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Proposed Agreement to Extend the Institutional Network of Fiber Agreement with I-Net, MCC Copyrighted May 20, 2019 City of Dubuque Consent Items # 17. ITEM TITLE: ProposedAgreementto Extend the Institutional Networkof Fiber(I-Net)Agreement between City of Dubuque and MCC lowa (Mediacom) SUMMARY: City Manager recommending approval to extend a"dark" fiber Optic Cable Use agreement between the City of Dubuque and Mediacom through June 30, 2022. SUGGESTED DISPOSITION: Suggested Disposition: Receiveand File;Approve ATTACHMENTS: Description Type I-NetAgreement Extension-MVM Memo City Manager Memo Proposed Agreement to Extend the I nstitutional Network of Fiber (I-Net)Agreement between City of Dubuque Staff Memo and MCC lowa (Mediacom) Memo to the City Manager Agreement Between the City of Dubuque and MCC Supporting Documentation lowa, LLC, for the Operation of the I-Net Insurance Schedule F Supporting Documentation ExhibitA I-Net Sites Supporting Documentation Mediacom I-NetAppendix B Support Supporting Documentation THE CITY OF Dubuque � AIFA�erlwGh UB E '�� III► Masterpiece on the Mississippi Z°°'�w'2 7A13 2017 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Proposed Agreement to Extend the Institutional Network of Fiber (I-Net) Agreement between the City of Dubuque and MCC lowa (Mediacom) DATE: May 14, 2019 In 2005, the City provided Mediacom with a franchise agreement to operate a cable system within the City. As part of that agreement, Mediacom agreed to provide an Institutional Network of fiber (known as the I-Net) to provide the City and certain other authorized users with access to use "dark" (cable only with no services) fiber optic cable. In 2008, Mediacom was granted a state certificate which allowed Mediacom to terminate its City franchise but required Mediacom to continue operation and support of the I-Net through June 30, 2020. The City has been making great progress in installing fiber to meet its own expanding needs and to be prepared for the termination of the I-Net. Most City needs can now be met by means other than the I-Net. In the fall of 2018, the City team met to determine its readiness for a June 30, 2020 I-Net termination. It was the consensus that to avoid the risk of disruption to the City, and particularly to certain non-city users City had gained I-Net authorization for (such as public and private schools), it would be optimal if the existing I-Net agreement could be extended until at least 2022. That would assure enough time for all I-Net services to be met through other means for all users. Information Services Manager Chris Kohlmann, Civil Engineer II Dave Ness and Sustainable Innovation Consultant David Lyons recommend City Council approval to extend a "dark" fiber Optic Cable use agreement between the City of Dubuque and Mediacom through June 30, 2022. I concur with the recommendation and respectfully request Mayor and City Council approval. �� �� ��� Mic ael C. Van Milligen �� � MCVM:jh 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 2 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 Agreement to Extend the Institutional Network of Fiber (I-Net) Agreement between City of Dubuque and MCC lowa (Mediacom) DATE: May 13, 2019 INTRODUCTION The purpose of this memo is to request approval to extend a "dark" fiber optic cable use agreement between the City and Mediacom through June 30, 2022. BACKGROUND AND DISCUSSION In 2005 the City provided Mediacom with a franchise agreement to operate a cable system within the City. As part of that agreement, Mediacom agreed to provide an Institutional Network of fiber (known as the I-Net) to provide the City and certain other authorized users with access to use "dark" (cable only with no services) fiber optic cable. In 2008, Mediacom was granted a state certificate which allowed Mediacom to terminate its City franchise but required Mediacom to continue operation and support of the I-Net through June 30, 2020. The City has been making great progress in installing fiber to meet its own expanding needs and to be prepared for the termination of the I-Net. Most City needs can now be met by means other than the I-Net. In the fall of 2018, the City team met to determine its readiness for a June 30, 2020 I-Net termination. It was our consensus that to avoid the risk of disruption to the City, and particularly to certain non-city users City had gained I-Net authorization for (such as public and private schools), it would be optimal if the existing I-Net agreement could be extended until at least 2022. That would assure enough time for all I-Net services to be met through other means for all users. City staff contacted Mediacom to inquire into the annual costs for extending the I-Net lease past June 2020. Mediacom provided a quote of$30,000 per year. In analysis of its options for financing the extension, City staff determined that an existing lease between City and Mediacom for space at 3�d St. and College St. location had expired. The financial terms of that previous lease, seventy-five dollars per year, were deemed to be substantially below present market value for telecommunications buildings. Staff contacted Mediacom to discuss renewal of that expired lease, an increase of that lease to $30,000 a year and a willingness to off-set such lease costs from Mediacom's costs of extending the operations and support of the I-Net. Mediacom has agreed and proposed the attached I-Net extension agreement. This agreement provides that the annual costs of extension are $30,000 per year and allows Mediacom to off-set that amount from its annual lease costs for its facility on City property at 1525 3�d Street. It also extends operation of the I-Net through June 30, 2022 and allows for three one-year extensions by mutual agreement of the Parties. Sites covered by the extension appear in Appendix A. Service Level Agreements for support appear in Appendix B. BUDGETIMPACT The City will forgo collection of a newly increased lease payment of$30,000 for two fiscal years. However, City and its authorized users will receive an estimated $30,000 in I-Net services per year. Additionally, staff has determined that to replace I-Net services with its own fiber or through services of other carriers by June 30, 2020 would likely cost over $100,000. The overall budgetary impact of this extension agreement is very positive. RECOMMENDATION AND ACTION REQUESTED We would respectfully request your approval and recommendation of this Extension Agreement 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 AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND MCC IOWA, LLC, A DELAWARE LIMITED LIABILITY COMPANY FOR THE OPERATION OF THE 1-NET This Agreement, dated for reference purposes the day of �%___ 2019, is made and entered into by and between the City of Dubuque, Iowa,. ity) and MCC Iowa, LLC (Mediacom). WHEREAS, in 2005, City granted to Mediacom a franchise to operate a cable system in the City of Dubuque pursuant to the Cable Television Franchise