 For Cause by ICN. In the event City fails to observe and perform any covenant, condition or obligation
created by this Lease, ICN must provide written notice to City requesting that the breach or noncompliance be
immediately remedied. In the event that the breach or noncompliance continues for thirty (30) days after the date
of the written notice, ICN may either immediately terminate the Lease without additional written notice, or enforce
the terms and conditions of this Lease by any legal or equitable remedies.
9.2 For Cause by City. In the event ICN fails to observe and perform any covenant, condition or obligation
created by this Lease, City must provide written notice to ICN requesting that the breach or noncompliance be
immediately remedied. In the event that the breach or noncompliance continues for thirty (30) days after the date
of the written notice, City may either immediately cancel or forfeit this Lease without additional written notice, or
enforce the terms and conditions of this Lease by any legal or equitable remedies.
9.3 Damage. In the event of damage to the Leased Premises, so that ICN is unable to conduct business on the
Leased Premises, this Lease may be terminated at the option of either party. Such termination shall be effected by
ten days' notice to the other party and the conditions if the conditions of Section 9.4 met, both parties will thereafter
stand released from all future obligations hereunder.
9.4 Upon termination of this Lease, ICN will surrender the Leased Premises to City without fraud or delay and
in good and clean condition, and repair. The Lease Premises must be in the same condition as its condition on the
date of this Lease except for ordinary wear and tear or damage without fault or liability of ICN.
14
Leased Premises for Lease Agreement between
the City of Dubuque and the Iowa
Communications and Technology Commission
(ICN)
,
STATE OF IOWA {SS: "
I)UBUQUE COUNTY .
CERTIFICATION OF PUBLICATION
I, Suzanne Pike, a Billing Clerk for Woodward
Communications, Inc., an Iowa corporation,publisher
of the Telegraph Herald, a newspaper of general
circulation published in the City of Dubuque, County
of Dubuque and State of Iowa; hereby certify that the
attached notice was published in said newspaper on the
following dates:
March 22, 2019,
and for which the charge is $216.47
Subscribed to before me, a Notary Public in and for
Dubuque County, Iowa,
this o��t,� day of �a�s� , 20�.
Notary P ic in and for Dubuque nty, Iowa.
H`<,�`���� M,�14�1Y I<WESTEFi�IEYFf�
r,:_�� C��nl�n{ss�on�lurnber 154885
~ ,�,��
�'✓ My t;��rnmission Exp.Feb.1,'L020
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� �� OFFICIAL��NO'TICE � � ��� �
PUBLIC'NOTICE is (�ereby giv@n;that the City Council of the City of �described as follows: �'���`E���� '_�� ; ,��� �3� t �,�• ����a �F��� � ��
I Diibuque,Y:lov�a;wjll hold a"pUblic�h�ea�irjg orj the ist•c�ay o��Qpril 2Q�1:'9 at �:,'T at�"���� �- ��' � � ' �� ���'�`'� ���'� �
r.:s ,_. .:e � ':.
� 6�00 p�in,ip t�e�is#oric Fecieral Building 350'West46th S�r ' �'+=�� � �� h, ,part o���Lot2 of Finley�Nome Addition No.2��in the�Gity of.:Duby ue' '�
� ti a r •�. � . ,F..; ,; y ,,� ee�seconc�f(oo�' ��DubUque�CoUnty,��loWa shqwn;on Exhibit�A,�on wFiich�is�loeaYed �� �
bubuqU���IoWa,at v�,nc�h meet�ng the City,.Council$pYoposes'to;clispose of an .>:�t:�ivoode�� � �' ' a 20 f.t�;x 20 �;
� n fram�:construcfion building(locally knovi�ri as1515�:VU 3rd St�eet}:=j
� interest in�tlie follo�iving described r`eal property by LeassSu leme ts fo the "
