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CS Technologies - Amendment #3 to Master Co-Location and Shared Services Agreement 5 20 19 Copyrighted May 20, 2019 City of Dubuque Consent Items # 16. ITEM TITLE: Proposed Amendment to Master Co-location and Shared Services Agreement between the City of Dubuque and CS Technologies SUMMARY: City Manager recommending approval of the Third Amendment to an existing MasterAgreement and Project Statement in place between the City of Dubuque and CS Technologies SUGGESTED DISPOSITION: Suggested Disposition: Receiveand File;Approve ATTACHMENTS: Description Type CS Technologies Amendment to Master Co-Location City Manager Memo and Shared Services Agreement-MVM Memo Proposed Amendment to Master Co-location and Shared Services Agreement between the City of Staff Memo Dubuque and CS Technologies Memo to the City Manager Third Amendment to Master Co-location and Shared Services Agreement between CS Technologies and Supporting Documentation City of Dubuque ExhibitACSTechProjectStatement3 SupportingDocumentation THE CTTY OF Dubuque � D L„J L E AIFA�eriwGh ;�j� ��► Masterpiece on the Mississippi Z°°' Z°'Z 2013 2017 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Proposed Amendment to Master Co-Location and Shared Services Agreement between the City of Dubuque and CS Technologies DATE: May 14, 2019 CS Technologies would like to undertake a project that would provide broadband capacity and support to the Dubuque Community School District. The project would involve the construction and sharing of certain conduit assets, thus lowering costs and preserving right-of-way in a congested area of the City. This work will provide connectivity for a second internet connection for Dubuque Community Schools. The market value provided to CS Technologies by the City of Dubuque for this Project Statement is $3,000. The market value provided to the City of Dubuque by CS Technologies for this Project Statement is $4,000. There is no negative budgetary impact to the approval of the amendment and approving the amendment will reduce City costs for maintaining and expanding its broadband capacity for City and residents' needs and generate $3,000 in license payments. Information Services Manager Chris Kohlmann, Civil Engineer II Dave Ness and Sustainable Innovation Consultant David Lyons recommend City Council approval of the Third Amendment to an existing Master Agreement and Project Statement in place between the City of Dubuque and CS Technologies I concur with the recommendation and respectfully request Mayor and City Council approval. �.I:/V'vr�"\ �Gtn.r //��v� Mic ael C. Van Milligen �� MCVM:jh Attachment cc: Stan Rheingans, Superintendent, Dubuque Community School District 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 � DT T� � All-AmericaCitv U Masterpiece on the Mississippi 1 I I I Ial �oo�.,a,z.zo,3.�o,� 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 amendment to Master Co-location and Shared Services Agreement between the City of Dubuque and CS Technologies DATE: May 13, 2019 INTRODUCTION The purpose of this memo is to request approval of the Third Amendment to an existing Master Agreement and Project Statement in place between the City of Dubuque and CS Technologies BACKGROUND Early 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 Agreements", where an overall legal, structural and financial relationship is established between the City and broadband providers and approved by City Council. Project Statements carried out pursuant to that Master Agreement can then be quickly considered and approved. In July 2016 the City of Dubuque and CS Technologies entered into a Master Co- location and Shared Services Agreement (attached) to accelerate the deployment of new broadband capacity in Dubuque. It has since entered into amendments to expand that Agreement. Both the initial collaboration and the subsequent amendments have gone well and all anticipated value to the City is being received. DISCUSSION CS Technologies would like to undertake a project that would provide broadband capacity and support to the Dubuque Community School District. The project would involve the construction and sharing of certain conduit assets, as shown on Exhibit A thus lowering costs and preserving right-of-way in a congested area of the City. This work will provide connectivity for a second internet connection for Dubuque Community Schools. The market value provided to CS Technologies by City for this Project Statement is $3,000. The market value provided to City of Dubuque by CS Technologies for this Project Statement is $4,000. There are no additional charges or payment terms required for the implementation of this Project Statement. BUDGETIMPACT There is no negative budgetary impact to the approval of the proposed amendment. Approving this proposed amendment will reduce City costs for maintaining and expanding its broadband capacity for City and residents' needs and generate $3,000 in license payments. RECOMMENDATION AND ACTION REQUESTED This Third Amendment supports Dubuque's Broadband Acceleration Initiative, reduces the cost to City of providing a state-of-the-art fiber optic infrastructure, assists the school district in improving its broadband capacity