Agreement (the Franchise); and WHEREAS, Mediacom, pursuant to the Franchise, agreed to provide an Institutional Network of fiber (the I -Net) to City and certain authorized users in Dubuque; and WHEREAS, in 2008, Mediacom was granted a state certificate to operate its cable system; and WHEREAS, pursuant to law, the Franchise terminated in 2009 when the state certificate was granted but Mediacom was required to continue providing the I -Net until June 30, 2020; and WHEREAS, City and Mediacom wish to continue the operation of the I -Net beyond June 30, 2020 on the terms and conditions set forth in the Franchise; NOW THEREFORE, IT IS AGREED BY CITY AND MEDIACOM AS FOLLOWS: SECTION 1. AUTHORIZED USERS. Authorized Users and Authorized Sites shall be as listed on Exhibit A, attached hereto. SECTION 2. I -NET EQUIPMENT. The purchase and maintenance of all I -Net equipment necessary to activate the fiber-optic network shall be the responsibility of City and other Authorized Users. SECTION 3. PROPERTY AND REPAIRS. All I -Net wiring on the City and/or Authorized User's side of the Demarcation Point and all I -Net electronics are the sole responsibility and property of the User. All costs associated with locating or repairing any failure which is reported to Mediacom but which subsequently is determined to have occurred on the City and/or Authorized User's side of the Demarcation Point shall be paid for by the City, except to the extent that Mediacom's negligence or intentional misconduct caused such failure. All costs associated with locating or repairing any failure which is 051319ba1 determined to have occurred on Mediacom's side of the Demarcation Point shall be the responsibility of Mediacom except to the extent that the Authorized User's or City's negligence or intentional misconduct caused such failure. SECTION 4. MAINTENANCE. Mediacom's maintenance responsibilities shall be as listed in Exhibit B, attached hereto SECTION 5. RELIABILITY. Mediacom shall maintain the I -Net fiber plant at a high level of reliability and will ensure that such I -Net fiber plant does not have an unreasonable number of outages as compared with Mediacom's subscriber network. SECTION 6. ICN LINKS. Mediacom shall continue to maintain and operate all existing links to the Iowa Communications Network ("ICN"), as such links were in operation on January 1, 2005, without charge to City, any ICN user or other party, as long as Mediacom is not charged for such links by ICN. Nothing in this Agreement shall be construed to prevent City from installing additional links to the ICN, at its own expense, or from interconnecting such links with the 1 -Net as long as any such interconnection is consistent with the requirements related to use of the I -Net. SECTION 7. SECURITY. Mediacom shall not in any way compromise the physical, optical, electronic, or signal transmission security of Authorized User communications transmitted over the I -Net, except as required by law. SECTION 8. PERMITS AND AUTHORITIES. Mediacom shall be required to obtain, but shall not be required to pay for, City permits, fees and licenses required solely for the I - Net. The Grantee shall comply with all lawful requirements applicable to the Work and shall give and maintain any and all notices required by applicable law pertaining to the Work. SECTION 9. DISPOSITION OF I -NET. Upon termination of this Agreement, City shall have the option to purchase an indefeasible right of use ("IRU") of the I -Net from Mediacom at a price that is an equitable amount taking into consideration the value of the I -Net to City and other Authorized Users, but in no event less than the Net Book Value as of the date of termination. Any IRU shall be subject to the non -competition provisions set forth in Section ecL:on A SECTION 10. INDEMNIFICATION. Each Party shall indemnify, defend and hold the other harmless from and against any and all damages suffered by the other including but not limited to damages to the other's or third party equipment or facilities as well as claims and liabilities asserted against the other by third parties arising out of: (a) the actions of the Party, its employees and agents at the other's sites subject to this Agreement or any Project Statement or (b) the failure of the Party to perform in accordance with the terms and conditions of this Agreement or any Project Statement. The Party shall indemnify, defend and hold harmless from and against any and all damages suffered by the other and claims and liabilities asserted against the other directly arising out of the gross 2 negligence or intentional misconduct of the Party, its employees or agents at the Parties sites subject to this Agreement or any Project Statement. Notwithstanding the foregoing, neither Party shall be liable to the other for indirect, special or consequential damages. SECTION 11. TERM. The term of this Agreement shall begin July 1, 2019 and continue through June 30, 2022, with one three (3) year extension at the mutual written agreement of the parties. SECTION 12. NOTICES. the following contact information is to be used for formal notices and any other times an exchange of correspondence or billing information is required between Mediacom and City. MEDIACOM Donovan Demay Senior Director for Field Operations Mediacom Communications Corporation ddemay©mediacomcc.com CITY Craig Nowack, Cable Television Coordinator City Hall Annex 1300 Main Street Dubuque, Iowa, 52001 Phone: 563.589.4181 Hours: Monday — Friday 8:00 a.m. - 5:00 p.m Each Party agrees to notify the other Party in the event of changes in the above information. SECTION 13. ASSIGNMENT. This Agreement shall be binding upon and shall inure benefit the to benefit of the assignees, transferees or successors of the Parties, provided that u�i. neither Party shall assign, transfer or sublet any of its rights or obligations hereunder without prior written consent of the other Party which consent shall not be unreasonably withheld. Assignment between a Party and a majority owned parent, affiliate, or subsidiary shall not require the consent of the other Party. SECTION 14. LIABILITY INSURANCE. Mediacom shall at all times during the term of this Agreement and any subsequent terms thereof, provide insurance as described in the attached Insurance Schedule F such schedules may from time to time be amended. SECTION 15. NON -COMPETITION. Neither the City nor any Authorized User shall permit any person, organization, entity, corporation or company to utilize any portion of 3 the I -Net to commercially compete with the Internet, video, phone or other communications services offered or sold by Mediacom. SECTION 16. RENTAL PAYMENTS. The City agrees to pay Mediacom $30,000 annually for use of the I -Net. The Parties agree that said rental payment will be used to offset the $30,000 rental payment Mediacom owes the City for lease of City owned real property located at 1525 3rd Street Dubuque, Iowa. SECTION 17. FORCE MAJEURE. Mediacom shall be liable for any delay in performance or inability to perform