ea�. ��x -.I
� `�� - 1 � pR,.. � . (fhe Leased,Premises);,and '
lowa Corr�municatio�3s�and Technology Commission al<a ICN " ' ` `" ` � ���.y + _� �.,. '
�`Whereas,City and the 1CN intend to enter:int�a Master'Lease Ag�eemeht
That parf.:of Lot 2';of Finley Home Ac�di�Jon No 2 ih the„�City,of Dubuque,-. �dated March 11,�2019, the Yee'' �` �'�-' " fl ^�s"" H - ;:i �,
DUbuque Coun�y lowa,shown on Exh�bitA,on Which istlocatecf a'20 ft:x'20 � :�../4g ment) ,�Wh�c�h'��Y�t"i�ssh�e I�(V�the right#o �
,�;,, lease cerfain City property:for�the�pu�pose�and sGbject to''tlie'c'onditions s'" �
�' �t:wooc�en:frame eonstruction building(locally.,`<I�nown:as1515 W 3rd S#reet) fo,rk��in,tfie Agreement and; :=� •`�" • � L ��'t'' x�•�;�� et ;
k A�the m�eeting, tlie City Council will receive oral ancl:`writteh.comments J�`�heYeas'the IC ' ��� `�R�,�` �� '
j �rom any resident or;prope�ty owner of saic�City to the:above action. Writteh F emises and N desires to lease certain spaces or��and with)n tfie Leas=c�:
coCnrnents.;regarding the abo�e ublje hearm ' ` � f` � �'` � � �'' '
, p. g;riiay be submitted'to the City �1Nhereas;,City��pd ICN have tentatively'ag,'r,eed to.�he`Lease;attacFi'ed here= i
Clerk`s Office, City Hall,50,1N '�3th Street on,or before�,said t�me of public zzto,and �F � � ; z, :y
hea�i�g , � �,,;';,� �f Y ;, � ,�; r.�, r' „V1/he�'eas;,tfie��it` Council el e�.e� it �
� s s �a � � ,
�Co�ies of;su'ppo�tingaocuments for.�th,e p�blic hearlj�gs are,on f�leiin�the D' j- ��� ,<:�b��;�, is m'fh�best�nte,�est�of the City'of
,� y �3,. �,
�„ ,�, f :ubuque to ap�rove�h�ease.,, , ,. :�
Cify Clerkts=0ffice,and may tie�iewe.d d�ring'norrrial wor►ang hours , � NOW THEREFORE-BE IT RESOLUED ';
f ! ` �x < � ,... BY:THE CITY COUNCIL4CSF.TI�E. ;
Any visual or j�e�ring�impaired pePsons need�ing special assistance o'r per CITYJOF QUB�UQUE,IOWA
� sons with�special accessibility needs should co"ntact the C1ty Gle�k's OfFi'cg at 'Sectio"-1`. . �'� r } f�
, � ,,,:_ n, ti TheiCity of'D`u�buque'intends fo dispose o�its;in�erest in the�
k (563)589 4i00 or 1TfY 563)690 6678 at least 48 hours:pPior to the meeting Leased Premises by Lease between'�Oity�and ICN•'and ° _�'�:' f .. ,,,���
k Dated tl�is;22nd day,of�,Mareh 2019.�� , „ , - Sectio�2 `fhe`Cify Clerk yis h �reby,authonzed�pd`di ected;to ca se: s��
�}Kevin S F�fnst�afSi,CMCk� Resolutiohf and,a*r�otice to�be pUbl s,�ed as�'rescrj�e�`�b��lou'[�"$ `���'�h�'��`
` `{ �, p;: �Y a,Code,36��7...
�1t 3%22 � � +, ' � '� ' 'i ' City'Clerk� � of�a'public;hea"ring on the`City,'s`intent�o dispose ofits�nteres�=iYi the,L'e�aSed:�
' ' ` � '` `'-�' �} ' =Premises,by LeaseiSupplements,tobe held on the 1st day of Qpril 2b1,9,,at; :
Y�` " RE$OLUTION NO.99 19 ,=t ` 6:00 o clock
`-�NTENT TO DISPQSE OF.qN.INTEREST IN;REAL PROPERTY OWNED` "'64;h Street Dpb ut t�e Historic Federal Building Couricil Chambers 350 W,;
BY_TH� CI7"� O� DUBUQUE.BY'LEqSES`BETWEEN THE C�ITY �OF I?asse ' ,q �,lowa, �, ;':3 r y,.,;"�i.,'t.;°3, t •; ',� "�r�`,��,� ,.;
� ,�,, _,,,��h� ��i d approved;,and adopted this�l8th tlay��of IV�arch 201���:�`�� 6�� .t� ���
DUBUQUE,,�iOWA AND THE:IOWA COMMUNICATIONS AND TECHNOL �4 .Roy D Bupl;Mayor� �,,,i u� _ f � , '
OOGY COMMISSION(ICN)� � �:�d� s� � : �t I, & `' 1. z _ �� ,., � �,.� ;� •
�Whe�eas,.the�Ci#y„of DUbi�que;�owa(Cit�)is the owner ofrthe�real property� � , '� Attest{�eCvinwS Firr�stahl, ;
ti� ' )��� '` , �� ��£'�: y ,
�i 3 �°��P fviC Cit
� � ��"� ' � � , ; EXHIBIT A ME LEA$ED PREMISES� ,�, Y Glerk
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