and preserves limited right-of-way in the downtown area. We would respectfully request your approval and recommendation to City Council. c.c. Crenna Brumwell, City Attorney Barry Lindahl, Senior Counsel Steve Brown, Project Manager Engineering Anita Gonyier, Confidential Account Clerk Engineering 2 Third Amendment to Master Co -location and Shared Services Agreement between CS Technologies and City of Dubuque Pursuant to the Master Co -locations and Shared Services Agreement between City of Dubuque and CS Technologies, dated July 28, 2016 and attached hereto, the Parties hereby agree to the following PROJECT STATEMENT: Narrative description of co -location and service sharing: - City will license CS Technologies access to and use of certain presently unused conduit, further defined in Exhibit A attached hereto, for purposes of providing broadband communication services and support to the Dubuque Community School District. - CS technologies is responsible for obtaining all permits required from Federal, State or Local government including but not limited to Department of Transportation, Corps of Engineers, Dept. of Natural Resources and Railroads, for work on the conduit. - City shall have the right of prior review and approval of any repairs, restoration, relocations, improvements, enhancements and maintenance of the conduit and fiber contained therein proposed by CS Technologies. - Any additional conduit and fiber capacity available or added, other than that which is specifically designated for CS Technologies, shall be considered City assets and its future use controlled by the City. - During the term of this Project Statement CS Technologies will have the responsibility to manage and maintain the conduit and fiber therein, including but not limited to the following: • CS Technologies shall provide physical assets and management services to City of Dubuque for its needs as it relates to this conduit and as further defined in Exhibit A attached hereto. • If CS Technologies incurs costs associated with future fiber repairs, fiber restoration or fiber re -location City will reimburse CS Technologies for a percent of such costs on a pro - rata basis based on the proportionate amount of conduit capacity being used by City. • Each party will notify the other if it detects any problems that may interrupt service. CS Technologies contact is Rick Billups, 563-556-0499; rick@cstech.com. City contact is Dave Ness, 563-589-1722; dness@cityofdubuque.org Co -location or service site: The co -location and/or service site for this PROJECT STATEMENT is generally described as follows: -Shared service activity, repair, restoration, relocations, improvements and enhancements of such facilities starting at E. 11th St. and Jackson St and running to E. 12th St. and White St. Scope of shared service to be provided by City to CS Technologies: - Access to and non-exclusive use of approximately 600' linear feet of cable, conduit, manholes, handholds, markers, easements and right-of-way starting at E. 11th R. and Jackson St and running to E. 12th St. and White St. Scope of shared service to be provided by CS Technologies to CITY: - CS Technologies will provide one micro -duct within the City conduit for City use from E. 11th St. and Jackson St and to E. 12th St. and White St., including manhole setup and microcaps. - CS Technologies will provide a license payment of Three Thousand Dollars ($3,000) calculated at five dollars ($5) per linear foot. Charges and Payment Terms: As estimated the total costs to City in implementing services to CS Technologies and fulfilling its responsibilities under this Project Statement is $3,000. This consists of the following: - Duct license: From E. 11th St. and Jackson St and running to E. 12th St. and White St. ($3,000) As estimated the total costs to CS Technologies in implementing services to Dubuque and fulfilling its responsibilities under this Project Statement is $4,000. This consists of the following: - License costs: From E. 11th St. and Jackson St to E. 12th St. and White St. ($3,000) - Construction costs: Micro -duct from E. 11th St. and Jackson St to E. 12th St. and White St. ($1,000) The market value provided to CS Technologies by City for this Project Statement is $3,000. The market value provided to City by CS Technologies for this Project Statement is $4,000. There are no additional charges or payment terms required for the implementation of this Project Statement. Term of Project: Estimated Start Date: as soon as approved by City 20 years from the estimated start date with extensions by mutual agreement of the Parties. Project Statement accepted: Dated: CITY OF DUBUQUE IOWA CS TECHNOLOGIES By: By: Donn Wilmott, GM and CEO Michael C. Van Milligen, Dubuque City Manager *Listed subcontractors must have on file a Certificate of Insurance meeting the City of Dubuque's current insurance requirements. Preconstruction meetings may be required depending upon project scope. Permits will be issued to the contractor for the work in public right of way at the start of any project statement work. As-builts must be supplied to the City in a format acceptable to the City for inclusion in the City's GIS program. 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