caused by a Force Majeure Event (as hereinafter defined). As used herein, "Force Majeure Event" shall mean any act or omission of any governmental authority, fires, strikes, lockouts, labor disputes, terrorism, sabotage, acts or omissions of the other Party (irrespective of whether excused), acts of a third party, and any other act of God, event or occurrence, irrespective of whether similar to the foregoing, that is beyond the reasonable control of the Party claiming the Force Majeure Event that affects its ability to perform. A Force Majeure Event shall be deemed to be terminated when its effects on future performance have been substantially eliminated. A Party claiming a Force Majeure Event shall provide the other Party prompt notice of the initiation of the Force Majeure Event and of the termination of such event., Notwithstanding the foregoing provisions, settlement of a strike, lockout, or other labor dispute shall be deemed beyond the control of the Party claiming excuse thereby regardless of the cause of, or the ability of such Party to settle such dispute. SECTION 18. MISCELLANEOUS. 18.1- The paragraph headings used herein are for convenience only and shall not be construed in interpreting this Agreement. 18.2 Each paragraph and provision of this Agreement is severable from the entire Agreement, and if one provision shall be declared invalid, the other provisions shall remain in full force and effect without regard to the invalidity of said provision. 18.3 The failure of either Party to enforce any of the provisions of this Agreement or the waiver thereof in any instance shall not be construed as a general waiver or relinquishment on its part of any such provisions, but the same shall, nevertheless, be and remain in full force and effect. 18.4 The terms of this Agreement constitute the entire Agreement between the Parties and no previous communications, representations or agreements, either oral or written, between the Parties with respect to the subject matter hereof shall vary the terms of this Agreement. This Agreement is subject to modification if mutually agreed by the Parties in writing. 18.5 Any notice or request required or desired to be given or made hereunder shall be in writing and shall be effective if delivered in person or sent by certified mail, return receipt requested, and received by the recipient Party at the address previously indicated 4 or such other address as shall hereafter be furnished by a Party in writing, from time to time, to the other Party. 18.6 This Agreement and performance thereunder shall be governed by the laws of the State of Iowa. Signed and in effect by the Parties on the date last written below. CITY OF DU =.UQUE, IOWA MCC IOWA, LLC By Roy D. ol, Mayor Attest: Kevin 4 Firnstahl City Clerk 5 By City of Dubuque Insurance Requirements for General, Artisan or Trade Contractors, Subcontractors or Sub-Subcontractors INSURANCE SCHEDULE F Class A: Asbestos Removal Fiber Optics Sanitary Sewers Asphalt Paving Fire Protection Sheet Metal Concrete Fireproofing Site Utilities Construction Managers General Contractors Shoring Cranes HVAC Special construction Culverts Mechanical Steel Decking Paving &Surfacing Storm sewers Demolition Piles &Caissons Structural Steel Deconstruction Plumbing Trails Earthwork Retaining Walls Tunneling Electrical Reinforcement Water main Elevators Roofing Class B: Chemical Spraying Landscaping Rough Carpentry Doors, Window & Masonry Stump Grinding Glazing Vehicular Snow Removal Tank Coating Drywall Systems Painting &Wall Covering Tree Removal Fertilizer Application Pest Control Tree Trimming Geotech Boring Scaffolding Tuckpointing Insulation Sidewalks Waterproofing Finish Carpentry Plastering Well Drilling Class C: Carpet Cleaning General Cleaning Power Washing Carpet & Resilient Grass Cutting Tile &Terrazzo Flooring Flooring Janitorial Window Washing Caulking & Sealants Non Vehicular Snow & Acoustical Ceiling Ice Removal Filter Cleaning Office Furnishings Page 1 of 6 Schedule F, General, Artisan or Trade Contradors, Subcontractors or Sub Subcontractors May 2019 City of Dubuque Insurance Requirements for General, Artisan or Trade Contractors, Subcontractors or Sub Subcontractors INSURANCE SCHEDULE F (continued) 1. Contractor shall furnish a signed certificate of insurance to the department responsible for the contract for the coverage required in Exhibit I prior to commencing work and at the end of the project if the term of work is longer than 60 days. Contractors presenting annual certificates shall present a certificate at the end of each project with the final billing. Each certificate shall be prepared on the most current ACORD form approved by the lowa Department of Insurance or an equivalent approved by the Director of Finance and Budget or Designee. The certificate must clearly indicate the project number, project name, or project description for which it is being provided Eg: Project# Project name: or Project Location at or construction of 2. All policies of insurance required hereunder shall be with an insurer authorized to do business in lowa and all insurers shall have a rating of A or better in the current A.M. BesYs Rating Guide. 3. Each Certificate required shall be furnished to the Department of the City of Dubuque. 4. Failure to provide the coverages described in this Insurance Schedule shall not be deemed a waiver of these requirements by the City of Dubuque. Failure to obtain or maintain the required insurance shall be considered a material breach of this contract. 5. Contractor shall require all subcontractors and sub-subcontractors to obtain and maintain during the performance of work insurance for the coverages described in this Insurance Schedule and shall obtain certificates of insurance from all such subcontractors and sub-subcontractors. Contractor agrees that it shall be liable for the failure of a subcontractor and sub-subcontractor to obtain and maintain such coverage. The City may request a copy of such certificates from the Contractor. 6. All required endorsements to various policies shall be attached to the certificate of insurance. 7. Whenever an ISO form is referenced the current edition must be provided. 8. Contractor shall be required to carry the minimum coverage/limit, or greater if required by law or other legal agreement, in Exhibit I - Insurance Schedule F. If the contractor's limits of liability are higher than the required minimum limit then the contractor's limits shall be this agreemenYs required limits. 9. Contractor shall be responsible for deductibles and self-insured retention. Page 2 of 6 Schedule F, General, Artisan or Trade Contradors, Subcontractors or Sub Subcontractors May 2019 City of Dubuque Insurance Requirements for General, Artisan or Trade Contractors, Subcontractors or Sub Subcontractors INSURANCE SCHEDULE F (continued) EXHIBIT I A) COMMERCIAL GENERAL LIABILITY General Aggregate Limit $2,000,000 Products-Completed Operations Aggregate Limit $2,000,000 Personal and Advertising Injury Limit $1,000,000 Each Occurrence $1,000,000 Fire Damage Limit (any one occurrence) $50,000 Medical Payments $5,000 1) Coverage shall be written on an occurrence, not claims made, form. The general liability coverage shall be written in accord with ISO form CG 00 01 or business owners form BP 00 02. All deviations from the standard ISO commercial general liability form CG 00 01 or business owners form BP 00 02 shall be clearly identified. 2) Include ISO endorsement form CG 25 04"Designated Location(s) General Aggregate LimiY' or CG 25 03 "Designated Construction Project(s) General Aggregate LimiY' as appropriate. 3) Include endorsement indicating that coverage is primary and non-contributory. 4) Include Preservation of Governmental Immunities Endorsement. (Sample attached). 5) Include additional insured endorsement for: The City of Dubuque, including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions and/or authorities and their board members, employees and volunteers. Use ISO form CG 20 10 (Ongoing operations). 6) The additional insured endorsement shall include completed operations under ISO form CG 20 37 during the project term and for a period of two years after the completion of the project. 7) Policy shall include Waiver of Right to Recover from Others endorsement. B) WORKERS' COMPENSATION & EMPLOYERS LIABILITY Statutory Benefits covering all employees injured on the job by accident or disease as prescribed by lowa Code Chapter 85. Coverage A Statutory—State of lowa Coverage B Employers Liability Each Accident $100,000 Each Employee-Disease $100,000 Policy Limit-Disease $500,000 Policy shall include Waiver of Right to Recover from Others endorsement. Coverage B limits shall be greater if required by the umbrella/excess insurer. OR Nonelection of Workers' Compensation or Employers' Liability Coverage under lowa Code sec. 87.22. Completed form must be attached. Page 3 of 6 Schedule F, General, Artisan or Trade Contradors, Subcontractors or Sub Subcontractors May 2019 City of Dubuque Insurance Requirements for General, Artisan or Trade Contractors, Subcontractors or Sub Subcontractors INSURANCE SCHEDULE F (continued) C) AUTOMOBILE LIABILITY Combined Single Limit $1,000,000 D) UMBRELLA/EXCESS LIABILITY Umbrella liability coverage must be at least following form with the underlying policies included herein. All Class A contractors with contract values in excess of$10,000,000 must have umbrella/excess liability coverage of$10,000,000. All Class A and Class B contractors with contract values between $500,000 and $10,000,000 must have umbrella/excess liability coverage of$3,000,000. All Class A and B contractors with contract values less than $500,000 must have umbrella/excess liability coverage of$1,000,000. All Class C contractors are not required to have umbrella/excess liability coverage. All contractors performing earth work must have a minimum of$3,000,000 umbrella regardless of the contract value. E) POLLUTION LIABILITY Coverage required: _yes _ no Pollution liability coverage shall be required if project involves any pollution exposure for hazardous or contaminated materials including, but not limited to, the removal of lead, asbestos, or PCB's. Pollution product and complete operations coverage shall also be covered. Each Occurrence $2,000,000 Policy Aggregate $4,000,000 1) Policy to include job site and transportation coverage. 2) Include additional insured for: The City of Dubuque, including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions and/or authorities and their board members, employees and volunteers. Use ISO form CG 20 10. (Ongoing operations) as stated in A(5) above or its equivalent and CG 20 37 (completed operations) or its equivalent. 3) Include Preservation of Governmental Immunities Endorsement. 4) Provide evidence of coverage for 5 years after completion of project. Page 4 of 6 Schedule F, General, Artisan or Trade Contradors, Subcontractors or Sub Subcontractors May 2019 City of Dubuque Insurance Requirements for General, Artisan or Trade Contractors, Subcontractors or Sub Subcontractors INSURANCE SCHEDULE F (continued) F) RAILROAD PROTECTIVE LIABILITY Coverage required: _yes _ no Any contract for construction or demolition work on or within fifty feet (50') from the edge of the tracks of a railroad or effecting any railroad bridge or trestle, tracks, roadbeds, tunnel, underpass, or crossing for which an easement or license or indemnification of the railroad is required, shall require evidence of the following additional coverages. Railroad Protective Liability: $ each occurrence (per limits required by Railroad) $ policy aggregate (per limits required by Railroad) OR An endorsement to the Commercial General Liability policy equal to ISO CG 24 17 (Contractual Liability-Railroads). A copy of this endorsement shall be attached to the certificate of insurance. Page 5 of 6 Schedule F, General, Artisan or Trade Contradors, Subcontractors or Sub Subcontractors May 2019 City of Dubuque Insurance Requirements for General, Artisan or Trade Contractors, Subcontractors or Sub Subcontractors PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT 1. Nonwaiver of Governmental Immunitv. The insurer expressly agrees and states that the purchase of this policy and the including of the City of Dubuque, lowa as an Additional Insured does not waive any of the defenses of governmental immunity available to the City of Dubuque, lowa under Code of lowa Section 670.4 as it is now exists and as it may be amended from time to time. 2. Claims Coveraqe. The insurer further agrees that this policy of insurance shall cover only those claims not subject to the defense of governmental immunity under the Code of lowa Section 670.4 as it now exists and as it may be amended from time to time. Those claims not subject to Code of lowa Section 670.4 shall be covered by the terms and conditions of this insurance policy. 3. Assertion of Government Immunitv. The City of Dubuque, lowa shall be responsible for asserting any defense of governmental immunity, and may do so at any time and shall do so upon the timely written request of the insurer. 4. Non-Denial of Coveraqe. The insurer shall not deny coverage under this policy and the insurer shall not deny any of the rights and benefits accruing to the City of Dubuque, lowa under this policy for reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of the defense(s) of governmental immunity asserted by the City of Dubuque, lowa. No Other Chanqe in Policv. The above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. SPECIMEN (DEPARTMENT MANAGER: FILL IN ALL BLANKS AND CHECK BOXES) Page 6 of 6 Schedule F, General, Artisan or Trade Contradors, Subcontractors or Sub Subcontractors May 2019 Site Use Type Five Flags Civic Center, 405 Main Street Archdiocesan Center, 1229 Mt. Loretta Loras College, 1450 Alta Vista Street RESTRICTED Clarke College, 1550 Clarke Drive RESTRICTED University of Dubuque, 2000 University Avenue RESTRICTED University of Dubuque Flight School NICC Downtown Learning Center, 680-700 Main Street Wartburg Theological Seminary, 333 Wartburg Place RESTRICTED U of D Theological Seminary, 2000 University Ave. (co-located with RESTRICTED UD) Emmaus Bible College, 2570 Asbury Road RESTRICTED Carnegie-Stout Public Library, 360 W. 11th Street City Hall Annex, 1300 Main Street DBQ County Courthouse, 720 Central Avenue Keystone Education Agency, 2310 Chaney Road City Hall, 50 West 13th Street DBQ Regional Airport, 11000 Airport Road Grand River Center, 500 Bell Street Fire Training Facility, 14928 Public Safety Way IA Department of Corrections/Dept. Human Services (@ Nesler Center Federal Building, 350 West 6th Street (City will purchase site) National Mississippi River Museum & Aquarium, 300 E. Third Street RESTRICTED Keystone/Hillcrest Learning Center, 13066 Seippel Road Holy Ghost School , 2981 Central Ave. St. Anthony School, 2175 Rosedale St. Columbkille School 1198 Rush Street St. Joseph the Worker School, 2105 St. Joseph Street St. Joseph's Key West, 10244 Key West Drive Finley Hospital, 350 N. Grandview Ave. EMERGENCY Fire Headquarters, 11 West 9th Street Fire Engine House No.2, 2180 JFK Road Fire Engine House No.3, 3155 Central Ave. Fire Engine House No.4, 1697 University Ave. Fire Engine House No.5, 689 S. Grandview Ave. Fire Engine house No.6, 1500 Rhomberg Ave. Keyline Transit System, 2401 Central Ave. DBQ Law Enforcement Center, 770 lowa Street Eagle Point Water Plant, 1902 Hawthorne St. Municipal Services Center, 925 Kerper Court County Jail (co-located with DLEC) lowa Dept. of Human Services, 960 Main Street RESTRICTED Wahlert High School (including Mazzuchelli), 2005 Kane Street Resurrection School, 4300 Asbury Road Mercy Medical Center, 250 Mercy Drive EMERGENCY Medical Associates East, 1000 Langworthy Street EMERGENCY Medical Associates West, 1500 Associates Drive EMERGENCY Leisure Services @ Bunker Hill, 2200 Bunker Hill Road Locust St. Parking Ramp, 830 Bluff Street 151 and Grandview Ave Rockdale Rd and Maquoketa Dr Twin Valley Rd and Tower Rd JFK and Pennsylvania Grand Opera House, 135 W. 8th Street RESTRICTED The Forum (DCSD Administration Offices) 2300 Chaney Road, Dubuque, lowa 52001 DCSD Transportation Department, 1350 West Locust Street, Dubuque, lowa 52001 Alta Vista Campus,1090 Alta Vista Street, Dubuque, lowa 52001- 6197 Audubon Elementary School, 605 Lincoln Avenue, Dubuque, lowa 52001-3411 Bryant Elementary School, 1280 Rush Street, Dubuque, lowa 52003- 7597 Carver Elementary School, 2007 Radford Road, Dubuque, lowa 52002-2535 Dubuque Senior High School, 1800 Clarke Drive, Dubuque, lowa 52001-4199 Eisenhower Elementary School, 3170 Spring Valley Road, Dubuque, lowa 52001-1500 Fulton Elementary School, 2540 Central Avenue, Dubuque, lowa 52001-3303 Hoover Elementary School, 3259 St. Anne Drive, Dubuque, lowa 52001-3998 Irving Elementary School, 2520 Pennsylvania Avenue, Dubuque, lowa 52001-3036 Jefferson Middle School, 1105 Althauser Street, Dubuque, lowa 52001-2099 Kennedy Elementary School, 2135 Woodland Drive, Dubuque, lowa 52002-3826 Lincoln Elementary School, 555 Nevada Street, Dubuque, lowa 52001-6499 Marshall Elementary School, 1450 Rhomberg Avenue, Dubuque, lowa 52001-224 Prescott Elementary School, 1151 White Street, Dubuque, lowa 52001-5070 Roosevelt Middle School 2001 Radford Road, Dubuque, lowa 52002- 2535 Sageville Elementary School, 12015 Sherrill Road, Dubuque, lowa 52002-9731 Stephen Hempstead High School 3715 Pennsylvania Avenue, Dubuque, lowa 52002-3792 Table Mound Elementary School, 100 Tower Drive, Dubuque, lowa 52003-8074 Washington Middle School, 51 North Grandview Avenue, Dubuque, lowa 52001-6390 Destination FiberCount Notes City Hall Annex 6 Core/Ring 12 Core/Ring 12 Core/Ring 12 Core/Ring 12 UofD 6 Added Amendment 1 ; Updated in Mediacom Agreement with City 2018 Core/Ring 12 Core/Ring 12 UofD 6 Core/Ring 12 Core/Ring 12 Core/Ring 12 Core/Ring 12 Core/Ring 12 City Hall Annex 6 City Hall Annex 6 Mediacom Agreement with City for a portion of the run City Hall Annex 6 City Hall 12 Fiber Count increased to 12 strands amendment 1 ; Fiber Returns to City Hall Annex City Hall Annex 6 City Hall Annex 6 City Hall Annex 6 Keystone Education Agency 6 Archdiocesan Center 6 Archdiocesan Center 6 Archdiocesan Center 6 Archdiocesan Center 6 Archdiocesan Center 6 Fire HeadQuarters 6 City Hall Annex 6 Fiber Count increased to 12 strands amendment 1 City Hall Annex 12 Fiber Count increased to 12 strands amendment 1 City Hall Annex 12 Fiber Count increased to 12 strands amendment 1 City Hall Annex 12 Fiber Count increased to 12 strands amendment 1 Citv Hall Annex 12 Fiber Count increased to 12 strands amendment 1 City Hall Annex 12 Fiber Count increased to 12 strands amendment 1 City Hall Annex 6 City Hall Annex 6 City Hall Annex 6 City Hall Annex 6 City Hall Annex 6 Citv Hall Annex 6 Archdiocesan Center 6 Archdiocesan Center 6 Fire Headquarters 6 Fire Headquarters 6 Fire Headquarters 6 City Hall Annex 6 City Hall Annex 6 City Hall Annex 6 Added in Amendment 1 City Hall Annex 6 Added in Amendment 1 City Hall Annex 6 Added in Amendment 1 City Hall Annex 12 Added in Amendment 1 Citv Hall Annex 6 Core/Ring 12 The Forum "Core/Ring" has 12 strands going to Keystone, and 12 strands going to Emmaus. A fiber strand is used to connect offices at Keystone and DCSD directly. The rest of the connections are for the city 900 Mhz systems and other city uses, some simply pass through us. The Forum 6 The Forum 6 The Forum 6 The Forum 6 Roosevelt Middle School 6 Fiber connectivity is owned by DCSD. DCSD paid to have it installed with the construction of Carver ES. The Forum 6 The Forum 6 The Forum 6 The Forum 6 The Forum 6 The Forum 6 The Forum 6 The Forum 6 The Forum 6 The Forum 6 The Forum 6 Fulton Elementary School 6 Fiber connectivity is owned by Mediacom. DCSD paid to have it installed but it became part of the same rules govening the iNET The Forum 6 The Forum 6 The Forum 6 Appendix B Support 1 . Mediacom, or Mediacom's authorized contractor, shall pertorm all maintenance on the I-Net Fiber, including any Fiber repairs, Fiber restoration, and Fiber relocation that becomes necessary during the term of this Agreement. 2. Each Party will notify the other if it detects any trouble that may interrupt service. Mediacom contact is 800-308-6715. The City's contact is Craig Nowack 563- 589-4181 ; cnowack(c�citvofdubuque.orq. 3. Authorized site contacts will contact the City contact in cases of degraded performance or outage who will contact Mediacom. 4. I-Net trouble ticket submission should include options for telephone support and/or on-line trouble ticket submission. 5. I-Net support must be available during the City's "normal" business hours which are Monday - Friday, 8:00 a.m. - 5:00 p.m. Central Time Zone with options for "after hours and escalated support needs" where resident safety is impacted by an outage. 6. The required callback response to trouble tickets is 1 hour. On-site response must be within 4 hours of the initial callback. Problem resolution should be complete in 24 hours of submitting the trouble ticket for issues where there is total disruption of service. In cases where network operation is available but degraded and or diminished each party will work together on mutually agreeable times for problem resolution. AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND MCC IOWA, LLC, A DELAWARE LIMITED LIABILITY COMPANY FOR THE OPERATION OF THE I -NET This Agreement, dated for reference purposes the ,/ day of 2020, is made and entered into by and between the City of Dubuque, Iowa (City) and MCC Iowa, LLC (Mediacom). WHEREAS, in 2005, City granted to Mediacom a franchise to operate a cable system in the City of Dubuque pursuant to the Cable Television Franchise Agreement (the Franchise); and WHEREAS, Mediacom, pursuant to the Franchise, agreed to provide an Institutional Network of fiber (the I -Net) to City and certain authorized users in Dubuque; and WHEREAS, in 2008, Mediacom was granted a state certificate to operate its cable system; and WHEREAS, pursuant to law, the Franchise terminated in 2009 when the state certificate was granted but Mediacom was required to continue providing the I -Net until June 30, 2020; and WHEREAS, City and Mediacom wish to continue the operation of the I -Net beyond June 30, 2020 on the terms and conditions set forth in the Franchise; NOW THEREFORE, IT IS AGREED BY CITY AND MEDIACOM AS FOLLOWS: SECTION 1. AUTHORIZED USERS. Authorized Users and Authorized Sites shall be as listed on Exhibit A, attached hereto. SECTION 2. I -NET EQUIPMENT. The purchase and maintenance of all I -Net equipment necessary to activate the fiber-optic network shall be the responsibility of City and other Authorized Users. SECTION 3. PROPERTY AND REPAIRS. All I -Net wiring on the City and/or Authorized User's side of the Demarcation Point and all I -Net electronics are the sole responsibility and property of the User. All costs associated with locating or repairing any failure which is reported to Mediacom but which subsequently is determined to have occurred on the City and/or Authorized User's side of the Demarcation Point shall be paid for by the City, except to the extent that Mediacom's negligence or intentional misconduct caused such failure. All costs associated with locating or repairing any failure which is determined to have occurred on Mediacom's side of the Demarcation Point shall be the responsibility of Mediacom except to the extent that the Authorized User's or City's negligence or intentional misconduct caused such failure. SECTION 4. MAINTENANCE. Mediacom's maintenance responsibilities shall be as listed in Exhibit B, attached hereto SECTION 5. RELIABILITY. Mediacom shall maintain the I -Net fiber plant at a high level of reliability and will ensure that such I -Net fiber plant does not have an unreasonable number of outages as compared with Mediacom's subscriber network. SECTION 6. ICN LINKS. Mediacom shall continue to maintain and operate all existing links to the Iowa Communications Network ("ICN"), as such links were in operation on January 1, 2005, without charge to City, any ICN user or other party, as long as Mediacom is not charged for such links by ICN. Nothing in this Agreement shall be construed to prevent City from installing additional links to the ICN, at its own expense, or from interconnecting such links with the I -Net as long as any such interconnection is consistent with the requirements related to use of the I -Net. SECTION 7. SECURITY. Mediacom shall not in any way compromise the physical, optical, electronic, or signal transmission security of Authorized User communications transmitted over the I -Net, except as required by law. SECTION 8. PERMITS AND AUTHORITIES. Mediacom shall be required to obtain, but shall not be required to pay for, City permits, fees and licenses required solely for the I - Net. The Grantee shall comply with all lawful requirements applicable to the Work and shall give and maintain any and all notices required by applicable law pertaining to the Work. SECTION 9. INDEMNIFICATION. Each Party shall indemnify, defend and hold the other harmless from and against any and all damages suffered by the other including but not limited to damages to the other's or third party equipment or facilities as well as claims and liabilities asserted against the other by third parties arising out of: (a) the actions of the Party, its employees and agents at the other's sites subject to this Agreement or any Project Statement or (b) the failure of the Party to perform in accordance with the terms and conditions of this Agreement or any Project Statement. The Party shall indemnify, defend and hold harmless from and against any and all damages suffered by the other and claims and liabilities asserted against the other directly arising out of the gross negligence or intentional misconduct of the Party, its employees or agents at the Parties sites subject to this Agreement or any Project Statement. Notwithstanding the foregoing, neither Party shall be liable to the other for indirect, special or consequential damages. 2 SECTION 10. TERM. The term of this Agreement shall begin July 1, 2019 and continue through June 30, 2022, with one three (3) year extension at the mutual written agreement of the parties. SECTION 11. NOTICES. the following contact information is to be used for formal notices and any other times an exchange of correspondence or billing information is required between Mediacom and City. To Mediacom at: Regional Vice President MCC Iowa LLC 3900 26th Avenue Moline, IL 61265 With a copy to: Mediacom Communications Corporation Legal Department 1 Mediacom Way Mediacom Park, NY 10918 To City at: City Manager City of Dubuque City Hall 50 West 13th Street Dubuque, IA 52001 With a copy to: Corporation Counsel City of Dubuque City Hall 50 West 13th Street Dubuque, IA 52001 Each Party agrees to notify the other Party in the event of changes in the above information. SECTION 12. ASSIGNMENT. This Agreement shall be binding upon and shall inure to the benefit of the assignees, transferees or successors of the Parties, provided that neither Party shall assign, transfer or sublet any of its rights or obligations hereunder without prior written consent of the other Party which consent shall not be unreasonably withheld. Assignment between a Party and a majority owned parent, affiliate, or subsidiary shall not require the consent of the other Party. 3 SECTION 13. LIABILITY INSURANCE. Mediacom shall at all times during the term of this Agreement and any subsequent terms thereof, provide insurance as described in the attached Insurance Schedules C and D, as such schedules may from time to time be amended. SECTION 14. NON -COMPETITION. Neither the City nor any Authorized User shall permit any person, organization, entity, corporation or company to utilize any portion of the I -Net to commercially compete with the internet, video, phone or other communications services offered or sold by Mediacom. SECTION 15. RENTAL PAYMENTS. The City agrees to pay Mediacom $30,000 annually for use of the I -Net. The Parties agree that said rental payment will be used to offset the $30,000 rental payment from Mediacom to the City for the leasing of City -owned real property located at 1,505 W. 3rd St., Dubuque IA, 52001. SECTION 16. FORCE MAJEURE. Mediacom shall not be liable for any delay in performance or inability to perform caused by a Force Majeure Event (as hereinafter defined). As used herein, "Force Majeure Event" shall mean any act or omission of any governmental authority, fires, strikes, lockouts, labor disputes, terrorism, sabotage, acts or omissions of the other Party (irrespective of whether excused), acts of a third party, and any other act of God, event or occurrence, irrespective of whether similar to the foregoing, that is beyond the reasonable control of the Party claiming the Force Majeure Event that affects its ability to perform. A Force Majeure Event shall be deemed to be terminated when its effects on future performance have been substantially eliminated. A Party claiming a Force Majeure Event shall provide the other Party prompt notice of the initiation of the Force Majeure Event and of the termination of such event., Notwithstanding the foregoing provisions, settlement of a strike, lockout, or other labor dispute shall be deemed beyond the control of the Party claiming excuse thereby regardless of the cause of, or the ability of such Party to settle such dispute. SECTION 17. Intentionally left blank. SECTION 18. MISCELLANEOUS 18.1 The paragraph headings used herein are for convenience only and shall not be construed in interpreting this Agreement. 18.2 Each paragraph and provision of this Agreement is severable from the entire Agreement, and if one provision shall be declared invalid, the other provisions shall remain in full force and effect without regard to the invalidity of said provision. 18.3 The failure of either Party to enforce any of the provisions of this Agreement or the waiver thereof in any instance shall not be construed as a general waiver or relinquishment on its part of any such provisions, but the same shall, nevertheless, be and remain in full force and effect. 4 18.4 The terms of this Agreement constitute the entire Agreement between the Parties and no previous communications, representations or agreements, either oral or written, between the Parties with respect to the subject matter hereof shall vary the terms of this Agreement. This Agreement is subject to modification if mutually agreed by the Parties in writing. 18.5 Any notice or request required or desired to be given or made hereunder shall be in writing and shall be effective if delivered in person or sent by certified mail, return receipt requested, and received by the recipient Party at the address previously indicated or such other address as shall hereafter be furnished by a Party in writing, from time to time, to the other Party. 18.6 This Agreement and performance thereunder shall be governed by the laws of the State of Iowa. Signed and in effect by the Parties on the date last written below. CITY OF DUBIJQUE, IOWA MCC IOWA, LLC By / f Roy D. Bu , Mayor Attest: C. Kevin ..S. Firnstah City Clerk rti; Regional Vice President 5 Exhibit A Site Use Type Destination FiberCount Notes Five Flags Civic Center, 405 Main Street City Hall Annex 6 Archdiocesan Center, 1229 Mt. Loretta Core/Ring 12 Loras College, 1450 Alta Vista Street RESTRICTED Core/Ring 12 Clarke College, 1550 Clarke Drive RESTRICTED Core/Ring 12 University of Dubuque, 2000 University Avenue RESTRICTED Core/Ring 12 University of Dubuque Flight School UofD Added Amendment 1; Updated in Mediacom Agreement with City 2018 Please send the ammendment 1 This is in amendment 1 which has been provided. Fiber count is reduced from 6 to 4 due to forced relocate south of town on HWY 151 towards the airport. NICC Downtown Learning Center, 680-700 Main Street Core/Ring 12 Wartburg Theological Seminary, 333 Wartburg Place RESTRICTED Core/Ring 12 U of D Theological Seminary, 2000 University Ave. (co -located with UD) RESTRICTED UofD 6 Emmaus Bible College, 2570 Asbury Road RESTRICTED Core/Ring 12 Carnegie -Stout Public Library, 360 W. llth Street Core/Ring 12 City Hall Annex, 1300 Main Street Core/Ring 12 DBQ County Courthouse, 720 Central Avenue Core/Ring 12 Keystone Education Agency, 2310 Chaney Road Core/Ring 12 City Hall, 50 West 13th Street City Hall Annex 6 DBQ Regional Airport, 11000 Airport Road City Hall Annex 6 Mediacom Agreement with City fora portion of the run Grand River Center, 500 Bell Street City Hall Annex 6 Fire Training Facility, 14928 Public Safety Way City Hall Annex 12 Fiber Count increased to 12 strands amendment 1; Fiber Returns to City Hall Annex Please send a copy of amendment 1 where it showed the increase in fiber from 6 to 12. In column C it is indicated that the destination is City Hall and in the notes in column.E it reflects City Hall Annex. In the fiber docs it shows it to be matching up with column E. Please check or correct column C The fiber returns to City Hall Annex Column C has been corrected. IA Department of Corrections/Dept. Human Services (@ Nesler Center DLEC 6 The 6 fibers in the fiber dots reflect this reporting back to the Law Enforcement Center. Please check on this at the site. I believe this was a redirect request during build of INET.DLEC is correct column C has been corrected Federal Building, 350 West 6th Street (City will purchase site) City Hall Annex 6 National Mississippi River Museum & Aquarium, 300 E. Third Street RESTRICTED City Hall Annex 6 Keystone/Hillcrest Learning Center, 13066 Seippel Road Keystone Education Agency 6 Holy Ghost School, 2981 Central Ave. Archdiocesan Center 6 St. Anthony School, 2175 Rosedale Archdiocesan Center 6 St. Columbkille School 1198 Rush Street Archdiocesan Center 6 St. Joseph the Worker School, 2105 St. Joseph Street Archdiocesan Center 6 St. Joseph's Key West, 10244 Key West Drive Archdiocesan Center 6 Finley Hospital, 350 N. Grandview Ave. EMERGENCY Fire Headquarters 6 Fire Headquarters, 11 West 9th Street City Hall Annex 6 There is 6 fibers currently. I do not believe this was in any agreement related to ammendment 1. Other fire stations were likely in ammendment 1, but not the Fire HQ. Are you asking to incease to 12 ct? 6 Fibers to Fire HQ is correct - Notes have been removed Fire Engine House No.2, 2180 JFK Road City Hall Annex 12 Fiber Count increased to 12 strands amendment 1 I can not locate the ammendment 1 document that this refers to in column E, with the increased build from 6 fibers to 12 fibers. Please send this document I did have a worksheet, but no ammendment document. Amendment 1 shows 12 fibers this amendment has been provided. Fire Engine House No.3, 3155 Central Ave. City Hall Annex 12 Fiber Count increased to 12 strands amendment 1 I can not locate the ammendment 1 document that this refers to in column E, with the increased build from 6 fibers to 12 fibers. Please send this document I did have a worksheet, but no ammendment document. Amendment 1 shows 12 fibers this amendment has been provided. Fire Engine House No.4, 1697 University Ave. City Hall Annex 12 Fiber Count increased to 12 strands amendment 1 I can not locate the ammendment 1 document that this refers to in column E, with the increased build from 6 fibers to 12 fibers. Please send this document I did have a worksheet, but no ammendment document. Amendment 1 shows 12 fibers this amendment has been provided. Page I of3 Exhibit A Fire Engine House No.5, 689 S. Grandview Ave. City Hall Annex 12 Fiber Count increased to 12 strands amendment 1 -: I can not locate the ammendment 1 document that this refers to in column E, with the increased build from 6 fibers to 12 fibers. Please send this document I did have a worksheet, but no ammendment document. Amendment 1 shows 12 fibers this amendment has been provided. Fire Engine house No.6, 1500 Rhomberg Ave. City Hall Annex 12 Fiber Count increased to 12 strands amendment 1 '. I can not locate the ammendment 1 document that this refers to in column E, with the increased build from 6 fibers to 12 fibers. Please send this document I did have a worksheet, but no ammendment document. Amendment 1 shows 12 fibers this amendment has been provided. Keyline Transit System, 2401 Central Ave. City Hall Annex 6 DBQ Law Enforcement Center, 770 Iowa Street City Hall Annex 6 Eagle Point Water Plant, 1902 Hawthorne St. City Hall Annex 6 Municipal Services Center, 925 Kerper Court City Hall Annex 6 County Jail (co -located with DLEC) City Hall Annex 6 Wahlert High School (including Mazzuchelli), 2005 Kane Street Archdiocesan Center 6 In the original exibit we connected Wahlert to the Archdiocesan and now this is saying "including Mazzuchelli". Are you asking for a build to Mazzuchelli to be done, or do you. have the 2 schools connected together and the ffiber is going from the Achdiocese to Wahlert and looping to Mazzuchelli currently You are correct there is no separate fiber run to Mazzuchelli using I -Net fiber. Resurrection School, 4300 Asbury Road Archdiocesan Center 6 Mercy Medical Center, 250 Mercy Drive EMERGENC Y Fire Headquarters 6 Medical Associates East, 1000 Langworthy Street EMERGENC Y Fire Headquarters 6 Medical Associates West, 1500 Associates Drive EMERGENC Y Fire Headquarters 6 Leisure Services @ Bunker Hill, 2200 Bunker Hill Road City Hall Annex 6 Locust St. Parking Ramp, 830 Bluff Street City Hall Annex 6 151 and Grandview Ave City Hall Annex 6 Added in Amendment 1 Please send the ammendment 1 This is in amendment 1 Rockdale Rd and Maquoketa Dr City Hall Annex 6 Added in Amendment 1 Please send the ammendment 1 This is in amendment 1 Twin Valley Rd and Tower Rd City Hall Annex 6 Added in Amendment 1 Please send the ammendment 1 This is in amendment 1 JFK and Pennsylvania City Hall Annex 12 Added in Amendment 1 Please send the ammendment 1 This is in amendment 1 Grand Opera House, 135 W. 8th Street RESTRICTED City Hall Annex 6 The Forum (DCSD Administration Offices) 2300 Chaney Road, Dubuque, Iowa 52001 Core/Ring 12 The Forum "Core/Ring" has 12 strands going to Keystone, and 12 strands going to Emmaus. Afiber strand is used to connect offices at Keystone and DCSD directly. The rest of the connections are for the city 900 Mhz systems and other city uses, some simply pass through us. DCSD Transportation Department, 1350 West Locust Street, Dubuque, Iowa 52001 The Forum 6 Audubon Elementary School, 605 Lincoln Avenue, Dubuque, Iowa 52001-3411 The Forum 6 Bryant Elementary School, 1280 Rush Street, Dubuque, lowa 52003-7597 The Forum 6 Carver Elementary School, 2007 Radford Road, Dubuque, Iowa 52002-2535 Roosevelt Middle School 6 Fiber connectivity is owned by DCSD. DCSD paid to have it installed with the construction of Carver ES. I take it that in column E it is just stating info and not requesting further build, correct.Correct Dubuque Senior High School, 1800 Clarke Drive, Dubuque, Iowa 52001-4199 The Forum 6 Eisenhower Elementary School, 3170 Spring Valley Road, Dubuque, Iowa 52001-1500 The Forum 6 Fulton Elementary School, 2540 Central Avenue, Dubuque, Iowa 52001-3303 The Forum 6 Hoover Elementary School, 3259 St. Anne Drive, Dubuque, Iowa 52001-3998 The Forum 6 Irving Elementary School, 2520 Pennsylvania Avenue, Dubuque, Iowa 52001-3036 The Forum 6 Jefferson Middle School, 1105 Altha user Street, Dubuque, Iowa 52001-2099 The Forum 6 Kennedy Elementary School, 2135 Woodland Drive, Dubuque, Iowa 52002-3826 The Forum 6 Page 2 of 3 Exhibit A Lincoln Elementary School, 555 Nevada Street, Dubuque, Iowa 52001-6499 The Forum 6 Note: In the Original connection we had this address as 1101 W 5th St. Was the the original address entry entered wrong and is the correct address 555 Nevada St. Just verifing we are feeding correct building today. You are feeding the correct building. DCSD provided 555 Nevada as the address they would like to use. If we could use it without a lot of hassle so that addressing is consistent that would be appreciated. Marshall Elementary School, 1450 Rhomberg Avenue, Dubuque, Iowa 52001-224 The Forum 6 Prescott Elementary School, 1151 White Street, Dubuque, Iowa 52001-5070 The Forum 6 Roosevelt Middle School 2001 Radford Road, Dubuque, Iowa 52002-2535 The Forum 6 Sageville Elementary School, 12015 Sherrill Road, Dubuque, Iowa 52002-9731 Fulton Elementary School 6 Fiber connectivity is owned by Mediacom. DCSD paid to have it installed but it became part of the same rules govening the iNET Stephen Hempstead High School 3715 Pennsylvania Avenue, Dubuque, Iowa 52002-3792 The Forum 6 Table Mound Elementary School, 100 Tower Drive, Dubuque, Iowa 52003-8074 The Forum 6 Washington Middle School, 51 North Grandview Avenue, Dubuque, Iowa 52001-6390 The Forum 6 Page 3 of 3 Exhibit B 1. Mediacom, or Mediacom's authorized contractor, shall perform all maintenance on the I -Net Fiber, including any Fiber repairs, Fiber restoration, and Fiber relocation that becomes necessary during the term of this Agreement. 2. Each Party will notify the other if it detects any trouble that may interrupt service. Mediacom contact is 800-308-6715. The City's contact is Craig Nowack 563- 589-4181; cnowack@cityofdubuque.org. 3. Authorized site contacts will contact the City contact in cases of degraded performance or outage who will contact Mediacom. 4. I -Net trouble ticket submission should include options for telephone support and/or on-line trouble ticket submission. 5. I -Net support must be available during the City's "normal" business hours which are Monday - Friday, 8:00 a.m. - 5:00 p.m. Central Time Zone with options for "after hours and escalated support needs" where resident safety is impacted by an outage. 6. The required callback response to trouble tickets is 1 hour. On -site response must be within 4 hours of the initial callback. Problem resolution should be complete in 24 hours of submitting the trouble ticket for issues where there is total disruption of service. In cases where network operation is available but degraded and or diminished each party will work together on mutually agreeable times for problem resolution. 6